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Home My WebLink AboutMinutes - EVWD Board of Directors - 01/09/2007Approved January 23, 2007 EAST VALLEY WATER DISTRICT JANUARY 9, 2007 REGULAR BOARD MEETING MINUTES President Sturgeon called the meeting to order at 2:01 p.m. Director Lightfoot led the flag salute. PRESENT: Directors Goodin, Lightfoot, Negrete, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Ron Buchwald, District Engineer; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews (McAndrews & Boyd), Tony Sedano, Jim Cimino (Cimino Realty), Charles Roberts (Highland Community News) APPROVAL OF AGENDA The January 9, 2007 agenda was accepted as submitted. PUBLIC PARTICIPATION President Sturgeon declared the public participation section of the meeting open at 2:01 p.m. Mr. Sedano would like to donate $65.00 to the Pacific High School Choir who performed at the December ASBCSD membership meeting, and asked if the District could forward the donation to them. There being no further written or verbal comments, the public participation section was closed. APPROVAL OF DECEMBER 12, 2006 BOARD MEETING MINUTES M /S /C (Wilson- Goodin) that the December 12, 2006 Board Meeting Minutes be approved as submitted. Minutes: 01/09/07 APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND LOVE IMPROVEMENTS, INC. TO SUBDIVIDE AND DEVELOP CERTAIN REAL PROPERTY CONSISTING OF FIVE (5) DWELLING UNITS IDENTIFIED AS TRACT 17576, LOCATED AT DATE STREET AND CHIQUITA LANE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M /S /C (Wilson- Goodin) that the development agreement between East Valley Water District and Love Improvements, Inc., be approved as submitted. DISBURSEMENTS M /S /C (Wilson- Goodin) that General Fund Disbursements 9208878 through 209166 distributed during the period of December 8, 2006 through December 22, 2006 in the amount of $1,852,725.17 and Payroll Fund Disbursements for the period ended November 30, 2006, December 8, 2006 and December 22, 2006 in the amounts of $5,683.89, $126,370.00 and $135,655.30 totaling $2,120,434.36 be approved. HEADQUARTERS PROJECT REVIEW AND UPDATE No reports at this time. DISCUSSION AND POSSIBLE ACTION REGARDING DISPOSAL OF A SURPLUS GENERATOR AT A PUBLIC AUCTION M /S /C (Lightfoot- Goodin) that the request to Dispose of a Surplus Generator be approved as submitted. Director Goodin requested that items 8 & 9 be deferred until after the Closed Session items are addressed. DISCUSSION AND POSSIBLE ACTION REGARDING EASTWOOD FARMS MUTUAL WATER COMPANY Mr. Tompkins reviewed his memorandum with the Board; that Eastwood Farms Mutual Water Company's account is seriously delinquent; that he has a meeting with the Board from Eastwood Farms to discuss their account on January 12, 2007. The General Manager reviewed many of the collection options provided by Mr. Tompkins in his memorandum; the General Manager requests direction from the Board on how they would like the District to proceed with Eastwood Farms delinquent account. Director Goodin stated that the District might possibly follow the direction that the Arroyo Verde Mutual Water Company has taken. 2 Minutes: 01/09/07 Mr. Kennedy reviewed a number of options that Mr. Tompkins provided including possible litigation proceedings. Director Lightfoot recommends that staff meet with Eastwood Farms Board and work out a payment plan, and also provide them with 30 -60 days to improve their account status. Mr. Kennedy concurs with Director Lightfoot. The Board President is opposed to item 93 in Mr. Tompkins memorandum. Mr. Tompkins will update the Board in the next 30 -60 days regarding the status of Eastwood Farms Mutual Water Company's account. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR PERIOD ENDED NOVEMBER 30, 2006 M /S /C (Wilson- Goodin) that the Financial Statements for the period ended November 30, 2006 be accepted. DIRECTOR'S FEES AND EXPENSES FOR DECEMBER 2006, were presented to the Board for approval. M /S /C (Goodin - Wilson) that the Director's fees and expenses for December 2006 be approved as submitted. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that the Sterling Pipeline Project is nearing completion; that there have been some small start up issues with Well 927, but things are moving forward. Information only. CONSULTANT REPORTS Mr. Kennedy stated that he had received the signed Water Rights agreement with the City of Riverside and that it will be filed with the State Board shortly. Information only. COMMITTEE REPORTS No reports at this time. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Wilson stated that he recently attended the swearing in ceremony for Bill Leonard. Director Wilson also stated that he had a number of conversations with Senator Dutton and Assemblyman Emmerson on a recent flight. 3 Minutes: 01/09/07 Director Negrete commended District staff and the Contractors who have worked on the Sterling Pipeline Project. Director Goodin offered his appreciation to everyone involved with the District's Awards Banquet and the ASBCSD membership meeting hosted by East Valley Water District. President Sturgeon concurred with Director Goodin. President Sturgeon stated that the 2007 Committee Assignments are in the Board packets for review. Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM ALBERT KARNIG, REGARDING THE DISTRICT'S DONATION TO THE JERRY AND ARLENE LEWIS ENDOWED SCHOLARSHIP IN WATER RESOURCE STUDIES FUND LETTER OF APPRECIATION TO THE DISTRICT FROM FRANCOISE AYLMER, M.S., CFRE, REGARDING THE DISTRICT'S DONATION TO THE JERRY AND ARLENE LEWIS ENDOWED SCHOLARSHIP IN WATER RESOURCES STUDIES FUND LETTER OF APPRECIATION TO THE DISTRICT FROM WILLIAM AGUILAR, REGARDING THE DISTRICT'S DONATION TO THE JERRY AND ARLENE LEWIS ENDOWED SCHOLARSHIP IN WATER RESOURCES STUDIES FUND LETTER OF APPRECIATION TO THE DISTRICT FROM AMANDA LOPEZ, RECIPIENT OF THE 2006/2007 JIM RODDY SCHOLARSHIP LETTER OF APPRECIATION TO THE DISTRICT FROM DIANA ARAIZA ( ASBCSD) FOR HOSTING THE DECEMBER MEMBERSHIP MEETING AT THE SHANDIN HILLS GOLF CLUB Information only. CLOSED SESSION The Board entered into Closed Session at 2:42 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 3:40 p.m. The items listed on the Agenda were discussed in closed session with no action being taken. 4 Minutes: 01/09/07 RESOLUTION 2007.01 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING THE EXECUTION OF A TRANSFER AGREEMENT OF CERTAIN WATER AND SEWER FACILITIES TO THE SAN MANUEL BAND OF MISSION INDIANS, was presented to the Board for approval. Director Goodin stated that the District is giving the San Manuel Band of Mission Indians infrastructure in return for a slope easement at the Patton Property. Director Goodin is concerned that this would only benefit the District if the Headquarters Project remains at that location. President Sturgeon stated that Neil Derry is not supportive of the Transfer Agreement. President Sturgeon would like to know if surrounding customers and /or Tribal customers should be notified. Director Goodin feels that the District should have considered having a Public Hearing regarding the Transfer Agreement. Director Goodin believes he has no other choice at this point but to support this issue. M /S /C (Lightfoot - Wilson) that Resolution 2007.01 be approved subject to final review and approval from Legal Counsel. Directors Lightfoot, Wilson, Negrete and Goodin voted YES. Director Sturgeon voted NO. RESOLUTION 2007.02 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF SLOPE EASEMENT FROM PINE MOUNTAIN, LLC, was presented to the Board for approval. M /S /C (Lightfoot - Wilson) that Resolution 2007.02 be approved subject to final review and approval from Legal Counsel. Directors Lightfoot, Wilson, Negrete and Goodin voted YES. Director Sturgeon voted NO. ADJOURN The meeting was adjourned at 3:58 p.m. until the next regularly scheduled Board Meeting on January 23, 2007. 5 Minutes: 01/09/07 Kip E. Sturgeon, Board President Robert E. Martin, Secretary Minutes: 01/09/07