Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet - EVWD Board of Directors - 11/12/2002
• East Valley Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING November 12, 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 October 29, 2002. 4. Approval of Board Workshop Minutes for November 6, 2002. 5. Approval of Liens for Delinquent Water and Sewer Accounts. 6. Resolution 2002.48 — Accept Conveyance of a 24 -Foot Non - exclusive Easement from Trimark- Pacific East Highlands, LLC within Tract 15985 -2 in the City of Highland. 7. Resolution 2002.49 — Accept Conveyance of a 20 -Foot and 22 -Foot Non - exclusive Easement from Trimark- Pacific Fast Highlands, LLC within Tract 15985 -2 in the City of Highland. 8. Accounts Payable Disbursements: Accounts Payable Checks #191095 through #191237 were distributed October 25, 2002 through November 6, 2002 in the amount of $1,289,124.48. Payroll Checks for period ended November 8, 2002 and included checks and direct deposits in the amount of $84,703.03. Total Disbursements for the period were $1,373,827.51. OLD BUSINESS 9. Radon Rule Update (General Manager) 10. Discussion and possible action regarding options to the City of Highland for the location of the new District Headquarters and related facilities. NEW BUSINESS 1 1. Discussion and possible action regarding the District's property on Highland Avenue. 12. Resolution 2002.47 — Recognition of Gordon C. Grant's Twenty -Five (25) Years of Service. 13. Discussion and possible action regarding the Federal Mileage Rate for 2003. REPORTS 14. Directors fees and expenses for October 2002. 15. November 6, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 16. Investment Report for Quarter ended September 30, 2002. 17. General Manager's Report. 18. Oral Comments from Board of Directors. CORRESPONDENCE 19. Correspondence from Ron Pistoresi, Board President of the Madera Irrigation District, to AC WA members regarding Proposition 50. MF.F.TINGS 20. ASBCSD Membership Meeting hosted by Mojave Water Agency at the Green Tree Inn, Victorville, CA., November 18, 2002. 21. San Bernardino Area Chamber of Commerce "Business After Hours" hosted by J.R. Freeman, 123 South D Street, San Bernardino, CA., November 21, 2002. CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One (1) Potential Case 23. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code Section 54956.9(a)] Name of Case: In re Rodney Harmon United States Bankruptcy Court Case No. RS02- 27659DN. ANNOUNCEMENT OF CLOSED SESSION ACTION ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING OCTOBER 29, 2002 MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Robert Martin led the flag salute. PRESENT: Directors Lightfoot, Negrete, Wilson, Goodin ABSENT: Director Sturgeon STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews APPROVAL OF AGENDA M/S/C (Lightfoot-Negrete) that the October 29, 2002 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 2:02 p.m. The General Manager presented a note received at the District from a consumer, Ralph E. Vieth. The Board suggested that Mr. Vieth's note could be considered a threat and directed staffto advise authorities of the incident. Information only. There being no further written or verbal comments, the public participation section was closed. APPROVAL OF October 8, 2002 BOARD MEETING MINUTES. President Goodin stated that the title on the signature block for Donald D. Goodin should specify President, net Vice-President. M/S/C (Lightfoot-Wilson) that the October 8, 2002 Board Meeting Minutes be approved with correction as noted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Account Numbers: 0040097-03, 0240048-03, 0930310-05, 1010124-05, 1210604-01, and 1530474-02 had been paid and should be removed from the lien list. M/S/C (Lightfoot-Wilson) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the General Manager. DEVELOPMENT AGREEMENT BETVVEEN EAST VALLEY WATER DISTRICT AND NEW SOLUTIONS TO PROVIDE DOMESTIC SEWER SERVICE TO EIGHT (8) DWELLING UNITS LOCATED ON BURNS LANE, WEST OF SEVILLE AND EAST OF QUAIL RUN, IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that the Development Agreement between East Valley Water District and New Solutions be approved. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED SEPTEMBER 30, 2002. M/SIC (Lightfoot-Wilson) that the Financial Statements for the period ended September 30, 2002 be accepted as submitted. DISBURSEMENTS M/S/C (Lightfoot-Wilson) that General Fund Disbursements #190867 through #191094 distributed during the period of October 4, 2002 through October 24, 2002 in the amount of $1,040,428.24 and Payroll Fund Disbursements for period ended October 11, 2002 and October 25, 2002 in the amount of $82,763.90 and $91,035.58 totaling $1,214,227.72 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that the language submitted for the Radon Rule had been included in the VA-HUD Bill and that the Rule would now proceed to the next step. information only. MQqUTES: OCTOBER 29, 2002 DISCUSSION AND POSSIBLE ACTION REGARDING OPTIONS TO THE CITY OF HIGHLAND FOR THE LOCATION OF THE NEW DISTRICT HEADQUARTERS AND RELATED FACILITIES. The Board requested that a workshop to discuss the site of the new District Headquarters be scheduled prior to the Board Meeting on November 12th and that the item be deferred to the November 12, 2002 Board Meeting for action. Information only. RESOLUTION 2002.44 - AUTHORIZE EXECUTION OF A QUITCLAIM DEED TO CENTEX HOMES WITHIN LOT "A" OF TRACT NO. 15825 was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that Resolution 2002.44 be approved. RESOLUTION 2002.45 - AUTHORIZE EXECUTION OF A QUITCLAIM DEED TO CENTEX HOMES WITHIN LOT 29 OF TRACT NO. 15954 was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that Resolution 2002,45 be approved. RESOLUTION 2002.46 - AUTHORIZE EXECUTION OF A QUITCLAIM DEED TO RANCHO SAN ANDREAS COMPANY was presented to the Board for approval. M/S/C (Negrete-Lightfoot) that Resolution 2002.46 be approved. OCTOBER 24, 2002 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS, List of liens released on October 24, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that he had attended an Upper Santa Ana meeting wherein the estimated energy costs for supplemental water for 2003 were discussed; that a successful Perchlorete Conference had occurred, spearheaded by the efforts of Ms. Jo McAndrews; that he would be bringing a proposal and presentation to the full Board regarding a process to significantly lower Nitrate levels thus enabling the District's "Cull" wells to be placed back on-line; that Distdct employees, Gary Sturdivan and Dave Hernandez, had just returned from Streator, Illinois where they toured the factory where sewer equipment is manufactured, took possession of the District's new sewer "Vactor", and drove it back to District headquarters; that a request had been received from ASBCSD to host a membership meeting on January 20, 2003. Information only. 3 MINUTES: OCTOBER 29, 2002 ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Lightfoot stated that he had been impressed with the location of the Perchlorate Conference and commended Ms. McAndrews for its success. Information only. Director Negrete reiterated Director Lightfoot comments and suggested that the District needs to stay within the "Pemhlorate Loop". Information only. Director Wilson stated that he would be a speaker at the 3rd Annual Water Resources Institute Conference at the Double Tree Hotel in Ontario on Friday, November 8, 2002. Information only. Director Goodin stated that he too was impressed with the success of the Perchlorate Conference, commended Ms McAndrews as well as District Staff; that he had received names from Administration of each individual employee who contributed to the success of the conference and had thanked each employee personally. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. A SPECIAL DISTRICT INSTITUTE SEMINAR, EMBASSY SUITES, MONTEREY, CA. FEBRUARY 27-28, 2003. Information only. ADJOURN The meeting was adjourned at 3:00 p.m. until the next regularly scheduled Board Meeting on November 12, 2003 Donald D. Goodin, Board President Robert E. Martin, Board Secretary 4 MINUTES: OCTOBER 29, 2002 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SPECIAL MEETING NOVEMBER 6, 2002 (BOARD WORKSHOP) MINUTES The Special Meeting (Board Workshop) was called to order at 10:00 a.m. by President Goodin. President Goodin led the flag salute. PRESENT: Directors: Wilson, Goodin, Sturgeon, Lightfoot, Negrete ABSENT: None STAFF: Bob Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant PUBLIC PARTICIPATION There being no written or verbal comments, President Goodin closed the public participation section of the meeting closed at 10:02 a.m. OPTIONS FOR THE LOCATION OF NEW DISTRICT HEADQUARTERS AND RELATED FACILITIES The item listed on the Agenda was discussed at length with no reportable action being taken. Information only. The meeting was adjourned at 11:05 a.m. until the next regularly scheduled Board Meeting on November 12, 2002. Donald D. Goodin, President Robert E. Martin, Secretary 11/06/02 MI~UJTES for WORKSHOP CERTIFICATE OF LIEN NOVEMBER 12, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0040023-02' $18.63 2. 0150122-05* $338.59~1, 3. 0170188-00 $59.90 4. 0170250-06 $261.52 5. 0191642-01' $40,94 6. 0191642-01 $155.42 7. 0420179-03* $174.52~{, 8. 0541543'00* $75.09 9. 0541543-00 $102.29 10. 0620123'02+ $295.55 11. 0620131'02+ $93.11 V 12. 0730228'06 $54.59 13. 0820220-01' $28.52 14. 1120131-06 $61.11 TOTAL $1,759.78 * STILL OWNS PROPERTY ~ + MULTIPLE UNITS Page I of 1 RESOLUTION 2002.48 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Non-exclusive Easement from Trimark-Pacific East Highlands, LLC, a California limited liability company, As Grantor in Exhibit "A" and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real Property Located In The City Of San Bernardino, County Of San Bernardino, State Of California. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Non-Exclusive Easement dated November 7, 2002, and signed by Stephen E. Hester, Vice President for Trimark Pacific East Highlands, a California limited liability company as grantor (s) grants to the East Valley Water District, its successors and assigns a Conveyance of Non-exclusive Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on behalf of said Water Company. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Non-exclusive Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on November 12, 2002. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President ATTEST: Robert E. Martin, Board Secretary Tract 15985-:2 ,Job No. W2212 jw 11/7/02 R~ori Request of and Mail East Valley Water D/strict P. O. Box San Bemardlno, CA 92413 Trimatk Pacific-East Highla~ch, LLC, a California limited liability compsny, as Onmtor(s), for ~luable consiticratlon, re~ipt of which is hereby ackllowlexlgt~ dots hereby ~'ant, bargain, sell a~td ~ollvey to the ERST V.~LLIr/W AI'L~ DI~IltlCT, a County W~ter Dislri~ ~ successors a~d a~slgns, a~ Grantee, a no~-exclusive easement for the fight to constr~ct, use, maintain, alter, ad~ to, Tepait, replace and]or r~Ove pipeliu~ toge~he, r with all necessary apptt~eaaaces over, under, through and ac'ross ~be real property loca~d ia the County nf San B~na~dino, 8tat~ of California, dcscrlbed as follow,a: See Exhibit ~A" atlaclted hereto and made a part hereof Or/rotor(s) fu~het a~ee.~ to notify EAST ~/ALLEY WA~ DIs~ of ~y ~e ~c a~ss ~id ~cn~ ~d to ~r~ie ~ W~ss W~O~, ~e ~r(s) Ms cxe~t~ ~is in~t ~is ~ . d~y of DaIed .... Trimark Pacific-East Highlands, a Cal/fom/a limited liability company by:. TPH, LLC, a Ca]ifomia limited liability company, Its Member Msnagcr By: Tdmark Ven~tr~s, Inc~, a California corporat/on, Its Member S TA'i~ OF CALIFOI~EA ) ) COUNTY OF ) B~ On si~aure(s) on tho iv_~rummt ~e lXrioa(s), o~ ~e ~'~i~7 upon b~balf of wt~.~ "~.c pe~on(s) acted, ~e.c~ed tb~ i~emaem. W~'Ff~ESS myh.~d ~ud ofl/ci~ scat NUV-UB-~UUZ WED U~:~d Y~ LUPNZ~ ~N~I~.~EIN~ Y~b~ mU. ~u~u~ r, u~ 24' WIDE E.V.W.D. NON-EXCLUSIVE EA$ EIVlL~NT Beb~g all of Lo*. 'Il', Tract 1 $9g~-2 in tim City of Hlghl~md, County o f San B ernard/no, State of Callfor~ia, as p=r plat reco.,d~l/~ Book =, Pages --.----- through _.___._, ~lusiv0, records of ssfd County, Beginnin~ at ih= most ~est~rJ.v comer oFL~ I { 2 ofs~d Tract; ~encc Souflt 46'45'28" Wa~ along the Sou~c~terly line beg~nl~g ora non~gen~ ~e concave No~iy, b~g a r~diu~ of g 17.00 f~ from which ~ ~dial Ibc ofs~/d c~w~ bears Nosh 60~14'28" ~E Sou~w~tor~ e~e~ion of ~e No~h~t~ly line ~ L~ 111 of ~dd ~act; po~t ~ ~C ~ght of Way }[uc of Evaus ~ne, said ~int b~]~ ~e beg~ng of · non-~g~: ~ con.ye ~ol~c~terly l~ng a mdi~ of 65.00 f~ ~ which a mdi~ line of ~ald ~e b~s Wo~ ~7a~8'20'' ~L '1~ ~o~w~Tiy along szid c~tve ~d s~d ~ght of Way ~rough a ~ ~gle of 2l°I 7'00% ~ ~c dlslan~e of 24,15 f~ m ~ ~UE PO~T OF B~G~G. 113 TRACT 15985-2 M.B. / '--- 112 111 110 ~_I~EJ'~EA .R i~? D'ISTAN~'~ Faa '~' ~"~ "' ~o~. ~s-" ~-~ ~. [~URVEinADIUSl D~LTA ARC [TANGE&T 24' WIDE E.V.W,D. ' MAINTENANCE RESOLUTION 2002.49 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Non-exclusive Easement from Trimark-Pacific Eas! Highlands, LLC, a California limited liability company, As Grantor in Exhibit "A' and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real Property Located In The City Of San Bernardino, County Of San Bernardino, State Of California. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Non-Exclusive Easement dated November 7, 2002, and signed by Stephen E. Hester, Vice President for Trimark Pacific East Highlands, a California limited liability company as grantor (s) grants to the East Valley Water District, its successors and assigns a Conveyance of Non-exclusive Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on behalf of said Water Company. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Non-exclusive Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on November 12, 2002. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President ATTEST: Robert E. Martin, Board Secretary Tract 15985-2 Job No, W2212 jw 11/7/02 Record R~qucst o~ an(t Mall ~o: P. O. Box 342? S~,n B~ma~d~,o, CA. 92413 Co~¥c~ oF A 20-FOOT AND 22-FOOT NON-EXcLu~IvI~ EASElvll~r Trimark Pa¢ific-l~ast Highlands, LLC, a California limited liability company es Grantor(s), for valuable consldcr, d~x~, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and Convey to the E.~,S~' ¥~-~¥ WA~'i~ Dt s~.~cr, a County Water Dis~c~. ils succeesors and assigns, as C~mIcc, a nou-exclusive easemeat fo£ the rigllt to col~$1~'~tct, ~e, ma'm~a~u, alt~, add to, repair, replace and/or rc~ovc pipclinee together with all n~ce~sary appUrtmanc~ over. under, through and across the rca! prol~rty located in lhe Cou~ of San B~lardino, Slate of Calif.'his, descrlbcd as follov~: Sec Exhibit "A" ~ehed hereto and made a part hereof C. rantor(s) further a~rccs to notif~ F~ST V.~LLEY W^T~R DlsTl~Icr of any future u~ across said ease~nent, and to coordinate with E.~ST VAI~ WATI~, DlSi'SI~r the i~stallafion of any fi~vre fscilifie~ wi~in said eas~me~c~ by Oranior(s). I~ Wra~s Wr~p.~o~, t~e G~an~or(s) has execnied ~his iuslmment this day of ,20 Dated Trlmerk Pacific-East Highlands, a california limited V liabili~ company by: TPH, LLC, a California lbni~ed liability company, Its Member Manager by:. TIimark v~ntur~, hc., A California Corporation Its Member 5T^TIi OF CALI~O1L~IA ) County o1: Steph~ E. Hester, Vice Pr~idmt On , before mc~ ..... , evldcuce) ~ be ~e l~'sou(s) who ~sme(s) ~'~'~ s~b~cn'bed to ~ the seine ~n b.~/hc~a~ e~heri.zcd ce~e,c~ie~), and th~ by hi~cr/th~r signatures) on the h~rumeat th~ p~rson(s), or the cnti~ ~on bchelfo~ whi~ the [xxson(s) stied, ex~cu~d ti~ insu~nc~. WI'I'I~SS my hand a~d official s~al 20',~ 22' WIDI~ I~.V.W.D. NON- *I~XCLU$1V.E BASBMENTS Being a por~ioa of Lot ~iI", Tract 15985-2 in the Cit~' of IIight~nd, Count>, of SM Igemardino, Slam of Calil'omla, ~_~ plat rceordext in F/,ook . P~g~ through , ioclusiv*~ records el'sold Coun~ being moro l~arti*ularly d~¢n'~e(t aa follows: Begiunleg ut the mo~t W=stecly earner oF I.o~ 9~ of said Ti'act; Thane" ~orfl~ 67*24'55" ~st along ~o No~erly lot l~e or.id lot 03, a distmc~ of 80.00 f~ to the be~nning of a i~gent cu~o concave Southerly. having a ~ius of 39.00 fee~ ~mlcc Norflte~t~rly and ~aster~ ~onff th* No~srly Iot line of said Lot 9~, through a .corral ~g]0 of 37=~'47 dis~nc~ of 25.~9 feet; ~ncc So.It 74°50'1~" ~[ along the No~herly lot line ~f said Lo~ 93, a dismn~ of 52.45 fc~ to th* ~eginniag tangent mn~o concav~ Son~wo~.ly, having a radius of 90.00 l~me~ gast~rly, Southe~ly ~d 8ou~ly along said ~e, ~ong ~ No~efly lot line of said ~t ~ and No.westerly IOt lino or Lei ~ oFs~d ~acq ~rou~ a ~nual ~gl* of ~8'35'40", an ~e fl~me, of~,04 ~cnce Sot~th ] 6~14'38'' Ea~ ~ong the Northerly lot lines of~ts 94, g5 and 9d of said ~aer, ~ distan~* of t90,58 'II~enco North $6°54'29'' E~st, along the Southarly line of Lot "H" et'said Traet~ ~. dis~llca of23.14 f'~t to the be§inning a no~-tangcnt curve eon~avo EaSterly having a radios orS0.00 i'oet from which a mci[al lin~ of said curve boars Norlb Then~ Northwesterly and Northerly along said cra-v, d'wough a cen~'al angle of 16050'53'', an arc al{stance of 'lhoaca South 74'50'1 g" lga.~L a dlstan¢¢ of 93,7~ feet to a point in/ho Northerly boundary line of said. Tract; Thence North I~;°14'3g~ West, along said Nor~erly boundary a dlgaoc~ o1'25.78 feel; 'lhooc0 lq'orth 74°~0'1g' West, a d;stan~* of 204.?1 feet to tho boglaning ora taogen~ curve concave Southerly. having a radius ol'66.85 feet: 'l'h~'ncu Westerly and Southwesterly along said cllrvc through a ceet.,'al angle of57~44'47", ma arc distance of 44.04 feet; Thence South 67°24'$$'' W~t, a dis/anco of g 1.30 feet, to the No~ea~¢rl¥ Right of Way l~n ~ of PIeasanl: View Lane and tiv, Imgtn~ing ora tlotl-ta~gont o,,t~o ¢011c~,v¢ Southwest.fly, having a t~lius of 52~.00 feet fi'om which a radial llne bears South 57 3~)' I il" We*ii Thence Southeasterly along sald curve Ihrough a central angle of 2~25'4 l". art arc dlstanc~ of 22.25 feet. to 1he TRUE POINT aP BF~ llqN I'N'G, 2X C:L~,fyl:il~kq I',e~L~ll~ ~g Pa~l~c[Tdm.~]~ 022~ 1~o~ F,~I ]'h~ EVWD l~v~-lti~t~s~d,~ PLEASANI' ~ East Va * ey Water District ~' Board Memorandum Date: NOV. 12, 2002 From: Brian W. Tompkins / Chief Financial Offi,.cer Subject: Disbursements. ~ Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period October 25, 2002 through November 6, 2002. Background: Accounts payable checks are shown on the attached listing and include numbers 191095 to 191237 for A total of $1,289,124.48. The source of funds for this amount is as follows: COP Construction Funds $ 553,303.56 EPA Grant Funds Unrestricted Funds $ 735,820.92 Payroll disbursed was for the period ended November 8, 2002 and included checks and direct deposits, Totaling $84.703.03 Fiscal Impact: Total disbursements- $1,373,827.51. · ~ ...... ~ o oo o ~ ~ ~ ~ o ~ .~ ~ ~ ~ ~ ~ ~ o o o o o o o o ~_ o oo ~ , ~ ~ o oo o o o o o ~ o o o o ~ ~ ~ ° ~ ~ ~ ~ ~ ~ ooooo ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ o o ~ ~ ~ ~ ~ 0 0 0 0000 0 0 0 0 0 0 0 0 0 ~ ~ ~ o~ ~o oo~o ~ ~o o~ o~ ~o o~ o~ ~o o~ ~ g g o o o o o o o o g o g g o g 0 0 I]~R¥ W, ~{LLER September 23, 2002 " Robert E. Martin General Manager East Valley Water Dist, ~ ~(~ ~ P,O, Box 3427 t San Bernardino CA 92 Re: Proposal for Ne~ /~t¢¢,11~L 1/¢21 ternardino, CA A.P, No. 285-11' ~,~,G ~ ~ q'TO/~o~'1 Dear Mr. Martin: Weare pleasedtosubm ~'¢r'~) [~'~' oct. We propose to provide all services ' ~../c¢~¢-~ Exhibit A. We propose to provide thes( ached Exhibit B, We propose to perform t :ivity schedule in attached Exhibit C, Wealso include the'seduces of the consultants named our response to the RFP, These fees are as follows: Civil Engineering -. ....................................... $6,200.00 Structural Engineering ..................................... 5,000,00 Mechanical Engineering .................................... 8,900,00 Electrical Engineering ...................................... 5,800.00 If this proposal is acceptable we will sign a EVVVD contract prepared by your staff. Thank you for this opportunity to be of kervice. GWM:ph C^UFORNIA UTAH NEVADA ARIZONA 350 West Fifth Street, Suite 201 103 East Sodsl Hall Avenue 2625 Gresovelley Par~ay, Suite 225 3469 No~ Christine DC San Bemardino, c_.A 92401 Salt Lake Cit'/, UT 84111 Henderson, NV 89014 PmscottValley, kZ 863 Phone: 909/8894480 Phone: 801/386-9800 Phone: 7i32/434-9695 Phone: 8001622-9025 Fax: 909/384-9034 F~ 801/366~9801 Fax: 702/4349615 Fax: 602t772-9402 genma~l@gwma rchitecbm.co m g wrn~ia@eerthlink.net gwmarchitecture@eeLcom genma~@gwmarchitecl EAST VALLEY WATER DISTRICT · HEADQUARTERS FACILITY PAYMENT SCHEDULE EXHIBIT B Fees based on phases of work: Proje. ct information phase: $3,800,00 Bodnldary & Topographic Survey 6,500,00 Cc~e~tual Design and Conceptual Design Report 22,000.00 Val~-e Engineering (Service available at the option of the Owner)16,100.00 Consu. ltant Services (Available at the option of the Owner) 25,900,00 ~_add~Use Entitlement Processing 15,200,00 TO?~L FEE (including optional services) $89,500,00 Pa~ents for Basic services shall be made monthly and shall be in proportion to se~.~ces performed within each phase of service as describe under scope of se~es (exhibit A), P, ei~ursabie e,xpenses - All local (within a 60 mile radius) mileage and ' phod~e calls are ~nduded in the cost of basic services, Consultant's expenses for dod'u~ent reproduction, photographs, and similar expenses she be reimbursed in accordance with the fee schedule listed below. , '!~:~ Compensation for additional services, if requested, may compensated on an hourly basis in accordance with the fee schedule listed below or a fixed fee may be r~gotiated at the time of the request, pROFESS ON,~t: ~,ND TE.CHNICAL.~STAFF: Senior Principal $125.00/hour Court/Arbitration Appearance $120.00/hour Deposition $180/hour Principal $100.00 Associate $85.00/hour Senior Project Manager $70,00/hour Project Manager $65,00/hour Staff Architect $60.00/hour Contract Administrator $54.00/hour S~nior?echnician $55,00/hour Intermediate Technician $45,00 Junior'~echnician $35.001hour Admin!~trative Assistant $45.00/hour Secre~ailaVClericaVlntern $25,00/hour Archiv.e'.?,etrieval Fee $40,00 Overtime for ~h~'9.'udy personnel will be charge at the base rate of 1.5 per hour for time in excess of 8 ho~rs per weekday or for work on Saturdsys, Sundays and holidays. EXPENSES:. :~' 1. Out c~;. pocket expenses, (i,e, photo copies, film development, shipping, biuepd:~ts): cost plus 15%. 2. Repro~".u_ ction done In-house: · -~: Blueprints: $,17 per square foot ,' '.;, Sepias: $.50 per square foot Mylars: $.84 per square pdnt '..: Plotter Costs: 24 x 36 $39,00 each .30 x 42 $47.00 each Photo Copies: $.15 for 8-1/2"xl 1" or 8-1/2"x14" page 3, Mi[eag-~: $.40 per mile. 4. For work which requires overnight lodging, a per diem charge wilt be made appropriate to the area, based on actual costs. INVOICING invoices will be issued monthly and are payable within 30 alsys, unless otherwise agreed, interest of 1-1/2% per month, but not exceeding the maximum rate allowed by law, will be payable on any amounts not paid within 30 days, Payment thereafter to be applied first to accrued interest and then to the principal unpaid amount, Attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the prevailing party, EAST VALLE~ WATER DISTRICT HEADQUARTERS FACiLiTY ACTIVIn' SCHEDULE EXHIBIT C Notice to Proceed October 7~, 2002 Project Information Phase- Complete Boundary & Topographic Survey October 28 Complete Agency and Utility research October 21 District Feedback November 4 Refine findings & make final report November 11 Conceptuat Design Phase- Conceptual Site and Floor Plans options submitted to District October 28 District Feedback November 4 Refined site and floor plan concepts submitted to District November 18 District Feedback November 25 Exterior elevation concepts December 9 District Feedback December 16 Revised elevation concepts January 6, 2003 Final Design &' Estimate January 20 Board approv,~! of plans, elevations & costs February 10 Land Use Entitlemer~'i~ase - Submit applica~tions and required drawings February 24 Complete Planrting Process May 19 EAST VALLEY WATER DISTRICT HEADQUARTERS FACILITY SCOPE OF WORK Exhibit A Project Description: General - The purpose of the project is to meet the near term and plan for the long term physical facility needs of the District. It is estimated, that the department ~vill grow an additional 30 to 40% of its present staffing level. The facility will include a headquarters building to house office and public functions such as administration, management,, public board meetings, custome( service, finance, building, engineering services and systems planning. Operations and maintenance facilities expected to accommodate field personnel, parts and equipment storage, parts, repair and maintenance equipment. The consultant shall also consider means to provide natural light to the interior · offices, ways to -maximize enbCg,j efficiency, safety, public relation opportunities, screening equipment yard and the"need to gain public support for this project at this location. ' Headquarters Building- " The headquarters building m~st include space for the followihg departments and rooms: Customer Service"and Finance, Engineering Services, Production Department, Administration,.~ield Services, ComputedData Processing, Library Archiving, Document Processing/Duplicating, file storage, conference rooms, lunch rooms and a Public Areas. Customer Service and Finance shall include space for a receptionist, customer waiting, a customer service counter with appropriate security provisions, mail processing area with suffident data and power to accommodate equipment, secure vault and/or safe for cash handling and storage, offices and workstations as will be identified during the project information phase of the work. Engineering Services shall include a reception area with space for a receptionist and customer waiting, a customer service counter with sufficient counter space for laying out plans, offices and work stations as required, services for future GIS/CAD work station, fire-safe storage area for drawing archives, facilities for design and drafting. The Production Department shall include a Lab Facility for testing water quality, a SCADA system room, also offices and workstations as required. Administration shall include reception and waiting areas offices and workstations as required. For administrative staff, human resourc..es personal and public relations staff. Field Services shall include offices and workstations as determined by the information gathered during the Project Information Phase of the work. Computer/Data Processing shall include space for server, appropriate services and environment for equipment, data processing room, test bench/work area, equipment storage and workstations as required. Library/Archiving shall include adequate space and storage systems to store and access District records. Document Processing/Duplicating shall include space to accommodate existing and anticipated equipment, counters, storage as neoessar7 and sufficient power and data for the identified need. File storage shati.accommodate District files in an organized and accessible manner, Conference Rooms shall accommodate the number of people identified during the project information phase.and provide the communication technology necessary for the room to function ir) the manner identified b'y the District. The Public Area shall include a Board Room with seating for fifty people and provisions for built-in multi-media equipment, Closed Session Chambers/Conference room adjacent to the Board Room with seating for fifteen people and communication equipment as needed, public restrooms sufficient to meet the needs of the public area, an entrance and reception area clearly identified as the building entrance. This reception area shall have controlled access to other parts of the building. Courtyards and/or atriums shatl be considered and included where appropriate. Shop/Yard Facilities The Shop/Yard Facilities shati accommodate yard activities and space requirements that include but are not limited to the following: Vehicle and Equipment area shall include covered storage and parMng, maintenance and repair' garage, remote area fueling, and parts storage. The parts storage area shall include secured storage areas. Water Meter Shop shail include workstations as required, maintenance and repair area with appropriate benches, storage, power and meter-testing area. Pipeline and Appurtenances area shall include construction staging and build-up area, and a Welding shop. The Warehouse shall include workstations as required, interior storage, exterior storage and loading dock. Additional space and area needs include interior meeting and training fadiity, showers and lockers, and secure employee parking. Description of Services: Project Management - C~nsultant will provide overall project management for the District including but not limited to: Preparation of overall project schedule, design process coordination and quality control, meeting scheduling, preparation of agendas for design team meetings, maintenance and distribution of communications to team-members, assembling and organizing the product from the various team members, maintaining the project schedule. Project information - Em¢oy the design program developed in an eadier phase of the work as the basis for building design. Coordinate site research including but not limited to: Preliminary Soil Investigation, Topographic, utility and Boundary Surveys. Obtain City of San Bemardino information necessary to process ail land use approvals. Conceptua{ Design~- Using the information developed in the Project information Phase develop conceptual site and floor plans. Upon approval of conceptual site and floor plans develop exterior elevation options and submit.to District for consideration. Using the information provided by the Beard refine the exterior elevations and produce a final exterior view of ali sides of ali buildings. Conceptual Design Report.- Summarize the design team's findings in a report. Report shall include a summary of pr[mary design criteria. Design criteria shail cover each design discipline and include a preliminary cost estimate Meetings - Organize and attend with appropriate staff all meetings necessary to process the work. In addition to staff level meetings include at least 4 meetings with the Board of Directors or a Committee of the Board. Reimbursable expenses Except for 'mileage, consultant's expenses for document reproduction, photographs, and similar expenses shall be reimbursed in accordance with the attached schedule. Compensation for additional services, if requested, will be negotiated at the time of the request, a.. ~.. ~. ,.., 0 0 0 0 11~08/2002 10:48 FAI 909 384 5105 SB CIT~-COUNCIL OFFICE Ol~cg oF~ Cot,~o~ CoO~cu. ~l~:~r ]DE~or- Coc~cn.~a~, Foum W&lo November 8, 2002 Board Members East Valley Water District 1155 Del Rosa Avenue San Bernardino, CA 92410 Dc~r Board Members: i ~m writing to express my support for the construction of the new East Valley Water District Headquarters at the site located south of Patton State Hospital. The location has been vacant for many years and thc City of San Ber1~h-'dino welcomes the constrctct/on of this new facil/ty and the cconow./c advantages it can bring to thc area. As the c/tY Oounc/[man for this area, ! hope you w/U take advantage this opport~rdty. Please do not hesitate to contact me if you have any questions or require any assistance/n this matter. Com't¢ilm, Fourth RESOLUTION2002.47 ' RESOLUTION OF TI~E BOARD OF DirECTORS OF TI~I'E, EAST VALLEY WATER DISTRICT ~N RECO~NITION O~ GORDON C. GRANT'S TWENTY-FIVE YEARS OF 8ER VICE BE IT ~REBY RESOL VED, by the Board of Directors of the East Valley Water District as follows: WI~REAS, GORDON C. GRANT has been employed by the East Valley Water District since November 7,1977, and WlCI~,REAS, GORDON C. G1L4NT has, in those twenty-five years, performed in an outstanding and honorable capacity in the position of Utility Crewman, Meter Repairman, Meter Service Worker, and Meter Shop Supervisor since January 18, 1988, and W'I~I~,REAS~ the said GORDON C. GRANT has been dedicated and conscientious, and has displayed a high sense of duty, sincere interest and personal competence in the performance of his duties which have been for the benefit of all staff members and customers of the East Valley Water District, and WttEREAS, the said GORDON C. GRANT in serving the Distn'ct for twenty-five years has, through his untiring efforts, personal growth, and cooperation with staff and customers, contributed greatly to the successfzl operation of the East Valley Water District. NOW, THEREFORE, BE 1T RESOL VED~ that the Board of Directors of the East Valley Water District and each of them on behalf of the Board, staff and citizens of the District, hereby express to GORDON C. GRANT their sincere appreciation for his twenty-five years of dedicated service. BE IT ~-URTICfI~,R RESOLVED, that this Resolution be placed in the minutes of the East Valley Water Distn'ct and the original of this Resolution be signed by all members of the Board of Directors and presented to GORDON C. GRANT, a~er being suitably framed. DATED: November 12, 2002 DONALD D. GOOD'N, President GEORGE E. W1LSON, Vice President GLENNR, LIGttTFOOT, Director K~E. STURGEON~ Director ~ttest: EDWARD S. NEGRETE, Director ROBERT E. MARTIN, Board Secretary V Memo To: Robert Martin, General Manager From; Brian Tompkins, CFOK CC; Date; 11/04/02 Re: Mileage Rates The IRS has released the standard mileage rates for 2003. The Business rate is 36¢ per mile, down from 36.5¢ per mile for 2002. I recommend that the we adjust the rate at which the District reimburses employees for mileage dudng 2003 to conform ,,Vith the IRS rate. V · Page Oe~ ~ oo~ WW Z Z Zz ----ZZ ~ ~ ~z ~8 ~oo zzz~ ~ z ~0 ~w ~ 000 ~zz 000 ~:>. u..< er-u- 0 ~ ooogg>¢~zz ~ mmmm~O000 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT ~.~) ~',._ ~ ¢_~ © ~.. DIRECTOR: Z-/al=cf 7-,c~D'T7 MONTH OF: ~.~,ard Meetings: i~/~'/ t~/'z¢/ ~)~:~ '¢~ (o25- . Conferences and Other Meetinqs 2-:D~'~O ?? ' Date:~Organization /2tJ ~/') Descri )tion /~-,~ ¢.//Z~4T£ Date: Organization Descd )tion Date: Organization Descd )tion Date: Organization Descri )tion Date: Organization Descd )tion Date: .Organization Descri )rich Date: .Organization Descri )tion Date: Organization Descri )rich Date: Organization Descri )tion Date: Organization Descri )tion ~ Date: Organization Descri )tion Date: Organization Descri )tion Date: .Organization Descri ~tion Date: Organization Descri ~tion Date: Organization Description TOTAL ~ OF MEETI~S~ ~125.00 each. · . $' ~- Personal Auto: ~0 Miles x ;~ D¢¢ per mile $ Parking Fees $. Total Lodflinfls, Meals &'Other: (Details on Back). $ Total Directors Expenses $ (,~/3'L~,~--~ Total Director's Meetings & Expenses $ ~J~ned ~¢. Less any Advance Paymer)ts $ / Date of Board Approval TOTAL DUE DIRECTOR $ /~,~. 2-5' ' odqin.qs: (Receipts attached). V Date: Function Attended $. ,.,. Date: FuncUon Attended $, Date: Function Attended $~ Date: Function Attended $. Date: Function Attended $ Date: Function Attended $, Date: Function Attended $ Date: Function Attended $, Date: Function Attended $, Date: Function Attended $ SUB TOTAL $ Meals: (Receipts attached) Date:/~/~?., /~,~ Function Attended /~,v/_~6~T~ ~.~,~:~-.~_~_~ $ Z/, ~)~) Date': Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended Date: Function Attended $ Date: Function Attended $. Date: Function Attended $ Date: Function Attended $. Date: Function Attended $ SUB TOTAL $ ~1, ~0 Other: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ V SUB TOTAL $ , TOTAL LODGINGS, MEALS AND OTHER $ ~.~,~ (Enter this total on the front of form) DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Sturgeon MONTH OF: October 2002 Board Meetings: 10/08 ~,,,¢erences and Other Meetings Date: o2 - o4 Organization w~.F Description Tou= Date: 15 - 18 Organization EVWD Description Perchclorate Conference Date: 23 Organization WEF Description Tour Date: 23 Organization SBV~gD Description Meeting Date: .Organization Description Date: Organization Description Date: Organization Description Date: Orga~nization Description Date: .Organization Description Date: Organization Description 9ate: .Organization Description Date: .Organization Description Date: Organization Description Date: .Organization Description Date: Organization Description TOTAL # OF MEETINGS 9 . (~125,00 each $ 1,125.00 Personal Auto: Miles x .325 per mile $ Parking Fees $ Total Lodgings, Meals & Other: (Details on Back) $ 368.50 Total Director's Expenses $ 368.50 -~,//~ ~,,__---'-2~,.,,,...-: ......... Total Director's Meetings & Expenses $ 1,493.50 S' 'ed ~'"I"'- "--- " ............ ~ Less any Advance Payments $ D~e of Board Approval 11/12/2002 TOTAL DUE DIRECTOR $ 1,493.50 EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH October, 2002 Meetinqs Claimed: Board Meetin,qs (Dates) 8,29 Conferences and Other Meetin.qs Date: 15,16,17,18Organization: PerchlomteConference Location: Ontario Date: 23,24,25 Organization: WESTCAS Location: Colorado Sprin~ls Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: TOTAL MEETINGS 9 X$125.00= $ 1,125.00 Personal Auto Date: 25 Function: WESTCAS(Parkin~) $ 18.00 Date: Function: Total $ 18.00 Lod.qinq Date: 23,24 Function: WESTCAS $ 227.64 Date: Function: Total $ 227.64 Meals (Receipts) Date: Function: Date: Function: Total $ Other Date: 25 Function: WESTCAS(Air Travel) $ 445.00 Date: Function: Total $ 445.00 Total Directors Expenses $ 690.64 Total Directors Fees (Meetings). $ 1,125.00 Less Advance Payments Approved Date of Board Meeting November 12, 2002 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~/¢//¢ ~, Jz.~ ~,,,~ MONTH OF: ,¢ c 7 E.~.~d Meetings: /~/ f~ : t~/ ~ Conferences and Other Meetin~qs Date: /~/, Organization ~v~z~/,¢,~/4$ Description ,,¢,,X.'/- Date: /¢ /¢_ Organization ~ v zn/) Description Date: /¢,/¢ Organization ~¢~D ,,4'r-/.. ~/ &ob Description Date: l~,l ¢~ Organization ~ ~ ,4/.,~/t ~ Description/f ¢'~'. ,-, ¢ z2 Date:~Organization E ¢W~ Description ~0~ ~,M4 / ~w~¢~ Date: .Organization Description Date: .Organization Description Date: .Organization Description Date: .Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL# OF MEETINGS / ¢ @125.00 each $ Personal Auto: Miles x .325 per mile $. Parking Fees Total Lodqin,qs, Meals & Other: (Details on Back) $, Total Director's Expenses $. ,~'~ /...~.~ Total Director's Meetings & Expenses $ /, ¢. ~ ¢, ~ S~red Less any Advance Payments $. , O Date of Board Approval TOTAL DUE DIRECTOR $ /, :2~-¢). ¢z~ EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT Board Meetings: ~ferences and Other Meetings Date: /} .Organization Data: /~ O~anization Date',/,7 Organization ] ~ / / Descrip6on Date:/~ Organization // / / Description Date: ~ ~ O~an/zatlon Date: ..... Organization Description ....... Date; Organization Description Date: .Organization Description , Date: .Organization Description ..... Date: .Organization .... Description Date: .Organization ,,, Description TOTAL # OF MEETINGS ~//1,.. ~125.00 each~$ ~.~=~~ Personal Auto'. .... Miles x .365 per mile__ $ ~ Parking Fees ..... ... $ ' {'~ _Total Lodgings, Meals &. Other: (Details on Back) - $ '~ Total Director's Expenses $=""~:'~ Total Director's Meetings & Expenses $ ~ ~..~C3_ Less any Advance Payments_ $ ... $ Date o~ ~oard Approval 'lrOTAL DUE DIRECTOR_ . _ RELEASES OF LIEN NOVEMBER 6, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0150273-1 62.14 2. 0630238-2 204.31 3. 0720034-2 65.87 4. 1570118-4 21.02 TOTAL $ 353.34 +PAID THROUGH TAX ROLLS Page 1 of 1 ,.. '~.~ ~_,, RONALD H. PIS'FORES, DISTRICT ~/~]]' ~XDE~, ~ ~S~ST- 9199 (SS~) 268-2483 FAX (55~) 673-0564 STEPHEN H. O~MOELLER October 29, 2002 Gener,I M,,a~er JILL N, LOW Dear Fellow ACWA Member, Le~l Coun,,l By way of introduction, my name is Ron Pistoresi. I am President of the Madera Irrigation Distdct Board of Directors and Vice-Chair bf ACWA Region 6. Although I am very reluctant to write this letter, I feel it is my duty and responsibility to my fellow ACWA members because, as a member of the ACWA Board of Directors, I believe I represent the interests of alt members of ACWA - not just my region. I think it is important that you know about the unfortunate and inappropriate manner in which an important issue has been handled by Executive Director Steve Hall and a few members of your Board: On September 27 in Sacramento, the ACWA Board took an action in a manner that. many, including me, believe was a travesty of the democratic process. The debate was unfairly skewed toward one position and a totally improper parliamentary procedure was used to disallow a vote on a proper and very appropriate motion. 1 can accept the outcome of a vote that is unfavorable to my position if I believe the process was fair, but I am not willing accept such an abuse Of the process without speaking out. Furthermore, the information placed on the ACWA web site following the decision was completely unbalanced and use of some of the sample documents without making them more balanced could create legal difficulties for member districts. The issue befoCe the Board was whether ACWA should take a position on Proposition 50and what that position should be. As I am sure you are aware, Prop 50 is a yew controversial measure that has engendered strong positions in favor and in opposition around the state as a whole as Well as within the ACWA membership. In preparing for the meeting, I first became concerned, about the upcoming process when Steve.Hall sent a memo to Board members.recommending a support position on Prop 50 based in part on the contention that there was little opposition among ACWA members. I was especially concerned because I had an opportunity to comment on a draft of that memo before it was finalized, but he totally ignored my input describing the level of opposition - among ACWA members. He also sent a list of supporters, which was develc~ped by the "Yes on 50" campaign, that included predominantly environmental groups with a few large urban water agencies. It was apparent to me that Steve Hall's intent was to convince the Board to take a position that he advocated rather than presenting balanced information and allowing the Board to reach its own conclusions. We were aware that a number of ACWA member districts were taking positions in opposition to Prop 50. We also knew that Regions 6 and 10 had already taken oppose R. Pistoresi Letter to ACWA Members October 29, 2002 Page 2 : positions. So, for approximately a week before the ACWA Board meeting, we so[icite'd the views of a significant number of ACWA members and found that at least' 18 ACWA member districts had taken formal positions to oppose Prop 50 and that numerous others were not favorable to Prop 50 but had not taken formal action. We also heard fr~m numerous districts that felt ACWA should not take a position for or against the proposition, but should remain neutral. .In addition, the Friant Water Users Authority, consisting of 24 members in the San Joaquin Valley, took a formal position to oppose the proposition. The California Farm Bureau Federation, an affiliate member.of ACWA had also taken an oppose position. Finally, representatives of all of the counties in the state had voted overwhelmingly to oppose Prop 50 through the Regional Council of Rural Counties (RCRC~. consisting of 29 rural counties in northern and central California) and the California State Association of Counties (CSAC, consisting of all 58.counties). The enclosed list is an updated version of what was presented to the ACWA Board to clearly refute Steve Hall's effort to not fully inform the Board regarding the true level of opposition to Prop 50. At the beginning of the meeting, Steve Hall spoke in favor of Proposition 50 as part of his opening remarks. Then, when. the time came to debate the issue, a limitation on total debate time was established by the Chair, but before the debate among Board members could begin, Steve Hall presented his views for a second time in the form of a recommendation that ACWA should support the proposition. There was, of course, a spirited debate on the issues involved in Prop 50. Those who spoke in opposition to PrOp 50, including Bill paUli, President of the California Farm Bureau, and Vern Moss,~ Madera County Supervisor on behalf of RCRC, made clear their concerns about the exceedingly high cost of the proposition ($3.4 billion with a total payoff of $6.9 billion) with more than half the money to be spent on land purchases and with minimal value towards real solutions to California's water Supply problems. It Was pointed out that California voters are less likely to support future bonds that may provide real solutions (much needed storage and conveyance facilities) if so much money had already been. spent .without solving our water supply problems. We also expressed our grave concerns with the section of the proposition that states "No project financed pursuant to this section shall include an on-stream surface water storage facility or an off-stream water storage facility other than percolation ponds for groundwater recharge in urban areas." This provision appears to allow funding for percolation ponds in urban areas, b(~t not agricultural areas. It was also pointed Out that holding certain projects to a standard of full mitigation goes beyond the requirements of CEQA and sets a very bad precedent for future water projects, especially new surface storage pfojects. Notwithstanding these very real concerns' about the likely adverse consequences of Prop 50, we recogniZed that supporters of the Proposition had equally strong views about the value of the Proposition to certain areas of the state. Given the clear disparity of views among ACWA members, we felt the only appropriate position for ACWA to take would be a neutral position, because ACWA is Supposed to fairly represent a broad spectrum of water interests even when we don't all agree on an issue. If ACWA took a R. Pistoresi Letter to ACWA Members October 29, 2002 · Page 3 ~eutral position, indivi.dual members could take whatever action they deemed appropriate - for, against or neutral - and the ACWA position would not be in conflict with any of its members. Accordingly, a motion was made by Ross Borba 0Nestlands Water District, Region 6) and seconded by Paul Henddx (Tulare ID, Region 7) that ACWA should take a neutral position because of the lack of a' consensus among the ACWA membership. The Chair next allowed a couple of comments from the assemblage before recognizing Katy Foulkes (East Bay 'MUD, Region 5) who stated that she wished to offer a "substitute" motiOn to the motion before the Board, and Jim Blake (Metropolitan Water District of Southern California, which helped author the initiative) seconded that motion. Believing that what had occurred was, in fact, an '.'amendment" to the motion, Mr. Borba voiced his refusal to accept the "amendment", and called for the question. His request for a vote on the motion was ignored. Those who made and supported the motion to remain neutral argued that it was improper to simply offer a completely d'ifferent motion. ~ During discussion on the propriety of the "substitute" motion Steve Hall stated that Robert's Rules of Order (which ACWA By-Laws require it to follow) require the "substitute" motion be voted upon before voting on the odginal motion. This proclamation of the Rules by Halt was accepted by the Chair. The vote on the substitute motion passed (after Steve Hall took a third opportunity to voice his opinion and staff recommendation in support of Proposition 50) and there was never a vote on the original "neutral" motion, which.is clearly a violation of Roberts Rules. I have since reviewed Robert's Rules of Order with others and have found that there is no such thing as a "substitute" motion. A subsidiary motion may be made to "substitute" a paragraph in a resolution, but that is simply a form of a motion to amend. Robert's Rules further states that a motion to amend is not a proper motion if it changes the form of the motion (e.g. "neutral" to "support") since that is a completely different motion, not an amendment. To add to the dismay of my Board and me about what had occurred at the ACWA Board meeting, a couple of weeks later, ACWA notified its members that information on Proposition 50 had been added to the ACWA web site. Upon review of the web site, we found sample documents including a resolution of support, news release, news article, op-ed piece and message points. Aisc included was a set of guidelines for public agencies regarding ballot measures. While the guidelines clearly state that public agencies need to be balanced in their communications regarding ballot measures, all of the material suggested for use by ACWA was completely biased toward support of Proposition 50, By failing to even attempt to balance the information in the sample documents, ACWA was in effect encouraging its members to violate their own guidelines. It was only after our district's general manager and I complained vehemently to ACWA staff that their information was unbalanced that ACWA staff updated the web site and added three documents acknowledging the opposition and some of the reasons for that opposition. They did not, however, change the sample documents that appear to violate their own guidelines. R. Pistoresi Letter to ACWA Members October 29, 2002 Page 4 I hope. you can understand why I am so disturbed by what happened at the ACWA Board meeting and the subsequent actions of ACWA staff, it was clear that a pre- determined outcome was sought and achieved by the ACWA leadership to the potential detriment of many of its members. Such actions compromise the integrity of the organization and cause us to wonder whether ACWA is looking out for the interests of all of its members or just a select few With the most influence. If you share my concerns, not about the outcome of the Proposition 50 vote, but about the unfair and inappropriate method by which the result was achieved, I hope you will voice your concerns to Steve Hall and the ACWA leadership. In order to remain a viable organization, ACWA must respect the wews of all of its members and not trample on the interests of districts with a rternative wew points through heavy handed tactics and back room deals. Sincerely yours, Ron Pistoresi President Enclosure Cc Stephen Hall, ACWA NO ON PROPOSITION 50 Water Quality, Supply and Safe Drinking Water Prc~jects. Coastal Wetlands Purchase and Protection, Bonds, initiative Statute (Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002) Opponents List Local Government California State Association of Counties (CSAC) - All 58 counties Regional Council of Rural Counties (RCRC) - 29 central and northern counties including: Alpine County Amador County Butte County · Calavaras County Colusa County Del Notre County El Dorado County Glenn County Inyo County Lake County' Lassen County Madera County Mariposa .County Merced County Modoc County ', Mono County Napa County Nevada County Placer County Plumas County San Benito County Shasta County Sierra County Siskiyou County Sutter County Tehama County Trinity County Tuolumne County Yuba County San Joaqu~n River Task Force - Consisting of representatives of: Merced County Board of Supervisors Madera County Board of Supervisors Fresno County Board of Supervisors S JR Exchange Contractor Authority 10/29/02 Proposition 50 Opponents S JR Resources Management Coalition Friant Water Users Authority Madera County Board of Supervisors Business California Farm Bureau Federation - 95,000 members Fresno Area Chamber of Commerce Madera County Farm Bureau Greater Chico Chamber of Commerce Mendocino County Employers council Families Protecting the Valley Citizens for Better Government Water Agencies (Ag and M&I) Westlands WD* Friant Water Users Authority* Central California ID* Columbia Canal Company** San Luis Canal Company Palmdale WD* Thermalito ID* Aliso WD Antelope Valley-East Kern WA* Delano-Earlimart ID* Exeter ID* Lindmore ID* Lindsay-Strathmore ID* Madera iD* Merced ID* Orange Cove ID* Saucelito ID* Stone Corral WD* Southern San Joaquin MUD* Tea Pot Dome WD* ACWA Region 6 - water'agencies in Fresno, Madera and Merced Counties ACWA Region 10-water agencies in San Diego and Orange Counties. Newspapers Fresno Bee Modes{o Bee Sacramento Bee Chico Enterprise Record San Francisco Chronicle * ACWA Member ** ACWA Affiliate Member Note: Bold entities were added after presentation to ACWA Board on September 27. Additions to the list after Sept. 27 were not actively solicited, ' A~oda[ion of' [h~ ' S~ Bem~no Co~ty Speci~ Di~t~c~ ~ November ~8, 2002 ~ IiX ti, Mojave Water is hosting the November membership , ' meeting at the ~~ Victorville. ~1/ , /i~ ~1~ The social hour will be~ r at 6:45 p.m. , A buffet dinner will be serve( ,,~ 9/ , Buffet: Roast 'Beef; Bak~ed Ham with Fruit Sauce; /~ g/ Baked ~Ii 8erve~witb: ~ash~ ; Ten xl/ Desse~! Cost. ~ ~ ,,$27 ..... : .... .,.~,.:.. 9/ Program. ,~: :N,ay Hart, ~a~glng DIrectorc, Bookma -Edmonston I ' ;:~-'~" ~:;~W~t Really Ha~h~ During the Energy CriSis and What'i~:the Future of /1~ ~1/ /I~ 9/ RSVP n on,;November,7 /it g/ P O Box ~ 08~ ~alle ,CA 92307 ~ /i~ ~/ .' ,:.: ~, , /1~ ~1/ ' ,': ;', ~ Attendees: ' /i~ ,,I/ i EBM[NDER: ~crc is ~ $2 surch~8e per person for rese~fions m~de ~ffer Ibc de,dime date ~d cod~ ~o the dinner mceQn~ wi~hou[ havin~ made reservations. You will ~lso b~ billed for ~hc dinner if c~cell~[io~ is no~ retch'ed P~O~ to ~e deadlinc da~e. \[/ Green Tree Inn /l\ ~'/~ 14173 Green Tree Blvd \1/ Victorville, CA \l/ , /ix \1/ -' ., ~ /l\ \1/ H~ghway 1-15 to Palmdale Road (CA-18 ,~W);>emt~ Turn left on.Manposa Road ~S Hlstortc ~ Route 6~. Turn n~ht on 7 St ~S H~stonc Route 66);~ ~urn n~ht on Green Tree Blvd. xl/~ .. ,,. ~ '~:~<.' /I ~ ,, .... . ~ ~ /IX ~ ~ ~ /ix ::, xl/ Xl/ xl/ W E ~ .:, /ix xl/ xl/ xl/ S / I /i\ You are cordially invited to attend our Open House and the San Bernardino Area Chamber of Commerce "Business After Hours" As your host, J. R. Freeman Office Products would like to show you our facility and thank you for your business. Please join us for hors d' oeuvres and networking. There will be entertainment, Vendors showing new products, free samples and prizes to be raffled away. Thursday, November 21, 2002 from 4:00 p.m. until 7:00 p.m. 123 South D Street, San Bernardino, California 92401 (909) 387-1108 or (800) 429-6800 R.S.V.P. by November 15th M (Company Name) Will be attending the San Bernardino Area Chamber of Commerce "Business After Hours" Hosted by J. R. Freeman Office Products November 21, 2002 In my company will be: