HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 11/25/2008Approved D ecember 22, 2008
4 1AO EAST VALLEY WATER DISTRICT November 25, 2008
REGULAR BOARD MEETING
MINUTES
The meeting was called to order at 2:30 p.m. by President Goodin. Mr. Martin led the flag
salute.
PRESENT: Directors: Goodin, LeVesque, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial
Officer; Ron Buchwald, District Engineer; Eileen Bateman,
Executive Assistant; Cecilia Contreras, Administrative Office
Specialist II
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Jo McAndrews (McAndrews & Boyd), Becky Kasten (EVWD),
4a,d Gary Sturdivan (EVWD), Charles Roberts (Highland Community
News), Larry Malmberg, Robert Reeb (Reeb Government Relations,
LLC), Kurt Yeager (Stradling, Yocca, Carlson & Rauth), Michael
Cates (CDM)
PUBLIC PARTICIPATION
President Goodin declared the public participation section of the meeting open at 2:31 p.m.
There being no verbal or written comments the public participation section was closed.
APPROVAL OF AGENDA
M /S /C (Sturgeon - Wilson) that the November 25, 2008 agenda be approved as
submitted.
(Minutes 11/25/2008) etb 1
APPROVAL OF SPECIAL MEETING MINUTES FOR APRIL 15, 2008
M/S /C (Wilson - Morales) that the April 15, 2008 Special Board Meeting Minutes
be approved as submitted.
APPROVAL OF BOARD MEETING MINUTES FOR OCTOBER 28, 2008
M /S /C (Wilson - Morales) that the October 28, 2008 Board Meeting Minutes be
approved as submitted.
APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR OCTOBER 30,
2008
M/S /C (Wilson - Morales) that the October 30, 2008 Special Board Meeting Minutes
be approved as submitted.
APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR NOVEMBER 3,
2008
M /S /C (Wilson - Morales) that the November 3, 2008 Special Board Meeting
Minutes be approved as submitted.
RESOLUTION 2008.23 — A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF
PIPELINE EASEMENT FROM CENTERGATE SAN BERNARDINO, LLC
M/S /C (Wilson - Morales) that Resolution 2008.23 be approved.
RESOLUTION 2008.24 — A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF
PIPELINE EASEMENT FROM CENTERGATE SAN BERNARDINO, LLC
M /S /C (Wilson - Morales) that Resolution 2008.24 be approved.
DISBURSEMENTS
M /S /C (Wilson- Morales) that General Fund Disbursements #216942 through
#217334 which were distributed during the period of October 22, 2008, through November
19, 2008, in the amount of $1,662,806.70 and Payroll Fund Disbursements for the period
�k,s
(Minutes 11/25/2008) etb 2
ended October 24, 2008 and November 7, 2008 and included checks and direct deposits, in
the amount of $194,215.03, and $178,361.94 totaling $2,035,383.67 be approved.
HEADQUARTERS PROJECT REVIEW AND UPDATE
The General Manager stated that this item will be discussed within Item #25, Committee
Reports.
DISCUSSION AND POSSIBLE ACTION REGARDING SPECIAL COUNSEL
AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND
STRADLING YOCCA CARLSON & RAUTH
The General Manager stated that the agreement is to authorize Stradling Yocca Carlson &
Rauth to prepare appropriate documents for the issuance of Certificates of Participation
(C:OP's); that this agreement needs to be approved to move forward on the financing
package; that this item is in the budget under capital projects.
Legal Counsel advised that Exhibit A, paragraph 3 be changed to fit the District policy;
that, it has been a policy to avoid binding arbitration; that he would like direction from the
Board.
Mr. Yeager stated that if Exhibit A, paragraph 3 were to be objectionable then that section
and Paragraph 6 of the agreement will be withdrawn from the agreement; that this
k4310 agreement would cost approximately $70,000.
Director Sturgeon stated that he would like this to go to the Budget committee for review
before the Board approves.
Director Wilson stated his concern whether there was enough time to have the Budget
committee review.
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Director Morales inquire on the cost to implement this agreement; that he would also like
to have this agreement go to the Budget committee for review due to the language in
question.
Director Goodin suggested that the Board have legal counsel change the language in
question for this agreement
M /S /C (LeVesque- Wilson) to approve the Special Counsel Agreement between
East Valley Water District and Stradling Yocca Carlson & Rauth with the suggested
amendments from legal counsel.
(Minutes 11125/2008) etb 3
RESOLUTION 2008.25 — A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTICT REGARDING ITS INTENTION TO
ISSUE TAX - EXEMPT OBLIGATIONS
Director Morales inquired if legal counsel had reviewed this resolution.
The General Manager recommended that the Board approve the resolution.
Director Sturgeon stated that a correction needed to be made on page 4. It should state
County of San Bernardino and not County of Riverside.
M/S /C (Sturgeon - LeVesque) that Resolution 2008.25 be approved with the
recommended change.
PRESENTATION FROM ROBERT REEB REGARDING 2008 ANNUAL REPORT
AND STATE LOBBYING ACTIVITIES
Mr. Reeb presented a review of his activities to date and future Legislative Bills that may
affect the District; that he will return to discuss more issues; that he has work relations
with lobbyists from ACWA, CSDA and CMUA; that amended bills updates are posted on
the capitol track website; that conservation is a local control issue.
Director Sturgeon inquired about Mr. Reeb's relations with key members of ACWA,
CSDA and CMUA; he also stated that Pepsi distributions proposed to use 20% less water
by 2015.
Director LeVesque inquired about conservation as it relates to other agencies.
Director Morales stated that fees will be a concern in the future at the state level; that he
looks forward to continue working with Mr. Reeb; that the District be active in all bills
from the legislature.
Vice President Wilson voiced his concerns regarding the Agriculture bill and how it
includes conservation.
President Goodin expressed his appreciation for Mr. Reeb's work that he has done on
behalf of the District.
DISCUSSION AND POSSIBLE ACTION REGARDING THE STATE OF SANTA
ANA RIVER WATERSHED "OVERCOMING BOUNDARIES' EVENT,
ONTARIO, JANUARY 29, 2009
(Minutes 11/25/2008) etb 4
Vice President Wilson stated that the Public Outreach committee reviewed this item and
recommended it be reviewed by the Board.
iN W/ Ms McAndrews inquired on direction from the Board; that the Santa Ana River Watershed
event is requesting the District's name on the host list or a donation of $1500.
M /S /C (Wilson - LeVesque) that the District place its name on the host list for the
Stage of Santa Ana River Watershed "Overcoming Boundaries" Event.
RESOLUTION 2008.22 - A RESOLUTION TO TAX DEFER MEMBER PAID
CONTRIBUTIONS — RESOLUTION FOR EMPLOYER PICK UP
M /S /C (LeVesque - Wilson) that Resolution 2008.22 be approved.
DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF
PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES
Mr. Cates from CDM gave a presentation of the decision process for construction
management services; that interviews were held; that a recommendation to the Board is to
award Cordoba Corporation for Construction Management Services.
Director LeVesque stated that he participated in the interviews and concurs with the
uliv recommendation.
Director Morales stated that the Cordoba Corporation put extra effort into preparing for the
District's project; that they were very aware of the utility lines in the area of the project.
Viet. President Wilson stated that he would have liked to have been included with the
interview process.
The General Manager stated that he concurs with all the comments made by the members;
that he supports the recommendation; that a detailed agreement will be brought to the
Board in the future.
President Goodin expressed his appreciation to CDM and Staff for their diligence in this
process.
M /S /C (LeVesque - Sturgeon) — to approve the recommendation from CUM to
award Construction Management Services to Cordoba Corporation.
40 60
(Minutes 11/25/2008) etb 5
DISCUSSION AND POSSIBLE ACTION REGARDING CORRECTING GRANT
DEED FOR GREENSPOT VILLAGE AND MARKET PLACE, LLC
Mr. Buchwald stated that he was contacted by Mr. Snell to have the Grant Deed corrected.
Legal Counsel recommended that this action needed to be clarified prior to the Board
making corrections.
Director Sturgeon wanted to know what concerns Director Morales may have.
Director Morales stated that it was not clear as to what the necessary changes were.
M /S /C (Wilson - LeVesque) to authorize legal counsel to contact Mr. Snell and
make the necessary amendments to the grant deed.
DISCUSSION AND POSSIBLE ACTION REGARDING THE WATER
EDUCATION FOUNDATION'S 11 2009 WATER LEADERS CLASS"
Director Sturgeon stated that a water district employee could be mentored throughout the
state with this program; that the candidate would bring back valuable information for our
district.
Director Morales inquired if the funding is available for this program to absorb cost; if
there is a committee for the selection process.
Director Morales stated that he would like the District to submit an application if time
permits.
President Goodin state that he would like more information about the program; are there
benefits of being involved with the program; that personal advances in education is great.
M /S /C (LeVesque- Sturgeon) to direct staff to submit an application and move
forward with the 2009 application for the program.
The General Manager stated that he would give all employees information to build an
interest list.
DISCUSSION REGARDING THE SCHEDULING OF MEETINGS, COMMITTEE
MEETINGS AND AGENDAS
Director LeVesque requested a draft agenda be given to the Board members for their
review one (1) week prior to the Committee Meetings.
(Minutes 11/25/2008) etb
Vice President Wilson stated that for standing committee meetings there is a 72 -hour
, posting prior to each meeting.
DISCUSSION AND POSSIBLE ACTION REGARDING THE SAN BERNARDINO
AREA CHAMBER OF COMMERCE BOARD OF DIRECTORS OFFICIAL
BALLOT
Director Morales inquired if the Board had any specific choice.
M /S /C (Sturgeon - LeVesque) to vote for all 7 candidates.
REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED
OCTOBER 31, 2008
Mr. Tompkins reviewed the Financial Statements in detail.
Director Sturgeon commented that he was very pleased with the expanded format of the
Financial Statements.
Directors Wilson, Goodin, and Morales concurred with Director Sturgeon's comments
regarding the expanded format.
M /S /C (Sturgeon - Wilson) to accept the Financial Statements for the period ended
October 31, 2008.
DIRECTORS' FEES AND EXPENSES FOR OCTOBER 2008
M /S /C (Wilson - LeVesque) to approve Directors' fees and expenses for October
2008.
GENERAL MANAGER/STAFF REPORTS
The General Manager reported on the District's operations to date; that the news had stated
that during the Yorba Linda Fires there was insufficient water pressure to fight the fire;
that the low water pressure could have been caused by any number of items.
Mr. Sturdivan gave a summary of the District's involvement in the Golden Guardian
exercise; that this exercise is the first functional exercise that we have participate in; that
the District participated in the exercise for two days; that scenarios were implemented in
the two day exercise; that the ERNIE group was involved in the exercise which included
40do
(Minutes 11/25/2008) etb 7
20 agencies; that the District used a low band radio system which works well in emergency
situations; that he would like to train and certify staff on the use of HAM radios.
Director Morales stated that he would prefer a report on items that would be needed in an
emergency to be able to prioritize in a disaster.
Director LeVesque stated that a spreadsheet would be beneficial for a report of a damage
assessment.
The General Manager stated that the newer plants are made to withstand a higher seismic
load; that the older plants would not do well in a major seismic event.
CONSULTANT REPORTS
Ms McAndrews expressed gratitude to Director Sturgeon for his help and attendance at the
Solar Challenge workshop; that the workshop consisted of technical sessions, safety, rules,
and key points; that students from Cal Poly provided help with these sessions; that she is
developing a sponsor list.
COMMITTEE REPORTS
Director Morales (Legislative) stated the State budget is still short; that $8.1 billion in
spending cuts will be discussed in the next state legislative meeting.
Vice President Wilson (Public Outreach) stated that he had taken calendars and bottled
water to the Kiwanis club meeting.
Director LeVesque (Headquarters) stated that he had met with GMID regarding the
landscape challenges, irrigation requirements and the solar system.
Director Morales stated that he set up a meeting with the mayor to discuss tree heights on
the property.
Director Sturgeon stated that it is still in the plans to name a fountain or garden after the
sellers of the property.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Morales stated that he was involved with the County EOC during the Golden
Guardian exercise; that he was happy to see the District involved.
—a,
(Minutes 11/25/2008) etb 8
Director Sturgeon stated that that he would be testing for the certification of HAM radios
in near future.
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President Goodin expressed his satisfaction with the operations of the District and the
Board of Directors.
&MAIL CORRESPONDENCE FROM AWWA RESEARCH FOUNDATION
REGARDING NEW REPORT ON ENDOCRINE DISRUPTING COMPOUNDS
(EDC'S) Information only.
LETTER OF APPRECIATION TO THE DISTRICT FROM THE HIGHLAND
AREA CHAMBER OF COMMERCE Information only.
LETTER OF APPRECIATION TO THE DISTRICT FROM BEV AND ED
ARONSON REGARDING THE RECENT FACILITIES TOUR Information only.
JUDY MABEN TRIBUTE DINNER, MADISON RESTAURANT & BAR, ]LONG
BEACH, DECEMBER 1, 2008 Information only.
ASSOCIATION OF THE SAN BERNARDINO COUNT SPECIAL DISTRICTS
MEMBERSHIP MEETING HOSTED BY SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT, RILEY'S FARM, OAK GLEN, DECEMBER 15,
2008 Information only.
CS]DA'S "HOW TO BE AN EFFECTIVE BOARD MEMBER" VARIOUS DATES
AND LOCATIONS Information only.
ACWA'S 2009 WASHINGTON, DC CONFERENCE, FEBRUARY 24 -26, 2009
Information only.
The Board took a five- minute break at 5:12 p.m.
Returned to session at 5:19 p.m.
CLOSED SESSION
The Board entered into Closed Session at 5:19 p.m. as provided in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the
agenda.
ADJOURN TO REGULAR SESSION
President Gooding declared that the meeting adjourn to regular session.
(Minutes 11/25/2008) etb 9
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to regular session at 5:29 p.m. Items listed on the agenda were
discussed in closed session with no reportable action being taken.
The meeting was adjourned at 5:30 p.m. until the next Regular Board Meeting on
December 9, 2008.
44/
obert E. Martin, Secretary
i ) , ,-u D�
Donald D. Goodin, President
(Minutes 11/25/2008) etb 1