board of directors regular board meeting agenda …€¦ · 3591 fedex 107.81 3592 fred's tire...

_______________________________________________________________________________________________

55439 29 Palms Hwy., Yucca Valley, Ca 92284-2503 | 760.365.8333 | www.hdwd.com | email: [email protected]

BOARD OF DIRECTORS REGULAR BOARD MEETING

AGENDA Wednesday, August 05, 2020

5:00 PM

In an effort to protect public health and prevent the spread of COVID-19 (Coronavirus), and in

accordance with the Governor’s Executive Order N-29-20, the public may view this meeting online as there will be no public location for attending in person.

The meeting will be streamed at https://zoom.us/j/94337095374 Meeting ID: 943 3709 5374

Or by phone +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 301 715 8592 US

+1 312 626 6799 US (Chicago) +1 646 876 9923 US (New York) +1 253 215 8782 US Meeting ID: 943 3709 5374

Members of the public who wish to comment on any item within the jurisdiction of the District or on

any item on the agenda, may submit comments by emailing the Board Secretary, Codi Mix at [email protected] two hours prior to the start of the meeting. Written comments shall follow the

three-minute prescribed time limit when read during the meeting and will become part of the meeting minutes. In addition, public comment will be open during the meeting for individuals joining virtually.

Action may be taken on any item listed on the agenda.

CALL TO ORDER/PLEDGE OF ALLEGIANCE

ROLL CALL

1. APPROVAL OF THE AGENDA

2. PUBLIC COMMENT

This is the opportunity for members of the public to address the Board on matters within the Board’s jurisdiction that are not listed on the Agenda. Please limit comments to three (3) minutes or less. State law prohibits the Board of Directors from discussing or taking action on items not included on the agenda.

3. CONSENT CALENDAR Items on the Consent Calendar are acted upon by one motion, unless a Board member wishes an item to be acted upon separately, in which case it will be removed from the Consent Calendar.

3.A. DEMAND LISTS Demand list 97064 - 97159.pdf Demand list-3576 - 3598 - .pdf

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https://zoom.us/j/94337095374

mailto:[email protected]

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/655410/Demand_list_97064_-_97159.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/655411/Demand_list-3576_-_3598_-_.pdf


07 30 ACH -.pdf Payroll Demand 08.05.20.pdf

3.B. 2020 07 01 REGUAR MEETING MINUTES 2020 07 15 REGULAR MEETING MINUTES Board to review and approve the minutes from the July 1, 2020 and the July 15, 2020 regular Board meetings. 2020 07 01 REGULAR BOARD MEETING MINUTES.docx 2020 07 15 REGULAR BOARD MEETING MINUTES.docx

4. DEPARTMENT ITEMS

4.A. SAGE ESTATES ASSESSMENT CREDIT Staff recommends the Board of Directors authorize the General Manager to approve future assessment credit for Tract No. 17862 (Sage Estates) in the amount of $2969.80/ lot. Assessment_Credit_Policy__2020__513220.docx

4.B. RESOLUTION NO. 20-21 ADOPTING REVISIONS TO THE PURCHASING POLICY Staff is recommending that the Board of Directors adopt Resolution No. 20-21 to adopt the revisions to the District's purchasing policy. Resolution 20-21 Adopting Revisions to the Purchasing Policy.DOCX Exhibit A - Purchasing Policy.pdf

4.C. RESOLUTION NO. 20-22 DESIGNATING AUTHORIZED REPRESENTATIVES TO SIGN WARRANTS Staff is recommending that the Board of Directors adopt Resolution No. 20-22 to update the signatories on the District's bank accounts. Resolution 20-22 Designating Authorized Representatives to Sign Warrants.DOCX

4.D. RESOLUTION NO. 20-23 NON-RESIDENTIAL ADJUSTMENT ON SEWER FEES DUE TO WATER LEAKS Staff and the Finance/Audit Committee are seeking the Board of Directors to adopt Resolution No. 20-23 and to approve the recommendation providing a credit adjustment on non-residential customers' sewer fee due to water leaks. Exhibit A - Evaluation of High Consumption.pdf Resolution 20-23 Non-Residential Adjustment on Sewer Fees due to Water Leaks.DOCX

4.E. RESOLUTION NO. 20-24 EMPLOYEES' USE OF DISTRICT VEHICLES Staff is recommending that the Board of Directors adopt Resolution No. 20-24, as a housekeeping item to require all employees who drive a District vehicle to sign the District Employee Vehicle Use Indemnification Agreement. District_Vehicle_Use_Indemnification_Agreement.docx Resolution 20-24 District Employee Vehicle Use Indemnification Agreement.DOCX Exhibit A - Use of District Vehicles.pdf

4.F. RESOLUTION NO. 20-25 TO SUMMARILY VACATE AN EASEMENT Staff is recommending that the Board of Directors adopts Resolution No. 20-25 to vacate an

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/655412/07_30_ACH___-.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/655413/Payroll_Demand_08.05.20.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654280/2020_07_01_REGULAR_BOARD_MEETING_MINUTES.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/652192/Assessment_Credit_Policy__2020__513220.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/653962/Resolution_20-21_Adopting_Revisions_to_the_Purchasing_Policy.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654459/Exhibit_A_-_Purchasing_Policy.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654075/Resolution_20-22_Designating_Authorized_Representatives_to_Sign_Warrants.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654515/Exhibit_A_-_Evaluation_of_High_Consumption.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654714/Resolution_20-23_Non-Residential_Adjustment_on_Sewer_Fees_due_to_Water_Leaks.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654542/District_Vehicle_Use_Indemnification_Agreement.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654613/Resolution_20-24_District_Employee_Vehicle_Use_Indemnification_Agreement.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654614/Exhibit_A_-_Use_of_District_Vehicles.pdf


easement for the Wastewater Reclamation Project (Phase 1, Package D), due to sewer main line alignment changes. Resolution 20-25 Vacate Easement .docx 0586-102-30 Easement Legal Description.pdf

5. DIRECTORS' REPORTS/COMMENTS For information purposes only on subjects not covered by the agenda and no action to be taken.

6. MANAGERS' REPORTS For information purposes only on subjects not covered by the agenda and no action to be taken. Chief Financial Officer – Jonathan Abadesco Chief Plant Operator - Doug Culbert Assistant General Manager-Operations – Tony Culver General Manager – Ed Muzik

7. UPCOMING AGENDA ITEMS

8. ADJOURNMENT

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654689/Resolution_20-25_Vacate_Easement_.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654690/0586-102-30_Easement_Legal_Description.pdf


Materials related to any item on this Agenda submitted to the Board of Directors or Committee Members

after distribution of the agenda packet are available for public inspection in the Hi-Desert Water District

office at 55439 29 Palms Hwy, Yucca Valley, California during normal business hours. All documents

supporting this agenda are available on the District website at subject to staff’s ability to post the

documents before the meeting.

Reasonable Accommodation: Upon request, this notice will be made available in appropriate

alternative formats to persons with disabilities. Any person with a disability, who requires a modification

or accommodation to view the agenda or to participate in the public comment portion of the Board

meeting, should direct such a request to Ed Muzik, Secretary of the Board of Directors, at 760-365-8333

or [email protected]. Please allow two business days for your request to be processed.

Disruptive Conduct: If any meeting of the District is willfully disrupted by a person or by a group of persons so as to render the orderly conduct of the meeting impossible, a meeting may be recessed or the person or persons willfully disrupting the meeting may be ordered to leave the meeting. Disruptive conduct includes addressing the Board or Committee without first being recognized, not addressing the subject before the Board or Committee, repetitively addressing the same subject, failing to relinquish the podium when requested to do so, or otherwise preventing the Board or Committee from conducting its meeting in an orderly manner. Your cooperation is appreciated.

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Report Date: 07/30/20 Period: 07/07/20 - 07/30/20

Checks: 97064 - 97159

Check No. Payable To Amount Description

97064 Glenn Ware 204.71 Boot Allowance

97065 Freeway Toyota of Hanford 92.44

97066 Customer 450.00 Claim Reimbursement

97067 Customer Refund 62.25

97068 ACWA/JPIA 903.00

97069 AUS West Lockbox 828.62

97070 Best Best & Krieger LLP 3,500.00 June Legal Services

97071 Bighorn Desert View Water Agency 66.84

97072 Builder's Supply 262.26

97073 Burrtec Waste & Recycling Svcs 541.85

97074 Centratel 584.02

97075 Core & Main LP 3,850.58 Inventory Supplies

97076 County of San Bernardino 10,000.00 LAFCO 2020/2021 Apportionment

97077 Debra Sanchez Cleaning 2,000.00 June Cleaning Services

97078 Desert Green Landscaping 363.00

97079 E.S. Babcock & Sons, Inc. 411.00


97081 Evangelical Free Church 200.00

97082 Hi-Desert Star/Publishing 403.20

97083 InfoSend, Inc 1,611.78 June Outsourced Billings

97084 Inland Water Works Supply 893.88

97085 Matich Corporation 544.88

97086 McGard 757.63

97087 Nextiva, Inc. 2,348.72 July Phone Lease Agreement and Call Center Services

97088 Parkhouse Tire Inc. 1,259.62 July Automotive Supplies

97089 Precision Lock Service 122.00

97090 RDO Equipment/Powerplan 182.00

97091 SDRMA 71,717.22 August Health Benefits

97092 SDRMA 35,337.92 2020/21 Annual Workers' Compensation Program

97093 SC Commercial, LLC. 2,578.16 July Diesel Fuel

97094 The Gas Company 29.58

97095 Umetech, Inc. 6,651.25 June IT Support

97096 Mike Price 93.63 Expense Reimbursement

97097 Southern California Edison 48,461.33 June Billing

97098 Shannon Abell 236.41 Boot Allowance

97099 Home Depot Credit Services 1,321.92 June Billing
















Hi-Desert Water DistrictDemand List

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97118 Mike O. Wright 3,127.91 To Replace a Payroll Check

97119 Town Of Yucca Valley 7,458.40 Refund Hydrant Relocation on Pueblo & Hopi Trail

97120 Ace Alternators 164.03

97121 ACWA/JPIA 6,840.99 August Dental/Vision/EAP Premium

97122 AICPA 285.00


97124 B-81 Paving Inc. 55,165.00 Asphalt Repairs @ 6955 Old Woman Springs Rd

97125 Builder's Supply 56.66

97126 Fedak & Brown LLP 385.00

97127 Core & Main LP 662.70

97128 Ecoconsult 4,000.00 June Professional Services



97131 Forensic Drug Testing, Inc. 49.00

97132 GFOA 460.00

97133 InfoSend, Inc 1,805.03 June Outsourced Billings

97134 Master Meter Inc. 2,825.00 Annual Meter Support Services

97135 Nobel Systems 10,500.00 Geoviewer Annual Subscription Hosting Of Data

97136 Nobel Systems 15,000.00 Geoviewer Mobile Annual Subscription

97137 Online Information Services 198.15

97138 Pro Electronics Inc. 222.00

97139 Rancho Mesa HOA 195.00

97140 Solid Waste Division County of San Bernardino-Accounting 41.95

97141 SC Fuels 763.66

97142 The Gas Company 22.61


97144 Time Warner Cable 1,142.52 July Services for 4 Modems

97145 Underground Service Alert 512.39

97146 Utility Supply of America, Inc 83.59

97147 Vagabond Welding Supply 18.09

97148 West Coast Civil, Inc. 1,800.00 Sep - June/ Watermain Engineering & Design Pack 11 & 12











97159 Void -

Total 317,678.88

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Period : 07/07/20 - 07/30/20

Check No. Payable To Amount Description

3576 Advanced Imaging Solutions, Inc. 77.81

3577 Burrtec Waste & Recycling Svcs 223.34

3578 Debra Sanchez Cleaning 600.00

3579 E.S. Babcock & Sons, Inc. 1,194.00 June Wastewater Lab Analysis

3580 E.S. Babcock & Sons, Inc. 1,057.00 June Wastewater Lab Analysis

3581 InfoSend, Inc 719.64

3582 Parkhouse Tire Inc. 586.68

3583 Solenis, LLC. 3,835.18 Operating Supplies

3584 Spectrum 684.00

3585 Umetech, Inc. 85.00

3586 Yucca Valley Auto Parts 139.12

3587 Home Depot Credit Services 748.56

3588 Advanced Imaging Solutions, Inc. 330.32



3591 Fedex 107.81

3592 Fred's Tire & Automotive 88.00

3593 Jericho Systems, Inc. 4,352.50 April - June Professional Services

3594 SCE 16,081.77 June Biling

3595 Yucca Rental Inc 340.00

3596 Best Best & Krieger LLP 650.00

3598 Mike Wright 237.60 Boot Allowance

Total 33,200.33

Indicates Amounts Approved Exceeding $25,000

Hi-Desert Water District Wastewater FundDemand List

Report Date: 07/30/20

Checks: 3576 - 3598

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Report Date: 7/30/2020 Period: 06/11/20 - 06/25/20

Ach Date Payable To Amount Description

7/7/2020 Cal Pers 12,330.16 06/26/20 Employer Portion of PERS

7/7/2020 Paychecx of New York, LLC. 1,648.56 05/29/20 - 06/25/20 - Payroll Services


7/23/2020 CalPers-Financial Reporting 2,809.00 2020/2021 Unfunded Accrued Liability Plan




Total 90,861.38

Hi-Desert Water DistrictACH Demand List

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Payroll 07/16/20:

Wages 158,101.14$

ER - Social Security 9,009.18$

ER - Medicare 2,268.39$

ER - PERS (Longevity) 33.26$

ER - PERS 14,496.77$

Payroll Service Fee -$

Total Cost of Payroll 07/16/20 183,908.74$

Payroll 07/30/20:

Wages 186,880.05$

ER - Social Security 10,199.26$

ER - Medicare 2,685.35$

ER - PERS (Longevity) 33.26$

ER - PERS 14,509.62$

Payroll Service Fee -$




Hi-Desert Water District

Payroll Demand List

9

Agenda Item No: 3.B

Board of Directors Staff ReportMeeting Date: August 5, 2020Submitted by: Codi MixPresented by: Agenda Section:

Subject:2020 07 01 REGUAR MEETING MINUTES2020 07 15 REGULAR MEETING MINUTES

Recommendation:Board to review and approve the minutes from the July 1, 2020 and the July 15, 2020 regular Board meetings.

Fiscal Impact:N/A

Background:N/A

Attachments:2020 07 01 REGULAR BOARD MEETING MINUTES.docx

2020 07 15 REGULAR BOARD MEETING MINUTES.docx

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MSC1 – Motion made, seconded, and carried.

Hi-Desert Water District Board of DirectorsRegular Meeting MinutesWednesday, July 1, 2020

CALL TO ORDER/PLEDGE OF ALLEGIANCEPresident Mayes called the meeting to order at 5:00 p.m. Doug Culbert led the pledge.

ROLL CALLDirectors Present: President Roger Mayes, Vice President Sheldon Hough, Director Sarann Graham, Director Bob Stadum, Director Jim Byerrum

Staff Present: Ed Muzik, Tony Culver, Jonathan Abadesco, Mike Hayward, Doug Culbert, Codi Mix

APPROVAL OF AGENDAVice President Hough made a motion to approve the agenda.Director Graham seconded the motion.

MSC1 (Hough/Graham) motion carried by the following vote:

Ayes: Mayes, Stadum, Hough, Byerrum, GrahamNoes: NoneAbsent: NoneAbstain: None

PUBLIC COMMENTSNone

CONSENT CALENDAR

3.A. Demand List - #’s 96979-96974Demand List - #’s 3528-3551ACH – 06/25/2020Payroll Demand List – 07/01/2020

3.B. 2020 06 10 SPECIAL BOARD MEETING MINUTES

Director Stadum made a motion to approve the Consent Calendar.Vice President Hough seconded the motion.

MSC1 (Stadum/Hough) motion carried by the following vote:

Ayes: Hough, Byerrum, Graham, Mayes, StadumNoes: NoneAbsent: NoneAbstain: None

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PUBLIC HEARING: RESOLUTION 20-17 WATER STANDBY ASSESSMENTS FOR FISCAL YEAR 2020-2021President Mayes provided the information and Jonathan Abadesco gave the staff presentation and report.

President Mayes opened the public hearing at 5:08 p.m.

PUBLIC COMMENTS: Ricardo DeLuna, of Yucca Valley, submitted an email that was read by President Mayes. The email read: I think you should revise ask billing from the tax bills of your customers. It sure didn’t take long for talks of stacking liens against properties. You are a utility, not a tax. I feel that this is at very least unconstitutional and most probably, illegal. I would fight you... and win.

President Mayes closed the public hearing at 5:09 p.m.

Director Stadum commented that this is an annual review done and no increase is being proposed.

Director Graham made a motion to adopt Resolution 20-17 WATER STANDBY CHARGES FOR FISCAL YEAR 2020-2021Vice President Hough seconded the motion.

MSC1 (Graham/Hough) motion carried by the following vote:

Ayes: Mayes, Byerrum, Stadum, Hough, GrahamNoes: NoneAbsent: NoneAbstain: None

NEW MONUMENT SIGNMike Hayward gave the staff report. New designs from the previous Board meeting discussions were presented.

Director Stadum and Director Graham commented on the preference of the District logo on top with the monitor located below as shown in the provided Version 3C diagram.

President Mayes on the recommendation of moving forward with Version 3C; however, stated that with the monitor located at the bottom of the sign, landscape should be adjusted to accommodate view.

PUBLIC COMMENTS: None

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Vice President Hough made a motion to authorize the General Manager to accept a bid of a not-to-exceed amount of $45,084.53 from Stanco Signage Systems Inc. with Version 3C selected.Director Byerrum seconded the motion.

MSC1 (Hough/Byerrum) motion carried by the following vote:

Ayes: Stadum, Hough, Graham, Mayes, ByerrumNoes: NoneAbsent: NoneAbstain: None

PIPELINE BID PACKAGE B3: CHANGE ORDER 007Jonathan Abadesco gave the staff report.


Director Stadum made a motion to authorize the General Manager to approve Change Order No. 7 for Pipeline Bid Package B3 in the amount of $4,575.Director Graham seconded the motion.

MSC1 (Stadum/Graham) motion carried by the following vote: s/g

Ayes: Hough, Graham, Byerrum, Stadum, MayesNoes: NoneAbsent: NoneAbstain: None

WASTEWATER UPDATEDoug Culbert provided information on collecting, storing and treating the daily demand. He commented on concerns that were initially discussed regarding odors; however, is pleased to state that odors are very minimal, if at all. Doug also provided FOG control program updates with applications and compliance information.

Director Graham commented on being pleased with hearing that staff is using visits to commercial properties as an educational visit rather than enforcement as education is necessary.

Director Byerrum asked if all businesses are part of the FOG process contact or if it is done by industry, and Doug said yes, all are contacted and then it is determined if the process needs to continue.

For information only. No motion was made.

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REPORTS/COMMENTSDirectors’ Reports and Comments:Director Graham commented on COVID and the current destruction. She then read a small poem she found appropriate during these times.

Director Byerrum commented on attendance at the MWA Finance Committee meeting and provided information on the tax rate being set and the discussion of a potential rate drop.

Managers’ Reports:Ed Muzik thanked Mike Hayward on all his work surrounding the monument sign. He also wished everyone a Happy Fourth of July.

FUTURE AGENDA ITEMS REQUESTED BY THE BOARD Ed Muzik commented that item #5 would be removed soon.

CLOSED SESSION1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONSignificant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2)/(e)(1)One (1) Case

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code § 54957) Title: General Manager

The Board members, General Manager and Legal (via teleconference) entered into Closed Session at 5:30 p.m. and returned from closed session at 6:16 p.m.

CLOSED SESSION REPORTPresident Mayes stated there was no reportable action or information related to Item 1. Regarding Item 2, President Mayes reported that the General Manager will receive amerit increase of 2.5 and COLA of 2.3.

ADJOURNMENT – 6:17 p.m.

ATTESTED BY:

_______________________________ General Manager-Ed Muzik Secretary of the Board of Directors

APPROVED:

_______________________________________Roger MayesPresident of the Board of Directors

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Hi-Desert Water District Board of DirectorsRegular Meeting Minutes

Wednesday, July 15, 2020

CALL TO ORDER/PLEDGE OF ALLEGIANCEPresident Mayes called the meeting to order at 5:00 p.m. Mike Hayward led the pledge.

ROLL CALLDirectors Present: President Roger Mayes, Vice President Sheldon Hough, Director Sarann Graham, Director Bob Stadum, Director Jim Byerrum

Staff Present: Ed Muzik, Tony Culver, Jonathan Abadesco, Mike Hayward, Codi Mix

APPROVAL OF AGENDADirector Graham made a motion to approve the agendaVice President Hough seconded the motion.

MSC1 (Graham/Hough) motion carried by the following vote:

Ayes: Mayes, Stadum, Hough, Byerrum, GrahamNoes: NoneAbsent: NoneAbstain: None

PUBLIC COMMENTSBeverly Scott, Yucca Valley, commented on reading the District’s stated values and stated that two of the values are community trust and integrity. She stated that there have been emails circulating regarding recent Facebook posts from a Board member of racially insensitive comments. She stated these comments are an insult to the rate payers and the community who are all of different races and etic backgrounds. Beverly stated she would like this serious matter to be addressed by the District as soon as possible and will be following up on this as she hopes the District will do the right thing.

Debra Savitt, Yucca Valley, commented on being appalled at the recent postings of a Board member regarding the Black Lives Matter movement. She read the posted comment “I am offering a solution to Black Lives Matter. Let’s give them Mars, they can establish the world/country they desire. Start from Scratch. I’m willing for my tax dollars to pay for spacecraft to carry them to their new location.” Debra then stated she is appalled that a Board member allegedly wrote this statement as an elected, paid public official that represents all ethnically diverse in the community. She requested for an immediate investigation be conducted regarding this and action be taken.

Jo Ann Bollen requested an email be read aloud. President Mayes read the submittedemail that stated: To the High District Water Board of Directors, I am writing as a concerned citizen. There have been multiple Facebook posts that are being widely circulated that were posted by one of your Board members, Sarann Graham. These

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posts show that Ms.Graham has a racist outlook, and there is public outrage about this. Her comments (and sharing of others' comments) illustrate this outlook. As a Board member of the High Desert Water District, Ms. Graham has a responsibility to represent ALL residents, not just the white ones. I noticed on your website that the board members take an Ethics Class and are certified. I don't believe Ms Graham's posts are ethical. The culture of hate and racism on her posts is a window into her attitudes. I believe in Free Speech, but I also believe that the Town and County Government have a responsibility to ensure that residents are fairly and honestly represented. I would be very concerned that Ms. Graham would not act in the best interests of residents that are People of Color. It is my belief that Ms. Graham should step down from her position as a Board member of the HDWD. We deserve a Board that represents ALL of our Water District. I have attached screenshots of some of her offensive posts for your review. The posts may no longer be visible to the public. Thank you for your consideration in this matter.

An additional email was submitted anonymously by “Gentle Fellow”. President Mayes read the email that stated: Hi Desert Water Board, Board member Sarann Graham posted a dangerous and highly offensive public comment on social media very recently, which poses a danger to Hi-Desert Community citizens, all whom support and pay for services provided by the Hi Desert Water District. I request you read these comments out loud, and require that the Hi Desert Water Board and Ms. Graham issue a public apology, followed up by concrete actions about how she and the Hi Desert Water Board intent to address the pervasive expression of racism in the Hi Desert , as evidenced by Ms. Graham. Ms. Graham's comments read: "I'm offering a solution to Black Lives Matter. Let's give the Mars, they can establish the world/county they desire. Start from scratch. I'm will for my tax dollars to pay ...." Ms. Graham also writes that she wants English as the only language of the USA." These comments are offensive and perpetuate an environment of racism for the Black, Latino, Asian, Middle Eastern and other non-white citizens of the Hi-Desert. An apology is in order to the public, to whom her comments were intended. In addition, reprimand and an accountability for this racism is my demand. Given Ms. Graham's overt racism, I am writing this anonymously, as her comment has created an environment of hate, lack of safety, and feeling ofridicule.

CONSENT CALENDAR

3.A. Demand List - #’s 96975-97063Demand List - #’s 3552-3575Payroll Demand List – 07/07/2020

Director Stadum made a motion to approve the Consent Calendar.Vice President Hough seconded the motion.

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Ayes: Hough, Byerrum, Graham, Mayes, StadumNoes: NoneAbsent: NoneAbstain: None

RESOLUTION 20-19 PUBLIC HEARING: CHANGE OF USE ADJUSTMENTS FOR PROPERTIES IDENTIFIED WITHIN ASSESSMENT DISTRICT 2014-1 BOUNDARYPresident Mayes opened the public hearing at 5:12 p.m.

Jonathan Abadesco gave the staff report.


Following no public comment, the President Mayes closed the public hearing at 5:16 p.m.

Director Stadum made a motion to adopt Resolution 20-19, approving the necessary adjustments to levies for properties identified in Assessment District 2014-1 as having a change of use of the sewer system.Vice President Hough seconded the motion.


Ayes: Byerrum, Mayes, Graham, Stadum, HoughNoes: NoneAbsent: NoneAbstain: None

ANNUAL BLANKET PURCHASE ORDERS 2020/2021Jonathan Abadesco gave the staff report.


President Mayes commented on the approval of the continued use of Umetech for IT services as an IT contract has not gone out to bid for 3 years. He stated he will not approve this as he has continued to request IT service go to bid and it has not been done. He also asked about the line item for GIS Updates by the company Nextiva when Nextiva is the District’s phone system. Mike Hayward stated this was done in error by a typo on the document.

Ed Muzik stated that IT Services should have gone to proposal; however, staff decided it would be best to continue with the current company (Umetech) during a planned

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upgrade with the billing software. He also provided information on current issues with COVID 19 and changes with staff. Director Graham commented on providing a memo with explanation with these types of reasons in future blanket purchase order reports.

A discussion on moving forward with the authorization was conducted and it was determined that while approved, the Board requests IT Services go to bid in the near future.

Vice President Hough made a motion to authorize the General Manager to sign blanket purchase orders for purchases/services not to exceed the amounts listed with the understanding that IT Services will go to bid in the near future.Director Stadum seconded the motion.

MSC1 (Hough/Stadum) motion carried by the following vote:

Ayes: Graham, Stadum, Hough, ByerrumNoes: MayesAbsent: NoneAbstain: None

RESOLUTION 20-20 DECLARING CERTAIN PROPERTY TO BE SURPLUSJonathan Abadesco gave the staff report. A new resolution was presented to the Board, staff, and public with a revision to include the Assistant General Manager as singing agent.


Director Byerrum made a motion to approve Resolution 20-20 to approve the addition of James Byerrum (Director), Jonathan Abadesco (CFO), and Tony Culver (AGM) as signatories on the District’s bank accounts.

MSC1 (Byerrum/Graham) motion carried by the following vote:

Ayes: Stadum, Hough, Graham, Mayes, ByerrumNoes: NoneAbsent: NoneAbstain: None

RESOLUTION 20-18 DECLARING CERTAIN PROPERTY TO BE SURPLUSMike Hayward gave the staff report.


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Director Graham asked if another agency could possibly be sold the Shoretel telephone system. Ed Muzik commented on the original vendor of Shoretel and service needs no longer available. Mike Hayward provided additional information to Ed’s comment,stating software and equipment updates need to be made at a significant cost.

Director Stadum inquired about how items that do not sell are disposed of. Mike Hayward provided policy guidelines that will be of the General Manager’s discretion.

Vice President Hough made a motion to adopt Resolution 20-18 declaring certain property as Surplus.Director Byerrum seconded the motion.

MSC1 (Hough/Byerrum) motion carried by the following vote:

Ayes: Hough, Graham, Byerrum, Stadum, MayesNoes: NoneAbsent: NoneAbstain: None

WASTEWATER UPDATEDoug Cubert provided the update. He gave information on flow, connections and the relation to running the plant at a 24/7 time period. He also gave discharge information to the aquifer. Photos of the sludge from the plant was presented.

Vice President Hough asked if sludge is sterile, and Doug Culbert stated the sludge isbiosolids and not sterile. A discussion regarding designated bins and area was discussed in regards to the biosolid not being sterile.

FOG permits were commented on and the amount issued and received was given. Doug Culbert provided information on sewage backups staff had recently responded to and explained the process involved.

Director Byerrum thanked Doug Culbert for the good report.

A request on using acre feet as the measurement was made.

REPORTS/COMMENTSDirectors’ Reports and Comments:Director Stadum commented on attending the Finance/Audit Committee meeting and provided information on the items discussed.

Director Graham addressed the public comments made at the beginning of the meeting by stating she whole heartedly apologizes to the District and public. She said she has never been known to be a racist and has family and friends of many races. She stated she had already contacted the local newspaper, Hi-Desert Star, and a public apology will be printed. Director Graham said she posted the statement when she was upset

19


with the non-peaceful protests and the destroying of businesses and provided statement on how she was upset with BLM as she though they should have attempted to stop this from occurring. She concluded by stating she does not know if her apology will be accepted but she does not know what else she can do but apologize.

Director Byerrum commented on attending the MWA meeting and provided information on Cortner being named the GM. He also provided information on several agenda items and the discussions had. He also stated he attended the July Finance/Audit meeting.

President Mayes read a public comment card providing kudos to staff member Cory Moran. He thanked the public for the comment and thanked staff for work well done.

Managers’ Reports:Tony Culver commented on the slow-down of sewer connections and provided reasoning of the commercial corridor being done so connections are taking longer.

Ed Muzik commented on changes at MWA. He also stated BBK drafted a letter regarding the impact the listing of the Joshua Tree on the endangered species list would have on the District’s wastewater project. He said the letter will be sent to the Fish and Game Commission for review and consideration.

Ed Muzik thanked staff member, Ryan Hutchins, for assisting with the Zoom meetingtonight from the back office.

FUTURE AGENDA ITEMS REQUESTED BY THE BOARD None

ADJOURNMENT – 6:18 p.m.

ATTESTED BY: _______________________________ General Manager-Ed Muzik Secretary of the Board of Directors

APPROVED:

_______________________________________Roger MayesPresident of the Board of Directors

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Agenda Item No: 4.A

Board of Directors Staff ReportMeeting Date: August 5, 2020Submitted by: Ed MuzikPresented by: Ed Muzik, General ManagerAgenda Section:

Subject:SAGE ESTATES ASSESSMENT CREDIT

Recommendation:Staff recommends the Board of Directors authorize the General Manager to approve future assessment creditfor Tract No. 17862 (Sage Estates) in the amount of $2969.80/ lot.

Fiscal Impact:N/A

Background:On April 20, 2018 an A Will Serve Agreement was executed between Hi-Desert Water District (the District) andCopper Hills Homes LLC (the developer) for Tract No. 17862 (Sage Estates) providing conditions for futureacquisition of Water and Sewer Facilities by the District. The cost to build the existing sewer collection facilitieswas $317,769.10. As Sage Estates consists of 107 lots the total credit for each lot would amount to $2,969.80.

On May 20, 2020, at a regular Board meeting, the Board passed Resolution 20-07 establishing an AssessmentAdjustment Policy (attached for review).

Attachments:Assessment_Credit_Policy__2020__513220.docx

21

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/652192/Assessment_Credit_Policy__2020__513220.pdf

24482.00010\32898525.2

Assessment Adjustment Policy

The Hi-Desert Water District (the “District”) previously formed Assessment District No. 2014-1 (“AD 2014-1”) for the purpose of financing the costs of the first phase constructing a wastewater collection, conveyance, and treatment system for the District (“District Wastewater System”). In order to complete the District Wastewater System, two additional phases will be completed over the coming years. The District will form additional assessment districts in the future, which will levy assessments to pay, in part, the costs of the second and third phases of the District Wastewater System development.

Certain developments that will be served by the District Wastewater System have installedprivate wastewater facilities or package treatment plants to serve the parcels within the development (“Private Wastewater Facilities”). Owners of the parcels within such developments have expressed an interest in transferring the Private Wastewater Facilities to the District for inclusion in the District Wastewater System. Private Wastewater Facilities may reduce the District’s costs for construction of the District Wastewater System.

This policy establishes a framework for the District to adjust future assessments when Private Wastewater Facilities are transferred to the District for inclusion in the District’s Wastewater System. Additionally, other owners of parcels within the District may change the use of the property, and may request an adjustment to the assessment accordingly. This policy also provides requirements for requesting such an adjustment; provided, however, that nothing in this policy prohibits the District from adjusting the assessment of any property owner, upon its own initiative, to reflect a change in use of the property.

1. Criteria for Providing Assessment Adjustments for Private Wastewater Facilities

The District may adjust a parcel’s assessment if all of the following criteria are met:

(a) The parcels within the development served by the Private Wastewater Facility will be subject to an assessment by either AD 2014-1, or a future assessment district to be formed by the District.

(b) The Private Wastewater Facilities will, once transferred, reduce the District’s costs to construct the District’s Wastewater System, as determined by the District Engineer. For example, the Private Wastewater Facilities will avoid the need to construct certain District Wastewater System facilities, or will reduce the cost to construct certain District Wastewater System facilities.

(c) The District Engineer shall inspect and approve the Private Wastewater Facilities prior to the District’s acceptance of such facilities by written agreement.

(d) The parcel owner shall enter into a written agreement with the District and execute such other documents or instruments as are necessary to transfer the Private Wastewater Facilities to the District.

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24482.00010\32898525.2

2. Amount of the Adjustment; Application to Multiple Parcels

Upon satisfaction of the above criteria, the District may adjust the assessment levied by an assessment district. If the adjustment would be provided toward an assessment levied by an assessment district for which any financial, contractual, or debt obligation exists, the adjustment shall be made only if such adjustment will not interfere with the obligation, in the reasonable determination of the General Manager.

Adjustments provided by the District for the transfer of Private Wastewater Facilities shall not exceed the depreciated value of the Private Wastewater Facilities (as determined by the District Engineer or other person designated by the District to determine the value of the Private Wastewater Facilities), or the cost to construct the Private Wastewater Facilities, whichever is less.

The adjustment will be applied proportionally to all parcels within a development served by the Private Wastewater Facilities. If the adjustment is applied to multiple parcels, however, the cumulative value of the adjustments shall not exceed the limit set forth above.

3. Adjustments Due to Change of Use

Parcel owners may also request an adjustment to the AD 2014-1 assessment, or a future assessment, based on change of use of the property. The District will adjust the assessment if the new use of the property would be assessed a greater or lesser amount under the respective assessment methodology. Parcel owners requesting such an assessment must provide any and all information requested by the District to confirm an adjustment should be made. Any adjustment made to the assessment under this provision will conform with the respective assessment methodology for the new use of the property. Nothing herein limits the District’s ability to increase or decrease an assessment, on its own initiative, due to a change of use under the respective assessment methodology.

4. Cooperation and Documentation

Parcel owners requesting an adjustment under this policy shall permit inspection by the District Engineer and any other District employees or consultants they deem necessary. In addition, the owners shall provide all necessary documentation requested by the District to ensure that the criteria in this policy have been met and that the amount of the adjustment is consistent with the limits in this policy.

5. Implementation by the District

Except as specifically provided in this policy or required by applicable law, District’s General Manager is authorized to implement all provisions of this policy and to execute agreements for the transfer of Private Wastewater Facilities without return to the Board of Directors, provided, however, that any assessment adjustment exceeding $25,000.00 shall require approval of the Board of Directors.

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Agenda Item No: 4.B

Board of Directors Staff ReportMeeting Date: August 5, 2020Submitted by: Jonathan AbadescoPresented by: Mike Hayward, Purchasing Manager and Jonathan Abadesco, Chief Financial OfficerAgenda Section:

Subject:RESOLUTION NO. 20-21 ADOPTING REVISIONS TO THE PURCHASING POLICY

Recommendation:Staff is recommending that the Board of Directors adopt Resolution No. 20-21 to adopt the revisions to theDistrict's purchasing policy.

Fiscal Impact:N/A

Background:This agenda item was presented to the Finance/Audit Committee on July 14, 2020.

Below are the summary of changes to the purchasing policy:

District Code Section 4.10.060 - Approval requirementsThe District's current approval requirements are only related to wastewater fund. Staff is recommending achange to include items related to the water fund (no change in approval dollar amount requirements).

District Code Section 4.10.070 - Approval matrixA. "Forepersons" will be changed to "Lead Operator" (no change in dollar approval amount);B. Add Construction Supervisor, Controller, Customer Service/Billing Manager, Production Foreman, ChiefPlant Operator (no change in dollar approval amount);C. Approval limit for CFO and AGM - increase from $5,000 to $10,000; D. Approval limit for GM - increase from $25,000 to $50,000; andE. Board of Directors (no change)

District Code Section 4.10.075 - Signatory limits- Check signing authority of GM - increase from $25,000 to $50,000; - Add AGM-Operations, and AGM-Administration in lieu of the CFO;- Check signing authority of AGM-Operations, AGM-Admin or CFO - increase from $5,000 to $10,000; - Checks over $50,000 require two signatures (one signature must be either the GM or a board member; thesecond signature can be the GM, any Board Member, the AGM-Operations, AGM-Admin, or the CFO); and- Added "In the event the check is prepared by AGM-Admin or the CFO, the AGM-Admin or the CFO should notbe allowed to sign that check".

District Code Section 4.10.150 - Credit card purchases

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- Credit card purchases that may be made by the GM - limit increase from $10,000 to 20,000 per month.Add - Credit card purchases, limited to $10,000 per month, may be made by the AGM, CFO, and thepurchasing manager.

District Code Section 4.10.160 - Petty cash purchases- Maximum petty cash expenditure - increase from $30 to $50; - Require GM approval - increase from over $30 to over $50; and - Added Maximum limit of petty cash fund is set from $400 to $500.

Attachments:Resolution 20-21 Adopting Revisions to the Purchasing Policy.DOCX

Exhibit A - Purchasing Policy.pdf

25

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/653962/Resolution_20-21_Adopting_Revisions_to_the_Purchasing_Policy.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654459/Exhibit_A_-_Purchasing_Policy.pdf

Resolution No. 20-21

A Resolution of the Board of Directors of the Hi-Desert Water District,

San Bernardino County, California,

Amending the District’s Purchasing Policy

WHEREAS, the Board of Directors of the Hi-Desert Water District (District) adopted the following resolutions within the District Code:

“Resolution 17-02 updating Section 4.10.060 “Approval requirements”, Resolution 13-16 updating Section 4.10.070 “Approval matrix”, Resolution 10-30 updating Section 4.10.075“Signatory limits”, Resolution 10-24 updating Section 4.10.150 “Credit card purchases” and Section 4.10.160 “Petty cash purchases”; and

WHEREAS, a review of the District’s purchasing policy is conducted from time to time to ensure it align with the business needs of the District;

WHEREAS, staff has completed a review of the District’s purchasing policy in Section 4.10.060 “Approval requirements”, Section 4.10.070 “Approval matrix”, Section 4.10.075 “Signatory limits”, Section 4.10.150 “Credit card purchases”, and Section 4.10.160 “Petty cash purchases”;

NOW, THEREFORE BE IT FINALLY RESOLVED by the Board of Directors of the Hi-Desert Water District that this Resolution shall rescind 17-02, 10-30, 10-24 and supersede all other previous District resolutions and ordinances that may conflict with, or be contrary to, this Resolution.

APPROVED AND ADOPTED this 5th day of August, 2020 by the following vote:

Ayes: Noes: Absent: Abstain:

______________________________Roger Mayes,President of the Board of Directors

CERTIFICATION

I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Hi-Desert Water District held on August 5, 2020.

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Attest:

______________________________Ed Muzik, General ManagerSecretary of the Board of Directors

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Hi-Desert Water District Municipal Code

Page 1/2

4.10.060 Approval requirements. Purchases and agreements in the amount listed below may be approved by the general manager, or his/her designee, as follows:

A. Fifty thousand dollars or less on items only related to the water or wastewater reclamation project;

B. Fifty thousand dollars to $100,000 on items related only to the wastewater reclamation project with approval by the board president and the vice-president or an alternative member of the board;

C. Twenty-five thousand dollars or less on any other items not related to the wastewater water reclamation project.

All other purchases and agreements exceeding the general manager’s authorization amount require board approval. [Res. 17-02; Res. 10-24 § 1020.6].

4.10.070 Approval matrix. The intention of the approval matrix is to designate the level of authorization required for purchases. It is designed so that increasing responsibility moves horizontally to the right across the columns while increasing dollar ranges go down the matrix vertically. Supervisors and management must obtain their immediate supervisor’s approval for their expenses such as seminars, travel, and mileage reimbursement.

The approval requirement of purchases is based on the total amount of the purchase as follows (transactions cannot be split to get under the approval requirements):

A. ForepersonsLead Operator: $0 to $500.00.

B. Purchasing managerManager, HR managerManager, and public informationConstruction Supervisor, Controller, Customer Service/Billing Manager, Production Foreman, Chief Plant Operator: $0 to $1,000.

C. District superintendent: $0 to $2,500.

DC. CFO and AGM, water resources and operations: $0 to $510,000.

ED. General managerManager: $0 to $25,00050,000.

FE. Board of directorsDirectors: no limit. [Res. 13-16 (Att. A); Res. 10-24 § 1020.7].

4.10.075 Signatory limits. The general manager has authority to sign checks up to $25,00050,000. and tThe AGM-operations, AGM-administration or the chief financial officer (CFO) has the authority to sign checks up to $5,00010,000. Checks over $25,00050,000 will require two signatures, where one of the signatures must be either the General Manager or a board member, and the second signature can be of any combination of the general General managerManager, any and board Board membersMember, the AGM-Operations, AGM-Administration, and/or the CFO. In the event that the check is prepared by the AGM-Administration or the CFO, the AGM-Administration or the CFO should not be allowed to sign that check. [Res. 10-30].

4.10.150 Credit card purchases. Credit card purchases, limited to $10,000$20,000 per month, may be made by the general manager. Credit card purchases, limited to $10,000 per month, may be made by the AGM, CFO, and the purchasing manager. Members of the board of directors are limited to credit card purchases for travel or travel-related expenses while in the performance of district duties or in attendance at district-related training or seminars. Director travel expenses shall be handled according to Chapter 3.100 HDWDC, Travel and Expense Policy. Notwithstanding the foregoing, members of the board of directors shall be required to comply with all applicable laws, rules and regulations regarding expenditures and reimbursements including, but not limited to, laws regarding conflicts of interest and ethical requirements.

All receipts for credit card purchases must be received by accounts payable before the credit bill is due. Purchase requisitions for a purchase order may be required for credit card purchase if the dollar amount exceeds $500.00.

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Page 2/2

No personal expenses are to be charged to the credit card at any time or for any reason whatsoever. [Res. 10-24 § 1020.15].

4.10.160 Petty cash purchases. The basic premise for petty cash purchases is that it is less expensive to pay for small, nonrepetitive purchases with cash than with check. The maximum petty cash expenditure is $30.0050.00; any request over $30.0050.00 must be approved by the general manager. The maximum limit of petty cash fund is set at $500.00. Transactions cannot be split to utilize petty cash rather than the standard purchasing procedures. [Res. 10-24 § 1020.16].

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Agenda Item No: 4.C

Board of Directors Staff ReportMeeting Date: August 5, 2020Submitted by: Jonathan AbadescoPresented by: Jonathan Abadesco, Chief Financial OfficerAgenda Section:

Subject:RESOLUTION NO. 20-22 DESIGNATING AUTHORIZED REPRESENTATIVES TO SIGN WARRANTS

Recommendation:Staff is recommending that the Board of Directors adopt Resolution No. 20-22 to update the signatories on theDistrict's bank accounts.

Fiscal Impact:N/A

Background:Due to the resignation of the District's former director, staff is recommending that Sarann Graham be removedfrom all District bank accounts as an authorized signatory.

Attachments:Resolution 20-22 Designating Authorized Representatives to Sign Warrants.DOCX

30

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654075/Resolution_20-22_Designating_Authorized_Representatives_to_Sign_Warrants.pdf




Designating Authorized Representatives to Sign Warrants

WHEREAS, the Board of Directors of the Hi-Desert Water District (District) believe it necessary to update the authorized signers to better serve the needs of the District; and

WHEREAS, the following person(s) below are authorized signers for all District accounts held at Pacific Western Bank; and

NOW AND THEREFORE, BE IT RESOLVED by the Board of Directors that the following person(s) are authorized signer(s) on checks and other instruments on behalf of the District in accordance with District policies; and

Name: Roger Mayes , Position: PresidentName: Sheldon Hough , Position: Vice PresidentName: Bob Stadum , Position: DirectorName: James Byerrum , Position: DirectorName: Ed Muzik , Position: General ManagerName: Tony Culver , Position: AGM - OperationsName: Jonathan Abadesco , Position: Chief Financial Officer

BE IT RESOLVED, that the President is hereby appointed Certifying Representative on behalf of the District:

NOW, THEREFORE BE IT FINALLY RESOLVED by the Board of Directors of the Hi-Desert Water District that this Resolution shall rescind 20-20 and supersede all other previous District resolutions and ordinances that may conflict with, or be contrary to, this Resolution.




CERTIFICATION


31

Attest:


32

Agenda Item No: 4.D


Subject:RESOLUTION NO. 20-23 NON-RESIDENTIAL ADJUSTMENT ON SEWER FEES DUE TO WATER LEAKS

Recommendation:Staff and the Finance/Audit Committee are seeking the Board of Directors to adopt Resolution No. 20-23 and toapprove the recommendation providing a credit adjustment on non-residential customers' sewer fee due towater leaks.

Fiscal Impact:N/A

Background:This agenda item was presented to the Finance/Audit Committee on July 14, 2020.

Currently, if a non-residential customer has a water leak and the consumption has increased, the customermay be eligible for a one-time adjustment. This adjustment is 25% off the water consumption. Sincenon-residential customers sewer fees are based on water consumption, it also affects its sewer fees.

Staff and the Finance/Audit Committee are seeking the Board of Directors to approve the recommendation toprovide 100% one-time credit adjustment on the increased sewer fees if the leak is an outside leak (not going tothe treatment plant), and a 50% one-time credit adjustment on the increased sewer fees if the leak is an insideleak (going to the treatment plant).

Attachments:Exhibit A - Evaluation of High Consumption.pdf

Resolution 20-23 Non-Residential Adjustment on Sewer Fees due to Water Leaks.DOCX

33

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654515/Exhibit_A_-_Evaluation_of_High_Consumption.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654714/Resolution_20-23_Non-Residential_Adjustment_on_Sewer_Fees_due_to_Water_Leaks.pdf

Hi-Desert Water District Municipal Code Chapter 5.65 EVALUATION OF HIGH CONSUMPTION

Page 1/2

The Hi-Desert Water District Municipal Code is current through Ordinance 89, passed January 22, 2020, and Resolution 20-01, passed February 12, 2020.

Chapter 5.65

EVALUATION OF HIGH CONSUMPTION

Sections: 5.65.010 Purpose. 5.65.020 Evaluation of accounts with high water consumption. 5.65.030 Adjustment approval authority. 5.65.040 Record of adjustments.

5.65.010 Purpose. The Hi-Desert Water District is responsible for maintaining all water lines up to and including the customer check valve. Beyond the check valve, the customer is responsible for all maintenance and the water that flows into their system. The district does not assume any responsibility for water usage beyond the customer’s check valve. This policy provides a process to consider relief to customers who experience a water leak or above-normal consumption as a result of a leak. [Res. 10-21 § 3030.1].

5.65.020 Evaluation of accounts with high water consumption. The following process shall be followed when a customer contacts account is identified as above-normal water usage.

A. Reread Meter. A work order shall be generated by staff to verify the meter reading and check for leaks. There shall be no charge to the customer for this service. If the second reading proves the initial reading to be incorrect, then an adjustment shall be made accordingly to the customer’s account. No further action is required.

B. Notify Customer. In the event the second read confirms the consumption is accurate, district staff will, by phone call or a door hanger, notify the customer of the high consumption and possibility of a leak, offering the opportunity to participate in the household water awareness program.

C. Household Water Awareness Program. The household water awareness program models the practices established by the California Urban Water Conservation Council. A district field service representative visits the customer’s property to perform comprehensive water audits. Both indoor and outdoor audits are performed including leak detection, flow rates of all water fixtures, identification of devices that could be replaced with more efficient models, and an evaluation of the irrigation systems and landscaped area. Customers are shown how to proactively detect leaks. Information is left with the customer on practical water conservation techniques and desert landscape tips best suited to our environment. This program includes residential, multifamily residential, commercial, industrial, and institutional customers.

Only customers that participate in the free household audit program may be eligible for consideration of a leak adjustment.

D.D Non-Residential Adjustment on Sewer Fees due to Water Leaks. Non-residential customer includes commercial, public entities, irrigation, multi-family, and parks. Non-residential customers’ sewer fee is based on water consumption, which also affects its sewer fees. If a non-residential customer has an outside leak, where the leak is not going directly to the plant, a 100% one-time credit adjustment on the increased sewer fees will be provided by the District. If a non-residential customer has an inside leak, where the leak is going directly to the treatment plant, a 50% one-time credit adjustment on the increased sewer fees will be provided by the District. For any recurring outside or inside leak, please refer to Section 5.65.020, item E “Conclusion – Adjustments”.

E. Conclusion – Adjustments. Once the water audit is complete, an adjustment of no greater than 25 percent of the water usage may be approved by the department supervisor. Adjustments may only be given one time on an account, unless otherwise approved by the general manager or board of directors if:

1. The cause of excessive consumption is a result of a leak that the customer was unaware of and the customer can show proof of repair.

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Hi-Desert Water District Municipal Code Chapter 5.65 EVALUATION OF HIGH CONSUMPTION

Page 2/2


2. If the district has contacted the account holder regarding a leak and action was delayed, the account is not eligible for an adjustment. [Res. 10-21 § 3030.2].

5.65.030 Adjustment approval authority. A. Zero dollars to $499.00 requires a supervisor’s approval.

B. Five hundred dollars to $1,499 requires the general manager’s approval.

C. One thousand five hundred dollars or more requires board of directors’ approval. [Res. 10-21 § 3030.3].

5.65.040 Record of adjustments. A record of all adjustments shall be maintained by customer service/billing. The customer service supervisor will provide a report on all adjustment over $500.00 to the general manager to be included in the next regular board meeting. [Res. 10-21 § 3030.4].

35




Non-Residential Adjustment on Sewer Fees Due to Water Leaks


“Resolution 10-21 updating Section 5.65.020 “Evaluation of accounts with high water consumption”; and

WHEREAS, a review of the District’s Evaluation of High Consumption policy is conducted from time to time to ensure it align with the business needs of the District;

WHEREAS, staff has completed a review of the District’s Evaluation of High Consumption policy in Section 5.65.020 “Evaluation of accounts with high water consumption”;

NOW, THEREFORE BE IT FINALLY RESOLVED by the Board of Directors of the Hi-Desert Water District that this Resolution shall rescind 10-21, and supersede all other previous District resolutions and ordinances that may conflict with, or be contrary to, this Resolution.




CERTIFICATION


Attest:


36

Agenda Item No: 4.E


Subject:RESOLUTION NO. 20-24 EMPLOYEES' USE OF DISTRICT VEHICLES

Recommendation:Staff is recommending that the Board of Directors adopt Resolution No. 20-24, as a housekeeping item torequire all employees who drive a District vehicle to sign the District Employee Vehicle Use IndemnificationAgreement.

Fiscal Impact:TBD

Background:On June 3, 2020, the Board approved the District Employee Vehicle Use Indemnification Agreement(Indemnification Agreement).

The District's current policy for the use of District vehicles states if the accident was the employee's fault, anddepending on the circumstances, the employee may be held personally liable for the damages and any liabilityclaims arising from the accident. All employees who drive a District vehicle will be required to sign the District'sindemnification Agreement.

Staff is recommending that the Board of Directors adopt Resolution No. 20-24, as a housekeeping item torequire all employees who drive a District vehicle to sign the District's Indemnification Agreement.

Attachments:District_Vehicle_Use_Indemnification_Agreement.docx

Resolution 20-24 District Employee Vehicle Use Indemnification Agreement.DOCX

Exhibit A - Use of District Vehicles.pdf

37

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654542/District_Vehicle_Use_Indemnification_Agreement.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654613/Resolution_20-24_District_Employee_Vehicle_Use_Indemnification_Agreement.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654614/Exhibit_A_-_Use_of_District_Vehicles.pdf

1

DISTRICT EMPLOYEE VEHICLE USE INDEMNIFICATION AGREEMENT

This District Vehicle Use Indemnification Agreement (“Agreement”) is entered into this day of , 2020 by and between the Hi-Desert Water District(hereinafter “District”) and ___________________, (hereinafter “Employee”) for the provision and use of the District-owned vehicle described below. Sometimes hereinafter District and Employee may be referred to individually as a “Party” or collectively as the “Parties.”

RECITALS

WHEREAS, the District’s Municipal Code Section 3.65.070 allows employees to use District-owned vehicles under specific circumstances and subject to specified requirements and regulations; and

WHEREAS, the District’s Municipal Code Section 3.65.070 allows employees to use a District-owned vehicle for transportation to and from their residence, to store the vehicle at their residence when the vehicle is not being used for District business, to use the vehicle for educational activities, personal errands during lunch breaks and on their way to and from work, and for medical appointments during work hours; and

WHEREAS, the District’s Municipal Code Section 3.65.070 states that where an employee is involved in an accident with a District vehicle and the employee is at fault, the employee may be held personally responsible for the damage and any liability claims arising from the accident; and

WHEREAS, the District and Employee wish to clarify that any time the Employee is involved in an accident with a District vehicle while the Employee is on personal time and not conducting District business that the Employee will be held personally responsible for the damage and any liability claims arising from the accident.

Now, therefore, in consideration of the mutual covenants, promises and representations herein and other valuable consideration, the receipt and sufficiency are hereby acknowledged, the Parties hereto agree as follows:

AGREEMENT

1. The Recitals above are true and correct and are hereby incorporated herein by this reference.

2. As a condition to accepting a District vehicle to use for the purposes specified in the District’s Municipal Code Section 3.65.070, Employee agrees that if Employee is involved in an accident while operating a District vehicle while on personal time and not conducting District business, such as, but not limited to, running personal

38

2

errands (hereinafter, “Accident”), that the Employee will be responsible for all damage costs and for any liability claims arising from such Accident.

3. The Employee agrees to defend (with counsel reasonably acceptable to District), indemnify and hold District, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Employee in connection with anAccident, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Employee agrees that his or herobligation to indemnify shall not be restricted to insurance proceeds, if any, received by Employee, District, its officials, officers, employees, agents, or volunteers.

4. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

5. The venue of any disputes arising out of this Agreement shall be the Superior Court of the State of California for the County of Riverside.

6. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorneys’ fees and costs of suit from the other Party.

7. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force as though the invalid, illegal, or unenforceable portion has never been part of this Agreement.

8. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement.

9. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

District Employee

Name: Name:

Title: Title:

Date: Date:

39




District Employee Vehicle Use Indemnification Agreement


“Resolution 13-18 updating Section 3.65.070 “Use of district vehicles”; and

WHEREAS, a review of the Use of District Vehicles policy is conducted from time to time to ensure it align with the business needs of the District;

WHEREAS, staff has completed a review of the District’s Use of District Vehiclespolicy in Section 3.65.070;

NOW, THEREFORE BE IT FINALLY RESOLVED by the Board of Directors of the Hi-Desert Water District that this Resolution shall rescind 13-18, and supersede all other previous District resolutions and ordinances that may conflict with, or be contrary to, this Resolution.




CERTIFICATION


Attest:


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3.65.070 Use of district vehicles. Upon approval of his/her supervisor, an employee may be required to use a district vehicle, or at times may be permitted to use a personal vehicle, while conducting district business. While using a personal vehicle, the employee will be reimbursed a mileage rate equivalent to the rate established by the Internal Revenue Service providing that the employee has a certificate of automobile insurance on file with the district. An accurate amount of total mileage must be maintained. In order to ensure that those employees using district vehicles are safe drivers, a California driver’s license is required and the general manager shall check the employee’s driving record through the Department of Motor Vehicles.

If operating a district vehicle, or a personal vehicle on behalf of the district, the employee shall comply with all district and state laws regarding the operation of motor vehicles, including state law requiring both driver and passengers of motor vehicles to wear seat belts. For drivers, use of a cell phone must be hands-free. Employees will be personally responsible for any traffic citation incurred unless excused by the general manager.

If an accident should occur, the employee must stay at the scene until a traffic accident report is prepared by the local law enforcement agency, unless the employee requires medical attention. The accident must be brought to the attention of the general manager immediately through the chain of command. If the accident was the employee’s fault, and depending on the circumstances, the employee may be held personally liable for the damage and any liability claims arising from the accident. The accident, depending on the circumstances, may also be grounds for dismissal.

The following rules shall apply to the use of district vehicles:

A. Board of Directors. Board directors may check out a district vehicle to drive to and from approved meetings by reserving dates with the district secretary.

B. General Manager. The district requires the general manager to drive a vehicle, per IRS Code Section 1.274-5(k)(5), in order to be able to respond in emergency situations for the purpose of restoring or maintaining water services. Therefore, the general manager’s employment contract may include a monthly auto allowance, paid as taxable income, in compensation for business use of his/her personal vehicle. In lieu of the auto allowance, the general manager may receive the use of a district-provided vehicle for his/her business and personal use. If so, the cost to purchase, maintain, and insure the district-provided vehicle will not exceed the amount of the auto allowance specified in the general manager’s contract.

C. Assigned Vehicles. Certain district service vehicles are assigned to specific management and supervisory positions on a 24-hour-per-day basis for emergency purposes. A list of district employees who are assigned such vehicles is maintained by human resources. Such employees are authorized to use the vehicles assigned to them day or night to respond to district business requirements.

Certain district service vehicles are assigned to employees who are on-call for emergencies that occur during non-business hours. Such employees are authorized to use the vehicles assigned to them during the scheduled on-call periods to respond to district business requirements.

The above employees are also authorized to use the vehicle for transportation to and from their residence and to store the vehicle at their residence when the vehicle is not being used for district business. The above employees may also use the vehicle for educational activities, personal errands during lunch breaks and on their way to and from work, and for medical appointments occurring during work hours. With written approval from the general manager, the above employees may transport members of their immediate family (spouse and children) during lunch breaks and on their way to and from work. Transportation of any non-district personnel for non-district business requires the approval of the general manager. Any other use of such vehicles is not authorized, and unauthorized use of such vehicles will subject the employee to disciplinary action, up to and including suspension and/or termination.

Employees must comply with all district policies and procedures and must remain sensitive to the public’s perception of them while using district vehicles. The transportation of firearms, alcoholic beverages or illegal drugs is prohibited.

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Each employee assigned a district vehicle is responsible for Social Security and income taxes relating to the commuting value and will comply with all applicable Internal Revenue Service regulations.

D. Effective immediately, all employees who drive a district vehicle will be required to sign the District Employee Vehicle Use Indemnification Agreement.

DE. Except as stated above, use of district vehicles outside of normal business hours may be made only upon prior approval of the general manager.

EF. Except as stated above, district employees may use district vehicles only for transportation required to perform their official district duties.

FG. Smoking is prohibited in all district vehicles, including those assigned to an employee and all vehicles available to employees for general district business such as pool vehicles, utility trucks, heavy equipment, etc. [Res. 13-18 Att. A; Res. 12-18 Att. A; Res. 10-13 Art. 12 § G].

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Agenda Item No: 4.F

Board of Directors Staff ReportMeeting Date: August 5, 2020Submitted by: Codi MixPresented by: Ed Muzik, General ManagerAgenda Section:

Subject:RESOLUTION NO. 20-25 TO SUMMARILY VACATE AN EASEMENT

Recommendation:Staff is recommending that the Board of Directors adopts Resolution No. 20-25 to vacate an easement for theWastewater Reclamation Project (Phase 1, Package D), due to sewer main line alignment changes.

Fiscal Impact:N/A

Background:Staff determined that the current easement per APN 0586-102-30 is no longer needed due to pipe changingalignment. As confirmed with the District's Engineer, the easement is no longer needed.

Staff is recommending that the Board of Directors adopts Resolution No. 20-25 to vacate an easement for theWastewater Reclamation Project (Phase 1, Package D), due to sewer main line alignment changes.

Attachments:Resolution 20-25 Vacate Easement .docx

0586-102-30 Easement Legal Description.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654689/Resolution_20-25_Vacate_Easement_.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/654690/0586-102-30_Easement_Legal_Description.pdf


A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HI-DESERT WATER DISTRICT SUMMARILY VACATING PUBLIC SERVICE EASEMENT LOCATED AT

APN: 0586-102-30, 55379 29 PALMS HWY., YUCCA VALLEY, CA 92284, PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8330 ET SEQ.

WHEREAS, the Hi-Desert Water District (“District”) holds a public service easement for that certain property located within the Town of Yucca Valley (“Town”) consisting of an easement more specifically described and depicted in the attached Exhibit A (“Property”); and

WHEREAS, Section 8333 of the California Streets and Highways Code authorizes the District Board of Directors to summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, or if the date of the dedication is more than one year immediately preceding the proposed vacation and the easement was not used continuously since that date; and

WHEREAS, the District has not used the Property for construction or other public service purposes for over five years and has not continuously used the Property for construction or other public services with the year immediately preceding the date of this Resolution; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED determined and ordered by the Board of Directors of the District:

SECTION 1. Incorporation of Recitals. The Board of Directors hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

SECTION 2. Order of Vacation. The Board of Directors, under the authority vested in it by the California Streets and Highways Code, Division 9. – Change of Grade and Vacation, Part 3. – Public Streets, Highways, and Service Easements hereby orders the vacation of the Property and any and all interests that the District may have therein, as more particularly described and depicted in the attached Exhibit A and Exhibit B, respectively.

SECTION 3. Certification, Recordation, and Retention. The Secretary of the Board of Directors shall cause a certified copy of this Resolution of vacation, attested by the Secretary of the Board of Directories under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Bernardino County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. The Secretary of the Board of Directors

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shall permanently maintain a true and correct copy of this Resolution in the District’s Administration Office.

SECTION 4. Effective Date. This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is complete, and the street and public service easements vacated no longer constitute a street or public service easement.

APPROVED and ADOPTED, this 5th day of August 2020 by the following vote:

Ayes:Noes:Abstain:Absent

Roger Mayes, President of the Board of Directors

ATTEST:

Ed Muzik, Secretary of the Board of Directors

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