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Home My WebLink AboutMinutes - EVWD Board of Directors - 02/22/2005Approved March 8, 2005 W EAST VALLEY WATER DISTRICT FEBRUARY 22, 2005 REGULAR BOARD MEETING MINUTES of The meeting was called to order at 2:00 p.m. by President Wilson. Director Lightfoot led the flag salute. PRESENT: Directors Goodin, Negrete, Lightfoot, Sturgeon, Wilson ABSENT: None STAFF: Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, David Avila (Highland Community News), Gary Sturdivan, EVWD APPROVAL OF AGENDA Pursuant to Government Code Section 54954.2(b)(2), the Board determined by unanimous vote, and at the request of the General Manager, to add the following CLOSED SESSION item to the Agenda as the need to take immediate action thereon arose after the Agenda was posted: 21a. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION [Significant exposure to litigation pursuant to Government Code Section 54956.9(b)]: One Potential Case M/S /C (Sturgeon- Goodin) that the February 22, 2005 Agenda be approved with the revision recommended by the General Manager. Minutes: 02/22/05 PUBLIC PARTICIPATION Vice President Sturgeon 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 FEBRUARY 08, 2005 BOARD MEETING MINUTES. M/S /C (Lightfoot - Negrete) that the February 08, 2005 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M /S /C (Lightfoot - Negrete) that the liens for delinquent water and sewer accounts be approved for processing. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND NORTH AMERICAN RESIDENTIAL COMMUNITIES, INC., TO PROVIDE WATER AND SEWER SERVICE TO SIXTEEN (16) DWELLING UNITS WITHIN TRACT 15960 LOCATED AT HACKNEY & BASELINE IN THE CITY OF HIGHLAND, was presented to the Board for Approval. M/S /C (Lightfoot - Negrete) that the Development Agreement between East Valley Water District and North American Residential Communities, Inc., to provide water and ..� sewer service to sixteen (16) dwelling units within Tract 15960 located at Hackney & Baseline in the City of Highland be approved. DISBURSEMENTS M/S /C (Lightfoot - Negrete) that General Fund Disbursements #200482 through 200638 distributed during the period of February 10, 2005 through February 16, 2005 in the amount of $1,229,484.60 and Payroll Fund Disbursements for the period ended January 31, 2005 and February 4, 2005 in the amount of $4,527.96 and $95,257.49 totaling $1,329,270.05 be approved. RADON RULE/PERCHLORATE RULE UPDATE The General Manager updated the Board on his recent trip to Washington D.C.; that the Radon Rule is not currently at the top of the EPA's (Environmental Protection Agency) priority list; that the EPA does not have a current reference dose for Perchlorate. DISTRICT HEADQUARTERS PROJECT The General Manager updated the Board on the District's Headquarters Project; that final plans will be submitted to the City of San Bernardino next month. 2 Minutes: 02/22/05 DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF STIPULATION BETWEEN EAST VALLEY WATER DISTRICT AND CHINO BASIN WATERMASTER CONCERNING THE SANTA ANA RIVER WATER r RIGHTS APPLICATION. Steve Kennedy updated the Board on the Santa Ana River Water Rights Application; that East Valley Water had previously filed a protest to protect the District's interests and water rights regarding the Santa Ana River; that Staff and Legal Counsel recommend East Valley Water District withdraw its protest if Watermaster will stipulate to two conditions: 1) That none of the points of diversion within the scope of Watermaster's Application will result in the diversion of water from the Santa Ana River; and 2) That Watermaster's Application shall not be construed to seek any water rights as against EVWD. M /S /C ( Negrete- Sturgeon) that the Board approve to withdraw East Valley Water District's protest to Watermaster's Application with the two stipulations as noted. FINANCIAL STATEMENTS FOR PERIOD ENDED JANUARY 31, 2005 were presented to the Board for review and acceptance. M/S /C (Sturgeon - Negrete) that the Financial Statements for period ended January 31, 2005 be accepted. ow RESOLUTION 2005.06 — DESIGNATIONS OF APPLICANT'S AGENT RESOLUTION, THAT EAST VALLEY WATER DISTRICT AUTHORIZES ITS AGENT(S) TO PROVIDE TO THE STATE OFFICE OF EMERGENCY SERVICES FOR ALL MATTERS PERTAINING TO SUCH STATE DISASTER ASSISTANCE THE ASSURANCES AND AGREEMENTS, was presented to the Board for approval. M/S /C (Lightfoot - Negrete) that Resolution 2005.06 be approved. RESOLUTION 2005.07 — A RESOLUTION OF THE BOARD OF DIRECTORS APPROVING AND AUTHORIZING REVISIONS TO THE SAN BERNARDINO COUNTY OPERATIONAL AREA MULTI - JURISDICTIONAL HAZARD MITIGATION PLAN DATED FEBRUARY 22, 2005, AND AUTHORIZING FUTURE NON - SUBSTANTIVE AMENDMENTS TO THE PLAN, was presented to the Board for approval. M/S /C (Lightfoot - Negrete) that Resolution 2005.07 be approved. NNW 3 Minutes: 02/22/05 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on February 09, 2005 was reviewed. Director Sturgeon inquired if this report could be removed from future Agenda's. The Board unanimously agreed to remove this report from any future Board Agenda's. Information only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operation to date; that there are record levels of rainfall this year; that the 7 Oaks Dam testing has been delayed; that there were some heavy flooding and mud flows in some areas of the District; that the District is working with the City of San Bernardino on cleanup efforts in these areas; that he had a meeting with representatives from the Army Corps of Engineers regarding the present problems with the 7 Oaks Dam; that the Army Corps of Engineers representatives were surprised and shocked that these problems were occurring; that they were committed to come up with a solution to the problem. ORAL COMMENTS FROM BOARD OF DIRECTORS President Wilson stated he attended the Mayor's State of the City's Address. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. STATE OF THE COUNTY ADDRESS, ONTARIO CONVENTION CENTER — BALLROOMS A, B & C, 200 CONVENTION CENTER WAY, ONTARIO, MARCH 10, 2005. HIGHLAND COMMUNITY PARK DEDICATION, 27003 HIBISCUS STREET, HIGHLAND, MARCH 12, 2005. WATER EDUCATION FOUNDATION'S 22 ANNUAL EXECUTIVE BRIEFING, RADISSON HOTEL, SACRAMENTO, MARCH 24 -25, 2005. Information only. CLOSED SESSION The Board entered into Closed Session at 2:40 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. 4 Minutes: 02/22/05 ADJOURN TO REGULAR SESSION r W r President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:00 p.m. It was announced that the items listed on the Agenda were discussed in closed session. With respect to item #20 — No reportable action taken. With respect to item #21 — The Board unanimously authorized General Counsel to obtain an appraisal on the subject property. With respect to item #21a — The Board unanimously authorized the General Manager and General Counsel to execute on behalf of the District the Joint Defense and Confidentiality Agreement for the Agreement to Develop and Adopt an Institutional Controls Groundwater Management Program with minor revisions as deemed appropriate. ADJOURN The meeting was adjourned at 3:00 p.m. Gedrget. "Skip' son, President AA44 Robert E. Martin, Secretary Minutes: 02/22/05