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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 04/23/2002 East Va ey Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING April 23, 2002 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for April 9, 2002. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Review and accept Financial Statements for the period ended March 31, 2002. 6. Accounts Payable Disbursements: Accounts Payable Checks #188674 through #188840 were distributed April 1, 2002 through April 11, 2002 in the amount of $1,308,211.58. Payroll Checks were distributed April 12, 2002 in the amount of $76,613.08. Total Disbursements for the period were $1,384,824.66. REPORTS 7. April 16, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 8. Oral Comments from Board of Directors. CORRESPONDENCE 9. Correspondence from the Metropolitan Water District regarding Dewayne Cargill, et al, v. Metropolitan Water District of Southern Ca., et al. MEETINGS 10. WRI QUARTERLY BREAKFAST, "STORM WATER REGULATIONS-MUNICIPAL NPDES PERMITS", MAY 1, 2002, San Bernardino Hilton. CLOSED SESSION 11. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Potential Case ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT APRIL 9, 2002 REGULAR BOARD MEETING MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Director Wilson led the flag salute. PRESENT: Directors Lightfoot, Sturgeon, Negrete, Wilson, Goodin ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Eileen Bateman, Administrative Secretary LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews APPROVAL OF AGENDA Legal Counsel requested that the following Closed Session Item 24. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Potential Case be added to the Agenda as the need to add the item arose aRer the Agenda was posted: M/S/C (Sturgeon-Wilson) and unarfimously approved that the April 9, 2002 Agenda be approved with the revision recommended by Legal Counsel. PUBLIC PARTICIPATION President Goodin 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 MARCH 26, 2002 BOARD MEETING MINUTES. M/S/C (Wilson-Lightfoot) that the March 26, 2002 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M/S/C (Wilson-Lightfoot) that the liens for delinquent water and sewer accounts be approved as submitted. RESOLUTION 2002.13 - NOTICE OF COMPLETION FOR EQUIPMENT INSTALLATION OF BOOSTER STATION AND WELL PIYMP FOR PLANT 142 LOCATED AT 7695 VISTA RIO IN THE CITY OF HIGH-LAND was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that Resolution 2002.13 be approved. RESOLUTION 2002.14 -EXECUTION OF A GRANT OF EASEMENT FROM EAST HIGHLANDS RANCH MASTER HOMEOVC~IERS ASSOCIATION was presented to the Board for approval. M/S/C 07v'ilson-Lightfoot) that Resolution 2002.14 be approved. RESOLUTION 2002.15 - DEDICATION OF SEWERS V~[THIN TRACT 15956-1 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that Resolution 2002.15 be approved. RESOLUTION 2002.16 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15956-1 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that Resolution 2002.16 be approved. RESOLUTION 2002.17 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15956 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that Resolution 2002.17 be approved. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED FEBRUARY 28, 2002. M/S/C (Wilson-Lightfoot) that the Financial Statements for the period ended February 28, 2002 be accepted. 2 M INUTES:04/09/02 DISBURSEMENTS M/S/C (Wilson-Lightfoot) that Ganeral Fund Disbursements #188510 through 188673 in the amount of $406,478.74 and Payroll Checks distributed March 29, 2002 in the amount of $83,529.88 totaling $490,008.62 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that AWWA and Rural Water Association had endorsed the District's approach on the Radon Rule. Information only. DIRECTOR'S FEES AND EXPENSES FOR MARCH 2002 were presented to the Board for approval. M/S/C CNegrete-Lightfoot) that the Director's fees and expenses for March 2002 be approved. APRIL 1, 2002 - RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on April 1, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; reported on the Perchlorate Research effort to date; that the drain line to test pump Well #9 will soon be on line; commented on the success of the District tour; that a tour of the yard at Eastern MWD has been scheduled for April 16th. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Lightfoot stated that the Parking lot on Highland Ave. was chained shut; that he had some suggestions for the Highland Harvest Festival next year. Information only. Director Negrete stated that the Highland Harvest Festival went well and appreciated staff's help. Information only. Director Goodin expressed his gratitude for staff's help with the District Tour and the Highland Harvest Festival. Information only. MINUTES:04/09/02 Director Wilson stated that he had attended the Upper Santa Ana Water Resources Association meeting; that Congressman Lewis' office expressed thek interest in the District's Perchlorate effort; that he had represented the District as their alternate at the LAFCO meeting on April 8th. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE FROM MS. GALIT RYAN, P.E., MARKETING MANAGER FOR DYK, IN REFERENCE TO TItE DISTRICT'S PLANT 37 RELOCATION PROJECT. Legal Counsel stated that BBR had inquired about when ground breaking is taking place and if the contract was signed. Information only. ASBCSD MEMBERSHIP MEETING, TIlE CASTAWAY, SAN BERNARDINO, APRIL 15, 2002. Information only. UNIVERSITY OF LAVERNE - "CORPORATE ASSOCIATES SPRING LECTURE & LUNCHEON". SHERATON SUITES FAIRPLEX, POMONA CA, APRIl. 24, 2002. Information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE "BUSINESS AFTER HOURS" HOSTED BY GARNER HOLT PRODUCTIONS, INC., APRIL 25, 2002, 825 COOLEY AVE., SAN BERNARDINO. Information only. WATER EDUCATION FOUNDATION "THE CENTRAL VALLEY TOUR", MAY 22- 24, 2002, SACRAMENTO, CA. Information only. CLOSED SESSION M/S/C (Lightfoot-Negrete) that the meeting adjourn to Closed Session. The Board entered into Closed Session at 2:30 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items hsted on, and added to, the Agenda. ADJOURN TO REGULAR SESSION President Goodin declared that the meeting adjourn to regular session. 4 MINUTES:04/09/02 ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:03 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except: With respect to Item Agenda Item No. 23, the Board authorized General Counsel to file a Notice of Intent to appear with the State Water Resources Control Board, and to indicate at the pre- heating conference the District's willingness to stipulate to the Administrative Record. No other reportable action was taken. ADJOURN The meeting was adjourned at 3:04 p.m. Donald D. Goodin, President Robert E. Martin, Secretary 5 MINUTES:04/09/02 CERTIFICATE OF LIEN APRIL 23, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 004-2585-0* $49.53 2. 015-0176-8' $130.22 3. 017-0'184-2' $33.13 4. 019-2306-'1' $52.88 02 -017 -5' 6. 044-0217-0' '~1~ $59.53 7. 053-0149-2' $55.53 8. 061-0048-2 $56.09 9. 064-0139-0 $29.97 10. 072-0251-2' $49.98 '11. 084-1173-1 $53.55 12. 092-0038-9* $55.42 13. 103-0030-2' $131.04 '14. '1'12-0305-2 $84.22 15. '161-0264-2' $'117.08 '16. t63-0453-'1 $35.36 17. '165-0026-1 $244.38 TOTAL ~ $'1,276.65 * STILL OWNS PROPERTY iZI?,/~ + MULTIPLE UNITS Page 1 of 1 V * ey Wat 'r Di i East sir ct Pr.,d.t George E. "Skip" Wilson Vice President 1155 Del Rosa Avenue,, RD. Box 3427 Glenn R. Lightfoot Director San Bernardino, California 92413 Kip E. Sturgeon (909) 889-9501 Director Edward S. Negrete Director Robert E. Martin General Manager Brian W. Tompkins Chief Financial Officer Paul R. Dolter District Engineer April18,2002 The accompanying financial statements for the period ended March 31, 2002, have been prepared solely by the staff of the East Valley Water District and have not been audited, reviewed, or compiled by an independent certified public accountant. Management has elected to omit substantially all of the disclosures and the statement of cash flows required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the District's financial position, results of operations and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 East Valley Water District Balance Sheet March 31, 2002 ASSETS Utility plant in service - water department $66,809,723.99 Utility plant in service - sewer department 19,554,869.80 86,364,593.79 Less: Accumulated depreciation (27~446~216.96) 58,918,376.83 Construction in progress 6,064~858.25 64~983~235.08 Water department-bond funds-cash in bank Certificate of Participation reserved funds - cash in bank Reserved funds - designations - cash in bank %426~960.33 Cash on hand and in banks ,~7, 12,613,265.18 Less: Cash restricted 7,426~960.33 5,186,304.85 Accounts receivable (net of allowance) 817,743.01 Other receivables (net of allowance) 149,740.00 Inventory 742,983.25 Prepaid expenses 194~680.18 14,518~411.62 Bond discount and incidental bond expenses 29,590.18 Deferred financing charges 451,795.39 481,385.57 TOTAL ASSETS $87,409~992.60 East Valley Water District Balance Sheet March 31, 2002 LIABILITIES AND EQUITY Certificates of Participation due aider one year $14,949,47 l. 03 Less: Deferred amount on refunding of Certificates of Participatiun (810,152.75) 14~ 139~318.28 Accounts Payable 1,496,412.58 Accrued payroll and benefits ~,~k//vacabzt~ 341,470.46 Customer service deposits 1,037,313.29 Deferred Rental Income 55,833.00 Accrued interest payable 6,474.74 Deposits - refundable 210,660.09 Certificates of Participation due within one year 1~726~266.00 4~874~430.16 ~.~ TOTAL LIABILITIES 19~013~748.44 Contributed capital: Invested in utility plant 23,113,858.57 Other contributed capital 3,665,614.18 Retained earnings: Reserved for water bond funds 6,475.00 Reserved for emergencies ~.,l~'t:¥"t"t% , , . Reserved for unemployment insurance 16,450.00 Fund Balance 37,526,518.67 Net Income for current year 2,522~327.74 TOTAL EQUITY 68,396,244.46 TOTAL LIABILITIES AND EQUITY $87~409~992.60 ooooooooooooooooooooooooooo ~ooooooooooooo East Va'l ey Water District TO: BOARD OF DIRECTORS FROM: BRIAN W. TOMPKINS / CHIEF FINANCIAL OFFICER SUBJECT: DISBURSEMENTS DURING THE PERIOD APRIL 01, 2002 THROUGH APRIL 11, 2002 CHECK NUMBERS 188674 THROUGH 188840 IN THE AMOUNT OF $ 1,308,211.58 WERE ISSUED. ~ PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $76,613.08 ON APRIL 12, 2002. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $ 1,384,824.66. ~ ~ ~ ~ ~ ¢ o ooo oooo o oooo z z ~ ~ g o m ~ RELEASES OF LIEN APRIL 16, 2002 ~ ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 036-0010-2 90.75 2. 041-1206..4 86.55 3. 044-0146-0 646.07 4. 044-0147-0 65.56 5. 053-0052-0 61.14. 6. 063-0073-0 84.15 7. 073-0088-5 43.58 8. 073-0089-8 112.61 9. 081-0220-3 99.48. ~10. 094-0132-2 109.50 11. 094-0189-2 30.38~ 12. 101-0144-1 12.87' 13. 112-0017-5 75.421 14. 112-0124-1 68.82: 15. 113-0263-9 29.911 16. 165-0026-1 244.38 TOTAL ~ $1,861.17 +PAID THROUGH TAX ROLLS Page 1 of 1 IlllllVl] METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Office of the General Counsel April 10, 2002 Dear Sir/Madam: Re: Dewayne Cargill, et aL v. Metropolitan Water District of Southern Ca., et al. We are writing once again to solicit your support of Metropolitan in the Cargill lawsuit. As you may recall, Cargill raises an issue of great importance to public agencies statewide - whether employees of private temporary staffing and consulting firms who provide needed services to a public agency on a contract basis but who are not hired through a merit selection system are eligible for enrollment in CalPERS. As we have previously reported, the Supreme Court granted Metropolitan's Petition for Review. The Supreme Court's action effectively de-publishes the Court of Appeal decision, which held that so-called "common law employees" - including employees of private temporm3, staffing and consulting fn'ms - must be enrolled in Call)ERS. Thus, the Appellate Court decision no longer serves as binding precedent. The support Metropolitan received for its Petition for Review from public agencies throughout the state undoubtedly played a significant role in the Supreme Court's decision to grant review. In addition to the letters of support filed by over fifty individual public agencies, Metropolitan received letters of support from the following associations: Association of California Water Agencies (440 cities and special district water agencies); California Association of Sanitation Agencies (92 local public agencies); California Special Districts Association (550 independent special districts); Education Legal Alliance of the California School Boards Association (800 public school districts and county offices of education); League of Cities (476 California cities); and State Water Contractors (27 public water agencies). In total, over 2,500 public agencies collectively demonstrated their support for Metmpolitan's position. To continue this momentum, we strongly encourage your agency to support Metropolitan once again by participating in the final amicus effort direct to the Supreme Court. As of this date, the following public agencies/associations have offered to file an amicus brief on Metropolitan's behalf: League of California Cities, California Special District's Association, and The County of Los Angeles. The League of California Cities has offered to allow other public agencies to join its amicus brief. Your agency can directly participate in the amicus effort by 700 N. Alameda Street, Los Angeles, California 90012 ,, Mailing address: Box 54153, Los Angeles, California 90054-0153 · Telephone (213) 217-6000 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALiFORNIA Page 2 April 10, 2002 executing an authorization to sign onto the brief being prepared by the League. Alternatively, your agency can file a brief of its own. The League has requested that you direct any requests or questions you may have about participating in the League's amicus brief to outside counsel, rather than the League's office. For further information on how your agency can participate in the League's amicus effort, please contact Gregory Bergman, Daphne Armeet or Mark Waterman by telephone at (310) 470-6110 or via e-mail at gbergman@bergmandacey.com. Metropolitan filed its opening brief on March 25, 2002. A copy of the brief is enclosed for your review. Under the current Supreme Court briefing schedule, the Cargill plaintiffs must respond to Metropolitan's opening brief by April 24, 2002, and amicus briefs will be due on June 13, 2002. However, it is likely the Cargill plaintiffs will obtain an extension of time to file their brief, thereby likely extending the deadline for amicus briefs to sometime in July 2002. Thank you once again. Should you need additional information on the Cargill case or future updates, please contact Deputy General Counsel Henry Torres of my staff at (213) 217-6843 or via e-mail at htorres~mwdh2o.com. Sincerely, General Counsel HT:gy Enclosure Water Resources Issues Quarterly Breakfast "STORM WATER REGULATIONS - MUNICIPAL NPDES PERMITS". Guest Speaker: Mark Smythe Chief, Coastal Storm Water Unit, Santa Ana RWQCB Wednesday, May 1, 2002, 7:30 a.m. to 9:00 a.m. Hilton Hotel 285 E. Hospitality Lane, San Bernardino, CA 92408 Co-Hosted By SBV WATER CONSERVATION DISTRICT And THE WATER RESOURCES INSTITUTE Callforrfla State University If you would like to attend, please RSVP by Friday, April 26, 2002. Complete the registration information below. Clip and mail with check for $13.00 made payable to Water Resources Institute and send to 5500 University Parkway, PL-401, San Bernardino, CA 92407. For more information, please call Linda McCullough at (909) 880-7681. Name Address City. State. Zip. Phone Fax Email Number of Attendees Amount Enclosed $. __ Check Enclosed __ Credit Card Payment Visa MasterCard Expiration date Card Number F,ROM : HICKS RICH~RDSOH ASS~CIP~'ES FAX HO. : T~J 86G 49~8 Apr. ~ ~02 09:23DM Pi No later than 180 days after the enactment of this act: (1) ~e EPA shall sot a single ~ ~ng w~ st~d~d e~isring l~g~ ~on~s reduce the he~ ~H be ~t ~ 4,~0 ~; ~d (3~f such legfl au~ofi~ does n~t c~ntly ~i~t to ~pl~ear ~s s~gle s~d~ approa~, ~en ~A sh~l s~b~t ~ ~e Con~ess a le~slafive pmpos~ for st~d~ will be v