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Agenda Packet - EVWD Board of Directors - 01/25/2011
East Valley Water District 3654 HIGHLAND AVE., SUITE 412, HIGHLAND, CA BOARD MEETING January 25, 2011 3:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors ". --------------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE ------------------------------------------ -- ---- ------- ------- -- - - - --- Public Comments 2. Approval of Agenda CONSENT CALENDAR Approval of Board meeting minutes for December 28, 2010 4. Approval of Board meeting minutes for January 11, 2011 Accounts Payable Disbursements: Accounts Payable Checks # 227136 through # 227302 which were distributed during the period of January 5, 2011 through January 12, 2011, in the amount of $1,143,094.82. Payroll and benefit contributions for the period ended January 12, 2011 and included checks and direct deposits, in the amount of $185,207.95. Total Disbursement for the period $1,328,032.77. OLD BUSINESS 6. Discussion and possible action regarding the District's hiring freeze NEW BUSINESS 7. Discussion and possible action regarding the District's Drug Free Workplace Policy 8. Discussion and possible action regarding public hearing and proposed sewer treatment rate increase 9. Resolution 2011.01 — A Resolution of the Board of Directors of the East Valley Water District Establishing Policies for its Compensation, Reimbursement, Ethics and Sexual Harassment Training, and Insurance Coverage 10. Ordinance 378 — An Ordinance of the Board of Directors of the East Valley Water District Establishing Guidelines for the Conduct of its Public Meetings and Activities REPORTS 11. General Manager / Staff Reports 12. Consultant Reports 13. Committee Reports • Legislative (Standing) • Community Affairs (Standing) • Policy Committee (Ad -Hoc) 14. Oral comments from Board of Directors 15. Association of the San Bernardino County Special District's membership meeting hosted by RBF Consulting, Marie Calendars, Ontario, January 24, 2011 16. WESTCAS 2011 Winter Conference, Worthington Renaissance Hotel, Texas, February 23 -25, 2011 /� IaL�lil:7i;l ------------------------------------------------------------------------ Pursuant to Government Code Section 54954.2(a), any request for a disability- related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. 2 Subject to approval EAST VALLEY WATER DISTRICT December 28, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Mr. Coats led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Cecilia Contreras, Administrative Office Specialist; Gary Sturdivan, Safety & Regulatory Affairs LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Cara Van Dijk (CV Strategies); Ron Coats; Stacy Aldstadt (City of San Bernardino Water Department), Matt Litchfield (City of San Bernardino Water Department); Don Shackleford (City of San Bernardino Water Department) PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:01pm. There being no verbal or written comments the public participation section was closed. APPROVAL OF AGENDA M /S /C (Sturgeon - LeVesque) that the December 28, 2010 agenda be approved as submitted. DISBURSEMENTS M/S /C (LeVesque - Malmberg) that the General Fund Disbursements #226860 through #227020 which were distributed during the period of December 8, 2010 through December 20, 2010, in the amount of $421,153.46 and Payroll and Benefit contributions for the period ended December 20, 2010 and included checks and direct deposits, in the amount of $270,786.52 and $6,202.95 totaling $698,142.93 be approved. Minutes 12128/10 emc REVIEW AND DISCUSSION OF JOINT POWERS AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND THE CITY OF SAN BERNARDINO WATER DEPARTMENT The General Manager stated that an Ad -Hoc committee had been formed to discuss the issues that were brought up from the Directors. The General Manager stated Ms Stacey Aldstadt, General Manager of the City of San Bernardino Municipal Water Department, attended the Board Meeting to discuss and answer any questions from the Directors regarding the JPAs. Ms Aldstadt thanked the Board of Directors for allowing her the opportunity to speak to the Directors; that she is aware of the concern regarding the pass through of any sewer rate increases into the general fund for the City of San Bernardino; that the Proposition 218 hearing is scheduled in January 2011 is to cover Capital Improvement Costs, new rulings and compliance for AQMD, and for upgrades for the treatment system; that the City has not had a sewer rate increase in many years; that she feels any pass through of sewer rate increases into the general fund of the City of Sari Bernardino would be a "tax" under California law and would need to be voted on by the voters of the City and, thus, will not be included in the proposed increase to sewer rates. The General Manager stated, and Ms Aldstadt confirmed, that the City of San Bernardino Municipal Water Department has agreed to defer implementation of the proposed rate increase as applied to the District until the District has had a chance to complete its own Proposition 218 hearing and related procedures. Director Morales asked if the committee that is named in the JPA, Inland Empire Wastewater Advisory Board, has met to discuss any of the items; that if the consultant that is working with City of San Bernardino Water is aware of the costs that are stated in the 1980 JPA amendment. Ms Aldstadt addressed Director Morales' concerns; that the Inland Empire Wastewater Advisory Board, which includes herself and Mr. Martin, has not met under that pretense but they have had several informal meetings over the years to discuss issues concerning both agencies; that R.W. Beck, the City's consultant firm, was not provided a copy of the JPA Agreements or the 1980 amendments for consideration in connection with the preparation of the study that was done for the proposed sewer rate increases. The General Manager stated that the Advisory Board will be convening to discuss items that need to be reviewed. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDING NOVEMBER 30, 2010 Mr. Tompkins gave a brief overview of the financial statements. 2 Minutes 12/28/10 Me M /S /C (LeVesque- Sturgeon) to accept the financial statements for period ending November 30, 2010 as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING SPONSORSHIP OPPORTUNITY FOR THE ARkSTORM SUMMIT ON JANUARY 13-14,2010 Mr. Sturdivan gave a brief overview into the ARkSTORM scenario; that this project is similar to the Shakeout in 2008 which the District previously participated; that a kick -off meeting will be held in Sacramento to roll out the scenario to the public; that the District's sponsorship would be to provide a lunch or dinner to participants of the venue; that the District's logo would be on the literature provided and would be the only water agency providing a sponsorship. Director Malmberg stated that he agrees with the preparedness practices given the flooding disaster which happened over the holidays. Director Morales stated that the knowledge retained from these practices is vital to what the District implements and agrees to help support. M/S /C (Sturgeon - Malmberg) to sponsor $2,500 to USGS to support a meal or venue for the kickoff meeting of ARkSTORM in Sacramento in January. GENERAL MANAGER /STAFF REPORTS The General Manager stated that there was major flooding in Highland during the rain fall over the holidays; that there was a few plants that had some mud flow and some roads washed out; that the District's crews are continuing to help the City of Highland with assessing damages and equipment. He stated that the District received a signed Funding Agreement for Plant 134. He also stated that the Headquarters project for Suite 30 has been pushed back a little longer due to the rain fall and leaks that were apparent. CONSULTANT REPORTS Ms Van Dijk stated the a press release regarding Baseline Gardens will be coming out soon; that they are still currently working on the Strategic Communications plan. COMMITTEE REPORTS a. Legislative (Standing) Director Morales stated that the committee is working on the permit issues and relations with the City of San Bernardino; that the committee will be moving forward and looking into more about the Santa Ana Sucker Fish ruling. b. Community Affairs (Standing) No comments at this time. Minutes 12/28/10 cmc c. Policy (Ad -Hoc) Director Morales stated that the Committee : .-ec:ently met and reviewed the Drug and Alcohol Policy and are looking into which upcoming policies and resolutions need to be re- reviewed. d. General Manager's Review (Ad -Hoc) President Wilson dissolved this committee e. JPA Review (Ad -Hoc) Director Morales stated that this committee reviewed in detail the documents to see how much is being utilized. ORAL COMMENTS FROM BOARD OF DIRECTORS Vice President LeVesque thanked Staff for all their help and participation in the recent flooding disaster. Director Morales wished everyone Happy Holidays and looks forward to the New Year. President Wilson thanked Charles Roberts for the great editorial in regards to the Sucker Fish in the Highland Community Newspaper. ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICTS MEMBERSHIP MEETING, SAN BERNARDINO, JANUARY 24, 2011 Information Only SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE "GOVERNANCE" SEMINAR, ANAHEIM, FEBRUARY 17-18,2011 Information Only The Board took a break at 4:30 p.m. The Board returned to session at 4:38 p.m. CLOSED SESSION The Board entered into Closed Session at 4:38 p.m. as provided in the California Open Meeting Law. Government Code Section 54945.9(a), to discuss those items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session 5:01 p.m. The items listed on the agenda were discussed in closed session with no reportable action. 4 Minutes 12/28/10 cmc ADJOURN The meeting was adjourned at 5:01 p.m. until the next regularly scheduled Board Meeting. Robert E. Martin, Secretary. George Wilson, President Minutes 12/28/10 cmc Subject to approval EAST VALLEY WATER DISTRICT January 11, 2011 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Vice President LeVesque 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; Gary Sturdivan, Safety & Regulatory Affairs Director; Cecilia Contreras, Administrative Office Specialist; Eileen Bateman, Executive Assistant; Becky Kasten, Accounting Supervisor LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Cara Van Dijk (CV Strategies), Charles Drury (Calgon Carbon Corp.), Scott Manno (RAMS) PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:01pm. There being no verbal or written comments the public participation section was closed. APPROVAL OF AGENDA M /S /C (Sturgeon - Malmberg) that the January 11, 2011 agenda be approved as submitted. APPROVAL OF BOARD MEETING MINUTES FOR DECEMBER 14, 2010 M /S /C ( Malmberg- LeVesque) that the December 14, 2010 minutes be approved as submitted. DISBURSEMENTS M /S /C ( Malmberg- LeVesque) that the General Fund Disbursements #227021 through #227135 which were distributed during the period of December 22, 2010 through January 4, 2011, in the amount of $515,764.71 and Payroll and Benefit contributions for the period ended January 4, 2011 and included checks and direct deposits, in the amount of $231,808.98 totaling $747,573.69 be approved. Minutes 01/11/11 etb DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S AUDITED FINANCIAL STATEMENTS FOR 200912010 A detailed presentation of the District's audited financial statements for 2009/2010 was given by Mr. Scott Marine, of Rogers, Anderson, Malody & Scott. Corrections to page 28 of the financial statements regarding Envirogen and the initiated agreement date; Page 31 of the financial statements regarding eligibility for director benefits; page 42 of the financial statements regarding transposed amounts. M/S /C (LeVesque - Sturgeon) to accept the District's audited financial statements for 2009/2010 pending the corrections stated during discussion. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S HIRING FREEZE The General Manager reviewed the information regarding position vacancies; that he proposes the District replace two positions; that the positions are currently funded in the budget; that the positions be filled at an entry level with the requirement that certifications are completed in a timely manner. Vice President LeVesque inquired about the necessity of the Certification; suggests encouraging existing employees to advance; that contracting out for the positions would be beneficial given the state of the economy. Director Morales requested more information regarding the positions and benefits in order to base his decision. Director Sturgeon supports hiring an employee for the Engineering position and suggests looking into contracting for the meter reading and dig alert and recommends employees to cross train. Director Malmberg stated that there are advantages to both options of hiring new employees or to contract the positions; that he would like to see the cost comparison between both options; that this item be deferred to the next agenda. President Wilson supports the General Manager's recommendation. M (LeVesque) to hire a Water Service Worker and contract the Engineering position. The motion failed due to lack of a second. 2 Minutes 01 /11 /11 eth DISCUSSION AND POSSIBLE ACTION REGARDING THE FLOOD DAMAGED HOMES WITHIN THE DISTRICT'S BOUNDARIES Director Sturgeon referred to the Board's policy initiated to the damaged homes of the Old Fire that occurred a few years ago; that if homes were damaged during the recent floods the District should waive the final bill for those customers. President Wilson stated that criteria for waiving bills should be set; that the criteria be set for the homes that were red - tagged due to the recent flooding. M /S /C (Sturgeon- Malmberg) to waive the final bill for customers of the homes that were red - tagged as of January 11, 2011. Director Morales requested the General Manager to report on the District damages; if it is necessary for the District to make a proclamation of damages for funding to recover costs associated with the recent flooding. Mr. Sturdivan gave a brief update regarding the damages throughout the District; he explained the procedures that need to be followed in order to receive reimbursement from FEMA. The Board directed Mr. Buchwald and Mr. Tompkins to contact the City and get the number of red - tagged properties in the District. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF CONTRACT FOR PLANT 150 (ION EXCHANGE SYSTEM) Mr. Buchwald gave an update regarding Plant 150. M /S /C (Sturgeon - LeVesque) to award the contract for Plant 150 to Calgon Carbon Corporation. DIRECTORS' FEES AND EXPENSES FOR DECEMBER 2010 President Wilson stated that the December 4, 2010 item be removed from his expense report. M /S /C (LeVesque - Malmberg) to approve the Directors' Fees and Expenses for December 2010 with the noted change from President Wilson. GENERAL MANAGER /STAFF REPORTS The General Manager stated that a tentative date has been set for water quality testing at the Seven Oaks Dam; that Chromium 6 will be the next major issue for water agencies in California; that the ACWA Legislative Day is set for March 16, 2011; that Dr Mathis will be attending the February 8, 2011 Board meeting to discuss the Board strategic plan; that he attended the rate hearing for the City of San Bernardino Sewer; that the increase will be approximately $1 per residential home per month; that there was a 4 -3 vote with San Bernardino's council to approve 3 Minutes 01/11/11 etb the increase; that the District's draft 218 notice will be on the next agenda for consideration to proceed with the Proposition 218 notice process. Director Sturgeon stated the he is not in favor of the additional rate increase for the District's customers; that the Districts prior rate hearing includes an additional increase in October 2011; that the District may be able to defer the rate increase by decreasing budget expenses. The General Manager stated that if the Board does not move forward with the Proposition 218 process to increase the Districts sewer rate that it would cost the District an extreme amount of money to cover the City of San Bernardino's recent sewer rate increase. Mr. Tompkins will review options with the District's bond counsel. The General Manager will place this item on the next agenda for Board review. Mr. Tompkins stated that Customer Service Department was open on January 3, 2011; that Customer Service helped approximately 500 customers that day. Mr. Sturdivan stated that he will be attending a kick -off meeting regarding ArkSTORM. CONSULTANT REPORTS Ms Van Dijk gave a brief update on community affairs COMMITTEE REPORTS a. Legislative (Standing) — a meeting is scheduled for January 21, 2011. Director Morales stated that the Committee will be meeting with Senator Carter to give updates on the District's projects. b. Community Affairs (Standing) - No comments at this time. c. Policy (Ad -Hoc) - Director Morales stated that the Committee will be meeting January 12, 2011 to work on the Drug and Alcohol Policy and continue with the next policy for review. d. JPA (Ad -Hoc) — This committee met two weeks ago; the committee is dissolved and will re- assemble at a later date if necessary. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Malmberg stated that the Board is not proactive; that we need to look further down the road for items that affect the District especially regulations front DPH Director Sturgeon expressed thanks to the staff who worked on January 3, 2011; that on December 27, 2010, 256 customers approached the office which was closed for the holidays. President Wilson stated that the District has no control over the fijture contaminate regulations. 4 Minutes 01/11/11 etb The Board took a break at 4:46 pm The Board returned to session 4:55 pm CLOSED SESSION The Board entered into Closed Session at 4:55 p.m. as provided in the California Open Meeting Law. Government Code Section 54945.9(a), to discuss those items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session 5:16 p.m. The items listed on the agenda were discussed in closed session with no reportable action. ADJOURN The meeting was adjourned at 5:16 p.m. until the next regularly scheduled Board Meeting. George Wilson, President Robert E. Martin, Secretary Minutes 01 /11 /1l etb East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Subject : Disbursements Recommandation: Approve the attached list of accounts payable checks and payroll issued during the period January 5, 2011 through January 12, 2011. Background: Date January 25, 2011 Accounts payable checks are shown on the attached listing and include numbers 227136 to 227302 for A total of $1,143,094.82. The source of funds for this amount is as follows: Unrestricted Funds $1,143,094.82 Bond Financing State Financing Payroll and benefit contributions paid for this period totaled $185,207.95. 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Specifically, I proposed to fill the Associate Engineers position and one of three empty Water Service Worker positions. The Board asked for further information regarding the annual cost for filling these positions and the opportunities, if any, for contracting out these services. The annual costs for these positions are as follows: Associate Engineer (Mid Range) — Annual Direct Salary = $84,700 Benefits (57% Burden) = $48,300 Total Annual Cost = $133,000 Water Service Worker II (Mid Range) — Annual Direct Salary = $48,200 Benefits = $27,500 Total Annual Cost = $75,700 The numbers that I have provided for the Water Service Worker are for a Journey Level employee. Although we would typically hire at an entry level, our long term impacts are more appropriately evaluated based upon the Journey Level position. By maintaining the hiring freeze, the total annual savings for these four positions is $360,100. The annual cost of filling the two positions I have requested would be $208,700. The other question posed at our last Board meeting was regarding the possibilities of contracting out these services. The Engineering position is the one that could be most readily contracted for. We have made inquiries with one of our local firms and found that a mid -level billing rate for a staff engineer would be approximately $130 /hr. We would need to determine the number of days a week that we could reasonably expect to have this person working on our affairs. Assuming three days a week, the annual cost for contracting this position would be approximately $160,000 /year. The Water Service Worker positions, however, are not really suited for replacement by a contract employee. Instead, we would need to look at bringing Contractors on board to work on specific projects. This obviously involves an entire crew and their equipment. It is difficult, at this time, to put a cost to this option. I trust this information has been helpful. If you should have any other questions regarding this matter, please give me a call. Fiscal Impact: Included in current budget. DRUG FREE WORKPLACE POLICY EAST VALLEY WATER DISTRICT 3654 East Highland Ave. #18 Highland, CA 92346 (909) 888 -8986 TABLE OF CONTENTS SECTION I POLICY SECTION 2 FORMS SECTION 3 ABOUT DRUGS SECTION 4 GLOSSARY SECTION 5 EMPLOYEE. HANDOUTS EAST VALLEY WATER DISTRICT 3654 East Highland Ave. 918 Highland, CA 92346 (909) 888 -8986 11 DRUG FREE WORKPLACE —� POLICY East Valley Water District is committed to maintaining a safe, healthful and efficient working environment for all of its employees. Drug and alcohol abuse poses a serious threat to the District, our industry, our customers, and the general public with which we come in contact. Abuse of alcohol and /or any controlled substance can result in accidents on District property causing injury to other employees, accidents outside the premises causing injury to others, theft, poor relations with our customers, and other significant problems. Moreover, drug and alcohol abuse by some employees results in unnecessary Workers' Compensation claims, sick leave claims and other economic liability to the District. As a result, East Valley Water District has rewritten and updated the Drug and Alcohol Testing Program. If you have a problem with drugs and /or alcohol, tell us about it before it comes to the District's attention and you will be given a reasonable period of time off while you obtain rehabilitation. This program provides for a leave of absence prior to testing. Any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program must make a request prior to the commission of any act subject to disciplinary action or positive drug or alcohol test. The District will also make all reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has enrolled in an alcohol or drug rehabilitation program. We strongly encourage any employee with a drug and /or alcohol problem to voluntarily seek such assistance immediately, before it threatens to affect his or her job and/or the safety of themselves and others. All such requests will be kept confidential. COMPLIANCE East Valley Water District's policy is intended to comply with all state and federal laws governing drug and alcohol testing and is designed to safeguard employees' privacy rights to the fullest extent of the law. The District supports and complies with the Drug Free Workplace Act of 1988, the Omnibus Transportation Employee Testing Act of 1991 and the Department of Transportation - Federal Motor Carrier Safety Administration ( FMCSA) provisions for commercial drivers license (CDL). The FMCSA rules apply to safety- sensitive employees, who operate commercial motor vehicles requiring a CDL. • The unlawful manufacture, distribution, dispensation, possession, concealment, use, sale, transfer, or purchase of a controlled substance on District -owned or - controlled property, or in District -owned or - leased vehicles, or on any property while performing any District business, is strictly prohibited. EMPLOYEES SUBJECT TO TESTING Under East Valley Water District's drug and alcohol testing policy, current and prospective employees who work or would work in high -risk or safety- sensitive positions will be asked to submit to drug and alcohol testing. No prospective employee will be asked to submit to testing unless an offer of employment has been made. An offer of East Valley Water District, however, is conditional on the prospective employee testing negative for drugs and alcohol. Not all East Valley Water District employees will be asked to submit to drug and alcohol testing. Only those employees who meet the following safety sensitive criteria (example: job title, job duties, etc.): • All Class A and B Drivers • All New Hires in Safety- Sensitive Positions • See Aonendix "A" for Safety- Sensitive Positions TESTING CIRCUMSTANCES Pre -Emalovment • Pre - employment drug testing is required for positions noted as safety- sensitive. • The District must obtain a verified negative test result from the medical review officer before permitting the employee to perform any safety- sensitive duties. Post- Accident/Incident • Within 24 hours after an accident /incident, each covered employee must undergo drug and alcohol testing. • A covered employee who is subject to post - accident testing will remain readily available for testing or may be deemed by the District to have refused to submit to testing. • Attempts to conduct post- accident drug testing will cease (32) hours after the accident, even if no drug test has been conducted. • Attempts to conduct post- accident alcohol testing will cease (8) hours after the accident, even if no alcohol test has been conducted. Random • Covered employees will be selected for random drug and alcohol testing using a computer. based random selection program. • Random tests will be spaced throughout the year and will be unannounced. • Random testing may be conducted any time during any work shift, and may be conducted on any workday during the year. • An employee might be selected more than once or not at all in any given year. • Employees notified of selection for random testing must proceed immediately. to the testing site. Failure to immediately report for testing may be considered a refusal to submit to testing. Reasonable Suspicion • A covered employee must submit to a drug and /or alcohol test if the District has determined that reasonable suspicion exists, that the employee has violated the dru and /or alcohol misuse prohibitions. g use An employee who reports to work under the influence of alcohol or with illegal non- prescription drugs in their system or with such drugs in their possession will be subject to disciplinary action, up to and including termination. The District may require an employee to go to a medical clinic to provide specimens for laboratory testing when there is reasonable suspicion to believe that the employee has consumed and /or is under the influence of drugs and /or alcohol. • Reasonable suspicion is defined as suspicion by a trained supervisor's specific, contemporaneous observations concerning: (1) Appearance, (2) Behavior, (3) Speech, and /or (4) Breath Odor of the employee. The observations regarding alcohol misuse must be made just before, during, or just after the employee's performance of safety- sensitive duties. The employee will be provided transportation both to the clinic and to his /her home after providing the required specimens. If the employee refuses such transportation and attempts to drive his /her own vehicle, the District may notify the appropriate law enforcement agency that someone who is suspected to be under the influence of drugs or alcohol has left the District premises driving a motor vehicle. The District will do this for the protection of the employee and the general public. Reasonable Suspicion Continued Even if an alcohol test cannot be administered, no employee who is under the influence of or impaired by alcohol, as shown by physical, behavioral, speech, or performance indicators of alcohol misuse, should report for duty or remain on duty requiring the performance of safety- sensitive functions, nor will the District permit such an employee to report for or remain on duty, until a test can be administered and the result is below 0.02 or until the commencement of the employee's next duty period if at least 24 hours has elapsed. Return to Duty • Before a covered employee returns to duty in a safety- sensitive function after engaging in prohibited conduct, he or she must undergo a return to duty test. The employee cannot perform a safety- sensitive function until an alcohol test result indicating an alcohol concentration of less than 0.02 and/or a verified negative drug test is obtained. An employee may be required to undergo both drug and alcohol return to duty testing after a violation (whether drug- or alcohol- related) if the Substance Abuse Professional (SAP) determines that testing for both is necessary for that particular employee. Follow -Up • Each covered employee, who has been identified by a Substance Abuse Professional (SAP) as needing assistance in resolving a problem with drug use or alcohol misuse and who has returned to duty performing a safety- sensitive function, will be subject to follow -up testing. • Follow -up tests will be unannounced and at least 6 tests must be conducted in the first 12 months after the employee is back on the job. Follow -up testing may continue for up to 60 months. • The schedule for follow -up drug and /or alcohol testing is established by a SAP. An employee may be required to undergo both drug and alcohol follow -up testing after a violation (whether drug- or alcohol - related) if the SAP determines that testing for both is necessary for that particular employee. TESTED SUBSTANCES East Valley Water District will test for the following alcohol and drug classes: Blood Alcohol, Marijuana, Cocaine, Amphetamines, Opiates and Phencyclidine. If an employee is taking a prescription medication in the appropriate described manner, he /she will not be disciplined. Medications prescribed for another individual, not the employee, shall be considered to be illegally used and subject the employee to disciplinary action. REFUSAL TO SUBMIT TO TESTING Covered employees may not refuse to submit to a required drug or alcohol test. The District will not permit an employee who refuses to submit to such a test to perform or continue to perform safety - sensitive functions. Refusal to submit to testing may result in disciplinary action including termination. Refusal to submit to testing means that the employee: failed to provide adequate breath for alcohol testing or urine for drug testing after receiving notice of the requirement to be tested without a valid medical explanation for the failure, OR • engaged in conduct that clearly obstructs the testing process (including, but not limited to, specimen adulteration or substitution, spitting in a breath tube, etc.) PROCEDURES FOR DRUGAND ALCOHOL TESTING Testing for drugs and alcohol required under this policy will be performed by a laboratory retained by the District that is properly licensed or certified. Drue Testine Collection 1) The specimen collection process is designed to protect employee privacy and individual dignity. Each specimen collected will be subdivided into two portions (called "primary" and "split "). 2) Professional collectors are used to collect the specimens, and all specimens are sent to a laboratory certified by the Department of Health and Human Services. The collector must verify the donor's identification, and can be required to provide his/her identification to the donor on request. 3) Chain of custody is maintained on the specimen from the time of collection throughout the analysis to ensure that the results are attributed to the correct employee and that the specimen is properly handled. Split Specimen Analysis 1) At the time the MRO tells the donor that the specimen has been confirmed as positive by the laboratory, the MRO will also advise the donor of the right to obtain an analysis of the split specimen at a second laboratory that has been designated by the District. 2) The donor has until (72) hours after the donor has been advised that the MRO has verified the test as positive to compel the analysis of the split specimen. 3) The District will be responsible for the costs of collecting the split specimen and for analysis of the primary specimen; however, the donor will be responsible for the costs associated with the split specimen, including shipping, analysis, and MRO review. Payment must be made to the MRO. 4) If the split specimen is inadequate or unsuitable for testing, unavailable, or if it fails to reconfirm the presence of the drug at the level of detection, the entire test will be cancelled. Alcohol Testin Breath Analysis 1) All testing is conducted using Evidential Breath Testing devices (EBTs) operated by trained Breath Alcohol Technicians (BATS). MEDICAL REVIEW OFFICER (MROI The Medical Review Officer (MRO) shall be a licensed physician with knowledge of substance abuse disorders. The MRO shall review and interpret confirmed positive test results from the laboratory and shall examine alternate medical explanations for such positive tests. Prior to the final decision to verify a positive drug test result, all employees shall have the opportunity to discuss the results with the MRO by telephone. If the employee has not discussed the results of the positive specimen test with the MRO within five (5) days after being contacted, or refuses the opportunity to do so, the MRO will proceed with the positive verification. DISCIPLINARYACTIONBASED ONPOSITIVE TESTRESULTS Any violation of this Alcohol and Drug Policy will be grounds for immediate disciplinary action up to and including immediate termination. The District reserves the right, at its sole discretion, to determine the appropriate penalty to be assessed. LEAVE OFABSENCE PRIOR TO TESTING 1) An employee shall be permitted to take leave of absence for the purpose of undergoing alcoholism or drug use treatment pursuant to an approved program. The leave of absence must be requested prior to the drug/alcohol problem coming to the employer's attention, raising a reasonable suspicion, the commission of any act subject to disciplinary action, or prior to being selected to testing. 2) Such leave of absence shall be subject to the District's Drug and Alcohol Rehabilitation Leave Policy. 3) The provisions of this section shall not apply to probationary or temporary employees. DRUG AND ALCOHOL REHABILITATION LEAVE East Valley Water District will assist employees who recognize that they have a problem with drugs or alcohol that may interfere with their ability to perform their job in a satisfactory manner. Employees who have a problem with drugs or alcohol and who decide to enroll voluntarily (prior to District- initiated testing) in a drug or alcohol rehabilitation program will be given unpaid time off or may utilize their sick leave /vacation time to participate in the program. (1) An employee shall be permitted to take leave of absence for the purpose of undergoing treatment pursuant to an approved program of alcoholism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action. (2) Such leave of absence shall be granted on a one -time basis and shall be for a maximum of sixty (60) Calendar days unless extended by mutual agreement. (3) The employee must report to the Human Resources Department on a monthly basis by certified mail a written report that he or she is satisfactorily participating in a valid rehabilitation program (report must be signed by said program Director). Failure to provide such a report may result in termination of the leave of absence and discharge of the employee. (4) The provisions of this Section will not apply to probationary or temporary employees. If an employee requests time off to participate in such a program, the District will make reasonable efforts to keep the employee's enrollment in the program confidential. A "Vacation/ Sick Leave of Absence" form must be completed. EMPLOYEE QUESTIONS OR COMPLAINTS CONCERNING THE TESTING PROGRAM Any question or complaint concerning the administration of the testing program may be submitted, in writing and signed, to an employee's immediate supervisor for handling. If the question or complaint involves someone in the employee's direct line of command, the employee may instead submit the written question or complaint directly to the Human Resources Department. The employee's supervisor, or, if necessary, the Department head will promptly investigate the factual basis of any such complaints, and will answer any such questions insofar as possible. If the General Manager determines that corrective action is appropriate, the District will take such action. Every effort will be made to preserve the confidentiality of the employee during this entire process and no District retaliation will result from the emplovee's participation. Pre - Employment Drug & Alcohol Testing Job Classifications Accounting Specialist I* Accounting Specialist II* Accounting Supervisor* Administrative Manger* Administrative Office Specialist II* Assistant District Engineer* Associate Engineer* Chief Financial Officer* Customer Operations Supervisor* Customer Service Representative I Customer Service Representative II District Engineer* Engineering Executive Assistant* Engineering Technician I* Engineering Technician II* Equipment Mechanic I* Equipment Mechanic II* Executive Assistant* General Manager* Heavy Equipment Operator* Information Systems Coordinator* Lead Equipment Mechanic* Lead Meter Service Worker* Lead Storekeeper /Buyer* Lead Water Production Operator* Lead Water Service Worker* Lead Water Service Worker /Welder* Lead Water Treatment Plant Operator* Meter Service Worker I* Meter Service Worker II* Meter Shop Supervisor* Office Specialist I Office Specialist 11 Safety and Regulatory Director* Senior Customer Service Representative* Senior Engineering Technician* Senior Information Systems Coordinator* Storekeeper /Buyer I* Storekeeper/Buyer II* Water Production Operator I* Water Production Operator II* Water Production Superintendent* Water Production Supervisor* Water Quality Supervisor* Water Quality Technician II* Water Service Superintendent* Water Service Supervisor* Water Service Worker I* Water Service Worker II* * Safety Sensitive (Physical danger to public or employees) - requires a pre- employment drug and alcohol test East Valley Water District Board Memorandum No. B -04 -2011 Date: January 25, 2011 From: Brian W. Tompkins, CFO /Treasurer Subject: City of San Bernardino sewer treatment rates increase Recommendation: Information only Background: At the last regular board meeting, the General Manager reported that the City of San Bernardino had increased sewer treatment rates at the City Council meeting held the previous evening (January 10'h), and asked the board for direction regarding the District's response to the increased rates. One proposal from the board was to not raise rates, and instead absorb the difference between sewer treatment charges we collect from our customers, and sewer treatment charges we must remit monthly to the City of San Bernardino. The District previously chose this course of action for the period July through October, 2010 during which the monthly deficit was approximately $30,000 / month. The finance department staff has performed calculations to estimate the amount of the monthly deficit that will result should the District choose not to implement the City's current rate increase. Calculations were performed using September 2010 and December 2010 consumption figures in order to show the affect at varying levels of consumption by commercial customers. As shown on the attached worksheets, the monthly deficit could range widely from $39 to $52 thousand. Therefore, depending on the month in which the District must start making remittance to the City based on the new rates, the impact on this fiscal year should be in the range of $90,000 to $160,000. Thereafter, the impact would be $40,000 to $50,000 per month until a rate increase was to be adopted. Other factors to consider are the allocation of rate increases and the District's responsibility to bondholders. The rate increase is not an across the board increase, but an increase that affects customer classes differently based on flow studies performed by the City's engineering consultants. As a result of the studies, single family residential and retail /office customers were assessed rate increases of around 5 %, while multi - family complexes, schools, and restaurants were assessed increases of 16% to 18% apparently to bring rates into alignment with the cost of service versus charge for services analysis in the engineer's report. With the issue of the 2010 Revenue Bonds, the District's sewer department took on responsibility to bondholders, specifically, to meet a debt service coverage ratio of 1.2. This should not present a problem as projections included in the official statement estimated that the sewer department's coverage for 2010 -11 would be 36.35. The other concern was that representations were made to the ratings agencies that the District has a policy of adopting sewer treatment rate increases passed by the City. Bond council was asked to, and did, review the bond documents and determined that no representations were made but that the documents simply stated that adopting City sewer treatment rates has been a practice in the past. The District's only responsibility is to adopt rates and charges sufficient to meet the 1.2 coverage. Fiscal Impact: Up to $160,000 (2010 -11 fiscal year) d 0 0 O 0 O O O O O O O O O U V co R (0 0 N O V V (O O N 00 0 w V M M M O (O W .- O N N O O O O O O O O (O O O O O (O 0 O 00 00 (O .- W O 0 0) O O O O N 69 N M 0 V r-: m O (1; M O O O 00 0 lfl d O O O O O O O O O O O O r 0) N =o N N N N N N N N N N N N d' O O O O O O O O O O O O W m O O O O 0 O O O O O 0 O 0) N N N N N N N N N N N N N O Z a' N N N N N N N N N N N N O -0 2 O O O O O O O O O O O O O O O O O O O O O O O O w N N N N N N N N N N N N > 0) V r W N co 0 0) .O- r C14 V w V M O N O O O O O O O O (O O O O O (O 0 O 00 00 (O .- W O 0 0) O O O O 0 N M 0 V r-: m O (1; M O O O 00 M M al (O O V 1 O f� r 0) tr_ M R C6 (A W EA 0) N (O O 10 O O O O O (O O O O O t4 C r r Cl) I — N O N M O O O O N V 0) O O (O O O O O (O (O O O O O N t6 7 O M V O 0) 0 Cl) l0 M M O Z N N .-- N O .- .- N .- r 1� O) (O O O O O O O (O O O O O O N 0) 0) O (n 0) 0) O N M M O W O r N .- r O .- O N LL O 00 00 0 0) 0) 00 (O U W co r N cq = -7 (NO 000 N 000 m 0 O O ^ 1 0 I M r M Cl) N >+ .� @ a) d N D r0 �0 0 U Z U m c m N r w N J O m > 0 m V1 N d O E O 0 U U U) C O O d U a w 0 to a d U C d 0 is O H W O O O O O O CD O O O O O CD U O O It O W N O V' V O N N O O O W V N O W M M O u0 W to O O O N N it N N O O to O O Cl O O O O O O O t0 U 69 N 0 M M V O O CD O O O O N tC O O O O O O O O O O O O N ,Q N N N N N N N N N N N N Q' O O O O O O O O O O O O N O O O O O O O O O O O O 3-�6 N N N N N N N N N N N N ZQ' N N N N N N N N N N N N -O N O O O O O O O O O O O O O O O O O O O O O O O O O QO' N N N N N N N N N N N N co to W t0 O) M d V C L m O H co O V 0 I. N to > O Oi .- N Cn Cl) O it N O O to O O Cl O O O O O O O t0 U N N 0 M M V O O CD O O O O C O O C` N 6 O O O O O O O N (O V O t- M N W (D (U 'Q (fJ N .-- C CD n co M co r of m Vj N CD (O O Cn O O O O O (O O O O O m U r r M — '- N O N M CO O O O O O O O O O 0 .-- N (U O O (O O O O O 0 CO O O O O N O M V O O) (O M (O m M O Z N N r N 6 N r r - r N 0 O O O O 0) O O O 0 N m m 0 0 0 Q O r N r 1 O N r (6 (L W LO CO M N O M V M O N (� O I M N N c0 CD O M Lr) C M (O V Cl) h .- CO .- N U') N S CP In O) r ti M r W T N N c6 N N y N C5 E O (U Q O n o Yp d m E E o (� o w @ O (U >m ? 7 O C S -00 ._ 0 .5 o O Q' p N c J O N > m — N E C6 O O O CD O C7 N d O m U _U E U (/ o O � (D Q U O O d O Q co to W t0 O) M d V C L m O H East Valley Water District Notice of Public Hearing Proposed Sewer Treatment Rate Increase Article XIIID of the California Constitution requires the East Valley Water District (EVWD) to send notification of a proposed rate increase to all owners and tenants of real property within EVWD's service area who would be directly liable to pay for water and / or sewer service to the property at least 45 days prior to a public hearing at which adoption of the proposed rate increases will be considered. Please be advised that this document shall serve as formal notification to you that EVWD's Board of Directors will hold a Public Hearing on the proposed increases described herein on Wednesday, March 23`d , 2011, at 6 pm in the City of Highland Council Chambers located at 27215 E Baseline Street, Highland, California. Why Sewer Treatment Rates are Rising The East Valley Water District provides sewer treatment service to customers within its service area in accordance with a 1957 Joint Powers Agreement (JPA), as amended, with the City of San Bernardino. Under the JPA, wastewater collected by the District's sewer mains is conveyed to the City of San Bernardino Treatment Plant for treatment. The JPA also stipulates that the City and District will adopt uniform ordinances affixing sewer treatment charges for customers within their respective service areas, and that the rate setting body will be the City Council of the City of San Bernardino. On January 10, 2011, the San Bernardino City Council held a public hearing to review the findings of a rate study performed by the engineering firm of R.W. Beck. Based on that study, the City of San Bernardino Water Department staff recommended that the Council approve a two step sewer treatment rate increase, with incremental increases to become effective on February 1, 2011 and January 1, 2012. The rate increases recommended by Water Department staff were approved. Copies of the R.W. Beck study and the City Water Department staff report are available on the EVWD's website. Protesting Proposed Rate Increases Property owners and tenants of real property within the District who are directly liable to pay sewer bills and who are opposed to the proposed rate increases described herein may file a written and signed protest with the District Secretary prior to the close of the public hearing. Protests must be submitted in writing even if you plan to attend the hearing. Written protests must include: (1) a description of the property owned, or being rented, sufficient to identify the property (the service address shown on this mailing is sufficient); (2) your East Valley Water District utility account number, (3) and a statement identifying you as owner of record or tenant. If you own or rent more than one parcel within the District, you may file a single protest, but it must identify each parcel you own or rent. Written protests may be mailed to: East Valley Water District Attn: District Secretary P.O. Box 3427 San Bernardino, CA 92413 Written protests may also be mailed or delivered in person to East Valley Water District, District Secretary, 3654 E. Highland Avenue, Suite 18, Highland, California 92346. Written protests may also be presented to the District Secretary of the East Valley Water District prior to the close of the public hearing on March 23`d, 2011 The District Board of Directors will consider all protests received. If a majority of property owners and tenants of real property directly liable for paying water bills file written protests in opposition to the rate increases, the increases will not be imposed. Residential sewer treatment charges: Monthly fixed charge Commercial sewer treatment charges: Monthly fixed charge Volume charges (per HCF of water used) Multi- family (4+ units, incl. MHP) Commercial/Retail /Light Industrial Restaurants, motels w /restaurants Laundromats Dry Cleaners Schools, Daycare, Churches Offices, Motels w/o Restaurants Hospitals, Convalescent Homes Auto Repair / Service / Wash Current Proposed Rates Rates Phase in of Proposed Rates April 1. Jan 1, 2011 2012 $16.00 $18.50 $1'7.00 $18.50 $2.00 $2.50 $2.25 $2.50 .95 1.40 1.25 1.40 1.90 2.20 2.10 2.20 2.00 2.70 2.35 2.70 1.30 1.50 1.40 1.50 1.90 2.20 2.10 2.20 .70 1.10 .90 1.10 1.50 1.50 1.50 1.50 .95 1.35 1.15 1.35 1.30 1.30 130 1.30 RESOLUTION NO. 2011.01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING POLICIES FOR ITS COMPENSATION, REIMBURSEMENT, ETHICS AND SEXUAL HARASSMENT TRAINING, AND INSURANCE COVERAGE WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District ( "the District") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ( "the Board ") whose activities are subject to the requirements of California law, including but not limited to the "Local Government Sunshine Bill" ( "AB 1234 "), which took effect on January 1, 2006. C. The purpose of this resolution is to ensure compliance with AB 1234 and to establish policies with respect to (1) Board member compensation, (2) Board member reimbursement, (3) Board member ethics training, (4) Board member sexual harassment training, and (5) Board member insurance coverage. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the East Valley Water District as follows: Section 1. COMPENSATION. I.I. Amount. The amount of Board member compensation paid by the District shall be determined in accordance with all applicable requirements of the California Water Code. Pursuant to said requirements, the Board shall set the rate of such compensation for a day's service, and shall set the maximum number of day's service for which a Board member may receive compensation each month from the District, by adoption of a separate ordinance. 1.2. Day's Service. 1.2.1. Meetings. For purposes of determining Board member entitlement to compensation under the ordinance referenced in Section 1.1 of this Resolution, the term "day's service" is defined as attendance or participation of a Board member. in person or by telephone, at an eligible meeting with one or more other parties for the performance of official duties on behalf of the District. An "eligible meeting" as used herein includes, but is not limited to, the following: (a) Any occurrence that is listed in Government Code Section 53232.1(a); (b) A regular, special, or emergency meeting of the Board; (c) A meeting of a standing, ad hoc, or advisory committee of the Board; (d) A meeting with the District's General Manager involving the operations of the District; (e) A meeting of organizations with interests in matters involving the functions and operations of the District; (f) A conference, seminar, or organized educational activity involving matters related to the functions and operations of the District; and (g) All other occurrences for which the Board member has obtained prior approval from the Board to attend or participate on behalf of the District. 1.2.2. Daily Limitation. If a Board member attends or participates in multiple meetings in a single day, the Board member shall only be entitled to compensation for one eligible meeting on that day. 1.2.3. Ineligible Meetings. Meetings that would not generally be considered an eligible meeting for purposes of Board member entitlement to District compensation under the ordinance referenced in Section 1.1 of this Resolution shall include social gatherings, picnics, awards 4 banquets, holiday events, retirement dinners, and similar functions, unless previously pre- approved by the Board. 1.3. Procedure. To receive compensation for attendance or participation at eligible and/or approved meetings, a Board member shall submit to the District's General Manager a payment request for the calendar month by noon Tuesday preceding the first regular Board meeting of the following month, at which time the Board will consider approval of the payment request. Payment requests that are not timely filed will be considered at a subsequent Board meeting. Section 2. REIMBURSEMENT. The District shall reimburse Board members for costs incurred related to attendance or participation at eligible and/or approved meetings as defined in Section 1 of this Resolution, as provided herein. 2.1. Eheible Expenses. Expenses eligible for reimbursement shall be limited to (1) registration or tuition costs, or other charges for participation at the meeting; (2) transportation to and from the meeting, including airfare, car rental, or mileage for use of a Board member's own automobile, and other miscellaneous transportation costs (shuttle, taxi, parking, etc.); (3) lodging at the single -room rate; and (4) reasonable costs of meals. 2.2. Budeet Limits. The maximum amount of District -paid expenses that each Board member may annually incur without separate prior Board approval is $8,000 each fiscal year. Expenses incurred by the District that are unused by a Board member requesting District payment thereof may be charged back to that individual Board member at the discretion of the Board. 2.3. Rates. 2.3.1. Registration. Tuition. and Meeting Charges. The District reimbursement rate for registration or tuition costs, or other charges for participation at a meeting, shall be the actual 3 amount incurred. 2.3.2. Transportation. (a) Members of the Board must use government and group rates offered by a provider of transportation services for travel when available. If such rates are not available, the District reimbursement rate for Board member transportation shall be the actual amount incurred, not to exceed $100.00 per day's service (except for airfare, which shal I not exceed the cost of round -trip coach airfare). (b) The District reimbursement rate for mileage by use of a Board member's own vehicle shall be calculated on the basis of total miles driven for District purposes at the rate specified in the Internal Revenue Code in effect at the time of the vehicle usage. (c) The District reimbursement rate for vehicle parking by a Board member shall be the actual amount incurred. 2.3.3. LodeinQ. Members of the Board must use government and group rates offered by a provider of lodging services when available. If the lodging is in connection with an accepted conference or organized educational activity, lodging costs must not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of the Board at the time of booking. If a government or group rate is not available, the District reimbursement rate for Board member lodging shall be the actual amount incurred, not to exceed the rate for comparable lodging. 2.3.4. Meals. The District reimbursement rate for Board member meals shall be the actual amount incurred, not to exceed $125.00 per day's service. 2.3.5. Other. District reimbursement of all other actual and necessary expenses incurred by a Board member shall be computed using the applicable Internal Revenue Service rates for reimbursement as established in Publication 463, or any successor publication. All expenses that do not fall within this reimbursement policy or the Internal Revenue Service reimbursable rates, as provided above, shall be approved by the Board in a public meeting before the expense is incurred. If a Board member chooses to incur additional costs that are above the rates established herein, and those costs have not been approved by the Board in a public meeting before the expense is incurred, then the Board member may do so at his or her own expense. 2.4. Ineli¢ible Expenses. Board members shall not be eligible for District reimbursement of any expenses that are incurred in connection with an ineligible meeting described in Section 1.2.3 of this Resolution, nor for any expenses that are otherwise incurred by any person traveling or attending a meeting as a guest of the Board member. No Board member shall be eligible for District reimbursement of any expenses for personal services not related to District business. 2.5. Expense Forms. The District shall provide expense report forms to be filed by the members of the Board for reimbursement for actual and necessary expenses incurred on behalf of the District in the performance of official duties. The expense reports shall document that expenses meet the policy reflected in this Resolution for expenditure of public resources. Board members shall submit to the District's General Manager expense reports for the calendar month by noon Thursday preceding the first regular Board meeting of the following month, and the reports shall be accompanied by the receipts documenting each expense. At the first regular Board meeting of each month, the Board will consider approval of District reimbursement of Board member expenses incurred during the previous month as reflected in the timely -filed expense reports. Expense reports that are not timely filed will be considered at a subsequent Board meeting. All documents related to reimbursable District expenditures are public records subject to disclosure under the California Public Records Act. 2.6. Report. Board members shall provide brief reports on meetings attended at the expense of the District at the next regular meeting of the Board. Section 3. ETHICS TRAINING. 3.1. Requirement. 3.1.1. Service Prior To Effective Date. Each local agency official in District service as of the effective date of this Resolution must receive training in ethics laws at least once every two years. 3.1.2. Service On Or After Effective Date. Each local agency official who commences service with the District on or after the effective date of this Resolution must receive training in ethics laws no later than six months from the first day of service with the District. Thereafter, each local agency official must receive such training at least once every two years. 3.2. Application. 3.2.1. Local Agency Official. As used in Section 3.1 of this Resolution, the term "local agency official" means all of the following: (a) All Board members; and (b) All executive staff of the District. 3.2.2. Ethics Laws. As used in Section 3.1 of this Resolution, the phrase "ethics laws" includes, but is not limited to, the following: (a) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict -of- interest laws; (b) Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds. mass mailing restrictions, and 3 prohibitions against acceptance of free or discounted transportation by transportation companies; (c) Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws; and (d) Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members. 3.3. District Responsibilities. 3.3.1. Records. The District shall maintain records indicating (a) the dates that local agency officials satisfied the requirements of Section 3 of this Resolution and (b) the entity that provided the training. The District shall maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act. 3.3.2. Notice. The District is required to provide information on training available to meet the requirements of Section 3 of this Resolution to its local agency officials at least once annually. Section 4. SEXUAL HARASSMENT TRAINING. 4.1. Requirement. 4.1.1. Service Prior To Effective Date. Each Board member in District service as of the effective date of this Resolution must participate in the District's program of providing at least two hours of classroom or other effective interactive training and education regarding sexual harassment to its supervisory employees at least once every two years. 4.1.2. Service On Or After Effective Date. Each Board member who commences 7 service with the District on or after the effective date of this Resolution must participate in the District's program of providing at least two hours of classroom or other effective interactive training and education regarding sexual harassment to its supervisory employees no later than six months from the first day of service with the District. Thereafter, each Board member must participate in such training at least once every two years. 4.2. District Responsibilities. The training and education required by Section 4 of this Resolution shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing District supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers and educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Section 5. INSURANCE COVERAGE FOR BOARD MEMBERS. 5.1 Current Directors. Pursuant to California Water Code Section 31008 and the applicable provisions of California Government Code Section 53200 - 53210, the District, subject to such terms and conditions as may be established by the Board, shall make health and welfare benefits available to its active Board members and their spouses and dependent children under the age of 21, dependent children under the age of 25 who are full -time students at a college or university, and dependent children regardless of age who are physically or mentally incapacitated (collectively, "Dependents "). The District shall pay the costs of such insurance coverage for those Board members and their spouses and Dependents who elect to accept said benefits, during the period of time that such Board members are serving in office as Board members of the District. Effective January 1, H 2009, the health and welfare benefits made available under this Section shall not exceed the level of insurance benefits provided by the District to its regular full -time employees. 5.2. Former Directors. 5.2.1. Continuation of District -Paid Benefits. (a) Pursuant to the requirements of California Government Code Sections 53200 -53210 and the policy adopted by the Board by minute action on November 28, 1988, and subsequently clarified by minute action on February 13, 2007, the District, subject to such terms and conditions as may be established by the Board, shall pay the costs of health and dental insurance coverage to former Board members who (a) elect to accept such benefits, (b) served in office after January 1, 1981, (c) were not first elected to a term of office that began on or after January 1, 1995, and (d) served not less than 12 years on the Board at the time of termination. (b) Pursuant to the requirements of California Government Code Sections 53200 - 53210, the District, subject to such terms and conditions as may be established by the Board, shall pay all, or such portion as the Board may elect, of the premiums, dues, or other charges for health and welfare benefits of those former Board members, and the spouses and Dependents of such former Board members for whom those health and welfare benefits have been provided by the District, who elect to accept such benefits and were Board members who (a) were first elected or appointed to the Board prior to July 1, 1994, and are thus not otherwise excluded from membership in the Public Employees Retirement System ( "PERS "), (b) obtained membership in PERS due to their membership on the Board, (c) are eligible to retire from membership in PERS, and (d) formally retire from membership in PERS. 5.2.2. Continuation of Self -Paid Benefits. Pursuant to the requirements of California Government Code Sections 53200 - 53210, the District, subject to such terms and conditions as may be established by the Board, shall make health and welfare benefits available to its former Board members who do not meet the requirements of subsections (a) or (b) of Section 5.2.1 above, and to the spouses and Dependents of such former Board members. who agree to and do pay the full costs of such insurance coverage and otherwise participate on a self -pay basis, and who satisfy any and all additional eligibility requirements imposed by PERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such participants upon election, shall be the same as is set forth for the continuation of benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985. Section 6. REVIEW OF RESOLUTION. At times deemed appropriate by the Board, the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District's General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Section 7. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 8. EFFECTIVE DATE. The provisions of this Resolution shall become effective upon adoption and shall supersede the provisions of Resolution No. 2009.22 adopted by the Board or, November 24, 2009. 10 Adopted this 25`h day of January, 2011. AYES: NOES: ABSTAIN: ABSENT: ATTEST: Secretary, Board of Directors 11 President, Board of Directors RESOLUTION NO. 20] 1, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING POLICIES FOR ITS COMPENSATION, REIMBURSEMENT, ETHICS AND SEXUAL HARASSMENT TRAINING, AND INSURANCE COVERAGE WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District (" theDistrict") isa county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ( "the Board ") whose activities are subject to the requirements of California law, including but not limited to the "Local Government Sunshine Bill' ( "AB 1234 "), which took effect on January 1, 2006. C. The purpose of this resolution is to ensure compliance with AB 1234 and to establish policies with respect to (1) Board member compensation, (2) Board member reimbursement, (3) Board member ethics training, (4) Board member sexual harassment training, and (5) Board member insurance coverage. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the East Valley Water District as follows: Section 1. COMPENSATION. 1.1. Amount. The amount of Board member compensation paid by the District shall be determined in accordance with all applicable requirements of the California Water Code. Pursuant to said requirements, the Board shall set the rate of such compensation for a day's service, and shall set the maximum number of day's service for which a Board member may receive compensation each month from the District, by adoption of a separate ordinance. Deleted: 2 Deleted:ll _ —� 1.2. Day's Service. 1.2.1. Meetines. For purposes of determining Board member entitlement to compensation under the ordinance referenced in Section 1.1 of this Resolution, the term "day's service" is defined as attendance or participation of a Board member, in person or b} telephone, at an eligible meeting with one or more other parties for the performance of official duties on behalf ofthe District. An "eligible meeting" as used herein includes, but is not limited to, the following: (a) Any occurrence that is listed in Government Code Section 53232.1(a); (b) A regular, special, or emergency meeting of the Board: (c) A meeting of a standing, ad hoc, or advisory committee of the Board; (d) A meeting with the District's General Manager involving the operations of the District; (e) A meeting of organizations with interests in matters involving the functions and operations of the District; (f) A conference, seminar, or organized educational acti%iry involving matters related to the functions and operations of the District; and (g) All other occurrences for which the Board member has obtained prior approval from the Board to attend or participate on behalf of the District. 1.2.2. Daily Limitation. If a Board member attends or participates in multiple meetings in a single day, the Board member shall only be entitled to compensation for one eligible meeting on that day. 1.2.3. Ineligible Meetines. Meetings that would not generally be considered an eligible meeting for purposes of Board member entitlement to District compensation under the Deleted: DistrT pm,,d ordinance referenced in Section 1.1 of this Resolution shall include social gatherings, picnics, awards . 2 banquets, holiday events, retirement dinners, and similar functions, unless previously pre- approved by the Board. 1.3. Procedure. To receive compensation for attendance or participation at eligible and/or approved meetings, a Board member shall submit to the District's General Manager a payment IMeted.'Mu dey —� request for the calendar month by noon Tug esdav preceding the first regular Board meeting of the following month, at which time the Board will consider approval of the payment request. Payment requests that are not timely filed will be considered at a subsequent Board meeting. Section 2. REIMBURSEMENT. The District shall reimburse Board members for costs incurred related to attendance or participation at eligible and/or approved meetings as defined in Section I of this Resolution, as provided herein. 2.1. Elieible Expenses. Expenses eligible for reimbursement shall be limited to (1) registration or tuition costs, or other charges for participation at the meeting; (2) transportation to and from the meeting, including airfare, car rental, or mileage for use of a Board member's own automobile, and other miscellaneous transportation costs (shuttle, taxi, parking, etc.); (3) lodging at the single -room rate; and (4) reasonable costs of meals. 2.2. Budeet Limits. The maximum amount of District -paid expenses that each Board member may annually incur without separate prior Board approval is $8,000 each fiscal year. Expenses incurred by the District that are unused by a Board member requesting District payment thereof may be charged back to that individual Board member at the discretion of the Board. 2.3. Rates. 2.3.1. Reeistration. Tuition. and Meeting Charges. The District reimbursement rate for registration or tuition costs, or other charges for participation at a meeting, shall be the actual 3 amount incurred. 2.3.2. Transportation. (a) Members of the Board must use government and group rates offered by a provider of transportation services for tratel when available. If such rates are not available, the District reimbursement rate for Board member transportation shall be the actual amount incurred, not to exceed $100.00 per day's service (except for airfare, which shall not exceed the cost of round -trip coach airfare). (b) The District reimbursement rate for mileage by use of a Board member's own vehicle shall be calculated on the basis of total miles driven for District purposes at the rate specified in the Internal Revenue Code in effect at the time of the vehicle usage. (c) The District reimbursement rate for vehicle parking by a Board member shall be the actual amount incurred. 2.3.3. Lodging. Members of the Board must use government and group rates offered by a provider of lodging services when available. If the lodging is in connection with an accepted conference or organized educational activity, lodging costs must not exceed the maximum group rate published bythe conference or activity sponsor, provided that lodging at the group rate is available to the member of the Board at the time of booking. If a government or group rate is not available, the District reimbursement rate for Board member lodging shall be the actual amount incurred, not to exceed the rate for comparable lodging. 2.34. Meals. The District reimbursement rate for Board member meals shall be the actual amount incurred, not to exceed $125.00 per day's service. 2.3.5. Other. District reimbursement of all other actual and necessary expenses incurred by a Board member shall be computed using the applicable Internal Revenue Service rates 4 for reimbursement as established in Publication 463, or any successor publication. All expenses that do not fall within this reimbursement policy or the Internal Revenue Service reimbursable rates, as provided above, shall be approved by the Board in a public meeting before the expense is incurred. If a Board member chooses to incur additional costs that are above the rates established herein, and those costs have not been approved by the Board in a public meeting before the expense is incurred, then the Board member may do so at his or her own expense. 2.4. Ineligible Expenses. Board members shall not be eligible for District reimbursement of any expenses that are incurred in connection with an ineligible meeting described in Section 1.2.3 of this Resolution, nor for any expenses that are otherwise incurred by any person traveling or attending a meeting as a guest of the Board member. No Board member shall be eligible for District reimbursement of any expenses for personal services not related to District business. 2.5. Expense Forms. The District shall provide expense report forms to be filed by the members of the Board for reimbursement for actual and necessary expenses incurred on behalf of the District in the performance of official duties. The expense reports shall document that expenses meet the policy reflected in this Resolution for expenditure of public resources. Board members shall submit to the District's General Manager expense reports for the calendar month by noon Thursday preceding the first regular Board meeting of the following month, and the reports shall be accompanied by the receipts documenting each expense. At the first regular Board meeting of each month, the Board will consider approval of District reimbursement of Board member expenses incurred during the previous month as reflected in the timely -filed expense reports. Expense reports that are not timely filed will be considered at a subsequent Board meeting. All documents related to reimbursable District expenditures are public records subject to disclosure under the California Public Records Act. 2.6. Report. Board members shall provide brief reports on meetings attended at the expense of the District at the next regular meeting of the Board. Section 3. ETHICS TRAINING. 3.1. Requirement. Deleted: L 3.1.1. Service Prior To.Effective Date. Each local agency official in District service . Deleted: January 1, 2006, except for as oflhe effective date of this Resolution must receive training in ethics laws at least once every two Board a McMbCTi use term oroflice ends Deleted: before January 1, 2007. years. Thereafter, each local agency official must receive such roaming 3.1.2. Service On Or After -Effective Date. Each local agency . official who Deleted' 2M Deleted: January 1, 2006, commences service with the District on or after }he effective date of this Resolution must receive . Deleted: one year training in ethics laws no later than Six months from the first day of service with the District. Thereafter, each local agency official must receive such training at least once every two years. 3.2. Application. 3.2.1. Local Agency Official. As used in Section 3.1 of this Resolution, the term "local agency official" means all of the following: (a) All Board members; and (b) All executive staff of the District. 3.2.2. Ethics Laws. As used in Section 3.1 of this Resolution, the phrase "ethics laws" includes, but is not limited to, the following: (a) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict -of- interest laws; (b) Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and M prohibitions against acceptance of free or discounted transportation by transportation companies; (c) Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws; and (d) Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members. 3.3. District Resnonsibilities. 3.3.1. Records. The District shall maintain records indicating (a) the dates that local agency officials satisfied the requirements of Section 3 of this Resolution and (b) the entity that provided the training. The District shall maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act. 3.3.2. Notice. The District is required to provide information on training available to meet the requirements of Section 3 of this Resolution to its local agency officials at least once annually. Section 4. SEXUAL HARASSMENT TRAINING. 4.1. Requirement. Deletes: i44@ 4.1.1. Service Prior ToE.ffective Date. Each Board member in District service as of ,. Delaaed: Januery 1, ]tq8, 4he effective date of this Resolution must participate -in the District's program of providing at least two hours of classroom or other effective interactive training and education regarding sexual Deleted: no later d, sia months fiom harassment to its supervisory em to ees t least once eve two ears. the effeofive as a or h s Rasowfion p rY p y j1 every _. _ ... _ _ _ .. Therufleq each Boe d member must puricipate in mch training 4.1.2. Service On Or After�ffective Date. Each Board member who commences Deleted: 2M 7 LMleted: J-,-y 1,2008, service with the District on or after jhe effective date of this Resolution must participate in the . District's program of providing at least two hours of classroom or other effective interactive training and education regarding sexual harassment to its supervisory employees no later than six months from the first day of service with the District. Thereafter, each Board member must participate in such training at least once every two years. 4.2. District Responsibilities. The training and education required by Section 4 of this Resolution shall include information and practical guidance regardingthe federal and slate statutory provisions concerningthe prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing District supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented b,, trainers and educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Section 5. INSURANCE COVERAGE FOR BOARD MEMBERS. 5.1 Current Directors. Pursuant to California Water Code Section 31008 and the applicable provisions of California Government Code Section 53200 - 53210, the District. subjectto such terms and conditions as may be established by the Board, shall make health and welfare benefits available to its active Board members and their spouses and dependent children under the age of 21, dependent children under the age of 25 who are full -time students at a college or university, and dependent children regardless of age who are physically or mentally incapacitated (collectively, "Dependents "). The District shall pay the costs of such insurance coverage for those Board members and their spouses and Dependents who elect to accept said benefits, during the period of time that such Board members are serving in office as Board members of the District. Effective January 1, 2009, the health and welfare benefits made available under this Section shall not exceed the level of insurance benefits provided by the District to its regular full -time employees. 5.2. Former Directors. 5.2.1. Continuation of District -Paid Benefits. (a) Pursuant to the requirements ofCali fomiaGovemment Code Sections 53200 -53210 and the policy adopted by the Board by minute action on November 28, 1988, and subsequently clarified by minute action on February 13, 2007, the District, subject to such terms and conditions as may be established by the Board, shall pay the costs of health and dental insurance coverage to former Board members who (a) elect to accept such benefits, (b) served in office after January 1, 1981, (c) were not first elected to a term of office that began on or after January 1, 1995, and (d) served not less than 12 years on the Board at the time of termination. (b) Pursuant to the requirements ofCalifomia GovernmentCode Sections 53200 - 53210, the District, subject to such terms and conditions as may be established bythe Board, shall pay all, or such portion as the Board may elect, of the premiums, dues, or other charges for health and welfare benefits of those former Board members, and the spouses and Dependents of such former Board members for whom those health and welfare benefits have been provided by the District, who elect to accept such benefits and were Board members who (a) were first elected or appointed to the Board prior to July 1, 1994, and are thus not otherwise excluded from membership in the Public Employees Retirement System ( "PERS "), (b) obtained membership in PERS due to their membership on the Board, (c) are eligible to retire from membership in PERS, and (d) formally retire from membership in PERS. 5.2.2. Continuation of Self -Paid Benefits. Pursuant to the requirements of California Government Code Sections 53200 - 53210, the District, subject to such terms and conditions as may be established by the Board, shall make health and welfare benefits available to its former Board members who do not meet the requirements of subsections (a) or (b) of Section 5.2.1 above, and to the spouses and Dependents of such former Board members, who agree to and do pa\ the full costs of such insurance coverage and otherwise participate on a self- paybasis, and who satisfy any and all additional eligibility requirements imposed b} PERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such participants upon election, shall be the same as is set forth for the continuation of benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985. Deletetl: ON ANNUAL BASIS Section 6. REVIEW OF RESOLUTION ". Deleted: Each year At times deemed annropriate by the Board, the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District's General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Deleted: Nothing basin shall Preclude the Board from taking action on the Resolution, _. _.. _._ __. _.. _.... _._.. _. _.. Resolution at of the annualrrn�wP� Section 7. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 8. EFFECTIVE DATE. The provisions of this Resolution shall become effective upon adoption and shall supersede ,MD.ld : s " the provisions of Resolution No. 2002,- adopted by the Board on November 2a. 2002. : kbnt.t-y i9 : a 10 Adopted this _day of AYES: NOES: ABSTAIN: ABSENT: F474M eb IT�1 Secretary, Board of Directors Deleted: 24" _ -- ?" ... Deleted: November Deleted: 09 President, Board of Directors ORDINANCE NO. 378 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING GUIDELINES FOR THE CONDUCT OF ITS PUBLIC MEETINGS AND ACTIVITIES WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District ( "the District ") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ( "the Board ") whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 et seq. ( "the Brown Act ") C. The Board is authorized by Government Code Section 54953.7 to impose requirements upon itself which allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this ordinance is to ensure that the Board's deliberations are open to the public to the fullest extent permitted by law and its activities are performed in a manner that reflect a dedication to the highest standards of integrity and accountability so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the East Valley Water District does hereby adopt and ordain as follows: Section 1. PUBLIC ACTIVITIES. To the extent not otherwise inconsistent with applicable law or any existing or future ordinances, resolutions, rules, regulations, or particular practices of the District, the Board hereby adopts as a matter of general policy the Board Norms and Procedures attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. PUBLIC MEETINGS. 2.1. Statutory Requirements. All meetings of the Board and all committees thereof shall be conducted in compliance with all applicable requirements of the Brown Act. 2.2. Additional Requirements. 2.2.1. Regular Meetings. Pursuant to Government Code Section 54954(a), all regular meetings of the Board shall be held at 3:00 p.m. on the second and fourth Tuesdays of each month at the District offices located at 3654 East Highland Avenue. Suite #12, Highland, California. 2.2.2. Special Meetings. Special meetings of the Board shall be called and conducted in accordance with Government Code Section 54956. The Board shall not add any non- agendized item to the agenda of a special meeting. Further, no agenda for a special meeting shall provide an opportunity for the Board to consider the possible addition of any non - agendized item to the agenda. 2.2.3. Agendas. The agendas of all Board meetings and all committee meetings that are open to the public shall be posted in the following locations: (1) an exterior bulletin board located outside the District headquarters which is accessible twenty' -four (24) hours a day; (2) on -line at the District's website known as "eastvalley.org' ; and (3) an interior bulletin board located in the lobby of the District headquarters. Section 3. REVIEW OF ORDINANCE. At times deemed appropriate by the Board, the Board shall review this ordinance to determine its effectiveness and the necessity for its continued operation. The District's General Manager shall report to the Board on the operation of this ordinance, and make any recommendations deemed appropriate, including proposals to amend the ordinance. Upon 2 conclusion of its review, the Board may take any action it deems appropriate concerning this ordinance. Section 4. SEVERABILITY. If any provision of this ordinance, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 5. EFFECTIVE DATE. The provisions of this ordinance shall supersede Ordinance No. 374 adopted by the Board on December 22, 2008, and shall take effect immediately upon adoption. Adopted this 25h day of January, 2011. ROLL CALL Ayes: Noes: Abstain: Absent: ATTEST: Robert E. Martin Secretary, Board of Directors K3 George E. Wilson President, Board of Directors Exhibit 'W BOARD NORMS AND PROCEDURES GENERAI. 1. To take courageous action when necessary to keep the EVWD a progressive, well managed, innovative District. 2. Board of Directors provides leadership and participates in regional, state and national programs and meetings. 3. Board of Directors looks to Constituents and other elected officials for independent advice. 4. Other community leaders are consulted in the decision- making process when appropriate. 5. There can be extensive citizen participation and work on District programs. 6. There are numerous meetings, other than regular Board of Directors meetings. 7. We stress training for staff and Board of Directors. 8. Board of Directors will inform the General Manager's Administrative Manager when they will be out of town as early as possible. 9. Board of Directors get the same information as much as possible: citizen complaints, letters, background, etc., in a timely manner. io. Board of Directors members will each determine specific routine information they want to receive such as Committee or City Agendas. ii. Return unwanted reports and documents to staff for distributing to the public or for recycling. 12. The Board of Directors may ask General Manager or designee for information, providing such information requests can be reasonably accommodated without significant interruption in staff work load. The General Manager shall not be required to copy all Board Members with information obtained by other Board Members. EVWD— Board of Directors Norms and Procedures ig.All project assignments requested by Board Members shall be directed through the General Manager. The General Manager may place project items on the agenda if the project requires Board policy direction or approval to be implemented. 14- Items of significant expenditure of time /energy or financial impact must go to Board of Directors /General Manager to be agendized. 15. The General Manager receives formal work direction from the Board of Directors at public meetings or in closed session. Individual Board Members may not delegate formal work direction to the General Manager without approval by the rest of the Board of Directors. 16.The General Manager or Board President can request an item be placed on the agenda. 17. Read Committee Minutes in order to find out what is being worked on. 18.General Manager will discuss significant future Agenda topics with Board Members. i9.General Manager will meet regularly with Board President on Agenda preparation. 20. Board of Directors (minority side on vote) can not bring item back for one year; majority can bring it back at will. 21.Board Members will do their homework (i.e., Read packets, complete committee work, etc.). 22.General Manager to give routine updates to Board of Directors BOARD OF DIRECTORS' VALUES 23.The Board of Directors and General Manager are a participatory team. 24.Board of Directors values high energy, open mindedness, and is achievement - oriented. 25. Board of Directors will care and have respect for each other. 26.Board of Directors will be straightforward, with no hidden agendas. 27. District Board of Directors values humor. 28.Traditions are respected. 29. No member of the Board of Directors shall use his or her position of public service with the District as a means to benefit his or her personal or private interests. 2of8 EVWD— Board of Directors Norms and Procedures BOARD OF DIRECTORS INTERACTION AND COMMUNICATION 30- Individuals are responsible to initiate resolution of problems A.S.A.P. and not let them fester. 31. Board of Directors will not direct personal attacks at each other during public meetings, in the press, or any other place /time. 32. Relationships are informal, but not casual in public. Business attire at Board meetings is appropriate. 33. Board of Directors will be cooperative in covering for each other. 34• Substantive Board of Directors /General Manager items are to receive advance notice and public notification. 35. Committee areas belong to the whole Board; they are not seen as territorial. 36. Committees are responsible to keep the rest of the Board Members informed; and other members are responsible for letting the Committee know if they want more information or to give input. 37.Before Elected officials start moving in a new direction, they will get direction from the rest of the Board Members. 38.The Board President forms Committees or disbands and is responsible for selection. 39. Committee reports will be made under Board Reports, when appropriate. 40. Committee summaries will be sent on an interim basis to update other Board members on: o Issues being discussed o Options being considered o Progress 41. Board of Directors and Committees will give clear and focused communication promptly. 42- If Committee and Staff disagree, it is the practice to bring the issue to full Board of Directors. BOARD INTERACTION AND COMMUNICATION WITH STAFF General Manager 43• Board of Directors will provide annual goals to provide direction to the General Manager at the time of the annual evaluation. 44. Board Members should always feel free to go to the General Manager and vice versa. 3 of 8 EVWD — Board of Directors Norms and Procedures 45•When a Board Member is unhappy about a department or issues, he /she should always talk it over with the General Manager not the Department Head or other Board members. 46. Concerns about a Department Head must be taken to the General Manager or Board Attorney only. 47.Critical information will be passed to all Board Members by appropriate personnel. 48.The General Manager will provide ongoing feedback. information, and perceptions to the Board of Directors, including some response to written communications requesting feedback. 49•The General Manager deals with issues that cross department boundaries. 5o.Board of Directors will provide the General Manager with a written evaluation annually and provide some General Manager goals. Staff in General 5i. Board of Directors will always be informed by staff when an unusual event occurs that the public would be concerned about, i.e., Health Department notice, big Water breaks, etc. in a timely manner (if press or media is involved). 52.Extreme emergencies (i.e., fatalities) are immediately communicated to Board Members by General Manager or staff. 53-The Board of Directors and staff will not blind side each other in public. Consideration for each other is our practice. 54• If a Board Member has a question on an agenda item, that member will make every effort to contact the General Manager or designee prior to the meeting. Board Attorney 55•Board Attorney shall partner with Board of Directors. General Manager and Staff when and where appropriate. 56.Board Attorney goes through the General Manager on routine areas. 57. Board Attorney to regularly consult with Board Members on items of concern on the upcoming agenda at the earliest time possible. 58.Board Attorney can consult directly with General Manager as needed. 59•Board Attorney will track Committee's actions, and relevant agendas of Board of Directors for needed input. 60.Board Attorney must oversee specialist attorneys; they are paid through the General Manager. 4 of 8 EVWD— Board of Directors Norms and Procedures 61. Board Attorney to pro - actively inform and protect the Board of Directors from potential violations and conflicts. CHAIR SELECTION 62.The Board President's succession is governed by the Board practices. 63. The Board President is selected by the Board of Directors. The Board President remains as one member of the Board and has no rights or authority different from any member of the Board. 64. In the event of an early vacancy in the position of Board President, the Vice President shall become Board President for the remaining portion of the outgoing Board President's term as Board President. CHAIR'S ROLE 65. Each Board President is unique; the role is defined by the person, based on that person's style. 66.The Board President acts as the ceremonial head or representative of the District at various civic affairs. 67.The Board President is the spokesperson for the Board of Directors when appropriate media or external organization requests are made. 68. The Board President acts as signatory to all documents requiring Board's execution. 69.The Board President makes appointments to Ad Hoc and special advisory Committees. 70.The Board President makes declarations, extends official recognition of groups or events. 71. The Board President will inform the Board of any informal correspondence sent out to anyone in relation to District business. 72.The Board President regularly communicates with the General Manager. CITIZEN COMPLAINTS 73. Board of Directors will be informed of significant, urgent and repetitive complaints. 74.Staff will draft responses (letters). 75. Board of Directors shall not attempt to fix Citizens' problems on their own; it will be referred to the General Manager. 76.Responses to Citizens are customized. 5of8 EVWD— Board of Directors Norms and Procedures 77. Copies of responses to be included in individual packets or in Board Member's mail box. 78.If a Board Member wants action based on citizen complaint, they should go through the General Manager's office. 79.The level of detail in written responses will be selective. 80.Generally, communications are acknowledged with discretion. PUBLIC MEETINGS 81.General Manager sets the Agenda for regular Board of Directors meetings. 82.Public comment shall be received on all action items. 83.Board of Directors members will treat everyone with courtesy. 84. Corrections to minutes are passed to the Board Secretary as soon as possible. 85.Each member may share his /her views about the issue and the reasons for his /her vote. Consent Calendar 86.There is judicious use of the Consent Calendar, such as minutes, routine District business, some appeals, things already approved in the budget. 87.If a Board Member has a question on a Consent Calendar item for their information only, they are to ask staff ahead of time, rather than having it pulled off for discussion during the meeting. 88. Staff is prepared to report on every agenda item. Public Inuut on Individual Agenda Items 89.Once public input is closed, further public input will not be allowed unless re- opened by Board President. 9o.Citizen's, Board President's and invited guests' comments will be limited to a reasonable time. 91.Board President will allow other Board Members to speak first and then give his /her views and summarizes. Public Comment Section of the Agenda 92. Public comments shall be limited to 3 minutes per speaker. 93. Each speaker will be thanked. 6of8 EVWD - Board of Directors Norms and Procedures 94•Generally, Board Members will not respond to Public Comments except for the Board President referring matters to the General Manager for follow up. Occasionally, a quick informational response is appropriate when an obvious answer is available. The Board of Directors will not debate or make decisions in response to public comments as they are not agenda matters under consideration. Vo 'n 95. Everyone may speak before a motion. 96.Attempts will be made to get consensus on significant policy issues. 97.There will be roll call votes on request when a divided Board is obvious. 98. Department heads will generally attend when asked by the General Manager. 99•Board of Directors member discussions will not be redundant if they concur with what has already been said. Closed Session 1oo.Closed Session materials and conversations are confidential; Board Members may retain Closed Session paper documents for analysis; documents must be destroyed when no longer needed /used. Board Members will get written reports for Closed Session items as much as possible; these reports are to be turned in at the end of the meeting. ioi.General Manager may ask for Closed Sessions to be held at the convenience of the Board. 102.No violation of Closed Session confidentiality; Board Members will not talk to affected / opposing parties or anyone else (press, etc.) per the Brown Act at specific Closed Session meetings. 103. Confidentiality relates to any non - public discussion items. Special Meetings 104.Special meetings may be called by Board President pursuant to the Brown Act. COMMITTEES AND BOARD 1o5. Problem solving issues with Committees will be done as much as possible with Chairs. 106.All Committees of Board of Directors should know Board's needs: *To know Board's vision /mission. *Encouraged to participate in Board - sponsored events. *Understanding of their roles /authority/ "no- no's." 7of8 EVWD — Board of Directors Norms and Procedures *To know annual priorities /goals. •Process /parameters within which to work, i.e.. citizen involvement. *Board of Directors reserves the right to make its own decisions. 107. Board President and Vice President are encouraged to receive annual support training. io8.All Board Members will receive annual training. These Board Norms will be reviewed on an annual basis. Approved: July 27, 2010 Approved July 27th, 2010 8of8 ORDINANCE NO._ AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING GUIDELINES FOR THE CONDUCT OF ITS PUBLIC MEETINGS AND ACTIVITIES WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District ( "the District ") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ( "the Board ") whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 et seq. ( "the Brown Act "). C. The Board is authorized by Government Code Section 54953.7 to impose requirements upon itself which allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this ordinance is to ensure that the Board's deliberations are open to the public to the fullest extent permitted by law and its activities are performed in a manner that reflect a dedication to the highest standards of integrity and accountability so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the East Valley Water District does hereby adopt and ordain as follows: Section 1. PUBLIC ACTIVITIES. To the extent not otherwise inconsistent with applicable law or any existing or future Deletld �7g ordinances, resolutions, rules, regulations, or particular practices of the District, the Board hereby ,[>detld: GmdeLxa for COIIdLCI adopts as a matter of general policy the attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. PUBLIC MEETINGS. 2.1. Statutory Requirements. All meetings of the Board and all committees thereof shall be conducted in compliance with all applicable requirements of the Brown Act. 2.2. Additional Requirements. 2.2.1. Regular Meetings. Pursuant to Government Code Section �4954(a), all regular meetings of the Board shall be held at 3:00 p.m. on the second and fourth Tuesdays of each month at the District offices located at 3654 East Highland Avenue, Suite 412, Highland, California. 2.2.2. Special Meetings. Special meetings of the Board shall be called and conducted in accordance with Government Code Section 54956. The Board shall no: add any non - agendized item to the agenda of a special meeting. Further, no agenda for a special meeting shall provide an opportunity for the Board to consider the possible addition of any non - agendized item to the agenda. 2.2.3. Alas. The agendas of all Board meetings and all committee meetings that are open to the public shall be posted in the following locations: (1) an exterior bulletin board located outside the District headquarters which is accessible twenty-four (24) hours a day: (2) on -line at the District's website known as "eastvalley org "; and (3) an interior bulletin board located in the lobby of the District headquarters. Deleted: ON ANNUAL BASIS Section 3. REVIEW OF ORDINANCE _ Deletetl: Eacn 3cer 8t times deemed appropriate by the Board, the Board shall review this ordinance to determine its effectiveness and the necessity for its continued operation. The District's General Manager shall report to the Board on the operation of this ordinance, and make any recommendations deemed appropriate, including proposals to amend the ordinance. Upon 2 conclusion of its review, the Board may take any action it deems appropriate concerning this ordinance, Section 4. SEVERABILITY. If any provision ofthis ordinance, orthe application thereofto any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 5. EFFECTIVE DATE. [oaleted: Nothing herein shall precludBoard from eking action on the nance at rimes other than upon lusion of the annual review_ J Deleted: z The provisions of this ordinance shall supersede Ordinance No. 374 adopted by the Board on _. . Deletetl: lure to ,December 22, 2008, and shall take effect immediately upon adoption. Adopted this Jday.of, , 2W. . ROLL CALL Ayes: Noes: Abstain: Absent: ATTEST: Robert E. Martin Secretary, Board of Directors 7 Deleted: 22n1 Deleted: December DNetetl: 08 George E. Wilson Deleted: Don,Id D. G-d;o President, Board of Directors Staff Report From: Brian W. Tompkins / Chief Financial Officer Subject: Investment Report for the quarter ended December 31, 2010 Recommendation: Information only — report will be resubmitted at next board meeting for approval Unrestricted Investments Date: January 25, 2011 LAIF The balance held in LAIF at the beginning of the quarter was $3,021,780. During October, interest earnings related to the third calendar quarter of $4,212 were posted to the account leaving an ending balance of $3,025,991. There were no transfers to or from the LAIF account during quarter. Fourth quarter earnings on the LAIF account were $3,476 calculated at an apportionment rate of .46 %. This represents a further decline in the apportionment rate from .51% for the previous quarter. These earnings were posted to our account on January 14, 2011. Citizen's Business Bank Wealth Management The total (book) value of the assets held with CBB increased $6,826 to $4,085,800 during the quarter ended 12/31110. The purchase and sale of securities is shown on the attached supplemental schedule. Semi - annual interest payments received on securities in the District's portfolio were $8,994 for the quarter ended December 31, while the money market fund earned $540. These earnings were reduced by losses of $1,133 realized when bonds purchased at a premium, and therefore having a carrying value higher than their face value, matured. Investment manager fees paid during the quarter were $1,575. There were no transfers to or from this investment account during the fourth quarter. Restricted Investments Union Bank The 2001 COPs were paid off in December and therefore the Installment Payment Fund for that COP issue was closed. Four new accounts were opened to service the activity related to the 2010 Revenue Bonds: Acquisition Funds for both water and sewer, an Interest Fund, and a Revenue Fund. The Water Acquisition Fund was established with $15 million in bond proceeds and will provide the funding for water capital projects. Money in the Fund is currently invested in Union Bank's Blackrock T(reasury) mutual fund, but $14,000,000 will be moved to LAIF in January in order to receive a better yield. Interest earned on the account during the quarter was $215. The Sewer Acquisition Fund was established with $1 million in bond proceeds to provide funding for sewer projects. It is invested in Union Bank's Blackrock T fund and will be kept there through March. If new projects, in addition to the Conejo sewer main replacement, are not identified by March 31, a majority of the balance will be moved to LAIF. The Interest Fund received $655,721 in bond proceeds. This amount is intended to help defray some of the debt service burden related to the new bonds until the second phase of the District's water rate increase becomes effective. One half of this account will be used to pay the April 1, 2011 bond interest payment and the balance of the account will be used for the October 1, 2011 payment. The Revenue fund was established to receive payments from the District for purposes of making payment to the bond holders. Annual debt service increments are being divided into 12 monthly installments, which are remitted to the Trustee on the 251h of each month. Current year installments are $158,227 and installment payments were made in both November and December. 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Plated dinner with choice offish and chips, chicken broccoli alfredo pasta, homestyle meatloaf, or vegetarian pasta, with a choice of apple, chocolate cream, or lemon meringue pie for dessert with water, iced tea, and coffee to drink. Cost: $23 per person Program: To be announced RSVP to Sherrie Gundlach at RBF at: srQQ rbf.com or at (gog) 974 -4900 Please RSVP byJanuaryl8tn, 203.1 Remember that the ASBCSD Mailing Address has changed! Make checks payable to ASBCSD, ATTN: Renee Latu P.O. Box 1757 San Bernardino, CA 92402 District /Associate: Attendee(s): Reminder: There is a $2 surcharge for reservations made after the deadline date, as well as for coming to dinner with no reservations. You will also be billed for the dinner if your cancellation is not received prior to the deadline. Directions: io Freeway Heading East: Exit N. Vineyard Avenue and turn Right 4 Left on East D Street'Convention Center Way -j Marie Calendar's is o, the east side of the street io Freeway Heading West Exit Holt Blvd and co ^t inue straight Right at E. Convent to Center Way Marie Calendar's I <_ on the east side of the street A� E 4m 5t c :J 'a D F im St Shrgvyn4 Centre m N Y i .. E Qh 51 UL Sl Z s Remp�a r'aq M1 F �s S. G St rnnn_I Empre Blvd •_ �u, seas, E Airport Dr E Aupon D, Ontario ntemahona Amon E 4th St z ¢' c c z Iliq San V, S a Y ,I Z FGSI 5 E HoK Blvd Dr �pypnrt c :J 'a D F im St Shrgvyn4 Centre m N Y i .. E Qh 51 UL Sl Z s Remp�a r'aq M1 F �s S. G St rnnn_I Empre Blvd •_ �u, seas, E Airport Dr E Aupon D, Ontario ntemahona Amon E 4th St z ¢' c c z Iliq San V, S a Y Justine Hendricksen Page 1 of 1 From: WESTCAS [westcas @mindspring.coml Sent: Tuesday, January 04, 2011 2:38 PM To: westcas @mindspring corn Subject: 2011 Winter Conference - February 23 -25, 2011 -Fort Worth, TX Western Coalition of Arid States "The Voice of Water Quality in the Arid West" SAVE THE DATE! WESTCAS 2011 WINTER CONFERENCE FEBRUARY 23-25,2011 THE WORTHINGTON RENAISSANCE HOTEL FORT WORTH, TEXAS "BALANCING A THREE - LEGGED STOOL: THE ENVIRONMENT, HUMAN NEEDS, AND THE ECONOMY" The great challenge of water resources management is finding the balance between environmental and human needs. The challenge is even greater now as we strive to address economic and social factors to attain sustainable water resource strategies. The WESTCAS 2011 Winter Conference will provide a forum to discuss these often competing interests from the and west perspective. Be sure to save the date and watch for more detailed information coming soon! 1/4/2011