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Home My WebLink AboutMinutes - EVWD Board of Directors - 03/26/2002APPROVED: APRIL 9, 2002 lama EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING MARCH 26, 2002 MINUTES 4� The meeting was called to order at 2:03 p.m. by President Goodin. Director Sturgeon led the flag salute. PRESENT: Directors Lightfoot, Sturgeon, Negrete, Wilson, Goodin ABSENT: None STAF=F: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUE>T(s): Jo McAndrews, Jeff Endicott (CDM), Izzat Hamawi (CDM), Galit Ryan (DYK), Donald Morrow (Legal Counsel for DYK), David Devlin (Lyon & Lyon), Lawrence LaPorte (Lyon & Lyon), Greg Larkin (SSC), Allen Gresham, Darrell Santschi (Press Enterprise), Fred Hicks, Carol Hicks, Meredith Hicks. APPROVAL OF AGENDA Legal l Counsel requested that the following Closed Session Item be added to the Agenda pursuant to Government Code Section 54954.2 (b)(2), as the need for immediate action thereon arose after the Agenda was posted: 22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(a)] Name of case: In the Matter of Petitions to Revise Declaration of fully Appropriated Streams to Allow Processing of Specified Applications to Appropriate Water from the Santa Ana River, State Water Resources Control Board Application Nos. 31174 and A031165. M /S /C (Wilson - Sturgeon) and unanimously approved that the March 26, 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 2:05 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF MARCH 12, 2002 BOARD MEETING MINUTES. M /S /C (Wilson- Sturgeon) that the March 12, 2002 Board Meeting Minutes be approved as submitted. RESOLUTION 2002.10 — DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15375 IN THE CITY OF HIGHLAND was presented to the Board for approval. M /S /C (Wilson- Sturgeon) that Resolution 2002.10 be approved. RESOLUTION 2002.11 — DEDICATION OF SEWERS WITHIN TRACT 15375 IN THE CITY OF HIGHLAND was presented to the Board for approval. M /S /C (Wilson- Sturgeon) that Resolution 2002.11 be approved. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND GRANITE HOMES TO PROVIDE WATER AND SEWER SERVICE TO 67 DWELLING UNITS WITHIN TRACT 15850 LOCATED AT THE SOUTHEAST CORNER OF WATER STREET AND CHURCH STREET IN THE CITY OF HIGHLAND was presented to the Board for approval. M /S /C (Wilson- Sturgeon) that the Development Agreement between East Valley Water District and Granite Homes be approved. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Numbers: 092 -0218- 4, 111 - 0023 -3, and 116 - 1818 -6 had been paid and those accounts should be removed from the lien list. M /S /C (Wilson- Sturgeon) that the liens for delinquent water and sewer accounts be approved for processing with the revisions noted by the General Manager. DISBURSEMENTS M /S /C (Wilson- Sturgeon) that General Fund Disbursements #188333 through #188509 in the amount of $760,718.31 and Payroll Checks distributed March 15, 2002 in the amount of $78,472.93 totaling $839,191.24 be approved. 2 MINUTES:03 /26/02 PROTEST OF AWARD OF CONTRACT FOR THE PLANT 37 RELOCATION PROJECT. VA" Oro Mr. Lawrence LaPorte, Legal Counsel for BBR, addressed the Board in protest of the Bid Award for the East Valley Water District's Plant 37 Relocation Project. Except for Mr. L.aPorte's letter to the Board dated March 22, 2002 (which was included in the Agenda materials), no additional written materials were filed by BBR in support of its protest. Ms. Ryan, Engineer at DYK and Mr. Don Morrow, Legal counsel for DYK, spoke to the Board on behalf of DYK. Mr. Greg Larkin addressed the Board on behalf of SSC. Staff commented on the critical need for the Project to move forward immediately to serve the public health and safety of its customers, and recommended that the protest of the Bid Award for the Plant 37 Relocation Project be denied. Legal counsel also recommended that the protest be denied for various reasons, including but not limited to BBR's failure to raise its objections on a timely basis, BBR's lack of standing since it did not submit a bid to the District, the application of such legal doctrines as waiver and estoppel, and the insufficiency of the factual grounds, and the inapplicability of the legal grounds, asserted by BBR in support of its protest. M /S /C (Wilson - Negrete) and unanimously voted that the Protest of the Award of Bid for East Valley Water District Plant 37 Relocation Project (CDM Project No.2706- 28500), by the Law Offices of Lyon & Lyon on behalf of BBR Prestressed Tanks, Inc. be denied for all of the reasons referenced by District staff and Legal Counsel. PROPOSAL FROM CDM TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE PLANT 37 RELOCATION PROJECT was presented to the Board for approval. The General Manager recommended approval of CDM's proposal for construction management services for Plant 37. M /S /C (Sturgeon/Wilson) that the CDM Contract for Construction Management Services for the Plant 37 Relocation Project be approved. BRIEFING REPORT ON FEDERAL AFFAIRS AND LEGISLATION BY FRED HICKS. Fred Hicks reported on the progress towards introducing alternate language into the VA -HUD Appropriations Bill with respect to the Radon issue and expressed appreciation to the staff and Board members of the East Valley Water District's for their tow continuing efforts and pursuit of that goal. Information only. 3 MINUTES:03 /26/02 RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that ACWA, Westcas and California Utilities had endorsed the District's approach on the Radon Rule . Information only. SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT'S REPORT OF THE 2001 -2002 ANNUAL ENGINEERING INVESTIGATION OF THE BUNKER HILL BASIN AND PROPOSED INCREASE IN GROUNDWATER REPLENISHMENT CHARGE. The General Manager that he would arrange for a meeting with WCD to meet and confer with an Ad -Hoc committee from EVWD to discuss the proposed assessment increase (approximate cost: $20,000). The Ad -Hoc committee would consist of Glenn Lightfoot and George Wilson. A Public Meeting and Public Hearing on the proposed groundwater charge will be held at WCD on April 3, 2002 and April 30, 2002 at 1:30 p.m. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING AN EVWD SPONSORED POSTER CONTEST. M /S /C (Sturgeon - Wilson) that the District sponsor a Poster contest at various schools with award ceremonies to take place during May, in observance of Water Awareness Month. MARCH 6 - MARCH 20, 2002 - RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on March 6 - March 20, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that a tour of the Victorville, Cucamonga and Western Water Districts to view their architectural designs had taken place last week; that a committee would meet Friday, March 29th to look at the photos that were taken that day and to discuss the design of the various buildings and their amenities. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Negrete stated that he would be attending the Highland Harvest Festival this Saturday, March 30th. Information only. 4 MINUTES:03 /26/02 Director Wilson stated that he had attended an ACWA Meeting in Sacramento last week. and expressed his concerns over the State's Budget. Information only. Director Goodin commented that he had participated in the tour of the various District officers noted in the General Manager's report. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. SKILL PATH SEMINARS "FINANCE & ACCOUNTING FOR NON - FINANCIAL MANAGERS ", TWO DAY WORKSHOP AT VARIOUS LOCATIONS AND DATES IN CALIFORNIA. Information only. WATER EDUCATION FOUNDATION "MANAGING GROUND WATER BASINS FOR WATER QUALITY AND SUPPLY ", DOUBLETREE HOTEL, ONTARIO, CA. APRIL 11-12.2002. Information only. AWWA ANNUAL CONFERENCE AND EXPOSITION "YOUR BRIDGE TO THE FUTURE ", NEW ORLEANS, LOUISIANA, JUNE 16 -20, 2002. Information only. SPECIAL DISTRICT FINANCE "FACING THE CHALLENGES OF FISCAL LEADERSHIP IN CHANGING TIMES ", PALM SPRINGS MARQUIS RESORT, JUNE Ir 27 -28, 2002. Information only. PRESIDENT GOODIN DECLARED A SHORT BREAK IN THE BOARD MEETING AT 3:40 P.M. PRESIDENT GOODIN DECLARED THE MEETING RE- OPENED AT 3:50 P.M. CLOSED SESSION M /S /C (Lightfoot - Wilson) that the meeting adjourn to Closed Session. The Board entered into session at 3:50 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on, and added to, the Agenda. ADJOURN TO REGULAR SESSION M /S /C (Wilson- Sturgeon) that the meeting adjourn to regular session. Ir+ 5 MINUTES:03 /26/02 ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:57 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except: .y.. With respect to Item #21 - Authorize General counsel to send out offer to purchase the property. With respect to Item #22 - There was no reportable action. ADJOURN The meeting was adjourned at 4:00 p.m. e. D ... .- z6A Robert E. Martin, Secretary MINOTES:03 /26/02