MINUTES

DEPARTMENT OF WATER & POWER
BOARD OF COMMISSIONERS
MINUTES OF A REGULAR BOARD MEETING
MAY 22, 2007

A Regular meeting of the Board of Commissioners of the Department of Water & Power, City of Big Bear Lake, was called to order at 8:02 a.m., by Chairwoman Willey, at the DWP Board Room, 41972 Garstin Drive, Big Bear Lake, California.

FLAG SALUTE:

Board Member Miller

BOARD MEMBERS PRESENT:

Barbara Willey, Chairwoman
Susan Conley, Vice Chairwoman
Bill Speyers, Treasurer
Fred Miller, Board Member
Bill Giamarino, Board Member

BOARD MEMBERS EXCUSED:

None

OTHERS PRESENT:

Jerome D. Gruber, General Manager
Scott Heule, Assistant General Manager
Steve Wilson, Water Superintendent
Robyn Bratton, Board Secretary
Darrell Mulvihill, City Council Member
Rick Ollila, CSD Board Member
Chris Hildebrandt, Channel 6
Brian Charles, Grizzly Newspaper
Danielle Seckler, Bear Valley News
Two Members of the Public

ITEM NO. 2 - Agenda Approval

Motion made by Vice Chairwoman Conley, seconded by Board Member Miller, and carried 5-0 to approve the Agenda as presented.

ITEM NO. 3 - Presentation to Scott Heule

Chairwoman Willey presented a plaque to Assistant General Manager Heule and thanked him for his service to the DWP and its customers.

ITEM NO. 4 - Public Forum

Darrell Mulvihill addressed the Board and stated he was not representing himself as a City Council Member, but as a private citizen. Mr. Mulvihill stated that he was speaking on behalf of one of the mobile home park owners regarding the proposed commercial rate increase. He asked the Board to consider the fact that if the proposed increase was adopted, the owner of the mobile home park, Bruce Buconis, would have to pass this increase on to his tenants. He also stated that he has spoken to many commercial customers that are not happy with the proposed rate increase. He suggested that the DWP further research this proposed increase and consider an adjustment for lower income residents.

ITEM NO. 5 - Consent Calendar

5.1 Minutes of a Regular Meeting Dated 3/27/07
5.2 Monthly Management Staff Reports
5.3 General Manager’s Report
5.4 2007/08 Standby Fees
5.5 Leak Adjustment Policy
5.6 Approve Resolution No. DWP 2007-07 Objection to Wilderness Designation       Legislation
5.7 Approve Memorandum of Understanding Establishing a Valley-wide Emergency       Operations Center
5.8 Mitigated Negative Declaration for the Lower Moonridge Pipeline Project
5.9 Retrofit on Change of Service Resolution No. DWP 2007-08

Motion made by Vice Chairwoman Conley, seconded by Board Member Miller, and carried 5-0 to approve the Consent Calendar as presented.

ITEM NO. 6 - Items Removed from the Consent Calendar

No items were removed from the consent calendar.

ITEM NO. 7 – Finance/Variance Reports & Authenticate Check Registers

Motion made by Vice Chairwoman Conley, seconded by Board Member Giamarino, and carried 5-0 to authenticate the Check Registers as presented.

ITEM NO. 8 – General Manager’s Report

GM Gruber reviewed his report with the Board and there was general discussion.

ITEM NO. 9 – Request to Appeal General Manager’s Decision on Leak Adjustment      – Lauri Strain, 867 “A” Lane (Erwin Lake)

GM Gruber briefed the Board on the history of Ms. Strain’s water leak problem and there was discussion between the Board and staff.

Motion made by Board Member Miller, seconded by Board Member Giamarino, and carried 5-0 to: (1) grant a one-time leak adjustment in the amount of $5,452.74, (2) Deny payment to Ms. Strain’s gas bill in the amount of $577.32, and (3) allow the outstanding water balance of $1,748.16 to go through standard billing procedures.

Vice Chairwoman Conley asked staff to revisit the Leak Adjustment Policy to possibly eliminate it.

ITEM NO. 10 – Request for Second Leak Adjustment from Mr. Vlaming, 38784      Talbot Drive

GM Gruber reviewed the history of Mr. Vlaming’s (tenant) and Mr. Rice’s (property owner) water accounts and there was discussion between the Board and staff.

Motion made by Vice Chairwoman Conley, seconded by Board Member Miller, and carried 5-0 to deny Mr. Rice’s request for a second leak adjustment for his property at 38784 Talbot Drive.

ITEM NO. 11 – Public Hearing to Review and Approve the FY 2007/08 Budget      & Resolution No. DWP 2007-10 Adopting the FY 2007/08 Budget

Chairwoman Willey opened the public hearing at 8:59 a.m. No one from the public wished to speak.

Chairwoman Willey closed the public hearing at 9 a.m.

Motion made by Vice Chairwoman Conley, seconded by Board Member Speyers, and carried 5-0 to Adopt Resolution No. DWP 2007-10 approving the DWP’s FY 2007/08 Budget.

ITEM NO. 12 – Board Member Reports

Board Member Miller reported on his attendance at the 2007 ACWA Conference in Sacramento.

Board Member Giamarino met two representatives from Congressman Peter King’s office while he was in New York. He talked to them about our water situation in Big Bear and asked for any help they could possibly give to us in acquiring federal funds.

Chairwoman Willey reported that she had attended several meetings including BBARWA and City Council. She also attended the 2007 ACWA Conference, and within that Conference attended three Finance workshops, and obtained information that related to what the DWP is looking for and wants to implement into its current practices.

Vice Chairwoman Conley announced that she would be retiring from the Board, and June would be her last meeting.

ITEM NO. 13 – Future Agenda Items (June)

· Year-end Transfers for FY 2006/07
· Special Board Meeting – Public Employee Semi-annual Performance Evaluation –      General Manager
· Reminder: Public Protest Hearing for Proposed Water Rate Increase, June 5, 2007, 9      a.m., at the DWP

The Board and staff reviewed the Future Agenda Items and there was general discussion.

Chairwoman Willey adjourned the meeting for a break at 9:27

Chairwoman Willey reconvened the meeting at 10:04.

ITEM NO. 14 - Closed Session

(1)	CONFERENCE WITH REAL PROPERTY NEGOTIATORS
	Pursuant to Section 54956.8 of Government Code
	Property: APN #304-126-04
	Agency Negotiators: Jerome D. Gruber and Scott Heule, Department of      Water & Power, and Jeff Ballinger, from the DWP Attorney’s Office
	Negotiating Parties: Joan D. West, Successor Trustee of the Dorothy      Allen Porter Living Trust and Mike Giebelhouse
	Under Negotiation: Price and Terms
(2)	CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
	POSSIBLE EXPOSURE TO LITIGATION
	Pursuant to Subdivision (b) (1) of Section 54956.9 of Government Code
	Number of Cases (1) Threat of Litigation by Apples B&B

ITEM NO. 15 - Open Session

Into open session at 10:37 a.m.

Motion made by Vice Chairwoman Conley, seconded by Board Member Giamarino, and carried 5-0 to approve a Real Property Exchange Agreement exchanging the DWP Seminole property (APN 304-131-05) for West’s Cherokee property (APN 304-126-04), and the DWP reserves an easement for North Shore Well No. 3 access for no additional costs other than incidental/direct costs of West associated with the eminent domain action on the Cherokee property.

ITEM NO. 17 - Adjourn

No further action came before the Board. Chairwoman Willey adjourned the meeting at 10:40 a.m.

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Robyn Bratton, Secretary to the Board

Approved at meeting dated: 6/26/07

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