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Home My WebLink AboutMinutes - EVWD Board of Directors - 07/10/2001APPROVED: JULY 24.2001 EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING MINUTES JULY 10, 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, Sturgeon, Goodin, Lightfoot ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Dimitri Vassilakos, Bill Gatlin (Tom Dodson & Associates) APPROVAL OF AGENDA M /S /C (Goodin- Sturgeon) that the July 10, 2001 Agenda be approved as submitted. PUBLIC PARTICIPATION President Lightfoot declared the public participation section of the meeting open at 2:02 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF JUNE 26, 2001 BOARD MEETING MINUTES. M /S /C (Goodin- Sturgeon) that the June 26, 2001 Board Meeting Minutes be approved as submitted. DIRECTOR WILSON ABSTAINED FROM THE VOTE APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the owner of property at 6170 Blythe Ave., 6775 +r Elmwood Rd., 25608 19 St., and 7345 Rogers Ln. had paid the account and should be removed from the lien list. M /S /C (Goodin- Sturgeon) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions noted by the General Manager. DISBURSEMENTS M /S /C (Goodin- Sturgeon) that General Fund Disbursements #185470 through #185619 in the amount of $427,447.91, and Payroll Fund Disbursements #8986 through #9040 in the amount of $67,648.01 totaling $495,095.92 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING REVISION TO SECTION 9 OF DISTRICT ORDINANCE NO. 358 (BACKFLOW PROGRAM). Mr. Vassilakos presented a copy of his letter to Mr. Baliga (DOHS) regarding the regulatory requirements of Title 17 concerning Cross - connection procedures. Following a lengthy discussion, the Board directed staff to move forward with the Cross - Connection program as set forth in District Ordinance No. 358. +r M /S /C (Sturgeon - Wilson) that staff move forward and begin enforcing the existing Ordinance. PUBLIC HEARING TO CONSIDER ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE EAST HIGHLANDS RANCH WATER FACILITIES IMPROVEMENTS. M /S /C (Wilson - Negrete) that the Public Hearing Section of the Board Meeting be opened. President Lightfoot declared the Public Hearing Section for the purpose of considering and adopting a Negative Declaration and Monitoring Program for the East Highlands Ranch Water Facilities Improvements open at 2:50 p.m. Bill Gatlin (Tom Dodson & Associates) stated that two comment letters had been received regarding issues already addressed in the initial study and that copies of those have been included in the Initial Study. There being no further written or verbal comments, the General Manager recommended that the Public Hearing Section be closed. vim 2 Minutes:July 10, 2001 M /S /C (Wilson - Negrete) that the Public Hearing Section of the Board Meeting be closed at 2:52 p.m. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE EAST HIGHLANDS RANCH WATER FACILITIES IMPROVEMENTS. M /S /C (Sturgeon - Negrete) that the Mitigated Negative Declaration; Mitigation Monitoring and Reporting Program be adopted; and File the Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors and the State Office of Planning and Research, State Clearinghouse. REVISIONS TO LEASE AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (RDA) AND THE EAST VALLEY WATER DISTRICT (EVWD) was presented to the Board for approval. M /S /C (Wilson- Sturgeon) that the Lease Agreement between RDA and EVWD be re- confirmed with proposed revisions. PROPERTY EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND EAST VALLEY WATER DISTRICT was presented to the Board for approval. M /S /C (Goodin- Sturgeon) that the Property Exchange Agreement between the %No City of San Bernardino Municipal Water Department and East Valley Water District be approved with the flexibility to modify the scope of the easement document as required. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that we are still awaiting confirmation of the EPA Assistant Administrator of Water. Information only. DIRECTOR'S FEES AND EXPENSES FOR JUNE 2001 were presented to the Board for approval. M /S /C (Sturgeon - Negrete) that the Director's fees and expenses for June 2001 be approved. CLAIM FOR DAMAGES AT 28516 TERRACE, HIGHLAND, BY JAMES AND SUE MOLLER. M /S /C (Sturgeon - Negrete) that the claim for damages by James and Sue Moller at 28516 Terrace in the City of Highland be denied and referred to District's Legal Counsel and Insurance Agency. 3 Minutes0uly 10, 2001 JUNE 22 - JULY 2, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. err List of liens released on June 22 - July 2, 2001 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that he and Director Wilson would be traveling to Washington D.C. next week for continuing support of the Radon and FERC issues; that an offer from BBMWD had been received to support the District's lobbying activity in the FERC issue. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Negrete commented on the SBVMWD meeting which he had attended last week and the ongoing issues, as well as the current issues, of the Lakes and Streams Project. Information only. Director Wilson commented on the importance of CalFed Program and suggested consideration of support to the program by the District. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. aw CORRESPONDENCE DIRECTED TO PRESIDENT LIGHTFOOT FROM MARY SEIFERT, RESIDENT /CONSUMER AT 28429 CARRIAGE HILL DRIVE, REGARDING THE DISTRICT'S BILLING PROCEDURES. President Lightfoot directed staff to prepare a response to Ms. Seifert. Information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE "BUSINESS AFTER HOURS" - JULY 26, 2001, INLAND EMPIRE JOB CORPS CENTER, 3173 KERRY STREET, SAN BERNARDINO, CA. Information only. ASBCSD MEMBERSHIP MEETING — JULY 16, 2001, SIERRA LAKES COUNTRY CLUB, 16600 CLUBHOUSE DRIVE, FONTANA, CA. Information only. CLOSED SESSION M /S /C (Wilson - Negrete) that the meeting adjourn to Closed Session. The. Board entered into session at 3:30 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. 4 Minutes0uly 10, 2001 ADJOURN TO REGULAR SESSION M /S /C (Negrete- Wilson) that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:35 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except to authorize the General Manager to send out a letter regarding the Gibson Site, which he had presented to the Board in Draft form, to Assemblyman William Leonard. ADJOURN The meeting was adjourned at 3:37 p.m. GI nn R. Lightfoot, President f Robert E. Martin, Secretary 5 Minutes:July 10, 2001 w ADDENDUM TO ITEM 6: Discussion and possible action regarding revision to section 9 OF DISTRICT ORDINANCE NO. 358 (CROSS CONNECTION CONTROL). The General Manager presented to the Board a copy of a letter dated June 28, 2001, from Kalyanpur Y. Baliga, Senior Sanitary Engineer for the Drinking Water Field Operations Branch of the State of California Department of Health Services. Demetrios Vassilakos presented to the Board a copy of a response letter to Dr. Baliga dated July 5, 2001. A lengthy discussion ensued during which Mr. Vassilakos requested clarification on the manner in which Section 9.06.02 of Ordinance No. 358 (which lists those "typical facilities where the District requires the installation of approved backflow prevention assemblies ") will be applied. Legal Counsel Kennedy stated that the facilities identified in Section 9.06.02 were intended to be "typical" - but not exhaustive - of the kinds of systems that would be subject to the requirement of installation of a backflow prevention device. Construction of Ordinance No. 358 must be sufficiently flexible to enable the District to address the myriad of potential problems that would trigger the District's legal obligation to "protect the public water supply from contamination' as am required by Section 7584 of the California Code of Regulations. However, Section 9.05 of Ordinance No. 358 expressly provides that any determination by the District concerning the necessity of a backflow prevention device must be supported by written notice thereof to the affected customer. It the customer disagrees with said determination, he or she may exercise the complaint procedure set forth in Section 11 of Ordinance No. 358, the utilization of which would operate to shift the burden of proof to the aggrieved party to support said complaint. At the conclusion of the discussion, the Board directed District staff to continue to move forward with the implementation of the Cross - Connection Control Program set forth in Ordinance No. 358 duly adopted by the Board on April 9, 2001. ■w 6 Minutes:July 10, 2001