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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 04/27/2010Approved May 25 2010 EAST VALLEY WATER DISTRICT April 27, 2010 REGULAR BOARD MEETING MINUTES President Wilson called the meeting to order at 3:00 p.m. Director Sturgeon led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Mark Vargas (Mission Infrastructure), Dr. Katy Henry, Cara VanDijk (CV Strategies), Erin Gilhuly (CV Strategies) APPROVAL OF AGENDA M /S /C (Sturgeon- LeVesque) that the April 27, 2010 agenda be approved as submitted. PUBLIC PARTICIPATION Mr. Vargas stated that he would like to speak before the Board regarding the Kmart facility; that he is speaking as a private citizen and not a consultant for the District; that the Lis Pendens should be resolved within thirty days; that it is in the best interest for Food 4 Less to have less restric.ive REA's and regulation; that the current owner would like to move forward with the project. Information only. There being no further verbal or written comments the public participation section was closed. APPROVAL OF BOARD MEETING MINUTES FOR APRIL 13, 2010 M /S /C ( Malmberg- LeVesque) that the April 13, 2010 Board meeting minutes be approved as submitted. (Minutes4 /27/2010)jph 1 DISBURSEMENTS M /S /C (Malmberg - LeVesque) that General Fund Di�hursements 9223861 through #224047 which were distributed during the period of April 7. 2010. through April 19, 2010, in the amount of $806,202.64 and Payroll Fund Disbursement: fir the period ended April 19, 2010 and included checks and direct deposits, in the amount o' $324,860.41 and $10,364.86, totaling $1,041,427.91 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE 2010 WATER AND SEWER RATE STUDY The General Manager stated that the District is working with I IDR to complete the water and sewer rate study and are incorporating the items that were discussed at a previous meeting: that we should have a draft version by the next board mectim. The General Manger also stated that in order to move Forward he needs direction from the Board regarding tiered rates or single rates. The Board discussed this item in great detail. Director Morales stated that before he can make any decision he needs to review the final report, and if necessary schedule a special meeting to discuss the recommendations in the report. Vice President LeVesque stated that he is in favor of tiered rates. Director Malmberg stated that raising rates is difficult at any time and concurs with Director Morales' comments: that he thinks the impact on sewer rates should be effective July 1 not October 1 as it is a pass through charge. Director Sturgeon would like to review the final version of the report and is not swayed at this time towards tiered rates. President Wilson doesn't like the concept of tiered rates but needs more information before making a decision. DISCUSSION AND POSSIBLE ACTION REGARDING THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT'S PROPOSED GROUNDWATER ASSESSMENT CHARGE The General Manager reviewed the proposed rate increase with the Board: that he and President Wilson met with the Conservation District and two of their Directors to discuss the rate proposal and their strategic plan: that there are a number of agencies who oppose the rate increase; that the Conservation District stated that LAFCO encouraged them to develop a Strategic Plan but the letter from LAFCO does not support their lalement. (Minutes 4/27/201 0) iph 2 Director Morales stated that there are significant issues and questionable items that need to be addressed regarding the strategic plan. The General Manger stated that there are two positions that the Board can take; 1. The District can take no position at this time or, 2. The District can support or oppose the rate increase and strategic plan M/S ( LeVesque- Malmberg) that the District oppose the rate increase and strategic plan. Director Sturgeon stated that he would prefer that no action be taken and to stay out of the process. President Wilson concurs with Director Sturgeon's comments. Vice President LeVesque believes that the District should take a stand and not let this fester and go on any further. Director Malmberg would like to know the fiscal impact this increase would have on the District. The General Manager stated the impact would be $20K. Vice President L eVesque and Malmberg amended their motion and second to oppose the rate increase only. M /S /C (LeVesque - Malmberg) that the District oppose the rate increase. A role call vote was taken. Director Sturgecn voted no. Vice President LeVesque voted yes. Director Malmb� -rg voted yes. President Wilson voted no. Director Morale voted yes. DISCUSSION AND POSSIBLE ACTION REGARDING PLANT 134 CONSTRUCTION BID M /S /C (LeVesque- Malmberg) that the District proceed with the construction bidding for Plant 134. DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY CREEK MUTUAL WA'T'ER COMPANY AND APPOINTMENT OF DIRECTORS The General Manager gave a brief update regarding the City Creek Mutual Water Company; that the diversion canal is in dire need of repairs and it has been a challenge to keep in production; that the operations have ceased and there are currently no users; that he would (Minutes4 /27 /2010)jph 3 like to begin the process to dissolve the company. The General Manager also stated that there was a previous agreement with Stubblefield Construction tha_ has expired: that Mr. Kennedy has contacted Stubblefield Construction and they have agreed w update the previous agreement and start the process to dissolve the company. The Gwncral Manager recommends that the East Valley Water District appoint two of our Director', to serve on the City Creek Water Company Board of Directors. Mr. Kennedy stated that since East Valley Water District controls the majority of shares that three Directors should be appointed to the Board. M /S /C (Morales - Sturgeon) that the Board appoint James Morales. Matt LeVesque and Larry Malmberg to the City Creek Mutual Water ConI Board of Directors. DISCUSSION AND POSSIBLE ACTION REGARDING THE SECOND AMENDMENT TO THE PROPERTY ACCESS AND RELEASE AGREEMENT WITH METROPOLITAN WATER DISTRICT M /S /C (Morales - LeVesqtie) that the Second Amendment to the Property Access and Release Agreement with Metropolitan Water District be approN .-d. REVIEW AND ACCEPT THE INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2010 Mr. Tompkins reviewed the Investment Report with the Board. M /S /C (Sturgeon - LeVesque) that the Investment Report for the quarter ended March 31, 2010 be accepted. GENERAL MANAGER/STAFF REPORTS The General Manager reported on the District's operation to date: that the District is flushing Well 40 and will be pulling BacT samples from the well: that Mission Infrastructure provided a memorandum regarding the Kmart facility to the District: that we are working diligently on the new office space and floor plan and that the project is estimated to cost between $200 - $250K; that the SBPEA will have an appreciation lunch on Mat 12` and that senior staff and the Directors have been invited to attend: that he will be gi a presentation to the San Bernardino Valley Municipal Water District's Advisory Connni-ree on May 13 . Mr. Buchwald stated that the District is experiencing high levels of air in the system and is working on alternative measures to address the issue. Mr. Bucl'RIIId also provided an update to the Board regarding the weather based irrigation system at Plant 124. Information only. (Minutes 4/27/2010) jph 4 CONSULTANT REPORTS No reports at thi> time. COMMITTEE REPORTS a. Legislative (Standing) — Director Morales provided information relating to SB7x7; Santa Ana Sucker, BTAC and that EPA is leaning towards adopting a perchlorate rule. b. Community Affairs (Standing) — N/A c. Policy (Ad -Hoc) — Policies are still under review. d. Labor Negotiations (Ad -Hoc) — N/A ORAL COMMENTS FROM BOARD OF DIRECTORS Director Malmberg is happy to be here. Director Sturgeon attended a recent Inland Action meeting where SBVMWD gave a presentation regarding the Water Bond issue; that Inland Action will be going to Sacramento on May 19 and would like to know if there are any items that we need them to lobby for; that he will be attending the Cucamonga Valley Water District's rate hearing this evening. Director Morales voiced his appreciation to staff regarding the memos that have been prepared for the board packets; that the memos provide history and background information that is necessary in order to make informed decisions. Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM EDGE DEVELOPMENT, INC. Information only. The Board took a five- minute break at 4:28 p.m. CLOSED SESSION The Board entered in Closed Session at 4:37 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 Wilson declared that the meeting adjourn to regular session. (Minutes4 /27 /2010)jph 5 ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 5:31 p.m. The items listed on the agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 5:31 p.m. George E. Wilson. President Robert E. Martin, Secretary (Minutes 4/27/2010)jph