HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 11/09/2016REGULAR BOARD MEETING
Closed Session Begins at 4:00 PM
November 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: City of San Bernardino
v. San Bernardino Valley Municipal Water District, et al., San Bernardino County
Superior Court Case No. CIVDS1605532
3.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1) Name of Case: City of San Bernardino v.
East Valley Water District, et al., San Bernardino County Superior Court Case No.
CIVDS1608620
4.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4)
One Potential Case
5.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)
Name of Case: East Valley Water District, etc., et al. vs. Frank A. Reichl, et al.
U.S. District Court, District of New Jersey
5:30 PM RECONVENE MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PRESENTATIONS AND CEREMONIAL ITEMS
Introduction of Newly Hired Employee - Joanna Meraz, Community Relations
Representative
Introduction of Newly Hired Employee - Rudy Guerrero, Accountant
PUBLIC COMMENTS
6.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.Directors' fees and expenses for October 2016
b.Resolution 2016.26 - Adopting a Conflict of Interest Code
NEW BUSINESS
7.Legislative and Election Update
8.Schedule public hearing to consider adopting the City of San Bernardino's
Wastewater Treatment Rate increase
9.Participation in the Great California ShakeOut and the adoption of Resolution
2016.25
REPORTS
10.Board of Directors' Reports
11.General Manager/CEO Report
12.Legal Counsel Report
13.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.
Recommended by:
Jo hn Mura
General Manager/CEO
Res p ec tfully s ub mitted :
Justine Hendric ks en
Dis tric t Clerk
BOARD AGENDA STAFF REPORT
Agenda Item #6.a.
Meeting Date: No vemb er 9, 2016
Co nsent Item
To: Governing Bo ard Memb ers
From: General Manager/CEO
Subject: Direc tors ' fees and exp ens es for Oc tober 2016
RECOMMENDATION:
Ap p ro ve the Governing Board Memb ers ’ fees and expens es fo r Octo b er 2016.
BACKGROUND / ANALYSIS:
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.
AGENCY IDEALS AND ENDEAVORS:
Ideals and Endeavor II - Maintain An Enviro nment Committed To Elevated P ublic Servic e
(E) – Practice transparent & acc o untab le fis cal management
REVIEW BY OTHERS:
T his agend a items has been reviewed b y the Ad minis tratio n department.
FISCAL IMPACT :
T he fis c al imp ac t as s o c iated with this agenda item is $7,348.20 whic h is inc luded in the c urrent fisc al b udget.
ATTACHMENTS:
Description Type
Directors Fees and Expenses October 2 016 Backup Material
BOARD AGENDA STAFF REPORT
Agend a Item #6.b.
Meeting Date: No vemb er 9, 2016
Co nsent Item
To: Governing Bo ard Memb ers
From: General Manager/CEO
Subject: Res olution 2016.26 - Ad opting a Co nflict of Interes t Code
RECOMMENDATION:
Staff recommends that the Board o f Direc tors approve the amend ed Conflic t o f Interes t Code and adopt
Res o lution 2016.26.
BACKGROUND / ANALYSIS:
T he Po litic al Reform Ac t req uires every lo c al go vernment agenc y to review its conflic t o f interes t c ode b iennially.
Each agency mus t s ubmit to the County Bo ard o f S up ervis ors a no tic e indic ating whether o r not an amendment
is nec es sary, no later than Oc to b er 1 o f eac h even-numb ered year.
After reviewing the District’s Co nflic t of Interes t Co d e, staff d etermined that d ue to the number of o rganizational
c hanges that have oc curred o ver the p ast two years , an amendment was nec es s ary. Staff has no tified the Co unty
Board of Sup ervis o rs of the changes and rec o mmend s that the Board o f Direc tors appro ve the amend ed
Co nflic t of Interest C o de and adopt Resolutio n 2016.26.
AGENCY IDEALS AND ENDEAVORS:
Ideals and Endeavor II - Maintain An Enviro nment Committed To Elevated P ublic Servic e
(E) - Practice transparent & acc o untab le fis cal management
REVIEW BY OTHERS:
T his agend a item has b een reviewed b y the Ad minis tratio n Dep artment and Legal Couns el.
FISCAL IMPACT :
T here is no fis c al imp ac t as s o c iated with this agenda item.
Recommended by:
Jo hn Mura
General Manager/CEO
Res p ec tfully s ub mitted :
Justine Hendric ks en
Dis tric t Clerk
ATTACHMENTS:
Description Type
Resolution 20 16.26 Resolution Lette r
Appendix – Co nflict of Interest and Disclosure Code Backup Material
1 East Valley Water District
Resolution 2016.26
Page 1 of 2
RESOLUTION NO. 2016.26
A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE
EAST VALLEY WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
WHEREAS, the East Valley Water District (“the District”) is a county water district
organized and operating pursuant to California Water Code Section 30000 et seq., and a local
government agency subject to the requirements of the Political Reform Act of 1974 (“the Act”),
California Government Code Section 81000 et seq.;
WHEREAS, Section 87300 of the Act requires all local government agencies to adopt
and promulgate conflict of interest codes pursuant to the provisions of the Act;
WHEREAS, the Fair Political Practices Commission (“the FPPC”) has adopted a
regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of
interest code which can be incorporated by reference, and which may be amended by the FPPC
after public notice and hearings to conform to amendments in the Act; and
WHEREAS, the District desires to comply with its statutory requirements under the
Act and to provide a method to ensure that its Conflict of Interest Code is current and consistent
with the prevailing provisions of the Act and the regulations of the FPPC.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East
Valley Water District as follows:
Section 1.
The terms of 2 Cal. Code of Regs. Section 18730, and any amendments to it duly
adopted by the FPPC, are hereby incorporated herein by this reference and, along with the attached
Appendix in which members and employees are designated and disclosure categories are set forth,
shall constitute the District’s Conflict of Interest Code. In the event of any inconsistency between
the attached Appendix and the prevailing provisions of the Act and/or the applicable regulations
of the FPPC, the Act and the FPPC regulations shall control.
Section 2.
Designated officials shall file statements of economic interest with the District which
will then be made available to the public for inspection and reproduction. Upon receipt of the
statements from the District’s Board of Directors and General Manager/CEO, the Secretary of the
District shall make and retain a copy and forward the original of said statements to the County
Clerk of the County of San Bernardino. Statements for all other designated officials will be
retained by the District Secretary.
2 East Valley Water District
Resolution 2016.26
Page 2 of 2
Section 3.
This Resolution supersedes Resolution No. 2014.33 adopted by the District’s Board of
Directors on December 10, 2014, and shall take effect immediately upon its adoption.
ADOPTED this 9th day of November, 2016.
Ayes:
Noes:
Abstain:
Absent:
______________________________
Ronald L Coats
Board President
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2016.26
adopted by the Board of Directors of East Valley Water District at its regular meeting held
November 9, 2016.
_________________________
John Mura
Board Secretary
APPENDIX
CONFLICT OF INTEREST AND DISCLOSURE CODE
SECTION 100. Adoption of Code.
The East Valley Water District (“the District”) in the County of San Bernardino hereby adopts this
Conflict of Interest and Disclosure Code (“Code”). The provisions of this Code are additional to
Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as
otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are
incorporated herein and this Code shall be interpreted in a manner consistent therewith.
SECTION 200. Designated Positions.
The positions listed on Exhibit “B” are designated positions. Persons holding those positions are
deemed to participate in the making of decisions which may foreseeably have a material effect on a
financial interest.
SECTION 300. Economic Disclosure Statements.
Designated positions are assigned to one or more of the disclosure categories set forth on Exhibit
“A” each person holding a designated position shall file a statement disclosing his/her interest in
investments, business positions, real property, and income, designated as reportable under the
category to which his/her position is assigned on Exhibit “B”.
SECTION 400. Place and Time of Filing.
A. Persons holding designated positions which are added to the District’s Code shall file an
initial statement within 30 days after the effective date of the Code.
B. Persons appointed, promoted, or transferred to designated positions shall file an assuming
office statement with the District within 30 days after assuming the position.
C. Annual statements shall be filed with the District by April 1st by all persons holding
designated positions. Such statements shall cover the period of the preceding calendar year
or from the date of the last statement filed.
D. Leaving office statements shall be filed with the District within 30 days of leaving a
designated position. Such statements shall cover the period from the closing date of the last
statement filed to the date of leaving the position.
E. An individual who resigns a designated position within 12 months following initial
appointment or within 30 days of the date of a notice mailed by the filing officer of the
individual’s filing obligation, whichever is earlier, is not deemed to assume or leave office,
provided that during the period between appointment and resignation, the individual does not
make, participate in making, or use the position to influence any decision of the District, or
receive, or become entitled to receive, any form of payment by virtue of being appointed to
the position. Within 30 days of the date of a notice mailed by the filing officer, the
individual shall do both of the following:
(1) File a written resignation with the appointing power.
(2) File a written statement with the filing officer signed under the penalty of perjury
stating that the individual, during the period between appointment and resignation,
did not make, participate in the making or use the position to influence any decision
of the District or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
SECTION 500. Contents of Economic Disclosure Statements.
Statements shall be made on forms supplied by the District, and shall contain the following
information.
A. When an investment, or an interest in real property, is required to be reported, the statement
shall contain:
(1) A statement of the nature of the investment or interest;
(2) The name of the business entity in which each investment is held, and a general
description of the business activity in which the business is engaged;
(3) The address or other precise location and the use of the real property;
(4) A statement whether the fair market value of the investment or interest in real
property equals or exceeds two thousand dollars ($2,000) but does not exceed ten
thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but
does not exceed one hundred thousand dollars ($100,000), whether it exceeds one
hundred thousand dollars ($100,000) but does not exceed one million dollars
($1,000,000) or whether it exceeds one million dollars ($1,000,000); and
(5) If any otherwise reportable investment or interest in real property was partially or
wholly acquired or disposed of during the period covered by the statement, the date
of acquisition or disposal shall be reported.
B. When income is required to be reported, the statement shall contain:
(1) The name and address of each source of income aggregating five hundred dollars
($500) or more in value, or fifty dollars ($50) or more in value if the income was a
gift, and a general description of the business activity, if any of each source;
(2) A statement whether the aggregate value of income from each source, or in the case
of a loan, the highest amount owed to each source, was at least five hundred dollars
($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of
one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000),
whether it was greater than ten thousand dollars ($10,000) but not greater than one
hundred thousand dollars ($100,000), or whether it was greater than one hundred
thousand dollars ($100,000);
(3) A description of the consideration, if any, for which the income was received;
(4) In the case of a gift, the amount or value and the date on which the gift was received
and the name, address, and business activity, if any, of the intermediary or agent and
the actual donor;
(5) In case of a loan, the annual interest rate and security, if any, given for the loan; and
(6) The first report filed by a person holding a designated position shall disclose any
reportable investments, interests in real property, business positions, and income
received during the previous 12 months.
C. When the filer’s pro rata share of income to a business entity or trust, including income to a
sole proprietorship, is required to be reported, the statement shall contain:
(1) The name, address, and a general description of the business activity of the business
entity; and
(2) The name of every person from whom the business entity received payments if the
filer’s pro rata share of gross receipts from such persons was equal to or greater than
ten thousand dollars ($10,000) during a calendar year.
D. When business positions are required to be reported, the statement shall contain:
(1) The name, address, and a general description of the business entity;
(2) The filer’s job title or position; and
(3) A statement whether the position was held throughout the entire reporting period and
the dates the position was commenced or terminated, if not held during the entire
reporting period.
SECTION 600. Disqualification.
Persons holding designated positions shall disqualify themselves from making or participating in the
making or in any way attempting to use their official position to influence a governmental decision
when it is reasonably foreseeable that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on:
A. The financial status of the person holding a designated position or that of his or her spouse or
dependent children;
B. Any business entity located in, doing business in, owning real property in, or planning to do
business in the jurisdiction of the person holding a designated position, in which said person,
or his or her spouse or dependent child, has a reportable investment of $2,000 or more;
C. Any real property located in the jurisdiction of the person holding a designated position and
said person, or his or her spouse or dependent child, has a reportable interest of $2,000 or
more in that real estate;
D. Any person, business entity, or nonprofit entity located in, doing business in, owning real
property in, or planning to do business in, the jurisdiction of the person holding a designated
position, from which said person or his or her spouse has received reportable income, other
than loans by a commercial lending institution in the regular course of business, aggregating
five hundred fifty dollars ($500) or more in value within twelve months prior to the time the
decision is made;
E. Any person, business entity, or nonprofit entity from which the person holding a designated
position has received a reportable gift aggregating four hundred sixty dollars ($460) or more
in value within twelve months prior to the time the decision is made; and
F. Any business entity, other than a nonprofit organization, in which the person holding a
designated position is a director, officer, partner, trustee, employee, or holds any position of
management.
SECTION 700. Adoption by Incorporation.
Adoption by incorporation by reference of the terms of this code along with the designation of
employees and the formulation of disclosure categories in the Exhibits referred to above constitute
the adoption and promulgation of a Conflict of Interest and Disclosure Code.
CONFLICT OF INTEREST AND DISCLOSURE CODE
Exhibit A
CATEGORY 1
Persons in this category shall disclose all interest in real property within the jurisdiction. Real
property shall be deemed to be within the jurisdiction if the property or any part of it is located
within or not more than two miles outside the boundaries of the jurisdiction or within two miles of
any land owned or used by the District.
CATEGORY 2
Persons in this category shall disclose all investments and business positions.
The Political Reform Act defines investment as follows:
“Investment” means any financial interest in or security issued by a business entity, including
but not limited to common stock, preferred stock, rights, warrants, options, debt instruments,
and any partnership or other ownership interest owned directly, indirectly, or beneficially by
the public official, or other filer, or his or her immediate family, if the business entity or any
parent, subsidiary, or otherwise related business entity has an interest in real property in the
jurisdiction, or does business or plans to do business in the jurisdiction, or has done business
within the jurisdiction at any time during the two years prior to the time any statement or
other action is required under this title. No asset shall be deemed an investment unless its
fair market value equals or exceeds two thousand dollars ($2,000). The term “investment”
does not include a time or demand deposit in a financial institution, shares in a credit union,
any insurance policy, interest in a diversified mutual fund registered with the Securities and
Exchange Commission under the Investment Company Act of 1940 or a common trust fund
which is created pursuant to Section 1564 of the Financial Code, or any bond or other debt
instrument issued by any government or government agency. Investments of an individual
include a pro rata share of investments of any business entity, mutual fund, or trust in which
the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent
interest or greater.
According to the Political Reform Act, a business position is a position of director, officer, partner,
trustee, employee, or any position of management in any organization or enterprise operated for
profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture,
syndicate, corporation or association.
CATEGORY 3
Persons in this category shall disclose all income and business positions.
The Political Reform Act defines income as follows:
“Income” means a payment received, including but not limited to any salary, wage, advance,
dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage,
loan, forgiveness or payment of indebtedness received by the filer, reimbursement for
expenses, per diem, or contribution to an insurance or pension program paid by any person
other than an employer, and including any community property interest in the income of a
spouse. Income also includes any outstanding loans. Income of an individual also includes a
pro rata share of any business entity or trust in which the individual or spouse owns, directly,
indirectly or beneficially, a 10-percent interest or greater.
CATEGORY 4
Persons in this category shall disclose all business positions, investments in, or income (including
gifts and loans) received from business entities that manufacture, provide or sell service and/or
supplies of a type utilized by the District and associated with the job assignment of designated
positions assigned to this disclosure category.
CATEGORY 5
Consultants who are not employed as full-time staff members of the District shall nonetheless be
included as a designated employee and subject to the disclosure requirements herein. However,
those consultants whose positions are marked with an asterisk (*) in Exhibit “B” of this Code, or any
other consultants which may be hired, may not be required to fully comply with the disclosure
requirements herein where the range of duties which they are hired to perform is limited in scope.
Such determination shall be made in writing by the General Manager of the District and shall include
a description of the consultant's duties and, based upon that description, a statement of the extent of
the consultant’s disclosure requirements, if any. This determination is a public record and shall be
retained for public inspection in the same manner and location as this Code.
CONFLICT OF INTEREST AND DISCLOSURE CODE
Exhibit B
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Director 1-3
General Manager/CEO 1-3
Assistant General Manager 1-3
Business Services Manager 4
Controller / Chief Financial Officer 1-3
Engineering & Operations Manager 4
Director of Engineering & Operations 4
District Clerk 4
Field Service Superintendent 4
Water Production Superintendent 4
Human Resources/ Risk & Safety Manager 4
Information Technology Manager 4
Public Affairs & Conservation Manager 4
Consultant * 5
Recommended by:
John Mura
General Manager/CEO
Respectfully submitted:
Kelly Malloy
Public Affairs/Conservation Manager
BOARD AGENDA STAFF REPORT
Agenda Item #7.
Meeting Date: November 9, 2016
Discussion Item
To: Governing Board Members
From: General Manager/CEO
Subject: Legislative and Election Update
RECOMMENDATION:
This information is presented as an information only item, no action is needed at this time.
BACKGROUND / ANALYSIS:
East Valley Water District has adopted a Legislative Platform that identifies priorities and positions regarding
legislation that could impact the District. Based on that direction, staff has been working with The Onate Group
and Gonzales, Quintana & Hunter, LLC to participate in legislative action regarding priority issues.
An update was provided to the Governing Board on September 14, 2016. Since that presentation, the deadline
for the Governor's signature and General elections have taken place which impact the upcoming 2017 legislative
activities.
AGENCY IDEALS AND ENDEAVORS:
Ideals and Endeavor III - Demonstrate Visionary Leadership To Enhance District Identity
(E) - Develop a proactive legislative presence
ATTACHMENTS:
Description Type
Legislative Update Presentation Presentation
East Valley Water
District Advocacy
Presentation
Pilar Oñate-Quintana
David Quintana
Audrey Durfor
Post -Election Day
•As a presidential election year California Republicans
had a great challenge on their hands to defend existing
members
•Succeed in some open seats and try to prevent 2/3
Democratic supermajorities in Senate and Assembly.
A 2/3
supermajority
would allow
Democrats to
potentially pass
taxes, fees, bonds
and constitutional
amendments
without a single
Republican vote.
In 2016, the Democrats had 51 in
the Assembly and 26 in the Senate
and needed 3 more in the Assembly
and 1 more in the Senate to obtain
a supermajority status.
The most heavily contested races
Most heavily targeted R vs. D Assembly races included:
AD 16 Catherine Baker (R) vs.
Cheryl Cook-Kallio (D)
East Bay
Area Baker Incumbent
AD 35 Jordan Cunningham (R)
vs. Dawn Ortiz-Legg (R)
San Luis
Obispo Area Open Seat
AD 38 Dante Acosta (R) vs.
Christy Smith (D)
LA/Ventura
County Open Seat
AD 40 Marc Steinorth (R) vs.
Abigail Medina (D)Steinorth Incumbent
AD 60 Eric Linder (R) vs.
Sabrina Cervantes (D)Linder Incumbent
AD 65 Young Kim (R) vs.
Sharon Quirk-Silva (D)
Orange
County
Young Kim incumbent, Quirk
Silva prior incumbent
AB 66 David Hadley (R) vs.
Al Maratsuchi (D)
Los Angeles
County
Hadley Incumbent,
Maratsutchi prior incumbent
The most heavily contested races
(continued)…
The most heavily contested R Vs. D Senate races were:
SD 21 Scott Wilk (R)vs.
Johnathon Ervin (R)
Los Angeles &
San Bernardino
Counties
Open Seat, but Wilk
seeking to move from
Asm
SD 25 Mike Antonovich (R) vs.
Anthony Portantino (D)
Los Angeles
County Open Seat
SD 27 Henry Stern (D) vs.
Steve Fazio (R)
Los Angeles
County Open Seat
SD 29 Ling Ling Chang (R) vs.
Josh Newman (D)Orange County Open Seat
Due to open primary, many Dem on Dem races too (a few examples):
Assembly Cheryl Brown vs. Eloise Reyes (local)
Assembly Mae Torlakson vs. Tim Grayson (East Bay)
Senate Bill Dodd vs. Mariko Yamada (Solano/Napa County)
Senate Jane Kim vs. Scott Wiener (San Francisco)
New Term Limit System in
Place
•2016 represented the last election for members elected
under the old term limit system (6 years Assembly or 8
years Senate)
•This election was the last big shake up in the
Legislature until 2024
•The advantages of incumbency mean there will be
limited opportunities in the next decade to change the
political make-up of the legislature.
Proposition 53 –Revenue
Bond Initiative
•Millions were spent by Delta -area farmer Dean
Cortopassi to place and support this measure.
•Proposition was seen as a threat to projects such as the
twin tunnels and high-speed rail.
•Governor engaged in intensive fundraising efforts to
oppose the measure.
Changes to the Water World
in 2016
Senator Fran Pavley
was term-limited in
2016, opening the
position of chair for the
Senate Natural
Resources and Water
Committee.
Assembly
Environmental Quality
Committee Chair Luis
Alejo was also term-
limited out.
Issues The New Legislature
May Face…
•“Son of” SB 163 (Hertzberg) –Last year Senator Hertzberg
pushed legislation to establish mandates to reduce ocean
discharge. A CASA-led coalition successfully fought this, but
Senator Hertzberg has indicated he will be back with another
measure on this issue.
•A “public goods charge” or some type of water fee effort
remains a strong possibility for the new legislature to pick up –
especially given past AB 401 and current State Water Resources
Control Board efforts to develop a plan to help disadvantaged
residents with water costs.
•The parks bond effort that did not make it across the finish
line in 2016 may be reinvigorated for a future ballot.
•The Meral water bond that was floated for 2016 could be
picked up for 2018 –so either that bond or a Legislative-driven
bond could be a topic of discussion during the new session.
•SWRCB Regulatory Efforts Re: Conservation Mandates:
•Current emergency regulations expire January 2017.
•Per the Governor’s Executive Order B-37-16, the
Board is working to separately take action to make
some of the requirements of the emergency
regulations permanent.
•Some pressure from non -government organizations
to return to strict mandates for cuts given lesser
levels of conservation more recently.
Continuous Evolution of
Conservation
Other Issues…
•Little Hoover Commission Hearings on Special Districts:
•ACWA has been very active in proactively engaging in the
Little Hoover Commission hearings on special districts.
•Previous Little Hoover Commission hearings several years
ago spurred interest and legislative proposals re: water
district reserves.
•While the Commission hearings have not heavily focused on
reserves to date, agencies are advised to adopt (or update)
reserve policies so they are clear –in case any state efforts
gather steam.
Questions?
BOARD AGENDA STAFF REPORT
Agend a Item #8.
Meeting Date: No vemb er 9, 2016
P ub lic Hearing
To: Governing Bo ard Memb ers
From: General Manager/CEO
Subject: S c hedule public hearing to c o ns id er ado p ting the City of San Bernard ino's Wastewater Treatment
Rate increas e
RECOMMENDATION:
Sched ule pub lic hearing for January 25, 2017 to cons id er ad o p tio n o f Was tewater Treatment Rates effec tive July
1, 2017.
BACKGROUND / ANALYSIS:
In 1957, the C ity of San Bernardino and the East Valley Water Dis tric t entered into a Joint Exercis e of P owers
Agreement (JPA) und er whic h the City provid es was tewater treatment servic es to Dis trict cus to mers . The JPA
s tip ulates that the City is res pons ib le fo r s etting wastewater treatment rates , and the Dis tric t is res pons ib le fo r
c harging the rates to Dis tric t c usto mers and then remitting the c o llec ted c harges to the City.
In S ep temb er 2015, the City ad o p ted a three phas e inc rease in was tewater treatment rates , with effective dates o f
Oc tober 1, 2015, July 1, 2016 and July 1, 2017. T he Dis tric t has implemented the firs t two rate adjus tments
utilizing pas s through p rovis io ns und er Califo rnia Go vernment Code (CGC) §53756, however, the final phas e
d oes no t q ualify for pas s -thro ugh treatment und er this c o d e sec tion. As a result, the Dis trict mus t adopt the City
increas e effec tive o n July 1, 2017 at a p ublic hearing in ac c o rd anc e with Pro p 218.
A p res entatio n given by s taff at the Oc tober 26th, 2016 regular board meeting, exp lained that the monthly imp act
o f the p has e three rate inc rease o n cus tomers wo uld b e $.70 p er ho us ehold. S taff also po inted out that the
impac t to the Dis tric t o f not ad o p ting the increase wo uld b e ap p roximately $21,000 per month.
Staff rec o mmends that the Board s ched ule a p ublic hearing o n January 25th, 2017 to consider ado p tion o f phas e
three of the City of S an Bernardino was tewater treatment rate increas es . S taff als o rec o mmend s ap p roval o f
mailing no tic es fo r the hearing in early Decemb er, in complianc e with req uirements und er Propo s ition 218.
AGENCY IDEALS AND ENDEAVORS:
Ideals and Endeavor II - Maintain An Enviro nment Committed To Elevated P ublic Servic e
(E) - Practice transparent & acc o untab le fis cal management
Recommended by:
Jo hn Mura
General Manager/CEO
Res p ec tfully s ub mitted :
Brian To mpkins
Chief Financial Offic er
FISCAL IMPACT :
T here is no fis c al imp ac t as s o c iated with this agenda item.
ATTACHMENTS:
Description Type
Wastewater Rate Increase P resentation Presentation
•Treatment by San Bernardino Municipal Water Department
−City of San Bernardino City Council is Responsible for Rate Setting
2E A S T V A L L E Y W A T E R D I S T R I C T
WASTEWATER TREATMENT TODAY
EVWD is Obligated to Pay Fees Approved By the City
100% of Wastewater Treatment Fees Sent to the City Including Development Fees
EVWD Has No Ownership of Treatment Facilities
EVWD Has No Input in Long-Term Planning/Spending
90-Day Termination of Service Clause Outside City Limits
LONG-TERM CONTRACT
PASS THROUGH PROVISION
•California Government Code
Section 53756
•Allows for Pass-through of
Wholesale Water / Wastewater
Treatment Charges
−Provided Schedule of Rates and
Charges adopts automatic
adjustments
−Maximum of Five Years
3E A S T V A L L E Y W A T E R D I S T R I C T
AB 3030 / 2567
Wastewater Treatment
5 Years
January 2012
March 2016
July 2016
TREATMENT FEES
•Last EVWD Wastewater Rate
Hearing November 2011
−Avoided monthly deficit of $88,000
−Adopted 5 year pass through provision
•New Rates Based on 2015 Rate
Study and Capital Improvement Plan
•Beginning 2015 Separate Fees for
EVWD and Loma Linda
•City Adopted Rates September 2015
−Three phases
4E A S T V A L L E Y W A T E R D I S T R I C T
City of San Bernardino
Adopted Rates
Effective Date Increase Status
October 1, 2015 8.5%Implemented
July 1, 2016 8.5%Implemented
July 1, 2017 3.25%Pending Hearing
$21,000 Additional Monthly Cost
$.70 Cost Per Single Family Account
5E A S T V A L L E Y W A T E R D I S T R I C T
NOTICE OF PUBLIC HEARING
•Mail to All Property Owners,
Customers Affected By Rates
•Explain Reason For Rate
Adjustments
•Explain How Customers Can
Participate
−Filing of Protest
•Give Date And Time of Public
Hearing
6E A S T V A L L E Y W A T E R D I S T R I C T
PROPOSED TIMELINE
November 9
•Schedule
Public Hearing
Mail Notices for
Hearing
•December 9, 2016
Public Hearing
•January 25, 2017
Implementation
•If Approved
•July 1, 2017
Recommended by:
Jo hn Mura
General Manager/CEO
Res p ec tfully s ub mitted :
Kelly Malloy
Public Affairs / Co nservatio n Manager
BOARD AGENDA STAFF REPORT
Agend a Item #9.
Meeting Date: No vemb er 9, 2016
Dis cus s io n Item
To: Governing Bo ard Memb ers
From: General Manager/CEO
Subject: P articipation in the Great California ShakeOut and the ad o p tio n o f Resolutio n 2016.25
RECOMMENDATION:
Ad o p t Res o lution 2016.25 rec o gnizing the District's p artic ipatio n in the Great C alifornia ShakeOut.
BACKGROUND / ANALYSIS:
On Oc tober 20, 2016 at 10:20 am the Distric t partic ip ated in the Great C alifornia S hakeout. T his s tatewid e event
is incorporated in the q uarterly emergenc y drill s ched ule fo r s taff. T he event was an oppo rtunity to p rac tic e a
fac ility earthquake d rill, tes t the audible alarm s ys tem, utilize the telephone interc o m sys tem, evaluate the visito r
c hec k in p ro c ed ure, review the Dis tric t vehic le c o nditions , and evacuate the facility to the s econdary staging area.
As a res ult o f this event, minor ad jus tments are being made to thes e proc edures to streamline emergency
respons es.
As p ublic employees, Eas t Valley Water Distric t staff members may be needed to res p o nd in the event of an
emergency. In p reparation fo r this , everyo ne in the o rganizatio n is required to attend state and fed eral c o urses in
o rder to inc reas e familiarity with s tand ardized p ro c ed ures . Add itionally, the District has an emergency
p reparedness p lan that has id entified potential hazard s and correlating respons e p lans .
T he Great California ShakeOut is an annual opportunity to p ractic e how to res p o nd d uring a major earthquake. It
has b een es tab lis hed to enc o urage res id ents , communities , sc hoo ls , and organizations to review and update
emergency prep ared nes s plans, imp ro ve res po nse s kills , and minimize damage and injuries during an earthquake
event.
AGENCY IDEALS AND ENDEAVORS:
Ideals and Endeavor I - Enc o urage Innovative Investments To Pro mo te Sustainab le Benefits
(C) - Enhanc e emergenc y p reparedness p ro gram
ATTACHMENTS:
Description Type
Presentation Presentation
Resolution 20 16.25 Resolution Lette r
•Emergency Response Plan
•Quarterly Drills
−Fire
−Earthquake
−Active Shooter
−Specialty
•On-going Training
2EAST VALLEY WATER DISTRICT
EMERGENCY PREPAREDNESS AT EVWD
GREAT SHAKEOUT 2016
3EAST VALLEY WATER DISTRICT
California 10.7
Million
US 19.7 Million
Global 21.4
Million
4EAST VALLEY WATER DISTRICT
SUCCESSFUL EVENT
•Drop Cover
and Hold
•Evacuation
−Account for
Staff & Visitors
•Vehicle
Inspections
•Alarm Check
COMMUNITY OUTREACH
•Advertisements
•Social Media Posts
•Lobby Information
•Community Events
5EAST VALLEY WATER DISTRICT
6EAST VALLEY WATER DISTRICT
LOOKING AHEAD
Update
Emergency
Response
Plan
Enhanced
Drill in
Spring 2017
Supply
Assessment
Facility
Security
East Valley Water District
Resolution 2016.25
Page 1 of 2
RESOLUTION NO. 2016.25 A RESOLUTION OF PARTICIPATION IN THE GREAT CALIFORNIA SHAKEOUT AND WORK TOWARD BECOMING A SAFER COMMUNITY WHEREAS, the Board of Directors of the East Valley Water District (the “District”) recognizes that no community is immune from natural hazards whether it be earthquake, wildfire, flood, winter storms, drought, heat wave, or dam failure and recognizes the importance enhancing its ability to withstand natural hazards as well as the importance of reducing the human suffering, property damage, interruption of public services and economic losses caused by those hazards; and WHEREAS, major earthquakes pose a particular, significant, and ongoing threat to the entire service area of the District; and WHEREAS, the District has a responsibility to promote earthquake preparedness internally as well as with the public and plan appropriately for earthquake-related disasters; and WHEREAS, the protection of District employees will allow them to facilitate the continuity of government and assist the public following a major earthquake event; and WHEREAS, community resiliency to earthquakes and other disasters depends on the preparedness levels of all stakeholders in the community – individuals, families, schools, community organizations, faith-based organizations, non-profits, businesses, and government; and WHEREAS, by participating in The Great California ShakeOut on October 20, 2016, the District had the opportunity to join and support all Californians in strengthening community and regional resiliency; and WHEREAS, by supporting The Great California ShakeOut, the District can utilize the event information to educate its residents regarding actions to protect life and property, including mitigating structural and non-structural hazards and participating in earthquake drills; and WHEREAS, by officially registering for the Great California ShakeOut, District employees participated in the ShakeOut “Drop Cover and Hold on” earthquake drill on October 20 at 10:20 a.m. BE IT FURTHER RESOLVED that this Resolution approves participation in the Great California Shakeout hereto by taking time to recognize and acknowledge the importance of preparing our District for the purposes of building a safer community and reducing the loss of lives and property from a major earthquake event by taking proactive steps today. ADOPTED this 9th day of November, 2016 Ayes: Noes: Absent: Abstain: Ronald L. Coats, Board President
East Valley Water District
Resolution 2016.25
Page 2 of 2
November 9, 2016 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2016.25 adopted by the Board of Directors of East Valley Water District as its Regular Meeting held November 9, 2016. John Mura, Secretary, Board of Directors
Certificate of Participation
presented to
as a registered participant of the
2016 Great California ShakeOut
The Great California ShakeOut
Annual Statewide Earthquake Drill
Mark Benthien
Executive Director
Earthquake Country Alliance/SCEC
Kate Long
Earthquake and Tsunami Program, Deputy Manager
California Governor’s Office of Emergency Services
Earthquake
Country
Alliance
We’re all in this together.
EAST VALLEY WATER DISTRICT