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Home My WebLink AboutMinutes - EVWD Board of Directors - 01/10/2006Approved January 24, 2006 ■w EAST VALLEY WATER DISTRICT JANUARY 10, 2006 REGULAR BOARD MEETING MINUTES 1r The meeting was called to order at 2:01 p.m. by President Sturgeon. Director Wilson led the flag salute. PRESENT: Directors Goodin, Lightfoot, Negrete, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Ron Buchwald, Assistant District Engineer; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews (McAndrews & Boyd) APPROVAL OF AGENDA The General Manager requested that the following CLOSED SESSION item be added to the Agenda as the need to add the item arose after the Agenda had been posted. Pursuant to Government Code Section 54954.2(b)(2) the Board added the following item to the Agenda after unanimously determining that there is a need to take immediate action on the item, which came to the Districts attention after the Agenda was posted: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(a) Name of Case: San Bernardino Valley Audubon Society and California Trout, Inc. v. Federal Energy Regulatory Commission„ United States Court of Appeals for the N inth Circuit, No. 05 -77186 160 M/S /C (Wilson - Negrete) that the January 10, 2006 Agenda be approved with the revision as noted. Minutes: 01/10/06 PUBLIC PARTICIPATION 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 DECEMBER 13, 2005 BOARD MEETING MINUTES M/S /C (Lightfoot - Wilson) that the December 13, 2005 Board Meeting Minutes be approved as submitted. RESOLUTION 2006.01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM STANDARD PACIFIC CORP., LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M/S /C (Lightfoot - Wilson) that Resolution 2006.01 be approved. RESOLUTION 2006.02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM STANDARD PACIFIC CORP., LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M/S /C (Lightfoot - Wilson) that Resolution 2006.02 be approved. RESOLUTION 2006.03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM STANDARD PACIFIC CORP., LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M/S /C (Lightfoot - Wilson) that Resolution 2006.03 be approved. RESOLUTION 2006.04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM STANDARD PACIFIC CORP., LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M/S /C (Lightfoot - Wilson) that Resolution 2006.04 be approved. 2 Minutes: 0 l / 10/06 RESOLUTION 2006.05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM STANDARD PACIFIC CORP., LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. NUS /C (Lightfoot - Wilson) that Resolution 2006.05 be approved. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND TOLL LAND XXIII, L.P. TO SUBDIVIDE AND DEVELOP CERTAIN REAL PROPERTY CONSISTING OF SIXTY (60) DWELLING UNITS IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 1210- 281-01, 297 - 011 -14 AND 297 - 001 -19 LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M/S /C (Lightfoot - Wilson) that the development agreement between East Valley Water District and Toll Land XXIII, L.P. be approved as submitted. DISBURSEMENTS NUS /C (Lightfoot - Wilson) that General Fund Disbursements #204348 through 204694 distributed during the period of December 7, 2005 through January 4, 2006 in the amount of $1,356,051.66 and Payroll Fund Disbursements for the period ended November 4r 30, 2005, December 9, 2005 and December 23, 2005 in the amounts of $5,082.81, $117,119.89 and $125,475.62 totaling $1,603,729.98 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF WATER SERVICES AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND BASIN WATER FOR WELL 40A URANIUM TREATMENT PLANT, was presented to the Board. The General Manager provided an overview and update regarding the Uranium Treatment Plant Facility at Plant 40A; that he recommends approval of the Agreement between East Valley Water District and Basin Water. NUS /C (Lightfoot- Goodin) that the Water Services Agreement between East Valley Water District and Basin Water for Well 40A Uranium Treatment Plant be approved. DISCUSSION AND POSSIBLE ACTION REGARDING 2006 COMMITTEE STRUCTURE AND ASSIGNMENTS The Board discussed the proposed Committee Structure and Assignments submitted by President Sturgeon and the need for Standing Committees and Ad -Hoc Committees. iW 3 Minutes: 01/10/06 M/S /C (Lightfoot- Goodin) that the proposed Committee Structure and Assignments submitted by President Sturgeon be approved as Standing Committees with the exception that the Architectural Committee be approved as an Ad -Hoc Committee. M/S /C (Lightfoot - Negrete) that the Board appoint James Morales as an Advisor on the Real Estate Committee, remove Jim Cimino from the Real Estate Committee, and ~� appoint Matt LeVesque as an Advisor on the Architectural Committee. HEADQUARTERS PROJECT REVIEW AND UPDATE The General Manager requested this item be deferred for later discussion. DISCUSSION AND POSSIBLE ACTION REGARDING DISPOSAL OF SURPLUS VEHICLES The General Manager recommends the request from Mike Maloney to Dispose of Surplus Vehicles be approved. M/S /C (Lightfoot- Goodin) that the request to Dispose of Surplus Vehicles be approved as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING DISTRICT PARTICIPATION IN THE CITY OF HIGHLAND'S IO ANNUAL HIGHLAND CITRUS HARVEST FESTIVAL ON MARCH 25, 2006. The General Manager stated that the District is working with the City of Highland to secure a prime location, and possibly partnering with the Search and Rescue Team at this years event. M/S /C ( Negrete- Wilson) that the District participate in the City of Highland's Io Annual Highland Citrus Harvest Festival on March 25, 2006 and to contribute a token amount of $2000 for sponsorship and support. Director Goodin stated he would be attending this year's Harvest Festival. RESOLUTION 2006.06 — AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF A PIPELINE PROJECT, THE ACQUISITION OF REAL PROPERTY AND THE ACQUISITION OF A WATER WELL, was presented to the Board for approval. The General Manager reviewed the agreement with the Board; stated that the agreement will provide for a new debt issue in this years budget; that a payment will not be due until next fiscal year; that he recommends approval of agreement. 4 Minutes: 01/10/06 M /S /C (Wilson- Goodin) that Resolution 2006.06 be approved subject to final approval from the District's General Manager, Chief Financial Officer, General Counsel, and the District's Bond Counsel. DISCUSSION AND POSSIBLE ACTION REGARDING LETTER RECEIVED �r FROM DR. DARLEEN STONER AND ADA RAMIREZ OF THE ENVIRONMENTAL EDUCATION RESOURCE CENTER, CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, REGARDING PARTNERSHIP CONTRIBUTION FOR THE ENVIRONMENTAL EXPO, JANUARY 27, 2006. No action taken. DIRECTOR'S FEES AND EXPENSES FOR DECEMBER 2005, were presented to the Board for approval. Director Wilson requested the December 16, 2005 Awards Banquet be removed from his expense report. M/S /C (Goodin - Lightfoot) that the Director's fees and expenses for December 2005 be approved as amended. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that Tom Crowley has accepted an Assistant General Managers position with West Valley Water District; that MW accepted Sterling Pipeline Project is moving forward; that President Sturgeon and he attended LAFCO's committee meeting on January 9` and that the staff report will be presented to LAFCO at the February meeting. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Goodin stated that the Districts web site should be updated to reflect the Board's organizational changes. President Sturgeon expressed gratitude to the Directors for their support, and for electing him Board President. There being no verbal or written comments from the Directors, this section of the meeting was closed. Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM PENNY CHUA FOR SPONSORSHIP AND BOTTLED WATER DONATION AT THE SAN BERNARDINO INTERNATIONAL AIRPORT RUNWAY DEDICATION EVENT Information only. 5 Minutes: 01/10/06 LETTER OF APPRECIATION TO THE DISTRICT FROM ALEXANDRA WARD FOR SPONSORSHIP AND BOTTLED WATER DONATION TO THE NATIONAL CHARITY LEAGUE PHILANTHROPY FAIRE. Information only. ENVIRONMENTAL EXPO "CELEBRATING 20 YEARS OF ENVIRONMENTAL EDUCATION EXCELLENCE THROUGH ART", DIVISION 9 GALLERY IN LIFE ARTS BUILDING, 3485 UNIVERSITY AVENUE, RIVERSIDE, JANUARY 27, 2006. Information only. CALIFORNIA HYDROELECTRIC PROJECTS SEMINAR, CROWNE PLAZA UNION SQUARE, SAN FRANCISCO, FEBRUARY 3, 2006. Information only. 2006 NGWA NATURALLY OCCURRING CONTAMINANTS CONFERENCE; ARSENIC, RADIUM, RADON, AND URANIUM, HOTEL ALBUQUERQUE AT OLD TOWN, ALBUQUERQUE, NEW MEXICO, FEBRUARY 6 -7, 2006. Information only. SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE GOVERNANCE SEMINAR, DISNEY'S PARADISE PIER HOTEL, ANAHEIM, FEBRUARY 16 -17, 2006. Information only. WESTCAS WINTER CONFERENCE, MARRIOTT DENVER CITY, 1701 CALIFORNIA STREET, DENVER, CO, FEBRUARY 21 -24, 2006. Information only. WATER EDUCATION FOUNDATION EXECUTIVE BRIEFING "BUILDING A VISION: PUTTING THE PIECES TOGETHER ", RADISSON HOTEL, 500 LEISURE LAND, SACRAMENTO, MARCH 23-24,2006. Information only. THE BOARD TOOK A TEN - MINUTE BREAK AT 2:53 P.M. CLOSED SESSION The Board entered into Closed Session at 3:04 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the item(s) listed on the Agenda. ADJOURN TO REGULAR SESSION ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 3:58 p.m. The items listed on the Agenda were discussed in closed session with the following reportable action being taken: 6 Minutes: 01 /10/06 With respect to item # 29: no action taken. With respect to item #30: The Board unanimously authorized the filing of an intervention into the litigation. No other reportable action was taken. ADJOURN The meeting was adjourned at 3:58 p.m. until the next regularly scheduled Board Meeting on January 25, 2006. Kip E. Sturgeon, Board President -- 'A Robert E. Martin, retary xr °1 Minutes: 01/10/06