HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 07/13/2004APPROVED JULY 27.2004
EAST VALLEY WATER DISTRICT JULY 13, 2004
REGULAR BOARD MEETING
113 11►1till"[W
The meeting was called to order at 2:00 p.m. by President Wilson. Director Lightfoot led
the flag salute.
PRESENT: Directors Lightfoot, Negrete, Goodin, Sturgeon, Wilson
ABSENT: None
STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer;
Brian Tompkins, Chief Financial Officer; Justine Hendricksen,
Administrative Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST(s): Jo McAndrews, Charles Roberts (Highland Community News),
Gary Sturdivan (EVWD), Peter David Hernandez (EVWD), John
Stenz (Citizens Business Bank), Bill Morten (Municipal Finance
Corporation), Jim Cimino (Cimino Realty)
APPROVAL OF AGENDA
M/S /C (Lightfoot - Negrete) that the July 13, 2004 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Wilson 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 BOARD MEETING MINUTES FOR JUNE 22, 2004.
M/S /C (Sturgeon - Lightfoot) that the June 22, 2004 Board Meeting Minutes be
approved as submitted.
Minutes: 07/13/04
APPROVAL OF SPECIAL MEETING MINUTES (PUBLIC HEARING) FOR
JUNE 29, 2004.
w M/S /C (Sturgeon- Lightfoot) that the June 29, 2004 Special Meeting (Public
Hearing) Minutes be approved as submitted.
RESOLUTION 2004.16 — ACCEPT CONVEYANCE OF PIPELINE EASEMENT
FROM DOMINICK'S SUPERMARKETS, INC., was presented to the Board for
approval.
M/S /C (Sturgeon- Lightfoot) that Resolution 2004.16 be approved.
RESOLUTION 2004.17 — ACCEPT CONVEYANCE OF PIPELINE EASEMENT
FROM HAAGEN COMPANY, LLC, was presented to the Board for approval.
M /S /C (Sturgeon- Lightfoot) that Resolution 2004.17 be approved.
DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER
DISTRICT AND JACK R. WIDMEYER TO PROVIDE WATER AND SEWER
SERVICE TO TWO (2) INDIVIDUAL PARCELS AND REMAINDER LOT
LOCATED AT THE NORTH END OF HOLLY CIRCLE DRIVE IN THE CITY
OF SAN BERNARDINO was submitted to the Board for approval.
w M/S /C (Sturgeon - Lightfoot) that the Development agreement between East Valley
Water District and Jack R. Widmeyer be approved as submitted.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
M /S /C (Sturgeon- Lightfoot) that the liens for delinquent water and sewer accounts
be approved for processing as submitted.
DISBURSEMENTS
M /S /C (Sturgeon- Lightfoot) that General Fund Disbursements #197798 through
9198029 distributed during the period of June 23, 2004 through July 7, 2004 in the
amount of $1,011,412.92 and Payroll Fund Disbursements for the period ended June 25,
2004 in the amount of $88,778.30 totaling $1,100,191.22 be approved.
RESOLUTION 2004.18 - AUTHORIZE EXECUTION AND DELIVERY OF
INSTALLMENT SALE AGREEMENT IN CONNECTION WITH THE
ACQUISITION AND CONSTRUCTION OF AN ADMINISTRATIVE FACILITY
AND UPGRADES TO THE TRANSMISSION /DISTRIBUTION SYSTEM
DISTRICT HEADQUARTERS REVIEW AND SITE UPDATE was presented to the
Board for approval.
2 Minutes: 07/13/04
The General Manager reviewed the funding and terms of the Agreement with the Board of
Directors and requested approval with changes as noted.
Steve Kennedy (Legal Counsel) concurred with the General Manager.
Vice President Sturgeon commented on the length of the agreement.
Director Goodin stated he was concerned with pre - payment penalties; that the District
could have negotiated better terms if given additional time to review other options; that he
would support the Agreement.
Vice President Sturgeon stated that we could defer the Agreement until the next Board
Meeting.
Director Lightfoot stated there was no need to defer this item until the next Board
Meeting.
M/S /C (Negrete- Sturgeon) that Resolution 2004.18 be approved as amended.
RADON RULE /PERCHLORATE RULE UPDATE
The General Manager stated there was nothing new to report on the Radon Rule; that
there are many new issues of the Federal level regarding Perchlorate; that Congressman
Baca has a bill that passed committee on a general fund for cleanup. Information only.
DISTRICT HEADQUARTERS REVIEW AND SITE UPDATE
The General Manger updated the Board on the interim facilities; that the District would be
moving to the interim facilities on August 21 -22; that the District would be closed on
August 23, 2004 and would re -open for regular business on August 24, 2004; that the
Permanent District Headquarters effort is moving forward; that there are still grading
issues; that CTG has been assigned as a sub contractor to Gary Miller.
REVIEW OF BOARD POLICY ON DIRECTORS' REIMBURSEMENT OF FEES
AND EXPENSES.
President Wilson commented that Board Members need to attend special training, ethics
training and other pertinent training and does not know what the expenses could include
for these.
Director Goodin stated that last year the average fee for each Director was approximately
$4680.00; that he would like to propose a decrease in the Directors' fees to $4000.00; that
if necessary the Board could approve any additional funds as warranted.
3 Minutes: 07/13/04
Director Negrete stated that he does not agree that the Directors fees need to be decreased;
that there are a number of Districts that do not have expense limits; that the Board
President needs to be visible and able to represent the District when necessary.
1=0
Director Lightfoot stated that the current Directors fees are acceptable.
Vice President Sturgeon stated he would like to know what other Districts expenses are;
that he would support a decrease in Directors fees; that he spends more than $4000.00 on
his expenses.
The General Manager stated he previously provided the Board an expense survey from a
number of other Districts.
WS (Goodin- Sturgeon) that Directors fees decrease to 4000.00 per year.
The Motion was defeated by a 3 -2 vote.
Directors: Lightfoot, Negrete, Wilson voted NO
Directors: Goodin, Sturgeon voted YES.
DIRECTORS FEES AND EXPENSES FOR JUNE 2004 were presented to the Board
for approval.
to M /S /C (Lightfoot - Negrete) that the Directors Fees and Expenses for June 2004 be
approved.
RESOLUTION 2004.14 — RECOGNITION OF PETER DAVID HERNANDEZ'S
TWENTY -FIVE YEARS OF SERVICE, was presented to the Board for approval.
M/S /C (Lightfoot- Goodin) that Resolution 2004.14 be approved.
DISCUSSION AND POSSIBLE ACTION REGARDING A CLAIM FOR
DAMAGES AT 28673 LIVE OAK ROAD, HIGHLAND, CA FROM RONALD
LYONS.
The Board reviewed the claim and determined as follows: (1) to the extent that the
claim relates to a cause of action with an accrual date that is outside the applicable statute
of limitations period, the Board had no jurisdiction to accept the claim since the
presentation thereof is untimely; and (2) to the extent that the claim seeks money for all
other damages and losses alleged therein that relate to a cause of action with an accrual
date that is within the applicable stature of limitations period, the Board voted to reject the
claim and referred the matter to Legal Counsel and to the District's insurance carrier,
Caldwell & Moreland.
4 Minutes: 07/13/04
BALLOT FOR THE SPECIAL DISTRICT'S ELECTION FOR REGULAR
LAFCO MEMBER. DISCUSSION AND POSSIBLE ACTION.
The Candidate selected by the Board to represent the Regular Special Districts
Member of the Local Agency Formation Commission is Gerald Smith.
RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS.
List of liens released on July 6, 2004 was reviewed. Information only.
WATER QUALITY CONFERENCE BUDGET UPDATE
The General Manager updated the Board on the Water Quality Conference; that there will
be three tracts running concurrent; that there are many offers to speak but limited space;
that we are sending an invitation for Senator Feinstein to speak at the Conference.
Jo McAndrews updated the Board on additional sponsorships received.
HAZARD MITIGATION UPDATE
Gary Sturdivan updated the Board that the Hazard Mitigation Program is moving forward;
that we are identifying hazards at each of our facilities; that the flooding and fire portions
of the program are completed; that he is currently working on the earthquake portion of
the program; that by August 12, 2004 we will be sending our complete program to the
State of California.
District Engineer Paul Dolter, expressed gratitude to Gary for the work he has done on the
Hazard Mitigation Program.
GENERAL MANAGER'S REPORT
The General Manager reported on the District's operations to date; that we are currently in
a drought situation; that 2 wells are offline (24A & 25); that other wells are close to being
offline; that we purchased water from the Conservation District to spread water above
plant 125; that the Treatment Plant is offline due to electronics but should be online July
13, 2004; that water levels are falling; and if needed, construction sites would be required
to curtail water usage.
ORAL COMMENTS FROM BOARD OF DIRECTORS
President Wilson commented that the luncheon and dinner for Mary Wallace was very
enjoyable.
Vice President Sturgeon stated employees who leave the District on good terms (Retire)
should be invited to the Awards Banquet.
5 Minutes: 07/13/04
There being no further verbal or written comments from the Directors, this section of the
meeting was closed.
imp
to
APPRECIATION LETTER TO THE DISTRICT FROM CAL STATE SAN
BERNARDINO FOR THE JIM RODDY SCHOLARSHIP ENDOWMENT IN
SUPPORT OF THE UNIVERSITY'S EDUCATIONAL MISSION. Information
Only.
MEMORANDUM FROM STEPHEN HALL, ACWA EXECUTIVE DIRECTOR,
REGARDING GOVERNOR SCHWARZENEGGER'S PROPOSED STATE
GOVERNMENT RESTRUCTURING. Information Only.
ASBCSD MEMBERSHIP MEETING HOSTED BY EAST VALLEY WATER
DISTRICT, THE CASTAWAY RESTAURANT, 670 KENDALL DRIVE, SAN
BERNARDINO, JULY 19,2004. Information Only.
HIGHLAND SENIOR CENTER'S "ANNUAL VOLUNTEER RECOGNITION
LUNCHEON ", B.P.O. ELKS LODGE, 2055 ELKS DRIVE, SAN BERNARDINO,
JULY 23,2004. Information Only.
CITY OF HIGHLAND, AURANTIA PARK DEDICATION CEREMONY, 29700
GREENSPOT RD., JULY 24,2004. Information Only.
SAN BERNARDINO AREA CHAMBER OF COMMERCE "LEGISLATIVE
BREAKFAST ", CASTAWAY RESTAURANT, 670 KENDALL DRIVE, SAN
BERNARDINO, AUGUST 20, 2004. Information Only.
CSDA 2004 ANNUAL CONFERENCE, RENAISSANCE ESMERALDA RESORT
AND SPA, INDIAN WELLS, CA., SEPTEMBER 27 -30, 2004. Information Only.
ASDWA NINETEENTH ANNUAL CONFERENCE, HYATT REGENCY ON
TOWN LAKE, AUSTIN TX, OCTOBER 3-7,2004. Information Only.
CLOSED SESSION
The Board entered into Closed Session at 3:20 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.
DIRECTOR LIGHTFOOT LEFT AT 4:08 P.M.
ADJOURN TO REGULAR SESSION
President Wilson declared that the meeting adjourn to regular session.
6 Minutes: 07/13/04
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 4:14 p.m. The items listed on the Agenda were discussed
in closed session with no reportable action being taken except, that by a 5 -0 unanimous
vote the Board of Directors authorized Jim Cimino to prepare a counter offer on the
property located at 7920 Webster APN: 1201 - 361 -01, 02, 03.
ADJOURN
The meeting was adjourned at 4:14 p.m. until the next regularly scheduled Board Meeting
on July 27, 2004.
A . Macretary
George E. "Skip" Wilson, President
7 Minutes: 07/13/04