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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 01/22/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING JANUARY 22, 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 Johnson, Vice-President; Directors Norman W. Forrest, Philip A. Disch, Gerald W. Stoops ABSENT: None CONSULTANTS: 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: Mr. Metz, The Sun; Doug Fowler MINUTES Correction on Minutes of January 8, 1979 - Page 5 - "Southern California Water Company Committee, rather than Finance Committee, met relative to Southern California Water Company ....... " M/S/C (Johnson-Stoops) that the Minutes of January 8, 1979 be approved as corrected. Director Forrest voted no. M/S/C (Disch-Stoops) that the Minutes of January 12, 1979 be approved as submitted. Director Forrest voted no. STATEMENT BY DIRECTOR FORREST Director Forrest read a three page statement to the Board regarding various actions concerning the City's proposed change in the sphere of influence and annexation of the Highland area. Such statement is attached hereto. M/S/C (Stoops-Forrest) that the statement by Director Forrest be attached to the original copy of the Minutes of this meeting by reference. A lengthy discussion ensued. Director Disch pointed out that the General Manager's salary was the result of his being both a general manager and a civil engineer. Director Johnson questioned Director Forrest regarding his Civil Service Commission appointment, his prior position with HUD and an investigation made by the Federal Grand Jury. No action taken. REPAIR OF DECEMBER 26, 1978 BOARD MEETING TAPE Doug Fowler was present to repair the December 26, 1978 Board Meeting -1- 1/22/79 tape that became jammed during transcribing. After stating his qualifi- cations, he proceeded to repair the tape. He suggested better quality tapes be purchased. M/S/C (Stoops-Disch) that Mr. Fowler be authorized to remove the tape from its original container and replaced into a new container. A better recording system was discussed. Mr. Fowler gave an estimated cost of $2,500 for an adequate system. No action taken. RESOLUTION 1979.3 - INITIATING ANNEXATION 1978-7, RONALD & CAROL HAMILTON, NW 1/2 of SEC. 2, TlS, R3W, SBBM, E. HIGHLAND was submitted to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1979.3 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.5 - INITIATING ANNEXATION 1978-21, JOSEPH & ROSIE AFFATATI, 2990 DEL ROSA, S.B. was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1979.3 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.6 INITIATING ANNEXATION 1978-19, PAUZ, EASTWOOD, ~ CARPENTIERO, POR. OF E 1/2 of NW 1/4 of SEC. 2, TlS, R3W, SBBM, E. HIGHLANDS was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1979.6 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.7, ACCEPTING CONVEYANCE OF PIPELINE EASEMENT WITHIN TRACT 10500, N/E CORNER OF VICTORIA & LYNWOOD, MR. ACKERMAN, DEVELOPER was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1979.7 be approved as submitted. AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.8 - RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT AUTHORIZING AND DI-~E~TING THE EXECUTION OF THE DEFERRED COMPENSATION PLAN FOR DISTRICT EMPLOYEES was presented to the Board for approval. M/S/C (Forrest-Johnson) that Resolution 1979.8 be approved as pre- sented. 1/22/79 2 1/22/79 ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.9 - RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT AUTHORIZING AND DIRECTING THE EXEUCTION OF A CONSULTANT AGREEMENT WITH ALLAN H. MAWHINNEY was presented to the Board for approval. The General Manager pointed out the Agreement did not provide for access to the computer on which Mr. MaWhinney would be storing District information. It was also determined a progress re- port be made once a month on the program. M/S/C (Forrest-Stoops) that Resolution 1979.9 be approved, noting that the contract with Mr. MaWhinney be authorized for execution, with the understanding that a rider be attached thereto regarding access to District information stored in the computer. ROLL CALL VOTE: AYES: Directors Forrest, Johnson, Stoops, Wall NOES: Director Disch ABSENT: None ORDINANCE NO. 314 - AN ORDINANCE OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT, AMENDING ORDINANCES NO. 4 AND NO. 297, PARAGRAPHS 78, 78A, 78s, 78C OF SAID ORDINANCES ENTITLED "ESTABLISHING RATES, RULES AND REGULA- TIONS FOR WATER SERVICE BY THE EAST SAN BERNARDINO COUNTY WATER DISTRICT AND REPEALING ORDINANCES NO. 297 AND 308, INSOFAR AS THEY CONFLICT HEP~EWITH was presented to the Board. The General Manager pointed out that it is necessary to bring construction costs up-to-date, that Ordinance No. 308, adopted October 12, 1976, was the last revision on construction costs; that according to the Engineering News Record Construction Cost Index the increase is approximately 16% and will be adjusted automatically every February 1st, hereafter. The effective date will be March 5, 1979, which will give individuals who presently have quotes the opportunity to make payments before the effective date. He stated notice will be given to anyone that has requested a quote to date. M/S/C (Johnson-Disch) that Ordinance 314 be approved as presented. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: Director Forrest ABSENT: None GOVERNOR'S COMMISSION RE GOVERNMENT REFORM Attorney Denslow Green's letter, dated January 9, 1979, re ACWA Resolu- tion 78-4 was reviewed, in which he suggested Paragraph 3 of the ACWA Resolution be restated as follows: "3. To define "independent enterprise districts" as those districts now subject to the provisions of the DRA with elected boards, boards of directors, which, except for payment of obligations created by valid contractual committments, rely on user charges and other non-ad valorem property tax sources for their funding." It was also suggested that the date in the 1st line of the Resolution read "June 1978", rather than just "June". M/S/C (Disch-Johnson) that the Board approve Resolution 78-4 of the Board of Directors of ACWA; that a letter be sent notifying ACWA of such approval, with recommended corrections. -3- 1/22/79 EMPLOYEE VOLUNTEERS - DEFERRED COMPENSATION PLAN Beth Perkins and Steve Santini volunteered to serve on a committee re- garding the Deferred Compensation Plan. The Auditor stated they had selected the Massachusetts Fund, Northern Annunity and Santa Fe Federal as options for investments. Literature was provided to the Board. Information only. ACWA COUNTY WATER DISTRICT MINI-CONFERENCE, ERAWAN GARDENS, INDIAN -- ~ ~ .... ~as discussed. that Directors Johnson, Wall, Stoops and Disch the ACWA Conference, under the usual conditions also that the General Manager be authorized to sch, Johnson, Wall rrest, Stoops e had voted no since he does not intend to attend DIRECTORS REQUEST FOR DISTRICT INFORMATION After discussing at length various requests for information by Directors, which involved considerable time and materials by District employees, it M/S/C (Stoops-Johnson) that each Director be allowed two hours per calendar month without charge for requested information, which would include search and copy of materials; after such time, a charge would be made for materials and time; cost of material to be ten cents per copy. All requests for information are to be channeled through the General Manager. LEGAL OPINIONS Director Forrest asked that all requests for a legal opinion by a Director be reviewed by the Board prior to the Attorney submitting an opinion. M/S/C (Forrest-Johnson) that any request by a Director, through the General Manager, for legal counsel to prepare a legal opinion, be sub- mitted to the Board prior to the attorney rendering such an opinion, effective January 22, 1979. DISTRIBUTION OF BOARD MEETING MINUTES A discussion ensued regarding distribution of Board Meeting minutes prior to their being approved. It was the consensus of the Board that the minutes be brief, with attachments of material, if necessary, or reference made to files. M/S/C (Johnson-Disch) that a stamp be ordered to read "NOT YET APPROVED" to be stamped on minutes for distribution prior to Board approval. 1/22/79 -4- REQUEST FOR AUTHORIZATION FOR BID OPENING FOR WATER MAIN INSTALLATION WITHIN TRACT 9579, NW CORNER OF PACIFIC & CENTRAL, H & S DEVELOPMENT ALSO REQUEST FOR AUTHORIZATION FOR BID OPENING FOR WATER MAIN INSTALL- ATION WITHIN TRACT 10042, NW CORNER OF PACIFIC & CENTRAL, VANGUARD BUILDERS was made by the General Manager. M/S/C (Stoops-Forrest) that request for bid opening for water main installation within Tracts 9579 and 10042 be authorized for February 26, 1979. INCREASE IN SEWER CHARGES IN ACCORDANCE WITH ORDINANCE NO. 312 The General Manager presented a memorandum to the Directors which indicat- ed the increase in sewer charges, based on the Engineering News Record Construction Cost Index Base, in accordance with Ordinance No. 312. The increased sewer charges will go into effect on February 1, 1979. No action taken, information only. NEW RESERVOIR AT PLANT 108 The General Manager stated that he had been working on a cost reduction for power rates in the East Highland area and was recommending a 2.5 million gallon reservoir as additional storage for growth in that area, which would include portions of Highland Hills, Carriage Hills and the new developments slated to begin construction in the near future. He requested authorization for CM Engineering to begin design and studies on the reservoir; also the design work to construct a 24" + main across Plunge Creek at the Santa Ana Road. County Flood Control w~uld also have to be contacted and permits obtained. M/S/C (Johnson-Forrest) that the Board accept staff's recommendation and authorize CM Engineering to proceed with engineering on a 2.5 million gallon water tank on the site of Plant 108; design work for crossing Plunge Creek; and obtain pertinent information from County Flood Control office. 1979 SPECIAL DISTRICT PRESIDENTS' AND BOARD MEMBERS' INSTITUTE, FEBRUARY 9-11, 1979, SAN DIEGO was discussed. M/S/C (Forrest-Johnson) that the matter be tabled. CWRA DUES FOR 1979 $250 was discussed. M/S/C (Forrest-Stoops) that the 1979 dues for CWRA in the amount of $250 be paid. CWRA WATER, LABOR AND ENVIRONMENTAL LEADER'S LUNCHEON, FEBRUARY 16, 1979, COSTA MESA was discussed. M/S/C (Disch-Johnson) that the matter be tabled. ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICT QUESTIONNAIRE A questionnaire re the Association's Monthly Meetings was reviewed by the Board. It was determined: 1. Would you prefer one centrally located meeting place? M/S/C (Disch-Johnson) No. -5- 1/22/79 2. Would you rather meet six times a year instead of eleven? M/S/C (Disch-Johnson) Yes, six times a year. 3. Would your District host a monthly meeting? M/S/C (Disch-Forrest) Yes, in May. 4. What type of programs would your District prefer? M/S/C (Johnson-Forrest) Legal and legislative matters. The matter of a social meeting was also discussed. M/S/C (Stoops-Disch) that a social meeting be held once a year. RESOLUTION 1979.10 - ACCEPTING DEDICATION OF SEWERS WITHIN TRACT 8832, CRESTVIEW DEVELOPMENT was presented to the Board for approval. M/S/C (Johnson-Stoops) that Resolution 1979.10 be accepted. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: Director Forrest ( was out of the room.) REQUEST TO CALL FOR BIDS - SEWER INSTALLATION - FEBRUARY 13, 1979, ~AN MANUEL INDIAN RESERVATION was presented to the Board by the General Manager. The design of the sewer is being prepared by the San Manuel Indian representatives and CM Engineering is completing the specifica- tions. M/S/C (Disch-Johnson) that authorization be made to call for bids for sewer installation on the San Manuel Indian Reservation on February 13, 1979. WARRANTS Gen. 3606-3674 $337,746.94 - P/R 2978-3008 $9,267.49 -Total $347,014.43 M/S/C (Stoops-Johnson) that the warrants be approved as submitted. RESOLUTION 1979.11 - RENTAL AGREEMENT FOR SPACE AT PLANT 40, AIRCONDITIONING The Auditor requested authorization to rent space at Plant 40 to CMI Airconditioning. The lessee has agreed to maintain the property, in- cluding fences, abate weeds and Pay $50 per year to use the space ~or storage. M/S/C (Stoops-Forrest) that Resolution 1979.11 be approved, subject to maintenance and legal approval. ROLL CALL VOTE: AYES: Directors Forrest, Johnson, Stoops, Wall NOES: Director Disch ABSNET: None Director Disch stated he voted no because he did not feel the rent was sufficient. CITY CREEK - A POTENTIAL PARK Director Stoops indicated Gary Patton, Supervisor Hansberger, Director 1/22/79 -6- Johnson and himself were going to look at the City Creek area on February 14 at 3:30 as a potential park. Information only. DISTRICT WELL LEVELS District well levels were briefly discussed. It was requested that the General Manager make a report regarding the rising levels of Dis- trict wells. M/S/C (Disch-Forrest) that the General Manager prepare a report for the February 26, 1979 Board Meeting regarding the variation in well depths for the past 15 years; also, that Larry Rowe from San Bernardino Valley Municipal Water District be invited to speak on the subject of well depths on February 26th. JOINT POWERS AGREEMENT President Wall stated he had contacted Margaret Chandler regarding the amended Joint Powers Agreement and she had indicated that Mr. Wessel had been busy and would get to the matter shortly. STATE WATER RESOURCE CONTROL BOARD CORRESPONDENCE. In answer to an inquiry regarding a letter sent to the State Water Resource Control Board regarding the reopening of a grant by the City of San Bernardino, the General Manager indicated he had a follow up letter prepared that would be sent. EMPLOYEE RELATIONS RESOLUTION The General Manager stated the Employee Relations resolution will be on the February 26, 1979 Board Meeting agenda, with employees invited to attend. DISTRICT VEHICLE ACCIDENTS In answer to an inquiry regarding District vehicle accidents, the General Manager indicated there had been three accidents since the first of the year. He stated he had talked to the Field Superintendent about the matter and asked that he stress the importance of safety to field employees. RESOLUTION 1979.4 - INITIATING ANNEXATION 1978-18~ UNIVERSAL CONTRACTORS, ~102-2142 PALM LANE~ SAN BERNARDINO was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1979.4 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None ADJOURNMENT There being no further business the meeting was adjourned at 6:20 p.m. O.A. Wall, President onnie R. Eas~wood -7- 1/22/79 COUNTY WATER DISTRICT P O BOX 3427 / 1 ~ 55 DEL ROSA AVE. SAN BERNARDINO, CALIFORNIA 92413 / (714) 889-9501 DIRECTORS O.A (ART) WALL, Pcesi(le~t DENNIS [. JOHNSON, Vice Presiden~ PHILIP A DISCH NORMAN W, FORREST GERALD W STOOPS HAROLD M. FONES, General Manager KENNETH O. 90RENSEN, Au~lltor-Treasurer BONNIE E~,STWOOD, Sectelary January 22, 1979 From: Norman W. Forrest Director, East San Bernardino County Water District Special Districts Representative on LAFC To: President and Board of Directors of the East San Bernardino County Water District In the following statement I want to show how the decision was arrived at to change the sphere of influence of the City of San Bernardino and the annexation of the Highland Hills property to the City of San Bernardino. I also want to thow that it was not ~ for the Directors of the East San Bernardino County W~r District to dictate the way they wanted me to vote on 12/13/78 as a Commissioner on the LAFC representing all 59 Special Districts, or to threaten me with a censure On 12/26/78 to change m~ vote on 1/10/79. Likewise, I will show that it was only a half truth when the Director and General Manager attempted to influence the association membership of Special Districts to remove me from my seat on LAFC, when in reality Herold Bertolotti was also a special district representative on LAFC the same as I--and we both voted to change the sphere of influence of the City of San Bernardino and to annex the Highland Hills to the City of San Bernardino. It is true that I knew how the Directo~ of the East San Bernardino County Water District wanted me to vote, as well as the City Creek Water Company directors; however, I felt very strongly that one man, Dr. Hansen, owning apprqximately 540 acres as well as Stubblefield, owning approximately 34 acres, had' the_--~_~ to annex to the City and develop their pr.operty in compliance with City regulations. At this ~oint I think each Director and the General Manager should ask himself ow he would like to be holding the property in question and stymied with his investment. This decision to me was more important than the 'fears of the Directors of East San Bernardino County Water District o--f--t-h-e eventual takeover of the District by the City of San Bernardino. The LAFC met on 12/13/78 for a hearing on the sphere of influence change for :the City of San Bernardino and the annexation to the City of San Bernardino of the Hansen property or Highland Hills property. At such hearing the "Commission heard and received all oral and written protests, all plans, objections, and evidence which were made, presented, or filed, and all persons present were given an opportunity to hear and be heard in respect to this matter." A motion was then January 22, 1979 Page 2 made by Hammock and seconded by Jimenez, and carried on a 5 to 1 vote that the sphere of influence of the City of San Bernardino and the annexation of the Hansen property or Highland Hills be approved. ,mm ~oti.ng in favor were Special District Representatives Herold Bertolotti and Norman W. Forrest, along with Chairman Hartzell. The opposing vote was cast by Mrs. Eileen Carter. On 12/26/78 the East San Bernardino County Water District censured me for not abstaining, or voting against the sphere of influence change and the annexation of the City of San Bernardino. This action stripped me of all expenditures for and on behalf of the East San Bernardino County Water District for allied services beyond district boundaries. Please refer to my letter of January 8, 1979 wherein I refuted all charges. Also, please refer to legal, opinion saying "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." On January 10, 1979, 15 citizens of the East Highland area, who were not being annexed, or were not ~ in the area bein~ annexed -~ ~a being ~-~-~bi~-~), req~tea ~nat-The LA~ehear t~ ~-{~-~ of San Bernardino sphere of influence change and the annexation to the City of San Bernardino. Because there was no new information or additional reasons for rehearing the matter which was heard on 12/13/78 for approximately 4-1/2 hours, the request was denied. Against re- hearing were Forrest, Hammock, Jimenez and Chairman Hartzell; for rehearing were Carter, Bertolotti and Hansberger who was not at the mm original hearing. On the request for reconsideration of the ~mmission's decision relating to the Hansen property or Highland Hills development, it was defeated on a 5 to 2 vote. Carter, Forrest, Hammock, Jimenez and Chairman HartzeT1 voted against the reconsideration, and Bertolotti and Hansberger voted in favor of reconsideration of the CommisionerS' decision of 12/13/78. Thus it appears that Commissioner Bertolotti had reservations about his original decision of 12/13/78 of approving the sphere of influence and annexation, and Mrs. Carter had reservations about her original decision on 12/13/78 of being against the sphere of influence and annexation. It is well to note again that Mr. Hansber~er was not ~ at the original hearing on 12/13/78. Mrs Eileen Carter whose motion to r~ject the citizen's req~st to reconside~ its decision said t~t~ugh she was the only LAFC member who opposed the original 'sphere of influence change and annexation proposal added, "~ feel we did hear this justly and fairly." On 1/12/79 a special meeting was called by a majority of the Directors .of the East San Bernardino County Water District "to discuss Director Norman W. Forrest and his activities as a Director on the East San Bernardino County Water District", and also to discuss "his activities as a Commissioner of the Local Agency Formation Commission." It is ~ evident that there was no discussion with me, nor do the minutes ct any di~siol. ~-~-~e~r~-i-~--~-n~w ap--~ar~nt ~a~--~he.~----~ o--f--{~- meeti~ ~ ~'pass Resolution 1979.2 "requesting the association ~ of San Bernardino County Special Districts to'institute proceedings to remove Norman W. Forrest as a Special District representative on the Local Agency Formation Commission" and that such Resolution be presented to the Association of San Bernardino County Special Districts at the next meeting of said Association on Monday, January 15, 1979. ~.anuary 22, 1979 Page 3 The letter dated 1/15/79 accompanying Resolution 1979.2, along with approximately 9 pages of printed material, was out of order because there was nothing in the minutes, or in Resolution 1979.2 authorizing the Vice President, General Manager, Harold Fones, Directors Disch, Stoops, or Wall to distribute among the membership, or mail the same to the membership of the Special Districts Association. The By-Laws of the Association do not provide for the Association to pass a resolution requesting the recall or removal of any member of any commission (such as LAFC) or District, nor does it provide or suggest that a matter considered critical to one District's internal affairs be placed on another District's agenda to "urge" the recall of Norman W. Forrest, as was done by my district. No where has it been shown that I have not supported all Special Districts. In connection with this incident where Mr. Fones passed out literature against me and other signs of contempt for me, I request that he should be censured by this board because he is appointed by the Board of Directors. He is subordinate to me and four other elected Directors. ! also request that an entry be made in Mr. Fones' permanent personnel file citing this incident. In conclusion, the issue before LAFC on 12/13/78 was simply to consider the change of the sphere of influence and the annexation to the City of San Bernardino of the Hansen property or Highland Hills, and not an annexation to the East San Bernardino County Water District. If it had been an a~nex~tion to the East San Bernardino County Water District I would have had to abstain from voting, or absent myself. No dama__~_9_ has been done to either the East San Bernardino County Water ~s~-~-~ct or to those protesting and there is no proof that there will be in the future. However, if it comes to pass that the City of San Bernardino may eventually take over the East San Bernardino County Water District and can provide lower water and sewer rates and connection fees, eliminate huge legal fees, administrative costs (such as the General Manager's salary which in 1968 was $16,500 plus fringe benefits and now as of January 3, 1979 Herold Fones, General Manager's salary is $33,492.00 plus fringe benefits--medical insurance $104.08 per month, dental insurance $20.05 per month, plus sick leave 4 hours per pay period, retirement 15.848% of his salary, and liberal vacation time) fees, fringe benefits and fringe benefits for the directors, thus benefiting the property owners in view of the spirit of Proposition 13, then how can any Director, or General Manager object to the change of the sphere of influence and the annexation to the City of San Bernardino? Lastly, how can this Board justify its action in singling me out for censure and removal from LAFC when in fact Special District Represen- tative Herold Bertolotti voted the same as I on Resolution 1841, approv!ng the expansion of the sphere of~n~luence and Resolution 1482 approving the annexation to the City of San Bernardino. Both resolutions carried on a 5 to 1 vote. Therefore, in view of the foregoing facts, which I have presented to the Board of Directors answering your allegations, I hereby request that you rescind Resolution 1978-90 and 1979-2 by Resolutions and vote of the Board. Also, I request that the same distribution be made to all agencies either hand delivered or mailed and to any individuals receiving the cover letters and copies of Resolutions 1978-90 and January 22, 1979 Page 4 Resolution 1979-2. VN~r~i~n ~l~F6rres~ ~/ - Director of East San Bernardino Water District. Special District Representative on LAFC Commission cc: The Sun Telegram President of Independent Special Districts and Board Members.