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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 05/14/2001APPROVED: MAY 29. 2001 EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING MINUTES MAY 14, 2001 The meeting was called to order at 2:00 p.m. by President Lightfoot. Director Wilson led the flag salute. PRESENT: Directors Wilson, Negrete, Goodin, Lightfoot ABSENT: Director Sturgeon STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Nick Canellopaulos, Dimitri Vassilakos, Marion Vassilakos, Uri Leder, Dean Carpenter, Charlene Engeron (The Press Enterprise), Jo McAndrews APPROVAL OF AGENDA Legal Counsel requested that the following NEW BUSINESS Items: 14a. Approval of Development Agreement between East Valley Water District and Victoria Development Company to provide domestic water and sewer service to a commercial and cultural center located at the southwest corner of Highland Boulevard Boulder Avenue in the City of San Bernardino. and 14b. Approval of Development Agreement between East Valley Water District and San Manuel Band of Mission Indians to provide water and sewer service to sixty -six (66) dwelling units located South of Hemlock Drive and West of Victoria Avenue in the City of San Bernardino. be added to the Agenda as the need to add the items arose after the Agenda had been posted. M /S /C (Wilson - Negrete) that the May 14, 2001 Agenda be approved with revisions recommended by the General Manager. Ir�r PUBLIC PARTICIPATION President Lightfoot declared the public participation section of the meeting open at 2:01 p.m. Mr. Dimitri Vassilakos stated that he was present to submit a letter of appeal to the Board of Directors to review and consider revisions to the Backflow Prevention section of the District's recently published Ordinance. Mr. Uri Leder reiterated Mr. Vassilakos' request and also submitted an appeal to the Board stating that these two documents be attached to, and be made a part of, the May 14, 2001 Board Meeting Minutes. There being no further written or verbal comments, the public participation section was closed. APPROVAL OF APRIL 23, 2001 BOARD MEETING MINUTES. M /S /C (Wilson- Goodin) that the April 23, 2001 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The Chief Financial Officer stated that the owner of property at 5442 Newbury Ave., 5801 Chiquita Ln., and 26718 Bruce St. had paid the account and should be removed from the lien list. aw M /S /C (Wilson- Goodin) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the Chief Financial Officer. DISBURSEMENTS M /S /C (Wilson- Goodin) that General Fund Disbursements #184767 through #184997 in the amount of 836,176.48, Payroll Fund Disbursements #8770 through #8823 in the amount of $64,656.16 totaling $900,832.64 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that he was optimistic about the appointment of Mr. Mehan as Assistant Administrator of the EPA for Water Programs. Information only. RESOLUTION 2001.08 - ESTABLISHING DATE, TIME AND LOCATION OF REGULAR BOARD MEETINGS was presented to the Board for approval. M /S /C (Wilson- Goodin) that Resolution 2001.08 be approved which changes the regular board meetings to the second (2n and fourth (4 Tuesday of each month at 2:00 p.m. ■o 2 MINUTES: 05/14/01 FIRST AMENDMENT TO PROPERTY EXCHANGE AGREEMENT BETWEEN MWD AND EVWD FOR REPLACEMENT OF EVWD WELL #121 WITH Well #147 was presented to the Board for approval. M /S /C (Negrete - Wilson) that the First Amendment to the Property Exchange Agreement between MWD and EVWD be approved. A REPORT FROM SBVMWD ON ACTIVITIES OF THE TASK FORCE FOR FEDERAL ENERGY REGULATORY COMMISSION ACTIVITY REGARDING THE RE- LICENSING HYDROPOWER GENERATION PLANTS ON LYTLE CREEK AND MILL CREEK AND DRAFT MOTION FOR INTERVENTION BY EAST VALLEY WATER DISTRICT. Information only. CORRESPONDENCE FROM CRESTLINE VILLAGE WATER DISTRICT AND JUNIPER RIVIERA COUNTY WATER DISTRICT ON THE NEW FUNDING FOR THE INDEPENDENT SPECIAL DISTRICTS' SHARE OF LAFCO COSTS FOR FISCAL YEAR 2001 -02. Information only. DIRECTOR'S FEES AND EXPENSES FOR APRIL 2001 were presented to the Board for approval. M /S /C (Negrete- Goodin) that the Director's fees and expenses for April 2001 be approved. DISCUSSION and POSSIBLE ACTION REGARDING RESCHEDULING /CANCELING THE MAY 28 BOARD MEETING DUR TO THE MEMORIAL DAY HOLIDAY CONFLICT. No discussion was necessary on this item due to the approval of Resolution 2001.08. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FROM PSOMAS FOR THE PREPARTATION OF A SEWER MASTER PLAN. The General Manager recommended approval of Tasks 1 thru 8 of the Scope of Work proposed by Psomas for the preparation of a Sewer Master Plan for East Valley Water District. M /S /C (Wilson - Negrete) that the project be authorized as outlined by the General Manager. MEMORANDUM FROM FRED STAFFORD REGARDING RE- BILLING BY SOUTHERN CALIFORNIA EDISON (SCE). 3 MINUTES: 05/14/01 The General Manager presented a memorandum from Production Supervisor, Fred Stafford, involving numerous billing errors from improper meter reading, etc. by SCE over a period of approximately three (3) years and a re- billing of those accounts resulting in a �r debit of $82,695.32. M /S /C (Negrete - Wilson) that the debit resulting from under - billing be paid to SCE. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND VICTORIA DEVELOPMENT COMPANY TO PROVIDE DOVESTIC WATER AND SEWER SERVICE TO A COMMERCIAL AND CULTURAL CENTER LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND BOULEVARD BOULDER AVENUE IN THE CITY OF SAN BERNARDINO was presented to the Board for approval. M /S /C (Goodin - Negrete) that the Development Agreement between East Valley Water District and Victoria Development be approved in concept subject to final approval by Legal Counsel and District staff, and that the Board President be authorized to sign after completion of this review. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND SAN MANUEL BAND OF MISSION INDIANS TO PROVIDE WATER AND SEWER SERVICE TO SIXTY -SIX (66) DEWLLING UNITS LOCATED SOUTH OF HEMLOCK DRIVE AND WEST OF VICTORIA AVENUE IN THE CITY OF SAN BERNARDINO was presented to the Board for approval. M /S /C (Good in - Negrete) that the Development Agreement between East Valley Water District and San Manuel Band of Mission Indians be approved in concept subject to final approval by Legal Counsel and District staff, and that the Board President be authorized to sign after completion of this review. INVESTMENT REPORT FOR QUARTER ENDING DECEMBER 31, 2000. Information only. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on April 26, 2001 was reviewed. Information only. REVIEW AND OUTLOOK FROM THE WALL STREET JOURNAL ON THE ARSENIC RULE. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that the ground water levels are very low; that the PUC has stated that water agencies will NOT be exempt from "rolling black- outs "; that a sewer extension proposal from Ed Hill would be submitted for +r.r consideration at the next Board meeting; . Information only. 4 MINUTES: 05/14/01 ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Goodin stated that State Compensation Insurance Fund would be at the District on Thursday, May 17' at 10:00 a.m. to discuss the District's Workers' Compensation program. Information only. Director Wilson commented on some of the events at the ACWA Conference in Tahoe. Information only. There being no verbal or written comments from the Directors, this section of the meeting was closed. LETTER OF APPRECIATION FROM DICK HEIL AND BETTY GIBBEL (EASTERN MWD) REGARDING THE DISTRICT TOUR ON APRIL 19 Information only. ASBCSD MEMBERSHIP MEETING — CHATEAU CHANG, 15425 ANACAPA ROAD, VICTORVILLE, CA. - MAY 21, 2001. Information only. CALIFORNIA DEPARTMENT OF WTAER RESOURCES'S WATER EDUCATION COMMITTEE, SPRING 2001 MEETING - HILTON HOTEL, SAN BERNARDINO, CA., JUNE 13 -14, 2001. Information only. SPECIAL DISTRICT FINANCE, A SPECIAL DISTRICT INSTITUTE SEMINAR, % CAESARS TAHOE, SOUTH LAKE TAHOE -JUNE 21-22,2001. Information only. WATER EDUCATION FOUNDATION, THE BAY DELTA TOUR, SACRAMENTO, CA.- JUNE 27 -29, 2001. Information only. WATER EDUCATION FOUNDATION, 2001 UPDATE ON WATER LAW & POLICY, HYATT REGENCY ISLANDIA HOTEL, SAN DIEGO, CA. - JULY 19 -20, 2001. Information only. CLOSED SESSION M /S /C (Good in- Negrete) that the meeting adjourn to Closed Session. The Board entered into closed session at 3:35 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION M /S /C (Wilson- Goodin) that the meeting adjourn to regular session. 5 MINUTES: 05/14/01 so ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:47 p.m. ADJOURN The meeting was adjourned at 3:47 p.m. GI nn R. Lightfootot, Prey 00 I E MINUTES: 05/14/01 May 14, 2001 awlb�To: The EVWD Board of Directors and Managers. From: Demetrios Vassilakos 6380 Denair Ave. Highland, CA 92346 Tel # (909) 864 3805 Subject: Appeal to the Board to redo the Backflow Prevention ordinance revision in the proper way On January 24, 2000, you announced a decision to appoint an ad -hoc citizens advisory committee to study, research, and advise you on updating the Backflow Prevention Requirements and associated program. On the same day you appointed me as a member of that committee. On April 12, 2000, I received a call from the Board's Administrative Assistant Ms. Mary Wallace to attend a meeting at the EVWD board room on the next day. On April 13, 2000, I attended the meeting. After a discussion of some BPD appearance and safety concerns brought about by a representative of the city of Highland, I presented a paper titled "GUIDELINES FOR REVISING THE EVWD ORDINANCES" in the areas related to BPD's. / I emphasized in that presentation that we should not discriminate against any class of people, such as rich or ,,,aoor, homeowners or renters. I concluded my presentation by stating the objective of revising the EVWD ordinances so that they are up to date and fair to all water consumers. The revisions should be consistent with the latest experience data and effective towards producing the highest water quality. The rest of the meeting that day addressed costs and pricing issues related to water and sewer services. After that day I called several times inquiring about meetings related to the backflow related program. Every time I was told that every body was busy with higher priority ( than BP) work. In February 2001 my wife and I noticed the EVWD Notice of Public Hearing but it appeared to both of us that it was about fees and charges for water and sewer services; the "backflow" program was never mentioned Then, a week ago we heard that the EVWD had published a backflow regulation revised ordinance. I am puzzled, dismayed, and unable to understand why you did the BPD ordinance revision in such a stealthy way. I appeal to you to reconsider and redo the backflow ordinance revision by convening the ad -hoc committee as you promised on 01/24/00 and getting a recommendations report from them. Any Public Hearing Notices should be explicit asking for comments on the backflow prevention program requirements. Thank you. Sincerely, �l asy� , e4�� %vo emetrios Vassilakos. DEL ROSA NEIGHBORHOOD IMPROVEMENT ASSOCIATION do U. Leder, 16104 Rock yriver Lane, Cerritos, C A 90703 W Together for S u cc ess. %R NOTES FOR EVWD MEETING OF 5114/01 -- RE: CITIZEN ADVISORY COMMITTEE In January, 2000, EVWD agreed to revise and clarify its Ordinance #355 relating to backflow prevention devices (BPD'S), and to create a Citizen Advisory Committee to advise the District on it. We welcomed that development, and matched its spirit of cooperation by suspending our public effort of opposing the BPD's requirement, and looked forward to participate in a serious and substantive review of the issue. For that we formed the following objectives which would help make the revised ordinance: 1. Clear and unambiguous (reasonable protection where a need is clearly demonstrated). 2. Based on clear and unambiguous standards, surveys, and quantified assessments. 3. Be non - discriminatory and fair (same rules for similar situations). 4. Provide for Due Process procedures (notifications, surveys, remedies, appeals, etc.) 5. Comply fully with the controlling State regulations (no contradictions or deviations). Just recently however, we were surprised and dismayed to find out that EVWD ignored its own commitment to create a citizen advisory committee, and instead proceeded on its own in a stealthy and arbitrary process of revising the Ordinance. We feel bitter and deceived. EVWD proceeded behind our (and the community's) backs, effectively keeping us at bay and in the dark, while all along we believed the revision process was still on- going, and waited patiently for the Citizen Advisory Committee on BPD'S to be convened, and for our opportunity to participate and present our point of view. Such practice has no place in a democratic society - forming policies in smoke - filled -room is not acceptable in the USA of the 21st century. And surely it is not the way a public - serving agency like EVWD should act vis -a -vis the community and customers it serves. We protest that unilateral action in the strongest terms, and request that the EVWD Board of Directors take the necessary steps to rectify it by convening the Citizen Advisory Committee as promised. and eneaeine in serious and substantive discussion of the BPD's issues. Sadly, a cursory review shows the new revision achieved none of the objectives listed above. We request and expect that this document will be included in the records of this meeting, be referred to in the minutes of this meeting, and be attached to said minutes.