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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 08/09/1971 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING AUGUST 9, 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 ALLEGIANCE Allegiance to the Flag of the United States of America ROLL CALL Directors Present: Disch, Forrest, Littleton, Stallwood and Wall Directors Absent: None Others Present: Acting Secretary Garcia; Auditor- Treasurer Hendricks; Recording Secretary Kinzer; Attorney Robert Farrell; Consulting Engineer Joseph Rowe and John Watson, So. Calif. Water Co. MINUTES There being no additions or corrections to the Minutes of the Regular Meeting of July 26, 1971 MOTION motion was made by Director Disch, duly seconded by Director Stallwood and carried unanimously, to approve the Minutes of July 26 as submitted. LEGISLATIVE REPORT Acting Secretary Garcia presented Legislative 'NO. 11 FROM IDA Report, Number 11 from the Irrigation Districts Association, dated July 16. A copy of the Report had been mailed to each Board Member. Mr. Garcia pointed out, Staff had requested certain copies of proposed Bills from Sacramento but they had not arrived. This was information only with no action necessary or taken. DR. HOWARD SMITH Auditor Hendricks stated he had received a letter LOSS OF 1958 SEWER dated August 3, 1971 from Dr. Howard S. Smith of BOND COUPON Hollywood, California in which he asked if the District could pay for the loss of his 1958 sewer Bond Coupon in the amount of $200. Legal Counsel said an indemnity bond could be posted, but that premium would be approximately 100 percent. WELLS FARGO LOSES 11 Auditor Hendricks also presented a copy of a letter 1958 SEWER BOND dated July 23, 1971 addressed to the Bank of COUPONS California, from the Bank of Wells Fargo in which they too, had lost coupons from the 1958 bond issue. He stated it was ironic these losses occurred at the same time and that these were the first ever reported to the District. The Auditor stated the Wells Fargo had sent a guarantee by letter of Indemnity to hold the Bank of California Harmless. Considerable discussion ensued. MOTION FOR DR. HOWARD Motion was made by Director Disch, duly seconded SMITH AND WELLS FARGO by Director Littleton and carried unanimously, COUPON LOSSES that the letter of Indemnity was not sufficient and that the Auditor is to write a letter to Dr. Howard Smith stating that a Bond would be required, and to direct the Bank of California to require a refund from the Wells Fargo bank as prescribed by Attorney Farrell. IDA LIABILITY INS. The Acting Secretary presented a notice dated July SEMINAR OCTOBER 12 19, 1971 from the Irrigation Districts Association SAN DIEGO announcing a Public Liability Insurance Seminar to be held at the Bahia Hotel in San Diego on October 12. He stated this session would also cover problems involved in obtaining adequate coverage, renewals and questions on insurance. 8/9/1971 ~ August 9, 1971 MOTION Upon motion b~ Director Stallwood, duly seconded by Director Forrest and carried unanimously, Auditor Hendricks was authorized to attend the Insurance Seminar in San Diego on October 12. DIRECTORS LEGISLA- The Acting Secretary presented IDA's Legislative TIVE BULLETIN FROM Bulletin relating to Assembly Constitutional IDA - ACA 83 Amendment No. 83 authored by Assemblyman Mike Cullen, on Dissolution of Districts. He reported ACA 83 was dead for this legislative session. A copy of the Bulletin dated July 19 was given to each Director. This was infor- mation only with no action necessary or taken. CUSHMAN MOTOR SCOOTER The Acting Secretary stated he had received TO BE PURCHASED BY three bids for a Cushman Motor Scooter for the DISTRICT District and this was in the budget to purchase. The bids were from A and R Supply of Riverside, $1,758.28; Frankson Scooter Mart, Glendale, $1,844.75 and Arts Motor Scooter of Long Beach, $1,784.94. He reported the Bids included District's Trade-In and all with a six weeks delivery, and recommended taking the low bid of the local Scooter Company, A&R Supply of Riverside. MOTION Upon motion by Director Littleton, duly seconded by Director Forrest and carried unanimously, Staff was authorized to purchase the Cushman Motor Scooter on the low bid of $1,758.28 from the local supplier of A&R Supply of Riverside. SEWER RODDER TO BE The Acting Secretary presented a request for PURCHASED BY DIST authorization to purchase a Sewer Rodder from the S~uthwest Flexible Company, to be mounted on a truck to be purchased by the District. He stated the City of San Bernardino had received three bids for a sewer rodder and purchased the Southwest Flexible Company's Hydraulic SeweRoder at a total cost of $6,612.90 which was the lowest bid in accordance with their detailed specifications. It was reported this was a budget item. MOTION Upon motion by Director Forrest, duly seconded by Director Littleton and carried unanimously, Staff was authorized to make the expenditure of $6,612.90 for a sewer rodder from the Southwest Flexible Company. ITEM - IDA The Acting Secretary stated that the Western WESTERN WATER Water News of IDA dated July-August 1971 NEWS reported the barrage of mail from all Districts of California had quite an effect on ACA 83, causing the proposed Amendment to be defeated for this Legislative Session. This was inform- ation only with no action necessary. STUBBLEFIELD CONST. The Acting Secretary read a letter dated August CO. REQUEST FOR 5, from Thomas L. Parrish, Vice President of WATER AND SEWER Stubblefield Cosntruction Company in which he TWO PARCELS requested water and sewer service to parcels, EAST OF BOULDER AT eaterly of Boulder at Pacific and at the PACIFIC: N/E CORNER northeast corner of Browning and Base Line. OF BROWNING AND Mr. Garcia stated there was a sewer line in BASELINE the area of the first parcel and water mains nearby and for the second parcel there was a 12-inch water line in Base Line that has been approved for construction by the Board and an existing six-inch line in Browning Road, but a sewer line was needed. 8/9/1971 August 9, 1971 MOTION Upon motion by Director Forrest, duly seconded (STUBBLEFIELD) by Director Stallwood and carried unanimously, to authorize Staff, Consultants and Committees to make a study on Stubblefield's parcels and bring report to Board Meeting of September 27. FIESTA HILLS MOBILE The Acting Secretary presented a request from Arrow- PARK UNIT 2 - AGREE- head Engineering regarding Fiesta Hills Mobile MENT RESOLUTION Home Park, Unit 2, owned by Hansen Plumbing and 1460 PORTION OF Heating, C. L. Hansen, P~esident. They asked the IRRIGATION DITCH District to 'abandon a portion of the existing TO BE COVERED irrigation ditch within Unit 2 formerly known as the West Highland Ditch. Consulting Engineer Rowe stated the ditch was part of an overall system of delivering irrigation water and waste water and storm water gets in this portion of the ditch. Mr. Rowe stated he could see no reason why the District should not abandon the portion of the ditch providing the District kept the prior right and the owners of Fiesta Hills completely maintained the by-pass they propose to construct within Unit 2 of the Park. Attorney Farrell read an Agreement in its entirety that he, Staff and Engineer Rowe prepared for Fiesta Hills. It states: Whereas, Fiesta Hills has requested the District permission to cover in that portion of a flume or ditch belonging to the District which was formerly a part of the West Highland Ditch Company system, as the said ditch or flume traverses the property of Fiesta Hills at the point where said ditch or flume adjoins or traverses the proposed develop- ment of Fiesta Hills Mobile Home Park No. 2; and, Whereas, the District is unwilling and does not desire to abandon or quit claim any easement or prior rights which the District may have in said ditch or flume; and Whereas, Fiesta Hills proposes to install and build a by-pass to convey water originating above said property to a point in the existing ditch or flume at or near the southerly end of the property of Fiesta Hills; and whereas, such by-pass to be installed and built by Fiesta Hills, to congey a rate of flow at least equal to the water carrying capacity of the present ditch or flumes through the entire reach of the proposed by-pass to be constructed and maintained by Fiesta Hills. Now, Therefore, for and in consideration of the mutual covenants of the parties hereto, it is agreed as follows: 1. Fiesta Hills shall design, construct, operate and maintain the proposed by-pass in a design and condition which will provide a continuous rate of flow of water at least equal to the water carrying capacity of the present ditch o~flume through the entire reach of the proposed by-pass, all of which shall be done and accomplished at the sole cost and expense of Fiesta Hills and at no expense or obligation to the District. 2. Fiesta Hills shall continuously maintain said by-pass at the sole expense of Fiesta Hills, in a condition which will insure the conveyance of water in a safe and satisfactory manner through such by-pass, and accept flows of water into such by-pass, aa such flows may occur from time to time and in the amounts and conditions of such flows, and in the event any debris, rubbish or foreign matter shall become deposited in said 8/9/1971 August 9, 1971 826 FIESTA HILLS by-pass from any source, it shall be the sole CONTINUED responsibility of Fiesta Hills to remove and clear the same, and the District shall have no obligation or responsibility in that regard. 3. Fiesta Hills shall be solely responsible for the design, construction, operation and maint- enance of said by-pass and shall hold the District free and harmless from any and all damages to persons or property by reason of the existance of such by-pass. 4. District will, after completion of the by- pass by Fiesta Hills, permit and authorize ~ Fiesta Hills to fill in and cover over the present ditch or flume through the reach thereof which will be provided for by the proposed by-pass. 5. This Agreement shall be binding upon the heirs and assigns of the parties thereto. Dated August 9, 1971. MOTION Upon motion by Director Littleton, duly seconded by Director Disch and carried unanimously, Resolution No. 1460 was adopted, which was accepting Agreement between District and Fiesta Hills and authorizing President and Acting Secretary to execute and record said document. RESOLUTION 1457 The Acting Secretary presented Resolution No. DEDICATION OF SEWERS 1457, requesting acceptance of Dedication of TR. 8270 - MYERS Sewers in Tract 8270 of Wm. E. Myers Corporation, CORP, PINEHURST Pinehurst Homes. He stated he had a signed HOMES Dedication of Sewers and Certification of Com- pletion of the sewage system in Tract 8270 and recommended approval of acceptance. MOTION Upon motion by Director Stallwood, duly ~ seconded by Director Forrest and carried unanimously, Resolution No.1457 was adopted. RESOLUTION 1458 Auditor Hendricks stated that Contract No. 31049 AUTHORIZATION FOR with Brinks Incorporated was being replaced with AUDITOR TO SIGN another contract in which they raised their CONTRACT FOR amount of monthly services to $63.00 effective ARMORED SERVICE September 1. He stated he had no complaints with Brink's service, but that in checking the same coverages with Armored Transport Incorporated of San Bernardino, he found their services to be $58.50 a month. MOTION Upon motion by Director Forrest, duly seconded by Director Littleton and carried unanimously, the Auditor was authorized by adoption of Resolution No. 1458 to execute a Contract with the Armored Transport Incorporated and cancel the Brinks Contract. RESOLUTION 1459 The Acting Secretary presented Resolution No. Amending Res. 1435 1459 prepared by Attorney Mc Elligott of the RE: WATER REVENUE Law Office of Wilson, Jones, Morton and Lynch, BOND, DIV III of amending Resolution No. 1435. "A Resolution 1966 $800,000 Providing for the Issuance of Water Revenue ~ Bonds, Fixing Form of Bonds and Providing Covenants for Their Protection". A copy of the resolution had been mailed to each Board Member. In Attorney Mc Elligott's covering letter, she stated the date of the bond sale was changed from August 1 to October 1, 1971. 8/9/1971 August 9, 1971 MOTION Upon motion by Director Disch, duly seconded (RES. 1459) by Director Forrest and carried unanimously, Resolution No. 1459 was adopted by the following Roll Call Vote: ROLL CALL VOTE Ayes, Directors: Disch, Forrest, Littleton, Stallwood and Wall Noes, Directors: None Directors Absent: None RAMFAC INC. Legal Counsel brought the Board up to date on the action of Ramfac Inc, and Attorney Toghia representing the Bonding Company. He recommended to the Board that the District should not change their present position in the matter. The Board concurred with his recommendation. EXECUTIVE SESSION The Chairman called for an Executive Session CALLED consisting of Board Members, to be held in the Manager's Office at 8:40 P. M. and all returned to the general Meeting at 9:14 P. M. ADJOURNMENT There being no further business to come before the Board, adjournment motion was declared at 9:16 P. M. David V. Garcia, Acting Secretary Board of Directors Approved O. A. Wall, President 8/9/1971