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Home My WebLink AboutMinutes - EVWD Board of Directors - 04/09/2001APPROVED: APRIL 23. 2001 EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING MINUTES APRIL 9, 2001 The meeting was called to order at 5:30 p.m. by President Lightfoot. Robert Martin led the flag salute. PRESENT: Directors Wilson, Sturgeon, Goodin, Lightfoot ABSENT: Director Negrete STAFF: Robert Martin, General Manager; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews APPROVAL OF AGENDA The General Manager requested that the following Closed Session Items( No. 24a and No. 24b): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c): Two Potential Cases. be added to the Agenda as the need to take immediate action thereon arose after the Agenda had been posted. M /S /C (Sturgeon - Wilson) that the April 9, 2001 Agenda be approved with revisions recommended by the General Manager pursuant to Government Code Section 54954.2(b)(2). PUBLIC PARTICIPATION President Lightfoot declared the public participation section of the meeting open at 5:32 f p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF MARCH 26, 2001 BOARD MEETING MINUTES. aw r M /S /C (Goodin - Wilson) that the March 26, 2001 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager noted that the owner of property at 25364 Fisher St. had paid the account and should be removed from the lien list. M /S /C (Sturgeon - Negrete) that the liens for delinquent water and sewer accounts be approved for processing with the exception noted by the General Manager. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND HIRCO, LLC TO PROVIDE DOMESTIC WATER AND SEWER SERVICE TO THIRTY - NINE (39) DWELLING UNITS LOCATED ON THE EAST SIDE OF STREATER BETWEEN KRISTIN LANE AND SYCAMORE DRIVE IN THE CITY OF HIGHLAND was presented to the Board for approval. M /S /C (Goodin - Wilson) that the Development Agreement between East Valley Water District and Hirco, LLC be approved. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND GARDNER CONSTRUCTION & DEVELOPMENT, INC. TO PROVIDE DOMESTIC WATER AND SEWER SERVICE TO MULTIPLE COMMERCIAL UNITS LOCATED AT 27265 BASELINE IN THE CITY OF HIGHLAND was presented to the Board for approval. FINANCIAL STATEMENTS FOR PERIOD ENDING FEBRUARY 28, 2001 were presented to the Board for approval. M /S /C (Goodin - Wilson) that the Financial Statements for period ending February 28, 2001 be accepted. DISBURSEMENTS M /S /C (Goodin - Wilson) that General Fund Disbursements #184438 through #184606 in the amount of $413,371.28, Payroll Fund Disbursements #8662 through #8715 in the amount of $64,147.89 totaling $477,519.17 be approved. 2 Minutes: 04/09/01 RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that the Arsenic Rule had been taking priority lately and that there was nothing new to report on Radon. Information only. PUBLIC HEARING TO CONSIDER THE ADOPTION OF PROPOSED RULES, REGULATIONS AND FEES FOR WATER AND SEWER SERVICES PROVIDED BY THE EAST VALLEY WATER DISTRICT. M /S /C (Wilson- Goodin) that the Public Hearing Section of the Board Meeting be opened at 5:35 p.m. The General Manager stated that proposed revisions to the Rules, Regulations and Fees for Water and Sewer Services provided by the District had been finalized and were being presented to the Board for approval and adoption. There being no verbal or written comments, President Lightfoot requested a motion to close the Public Hearing Section. M /S /C (Goodin - Wilson) that the Public Hearing Section of the meeting be closed at 5:40 p.m. RESOLUTION 2001.07 - ESTABLISHING RATES AND CHARGES FOR WATER SERVICE was presented to the Board for approval. M /S /C (Sturgeon- Goodin) that Resolution 2001.07 be approved. ORDINANCE NO. 358 - ESTABLISHING RULES AND REGULATIONS FOR WATER SERVICE, ESTABLISHING A WATER DEPARTMENT, PROVIDING FOR INSTALLATION AND CONNECTION TO DISTRICT WATER MAINS, REGULATING CROSS CONNECTION CONTROL was presented to the Board for approval. M /S /C (Sturgeon- Goodin) that Ordinance No. 358 be approved. ORDINANCE NO. 360 - ESTABLISHING RATES AND CHARGES FOR SEWER SERVICE was presented to the Board for approval. M /S /C (Sturgeon- Goodin) that Ordinance No. 360 be approved. ORDINANCE NO. 359 - REGULATING THE USE OF PUBLIC SEWERS, THE INSTALLATION AND CONNECTION OF BUILDING AND LATERAL SEWERS, PUBLIC SEWER MAIN EXTENSIONS, ESTABLISHING A SEWER DEPARTMENT, PROVIDING PERMITS FOR THE INSTALLATION AND CONNECTION OF SANITARY SEWERS, PROVIDING SEWERS FOR ANNEXED AREAS AND SUBDIVISIONS, REGULATING THE DISCHARGE OF WATERS AND WASTES INTO 3 Minutes: 04/09/01 THE PUBLIC SEWER SYSTEM, PROVIDING RELIEF FOR THE VIOLATION OF THE PROVISIONS THEREOF AND PROVIDING PROCEDURES FOR ENFORCEMENT was presented to the Board for approval. W r M /S /C (Sturgeon- Goodin) that Ordinance No. 359 be approved. DIRECTOR'S FEES AND EXPENSES FOR MARCH 2001 were presented to the Board for approval. Staff was directed to design a more adaptable "Fees and Expense Report" form for the Directors monthly reports. M /S /C (Wilson- Sturgeon) that the Director's fees and expenses for March 2001 be approved. CLAIM FOR DAMAGES FROM THE LAW OFFICES OF WILLIAM MARGOLIN FOR JUDITH ANN PETROSINO. M /S /C (Sturgeon - Wilson) that the claim for damages from the Law Offices of William Margolin for Judith Ann Petrosino be denied and referred to District's Legal Counsel and Insurance Agency. CLAIM FOR DAMAGES FROM THE LAW OFFICES OF WILLIAM MARGOLIN FOR JOHN P. PETROSINO. M /S /C (Sturgeon - Wilson) that the claim for damages from the Law Offices of William Margolin for John P. Petrosino be denied and referred to District's Legal Counsel and Insurance Agency. DISCUSSION AND POSSIBLE ACTION REGARDING A SPONSORSHIP IN THE SAN BERNARDINO COUNTY SHERIFF'S CHILD SAFETY /CRIME PREVENTION YEARBOOK FOR FALL 2001 TO FALL 2002. No action was taken. MARCH 29, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on March 29, 2001 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; reminded all that the District was the host for Special District's Meeting on Monday, April 16` that the District's Semi - Annual Tour will be Thursday, April 19` that the Bond Sale is scheduled r 4 Minutes: 04/09/01 for Wednesday, April 11" at the offices of Fieldman - Rolapp & Assoc. in Irvine, CA. Information only. DIRECTOR NEGRETE ARRIVED AT 5:55 P.M. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Sturgeon commented on the success of the Highland Harvest Festival and mentioned that he felt this should be an annual event for the District's participation. Information only. Director Negrete stated that he had received many positive comments regarding the recent "Highland Harvest Festival ". Information only. Director Wilson congratulated the General Manager on the "nicely done" letter to the "Voice of the People"; commented on the status of the current "power crunch ". Information only. Director Lightfoot suggested that the Board consider changing the time for its regular meetings from evening hours to regular working hours to accommodate staff and bring the item back to the Board for further discussion. Information only. There being no further verbal or written comments from the Directors, this section of the ... meeting was closed. LETTER TO VOICE OF THE PEOPLE (THE SUN NEWSPATPER) IN RESPONSSE TO THE EDITORIAL IN THE MARCH 26 T "'S NEWSPAPER REGARDING THE "ARSENIC RULE ". Information only. ASBCSD MEMBERSHIP MEETING — APRIL 16, 2001, THE GOURMET, 1445 HIGHLAND AVE., SAN BERNARDINO, CA. Information only. CLOSED SESSION M /S /C (Wilson- Goodin) that the meeting adjourn to Closed Session. The Board entered into closed session at 6:05 p.m., as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on, and added to, the Agenda. RETURN TO REGULAR SESSION M /S /C ( Negrete- Goodin) that the meeting adjourn to regular session. 5 Minutes: 04/09/01 ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 6:40 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except on the following items: 24a. M /S /C (Wilson - Negrete) that the amended claim be denied and referred to District's Legal Counsel and Insurance Agency. 24b. M /S /C (Wilson- Goodin) to authorize Legal Counsel to convey a tentative agreement by April 18` and confer with the General Manager regarding a confidentiality agreement. ADJOURN The meeting was adjourned at 6:45 p.m. - L, a' Glenn R. Lightfoo , rresident +r Robert E. artin, Secretary err 6 Minutes: 04/09/01