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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 01/08/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING JANUARY 8, 1979 MINUTES President O.A. Wall called the meeting to order at 4:00 p.m. and led the flag salute. ROLL CALL: PRESENT: O.A. Wall, President; Dennis L. Johnson, Vice-Presi- dent; Directors Norman W. Forrest, Philip A. Disch, Gerald W. Stoops ABSENT: None CONSULTANT: Robert J. Farrell, Legal Counsel; John Dahlke, Consult- ing Engineer STAFF: Harold M. Fones, General Manager; Kenneth O. Sorensen Auditor-Treasurer; Bonnie R. Eastwood, Secretary GUESTS: Larry Hendon, LAFC Director; Jan Cleveland, The Sun; James Asimakis, Highland News Enterprise; Residents of Highland and East Highland area MINUTES Director Stoops requested the Minutes of December 26, 1978, reflect 816 acres rather than 115 in the Highland Hills area. M/S/C (Disch-Johnson) that the Minutes of December 26, 1978 be approved as corrected. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: Director Forrest ABSENT: None LARRY HENDON, LAFC DIRECTOR Director Forrest prefaced Mr. Hendon's remarks by inquiring of the General Manager as to why he had made comments to the Directors in a memorandum that indicated he felt a predetermination had been made on the outcome of the LAFC hearing held December 13, 1978. The General Manager replied he felt the Directors should be brought up-to-date on the hearing that had been held and also to advise them it was a serious situation in that the Commission had not been completely in- formed on the matter. President Wall asked Mr. Hendon if the Com- mission had asked him to appear and Mr. Hendon replied they had not, that he wanted to clarify a few points with the Board. Mr. Hendon s~ated he had never before taken a controversial position with a Board or a City in public without discussing that position of controversy with the Board before the hearing. However, in this case he had gone against his own rule in that regard. Mr. Hendon reviewed with the -1- 1/8/79 O2,934 Board the functions of the LAFC and stated due to passage of Proposition 13, an investigation should be made of the East Highlands area to determine whether a community services district or a new city be form- ed, or it become a function of the City of San Bernardino. He indicat- ed he read the intent of the Municipal Organization Act as urban develop-. ment close to cities should be a function of that City, because in ~iew of the cost of services it could be cheaper and more in the public interest to be under one body. A discussion ensued as to whether the people could decide whether they want to be a part of the City of San Bernardino. Mr. Hendon replied that would come when the entity changed as the law does not provide for an election concerning a sphere of in- fluence. Director Johnson asked what it would take to propose cityhood. Mr. Hendon replied a petition representing 10% of the registered voters in the area of concern would be a reasonable basis to back off a sphere of influence review and possibly the annexation for a short period of time. Mr. Hendon indicated he had recommended the sphere of influence be considered first and the annexation considered after the sphere of influence was completed, however, the Commission chose to do the whole thing at once. Attorney Farrell asked Mr. Hendon if under the District Reorganization Act LAFC could cause changes in the zone of influence. Mr. Hendon indicated it is possible by conditioning an action. Concerning the Highland sphere of influence Mr. Hendon stated the District was not effected by it. Director Disch asked if there was any recourse to the action taken by the LAFC. Mr. Hendon replied his report suggested there is not much they can do, but the Commission may not agree with that suggestion. The law states that if there is any change that needs to be made to a resolution adopted by the Com- mission, that the person or body or people interested in making that change has a right to apply to the LAFC for a reconsideration of that act, however, it gives the authority to the Commission to consider without notice or hearing the right to rehear it again, to change it in the way the applicants request, or set up a new hearing. Mr. Hendon stated the matter will be heard again on January 10, 1979 for the possibility of a rehearing, however, he indicated he would recommend denial for a rehearing. Mr. Hendon indicated a public hearing will be set by the City Council on January 8, 1979 and a public hearing about February 1, 1979. Mr. Hendon clarified his reason for not contacting the District prior to the hearing. He stated he felt when there was a misunderstanding between the staff and a Board about which he would make some statement in the staff report, he would never make that statement without going to that Board and telling them he did not agree. He stated he had no idea this Board would object to the City of San Bernardino annexation, since the District was not involved. He had asked the District Board if they would serve the area and they indicated they would, however, since there was no indication the District would oppose the action, he indicated his remarks were off the cuff, were not proper and he should not have made them. Mr. Hendon's remarks related to considering in some form the consolidation of the East San Bernardino County Water District with the City of San Bernardino and taking a look at the sphere of influence of the East San Bernardino County Water District. The reason for the remarks was because he had received additional elements from the District Board the day before the hearing, which had a bearing on the staff report. He reviewed his procedures before presenting information to the Commission. Mr. Hendon stated since the future of the East San Bernardino area is of major concern, the people in the area should make their concerns known, as well as the City who feels they have some right to service the urban development occurring in the East Highlands area. He also felt a review for consolidation of the District should not be threat- ening if it is the best possible body serving the area. 1/8/79 -2- Mr. Hendon stated he thought it would take about three months to make the study for the annexation proposal. The question was asked of Mr. Hendon, as a staff member, if he was obligated to inform a Cor~issioner if he might be in conflict of interest. Mr. Hendon stated they had a ruling from the County Counsel that Director Forrest had every right to participate according to Government Code 54799.1, since it was an annexation to the City of San Bernardino and expansion of the sphere of influence. Director Disch asked if County Counsel was aware that the District had property within the questioned area. Mr. Hendon indicated he did not know. M/S (Stoops-Johnson) that the East San Bernardino County Water District inform the Association of San Bernardino County Special Dis- tricts that we would petition for a new election to replace Norman Forrest as a member of LAFC. ROLL CALL VOTE: AYES: Directors Johnson, Stoops NOES: Directors Disch, Forrest, Wall ABSENT: None Motion did not carry. Director Stoops stated the reason for his vote: "I know that the Special Districts of this County are aware of this situation and I am afraid we have backed off and failed to do something unpleasant and I do not think it will raise Special District's opinion of the East San Bernardino County Water District. We have been the leader in the County and I feel we need to exercise that leadership. Director Disch stated: "I voted no because at the last meeting we indicated by the censure that if there was a change of attitude we would take away the censure and we have to give him an opportunity for that change of attitude to take place". Mr. Forrest indicated he had a statement to make to President O.A. Wall and the Directors of the East San Bernardino County Water Dis- trict. He requested the letter be entered in the Minutes. "To President O.A~ "Art" Wall, Directors of the East San Bernardino Water District, From Director Norman W. Forrest, East San Bernardino County Water District. On March 27, 1962, I was elected a Director of this Board, and have held an elective office in this area longer than any other Director currently sitting on this Board with the exception of President Wall who was first elected on February 10, 1954, and has served continously since that date. On December 26, 1978, this Board passed Resolution 1978-90 which was a censure, thus blaming and condenming ms wrong my opinion and judg- ment as a commissioner of the Local Agency Formation Commision. Moved by Director Johnson, Seconded by Director Disch. Motion carried with Director Forrest abstaining from voting. By this official action, acting as individuals and collectively, it has beyond a reasonable doubt damaged my reputation. It appears to be libelous, slanderous, and defamatory. I have been an elected Commissioner of the Local Agency Formation Commission since December 12, 1976, having first been elected by 51% of the total Independent Special Districts totaling 59 Districts. On April 26, 1978 I was re-elected for a four (4) year term by over 51% of the total Independent Special Districts being present and voting. -3- 1/8/79 O DSG I could not participate in the vote. The East San Bernardino County Water District is but one of fifty-nine Districts. I represent all 59 special districts, not just East San Bernardino County Water District. In meeting my responsibilities as a Commissioner, along with fellow Commissioners, we are charged with the responsibility to discourage urban sprawl and encourage orderly growth and development of cities, districts, and communities. In meeting its responsibilities, the Commission is required to review and approve or disapprove annexation and attachments to cities and special districts, formation or disso- lution of districts, the consolidation of districts and cities, and the development of new communities within the county. In addition, the Commission shall initiate and make studies of existing govern- mental agencies, including determination of their service areas and capabilities. The Commission is also charged with the responsibility of establishing a sphere of influence for each city and special districts, outlying the ultimate physical service boundary within which each may serve. According to legal opinion, it is not legally possible or proper for any agency to direct or dictate the way any Commissioner should vote as a member of the Local Agency Formation Commission, since by so doing the agency would be indirectly interfering in the operation and duties of the Commission and the Commissioners. Therefore, it would not be legally proper for the East San Bernardino County Water District, or the City Creek Water Company to direct or dictate the way that my alternate on the Local Agency Formation Commission should vote on matters coming before the Local Agency Formation Commission. Referring to Resolution 1978-90 dated December 26, 1978: Whereas - #1 Highland Hills was submitted to the Local Agency Forma- ~' tion Coramission by the City of San Bernardino acting as the lead Agency for the owners of subject property - not by Director Forrest of the East San Bernardino Water District. Whereas #2 City zoning allows for 7,200 size lots, and the County allows for 7,200 size lots. Highland Hills was submitted with zero zoning - not the concern of the Local Agency Formation Commission. Whereas - #3, and #4. Director Forrest did in fact vote against Tracts 10102 and 10274 which is the discretion of each Director, to vote as his judgment dictates. Whereas - #7 President Forrest was re-elected President of the City Creek Water Company on April 21, 1978 by the elected Directors of City Creek and not by vote of the East San Bernardino County Water District. Whereas - #8 President Forrest of City Creek Water Company was not instructed by his Directors to oppose the Highland Hills Annexation, and the by-laws, rules, or regulations do not prescribe how a Director should vote. Whereas - #10 County Counsel issued an opinion stating that I did not have to absent myself or abstain from voting on either the sphere of influence motion or the motion for annexation. However, if a third _~ motion had been made annexating Highland Hills to the East San Bernar- dino County Water District, I would have been required to abstain from voting, and my alternate would have acted in my capacity if he were present. --4-- 1/8/79 Whereaa ~ #11 As a Commissioner on Local Agency Formation Commission, after listening to the facts that affected the annexation and sphere of influence -- not as to future zoning, lot sizes, or who would serve utilities in the future, I voted in favor of the landowners annexing to the city. The judgment that I used was strongly upheld by four other Commissioners. The Commissioners and the Mayor were charged with having their minds made up before the hearing, but it is very evident that the opposition to the annexation had their minds made up before any facts were presented. Therefore, in view of the foregoing facts which I have presented to the Board of Directors reflecting your allegations, I hereby request that you rescind Resolution 1978-90 by Resolution and vote of the Board, and that the same distribution be made to all agencies and any individuals receiving the cover letter and copy of Resolution 1978-90. /Norman W. Forrest/ Director of East San Bernardino County Water District." Following a discussion, it was M/S/C (Stoops-Johnson) that the Resolution 1978.90 be brought back to this Board at our next meeting for review. Director Johnson stated he would like to make it clear that the resolution is in effect and will be until withdrawn. REPORT FROM FINANCE COMMITTEE ON MEETING WITH SOUTHERN CALIFORNIA WATER COMPANY OFFICIALS A report was read relative to a meeting held with the Finance Committee. Those attending were Directors Wall, Johnson, the General Manager, Mr. Stuart and Mr. Anthony of the Southern California Water Company. Southern California Water Company's request for 500 additional gallons of water per minute for their cull plant; service to a new mobile home park in the vicinity of Highland and Victoria Avenues and whether the District is still interested in purchasing their Highland operation was discussed. It was the consensus of the group that an evaluation be made on the cost new, less depreciation, value of existing hard- ware be made on the Highland system. It was pointed out the City of San Bernardino has not answered the District's letter relative to their purchasing the Muscoy system. A discussion ensued relative to the District supplying So. California Water Co. with an additional 500 gallons of water per minute. M/S/C (Stoops-Forrest) that approval be given to provide Southern California Water Co. with 1500 gallons of water per minute at their cull plant, which would be an additional 500 gallons. ROLL CALL VOTE: AYES: Directors Forrest, Johnson, Stoops, Wall NOES: Director Disch ABSENT: None DEFERRED COMPENSATION PLAN APPROVAL After some questions and discussion re the Deferred Compensation Plan as prepared by Morgan & Franz, it was M/S/C (Forrest-Stoops) that the Deferred Compensation Plan be approved as submitted. -5- 1/8/79 PERSONNEL COMMITTEE REPORT The Personnel Committee upon recommendation of the General Manager approved a promotion for Michael Reardon, effective December 31, 1978 from Utility Crewman I, 25B $4.27/hr, $743/mon. to Utility Crewman II, 27B $4.65/hr to $809/month. M/S/C (Stoops-Disch) that Michael Reardon's promotion be approved as reco~ended. ACWA RESOLUTION 78-4 - THE GOVERNOR'S COMMISSION ON GOVERNMENT REFORM The General Manager stated he had contacted Attorney Green regarding our request for comments on ACWA Resolution 78-4 on the Governor's Commission on Government Reform and Attorney Green had informed him he had a death in his family and had not been able to answer our in- quiry, however, he would attempt to do so before the next Board Meeting. Attorney Farrell indicated he would have an answer by that time also. SEWER STUDY UPDATE, SYCAMORE HEIGHTS & CARRIAGE HILLS The General Manager presented the Directors with a written report on a sewer study update of Sycamore Heights and Carriage Hills, a plat and cost estimate prepared by CM Engineering in 1973. The General Manager recommended alternate "A" be considered, with an approximate cost of $195,375, which was updated and based on the Engineering News Record Construction Cost Index. Further consideration of the matter will be made. VOLUNTEER EMPLOYEES DEFERRED COMPENSATION PLAN The General Manager indicated that no one had volunteered at this time to participate on the Deferred Compensation Plan Committee. CSDA MEMBERSHIP DUES - 1979 - $750 was presented to the Board for approval. M/S/C (Forrest-Stoops) that the CSDA membership dues in the amount of $750 be approved. RECORDS MANAGEMENT PROGRAM The General Manager stated that the Finance Committee and staff had met with Allen Mahwinney, Records Management Consultant, and discussed three proposals relative to a records management system for the District. After discussing the matter with the consultant, the Finance Committee and staff recommended the following: (1) Having the consultant review all District files, code each District folder and compile the informa- tion into a Master Index which could be utilized by all employees at a cost of $1,575; (2) the Consultant would index all District minutes, resolutions and ordinances at a cost of $2,250. Mr. Mahwinney also in- dicated he could make a conversion of the District files and records to a Municipal Unified Functional Filing System, however, since the District's present filing system appeared adequate he did not recommend it. After discussing the matter, it was indicated that the retrieval or records would be greatly increased and would save District employees a great deal of time. ~ M/S/C (Johnson-Forrest) that the recommendation for the records management System and indexing by the Records Management Consultant be approved, as proposed. --6-- DISTRICT 9ILLS The General Manager stated the Office Manager was proposing a new type of billing. The Office Manager presented the Directors with four dif- ferent bills with various messages printed on them. After reviewing the proposed bills, it was M/S/C (Johnson-Forrest) that the Board accept the new bill, No. 3, which states: "Your bill is now due. Thank you for prompt payment." "Your service has been extended for your convenience until 10 a.m. (date) and subject to disconnection thereafter." The Board discussed whether or not the meter charge, or monthly service charge, should be reflected on the monthly billing. It was determined it would be printed above the water amount. M/S/C (Johnson-Forrest) the the meter charge, service charge, be placed on the new bills as well as the rate per cubic foot; when the bill is mailed out, the charges be explained stating there is no change in our water fees or rate per cubic foot. COMPLETION OF WATER MAIN INSTALLATION WITHIN TRACT 9594, EAST VALLEY DEVELOPMENT, BETWEEN MT. AVENUE AND MARY ANN LANE was reviewed by the General Manager. He recommended acceptance of the project. M/S/C (Forrest-Disch) that recommendation be approved re Tract 9594. CITY CREEK PARK PROPOSAL Director Johnson suggested a meeting with Director Stoops and Mr. Patton re a County park being established in the City Creek area. Mr. Cecil Dossett indicated others were interested in the project also and were attempting to get funds. The District would not be obligated in any way to the project. Information only. STAFF Director Johnson stated he felt the staff had conducted themselves very well the past couple of weeks in view of the matters confronting the Board. Director Stoops also concurred with the comments made re staff and consultants. M/S/C (Johnson-Disch) that the staff had handled all situations properly and cooperated fully and was to be commended for such action. TAPE OF DECEMBER 26, 1978 BOARD MEETING JAMMED The General Manager stated that a certified verbatum transcript of the December 26, 1978 Board Meeting had been requested, that when the Secretary attempted to follow this request the tape became jammed and, therefore, the General Manager asked for directions as to repairing the tape. M/S/C (Johnson-Disch) that a technician be invited to the Board Meet- ing of January 22, 1979 to repair the tape at that time, if possible. CONSIDERATION OF NEW RECORDING EQUIPMENT After discussing the present recording equipment and the need for a more dependable and efficient system, it was M/S/C (Forrest-Stoops) that we obtain the services of a technician -7- 1/8/79 to come to the Board Room and outline for the Board an adequate recording system that can be used by Board Members and other individuals at the table. FOUNDATION FOR CROSS CONNECTION CONTROL AND HYDRAULIC RESEARCH MEMBER SHIP FEE, 1979 $176.36 was presented to the Board for approval of payment. M/S/C (Forrest-Disch) that the payment of the membership fee be authorized. WARRANTS General 3553-3605 $97,263.19; Payroll 2918-2977 $18,970.61 Total $116,223.80 M/S/C (Disch-Forrest) that the warrants be approved as presented. DIRECTOR'S EXPENSES AND FEES A discussion ensued regarding the payment of an expense for entertain- ment and refreshments in the amount of $3.60 by Director Forrest. It was determined the ordinance would be reviewed. Director Stoops $150; Director Disch $150; Director Johnson $100; Director Wall $150; Director Forrest $166.20 M/S/C (Johnson-Disch) that the Director's expenses and fees be approved. RESOLUTION 1979-1 - ACCEPTING AGREEMENT AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE UNITED STATES OF AMERICA AND THE ALL MISSION INDIAN HOUSING AUTHORITY AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT AND THE SAN MANUEL BAND OF MISSION INDIANS, SAN MANUEL INDIAN RESER- VATION, SAN BERNARDINO, CALIFORNIA was presented to the Board for approval. M/S/C (Stoops-Johnson) that Resolution 1979.1 be approved as pre- sented. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS MONTHLY MEETING JANUARY 15, 1979, HOLIDAY INN, ONTARIO was announced for the Director's information. CLARIFICATION OF DIRECTOR FORREST'S EXPENSES The General Manager requested clarification of Director Forrest's expenses for staff's benefit. A discussion ensued regarding the clarification of the Assoc. of San Bernardino County Special District meeting expenses. Director Johnson stated his intent in writing the resolution was there would be no payment of expenses for any meetings, other than those within the District boundaries. Director Forrest did not feel it was fair. President Wall referred to Resolution 1978.90. 1/8/79 -8- M/S/ (Stoops-Forrest) that Director Forrest be authorized to attend the Association of San Bernardino County Special Districts meetings, as a member of this Board, having the same rights to attend the Assoc. of San Bernardino Co. Special District meetings as other members and be reimbursed for per diem and expenses. ROLL CALL VOTE: AYES: Directors Forrest, Stoops NOES: Directors Disch, Johnson, Wall Motion did not carry. Director Disch stated: I have no objections to Director Forrest attending this meeting, but I have an objection to the District paying for his attendance. President Wall and Director Johnson indicated they felt the resolution of censure covered all special district meetings. CLARIFICATION OF ACWA MEETING, SAN FRANCISCO, JANUARY 25 & 26, 1979 Director Wall indicated that previously Director Forrest had been authorized to attend the ACWA Board Meeting in San Francisco, January 25 & 26, 1979 and asked for clarification as to whether it was still the intent of the Board to authorize such attendance. Director Forrest stated he had been approved by the Board to attend the meeting and also to serve as a Director on the Board. Attorney Farrell pointed out Resolution 1978.90 was the last act and does away with any prior action regarding District approval of attendance at meetings and authorization of expenses outside of District boundaries. Director Forrest referred to the legality of Resolution 1974-31, and asked if it applied to all members of the Board or only one. Attorney Farrell indicated it was clear. SOUTHERN CALIFORNIA WATER COMPANY Director Disch pointed out that last April a letter had been sent to the City of San Bernardino requesting they inform the District of their intentions re acquisition of the Southern california Water Company in the Muscoy area, however, up to now the District has not received a reply. M/S/C (Disch-Stoops) that authorization be made to send another letter certified mail, return receipt requested, requesting the City of San Bernardino's position and progress at this time concerning the Southern california Water Company's Water system, with a reply requested by the January 22nd Board Meeting. BENEFIT OF THE DISTRICT Director Stoops stated he hoped in view of the concerns that have developed in the past couple of weeks that the Directors can overlook any differences of opinions that may have come up and strive to work together for the benfit of the District and each other. Other directors concurred with the comments. SEWER FACILITY CHARGE - CITY OF SAN BERNARDINO Director Forrest questioned the legality of the sewer facility charge of $300, which Mrs. Chandler had quoted at the last workshop. He felt a legal opinion was in order to clarify the matter. The General Manager indicated the State administrator would determine if the charge was fair and equitable. Director Johnson suggested after the amended agree- ment is received from the City that another workshop be held. President -9- 1/8/79 counsel to contact the proper State authorities to see if the special facility charge is a binding charge by letter and that the Directors be furnished with a copy. Director Johnson opposed the motion. STATE WATER RESOURCE CONTROL BOARD COMMUNICATION REGARDING GRANT TO THE CITY OF SAN BERNARDINO Director Forrest inquired about the letter sent to the State Water Resource Control Board re a grant to the City of San Bernardino. It was requested that a copy of the original, along with a cover letter, be mailed certified, return receipt requested. ADJOURNMENT There being no further business Director Johnson moved for an adjourn- ment at 7:14 p.m. Bonnie R. ~astwood, Secretary O.A. Wall, President 1/8/79 -10-