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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 04/21/1971 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING APRIL 21, 1971 CALL TO ORDER The meeting was called to Order at 7:30 P. M. PLEDGE OF All those present joined in the Pledge of Alleg- ALLEGIANCE iance to the Flag of the United States of America ROLL CALL Directors Present: Disch, Forrest, Littleton, Stallwood and Wall Directors Absent: None Others Present: General Manager, Secretary Rickert; Asst Mgr-Engineer Garcia; Auditor- Treasurer Hendricks; Temporary Recording Secretary Dorr; Attorney Robert Farrell; Consulting Engineer Joseph A. Rowe; Spencer Sparks, Southern California Water Company; Max C. Montgomery, President and John O'Grady, Representatives of Highland Little League MINUTES There being no additions or corrections to the Minutes of the Regular Meeting of March 22, 1971, motion was made by Director Disch, duly MOTION seconded by Director Stallwood and carried unanimously, to approve the Minutes as submitted. HIGHLAND LITTLE President Wall Acknowledge attendance of Mr. LEAGUE Max C. Montgomery, President and Mr. John O'Grady, Representatives of the Highland Little League and requested presentation of their problems in re- gard to securing permanent water for the High- land Little League Park. PRESENTATION AND Mr. O'Grady advised that the Highland Little REQUEST TO ESBCWD League group had to his knowledge, exhausted available sources in their efforts to secure permanent water and were attending the Board Meeting to obtain some constructive suggestions from the East San Bernardino County Water District. DISCUSSION BY BOARD Attorney Farrell stated as the Highland Little AND ATTENDEES League were already aware, the application to this District for water service had to come from the owner or authorized agent of the property, in this instance, State of California. The General Manager, at this point, inquired what agencies had been contacted and was advised that as recommended at the joint meeting of February 26, 1971 attended by City, District and Highland Little League representatives, every agency had been contacted and only promises made but no action. Director Disch suggested the possibility of use of temporary construction water from the District. The General Manager suggested that if the occupants of the residence located on the same property as Highland Little League had not been contacted, it would be wise to find out if their source of water could be used. Discussion ensued on both suggestions. MOTION Director Disch made a motion, duly seconded by Director Forrest and carried unanimously, that the Highland Little League check the feasibility of obtaining water from the residence on the property, and if this water is not available, that this District enter into a written agree- ment for temporary construction water to include a termination date on or before December 31, 1971 with Highland Little League from the nearest fire hydrant facility available. This agreement being subject to approval of District Staff, Legal Counsel and the Board of Directors. 4/12/71 April 12, 1971 1781 CORRESPONDENCE CITY OF S.B. The General Manager presented a Notice of Hearing ANNEXATION, LAFC of LAFC No. 988 regarding the area south of Date 988 Street, west of Victoria Avenue, being annexed to the City of San Bernardino. He displayed a map of the area being annexed. This was for information with no action necessary or taken. CITY OF S.B. The General Manager presented a Notice of Hearing ANNEXATION of LAFC No. 989 regarding the area north of LAFC 989 Foothill Drive, east of Arden Avenue being annexed to the City of San Bernardino. He displayed a map of the area being annexed. This was for information only with no action necessary or taken. ASSEMBLYMAN JERRY The General Manager presented and read a letter LEWIS LETTER received from Assemblyman Jerry Lewis dated March 30, 1971, acknowledging the District's invitation to the IDA Legislative Reception in Sacramento stating he would be attending the reception but had prior committment for dinner. Also, an invitation was extended to District Staff and Board to visit Capitol Office and offering any assistance. This was for information only with no action necessary or taken. STATEMENT - ANNUAL The General Manager presented the statement of DUES, SB CHAMBER Annual Dues from the San Bernardino Chamber of OF COMMERCE Commerce for the Board's consideration. MOTION Director Forrest made a motion, duly seconded by Director Littleton and carried unanimously that the request for annual dues from the San Bernardino Chamber of Commerce, be tabled. REPORTS ESBCWD VS CITY OF The General Manager Presented "Petitioners SAN BERNARDINO Opening Memorandum of Points and Authorities" JOINT POWERS No. 152393, dated April 1971 with covering letter AGREEMENT 1957 of April 9, 1971 from Denslow Green (copies Sewer distributed to Board Members, Staff, Legal Counsel, and Consulting Engineer). This was for review, however, General Manager recommended that further clarification and discussion with Attorney Denslow Green appeared to be in order, and on contacting Attorney Green, was advised he would be available Tuesday morning, April 13, 1971. MOTION Director Forrest made a motion, duly seconded by Director Stallwood and carried unanimously, authorizing the following persons to meet with Attorney Denslow Green to discuss "Petitioner's Opening Memorandum of Points and Authorities", No.152393; Joseph A. Rowe, Consulting Engineer, O. A. Wall, President, Kenneth Patterson, Eadie and Payne, CPA, and Harold G. Rickert, General Manager, at a time and place convenient for all persons concerned. IDA WESTERN WATER The General Manager presented and read a Memorandum NEWS - 2ND CLASS dated March 1, 1971 from IDA regarding requirements RATES of Postal Authorities to qualify for second class rates. No action necessary or taken. RAMFAC, INC. The General Manager briefly reviewed the contents LIQUIDATED of letter dated April 8, 1971 from Acret and DAMAGES JOB S- Perrochet, Lawyers of Ramfac, Inc., Contractor, 717 SEWE~, PALM (copies of which had been distributed to the AND ATLANTIC Board of Directors and Staff attending), regarding problems which were the outgrowth of a District Sewer construction project not completed by Ramfac, Inc. Discussion ensued with Legal Counsel and District Engineer commenting. 4/12/71 2 RAMFAC Cont'd MOTION Director Littleton made a motion, duly seconded by Director Forrest and unanimo6sly carried, to table until next Board Meeting April 26, 1971, further discussion until Staff and Legal Counsel had sufficient time to review in detail, and make recommendation to the Board of Directors. PROPOSED LEGISLATIVE A verbal report was given by David Garcia of BILL BY SBVMWD the meeting at San Bernardino Valley Municipal RE: ASSESSMENTS FOR Water District on April 12, 1971, regarding IMPORTED NORTHERN the Upper Santa Ana River District's Assess- CALIFORNIA WATER ment Act (Bill) and related agreements between SBVMWD, Western Municipal Water District and Chino Basin Municipal Water District. This proposed Bill must be presented to the State Legislature by April 16, 1971 in order to be acted on in 1971. A meeting is scheduled for April 16, 1971 for Managers of Water Agencies within the SBVMWD boundaries for further review, clarification and possible questions. The Board, General Manager, Consulting Engineer, Legal Counsel and District Engineer discussed the conotations of this Bill and agreements at some length with the concensus of opinion that East San Bernardino County Water District had not sufficient time to fully review, understand and familiarize the District with the proposed amendment of the Municipal Water District Act and related agreements, and therefore could not approve presentation of this amendment - "An ACT to add Chapter 3, comprising Sections 72115 to 72115.23, to Part 9 of Division 20 of the Water Code, providing additional powers and duties for certain municipal water districts in the Upper Santa Ana River watershed relative to assessments. MOTION Director Disch made a motion, duly seconded by Director Forrest, and carried unanimously, that the East San Bernardino County Water District pass a resolution opposing proposed legislation (Bill) - "An ACT to add Chapter 3, comprising Sections 72115 to 72115.23, to Part 9 of Division 20 of the Water Code, providing additional powers and duties for certain municipal water districts in the Upper Santa Ana River watershed relative to Assess- ments''. Reasons are as noted above and stip- ulated that copies of this resolution be cir- culated to Legislators and public water agencies within the San Bernardino Valley Municipal Water District boundaries. NORTH FORK WATER CO. A verbal report was given by David Garcia 1971 ANNUAL MEETING regarding North Fork Water Company Annual REPORT APRIL 26, 1971 Meeting specifically, re-election of the Board AND MEETING APRIL 8 for another term and receipt of copy of Audit Report as of January 31, 1971, Eadie and Payne. Harold Rickert, General Manager, gave a verbal report of the April 8, 1971 meeting wherein Mr. John Poppett resigned as Secretary of the Company and Mrs. Arna Wright was appointed to replace Mr. Poppett. Also, an assessment was levied of $1.00 per share. No action necessary. IDA DENTAL INSURANCE A verbal report was given by Auditor-Treasurer PROGRAM FOR Hendricks regarding survey of District personnel EMPLOYEES in connection with the proposed IDA Dental Ins~ urance Program. Since several questions were raised by Board Members and Staff, Mr. Hendricks recommended that answers be secured at the IDA Conference in Sacramento and the information brought to next Board Meeting of April 26, 1971. No action t~ken since no objections raised to recommendation. 3 4/12/71 April 12, 1971 SEWER MAIN EX- The General Manager presented a Sewer Study TENSION - PACIFIC for Sewer Main Extension to Pacific Palms Mobile PALMS MOBILE HOME Park dated April 12, 1971 submitted by CM Eng- PARK - G. HERRMANN ineering Associates, with comments clarifying the study by Joseph A. Rowe, Consulting Engineer. Also, in connection with this project, the General Manager presented a letter dated April 9, 1971, from the Bank of America, Highland, advising of the sum of monies being held in escrow and also shares of stock on account of Pacific Palms Mobile Home Park. General Manager recommended that CM Engineering Associates be authorized to prepare specifications and call for bids for this sewer project within 45 days; bids to be received May 24, 1971. MOTION Director Disch made a motion, duly seconded by Director Stallwood, and carried unanimously, that CM Engineering Associates be authorized to prepare specifications and call for and open bids on May 24, 1971, at the District Office at 7:30 P. M. CLAIM FOR DAMAGES The General Manager read two letters received from SEWER - EARL HOGAN the Chubb/Pacific Indemnity Group dated April 1, 7014 CONEJO DRIVE 1971 and April 5, 1971, in regard to a Claim for Damages by Earl Hogan, 7014 Conejo Drive in which Mr. Hogan's claim was denied. After a brief discussion between Staff, Board Members and Legal Counsel, it was determined there was no alter- native but to have the General Manager write a letter to Mr. Earl Hogan advising him of the determination of the Insurance Company and forward Mr. Hogan a (new type) Claim Form prepared by Legal Counsel. No further action required by the Board. NEW CLAIM FORMS The General Manager called on Legal Counsel, Robert SUBMITTED BY Farrell to present the new Claim Form prepared by LEGAL COUNSEL him and as requested by the Board of Directors, contained in Minutes of March 22, 1971. Attorney Farrell showed and explained the draft forms which he had prepared - (1) Claim presented against East San Bernardino County Water District Pursuant to 910 et sew of the Government Code of the State of California (2) Action by Board on Claim Against District (Section 912.6 Government Code) (3) Form of Notice of Action on Claim. MOTION Director Forrest made a motion, duly seconded by Director Littleton and carried unanimously to accept the Claim Forms as submitted for use by the District and forward completed form to Mr. and Mrs. Hogan denying their claim for sewer damages. REMOVAL OF WATER Auditor-Treasurer Hendricks explained to the Board METER FROM 1281 the situation of the removing of a District water 33RD STREET: meter by other than District personnel from 1281 RECOVERY OF SAME 33rd Street to 1179 334d Street. Considerable AT 1179 33RD ST. discussion ensued with suggestions by Legal Counsel. MOTION A motion was made by Director Disch, duly seconded by Director Forrest and carried by majority, to take legal action against the party/parties who removed the water meter to recover costs to District of labor, materials and water used and not paid for. ROLL CALL VOTE Ayes, Directors: Disch, Forrest, Littleton and Wall Noes, Directors: Stallwood Directors Absent: None 4 4/12/71 April 12, 1971 WATER SYSTEMS The General Manager presented a general outline IMPROVEMENTS AND for the Board of the necessary immediate Water COSTS Systems Improvements and a Cost Estimate was presented by Joseph A. Rowe, Consulting Engineer and David Garcia, District Engineer, together with explanation of the necessity and reasons for the urgency of the improvements. MOTION A motion was made by Director Forrest, duly seconded by Director Stallwood and carried un- animously, approving Water Systems Improvements as outlined by Staff and Consulting Engineer and requested confirmation in summary report form be presented to the Board at the next regular Board Meeting of April 26, 1971. 1966 WATER REVENUE General Manager Rickert and Auditor-Treasurer BONDS - POSSIBLE SALE Hendricks informed the Board regarding the status DISCUSSION $800,000 of the 1966 Water Revenue Bonds suggesting FOR WATER SYSTEMS possible sale and requested authorization to IMPROVEMENTS contact Bond Consultant for recommended action. Discussion ensued. MOTION A motion was made by Director Forrest, duly seconded by Director Disch, and carried unanimously to authorize Staff to contact E~nest Wilson, Bond Consultant to review and recom~nend line of action for the possible sale of the 1966 Water Revenue Bonds and to table further discussion until this information had been received which probably would be by the date of next Regular Board Meeting April 26, 1971 at which time, the Staff could present to the Board. RES. NO. 1425 - CERT- Resolution No. 1425 was presented requesting IFICATE & NOTICE OF Acceptance of Certificate of Completion and COMPLETION - KEN authorizing President and Secretary to file HAWKER CONSTRUCTION Notice of Completion on water main project CO. WATER PROJECT between Tract 7386 and Tract 8004 Job W-775, J/N W-775 completed on April 9, 1971. The General Manager recommended the acceptance of the job. MOTION Upon motion by Director Stallwood, duly seconded by Director Forrest and carried unanimously, Resolution No. 1425 was adopted. ARDELL L. BAGGETT Auditor-Treasurer Hendricks presented the request 26658 14TH ST. of Mrs. Ardell L. Baggett, owner of property at HIGHLAND, REQUEST 26658 14th Street, to have District disconnect FOR SEWER DISCON- sewer, although premises are occupied by renters. NECT reconnection costs and standby charge have been explained to Mrs. Baggett so that she is aware however, her request is firm. Further clarif- ication of the situation was presented by Auditor-Treasurer Hendricks and discussion ensued. MOTION A motion by Director Forrest, duly seconded by Director Stallwood was carried unanimously to comply with the request of Mrs. Ardell L. Baggett to disconnect the sewer at 26658 14th Street since she was the owner of the property and it ~ is District policy to conform. ADJOURNMENT There being no further action to come before the Bo.ard, President Wall called an adjournment at Harold G. Rickert, Secretary Board of Directors Approved O.A. President 4/12/71