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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 02/13/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING FEBRUARY 13, 1979 MINUTES President O.A. Wall called the meeting to order, and declared bid time closed, at 4:00 p.m. He then led the flag salute. ROLL CALL: PRESENT: O.A. Wall, President; Dennis Johnson, Vice-President; Philip A. Disch, Gerald W. Stoops ABSENT: Norman W. Forrest 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; Duncan Parkes, Engineering Dept. GUESTS: Jan Cleveland, The Sun; Robert Voce, Jr., Rick Stark of Greenberg, Stark & Associates; James Asimakis, Jr., Highland News Enterprise, James Schlahta, Bruce Ferris, Jack Taylor MINUTES: M/S/C (Stoops-Johnson) that the Minutes of January 22, 1979 be approved as submitted. SEWER SERVICE REQUEST, ROBERT VOCE, JR., 27571 TEMPLE, HIGHLAND Mr. Voce presented the Board with a petition signed by 36 property own- ers requesting sewer service to three streets south of Baseline and east of Church Street in the Highland area. He indicated Tract 9915, direct- ly behind their streets is going to be under construction shortly and, therefore, they would like an estimate of the costs for obtaining sewer service to their homes. After discussing the matter, it was M/S/C (Johnson-Stoops) that sewer service to the area be reviewed with an estimated cost to be presented to the Board in approximately 30 days. BID OPENING - INSTALLATION OF SEWAGE COLLECTION SYSTEM WITHIN SAN MANUEl, INDIAN RESERVATION, NORTH END OF VICTORIA AVENUE The Secretary opened and read the bid proposals for installation of sewage collection system within the San Manuel Indian Reservation, at the north end of Victoria Avenue. All proposals included a ten percent bid bond and were as follows: J.R. Kirk Construction Co. $51,285.00 Meyer Constructors 43,332.00 G.R. Frost, Inc. 62,475.00 2/13/79 P. Rasic $53,650.00 J.L. Scott Co. 57,760.00 Wal-Con Construction 43,253.00 Stanley Yelich, Inc. 52,480.00 W. R. Company 59,605.50 J. Malloy, General Contractors 65,170.00 JMK Construction 88,255.00 vido Samarzich Company 80,000.00 Ban Bevanda - J.V. 52,868.00 A. Davies 59,770.00 Engineer's Estimate 51,000.00 M/S/C (Stoops-Johnson) that the bids be turned over to staff and the consulting engineer for checking and recommendation. Engineer Dahlke indicated that all the bids were in order and recommend- ed the bid be awarded to the low bidder, Wal-Con Construction~ with the next two lowest bids being retained. Bruce Ferris and Jack Taylor in- dicated that the bids were acceptable. M/S/C (Stoops-Disch) that the bid be awarded to Wal-Con Construction Company for installation of sewage collection lines in the San Manuel Indian Reservation north of Victoria Avenue, in the amount of $43,253.00, subject to approval of legal counsel; that the two next lowest bids be retained until the contract is executed. REQUEST FOR DEFERENCE AGREEMENT - TRACT 10102 - GREENBERG, STARK & ASSOCIATES, DEVELOPERS Rick Stark was present and requested that the D deference agreement for the water formula and c phases of Tract 10102. He indicated there will would pay the water charges prior to constructi deferred costs would be charged at the rate in ment. It was determined that the sewer connect be paid in full before construction begins on T costs also indexed at the current rate. Mr. St~ is scheduled to begin on Phase I March 1st. Th~ that he was in agreement with the deferred agreement concept. M/S/C (Stoops-Johnson) that the deference agreement be authorized, with payment for water formula and charges to be made at the beginning of each phase of development at the then current rate. ASSOCIATION OF CONCERNED CITIZENS OF SAN BERNARDINO RE PROPOSITION 13 - JIM SCHLAHTA Mr. Schlahta presented the Board with a questionnaire relative to the director's compensation, i.e., amount of money paid for meetings, fringe benefits and retirement plans, and requested the Board to answer such questions at this time. Mr. Schlahta reviewed the questions with the Board and asked that he get an answer within a week since each director~ answers would vary. M/S/C (Johnson-Stoops) that the questionnaire be filled out and sent to Mr. Schlahta on each director's behalf within the week. -2- 2/13/79 RESOLUTION 1979-16, RELEASE OF LIEN, AUGUSTINE & NORM3~ GUISA, 4000 ATLANTIC AVENUE, HIGHLAND was presented to the Board for approval. M/S/C (Disch-Stoops) that Resolution 1979.16 be approved as pre- sented. EMPLOYEE RELATIONS RESOLUTION The General Manager indicated he had discussed the Employee Relations resolution with all employees and they had indicated they agreed with it in concept. However, after discussing the matter, the Board deter- mined they would prefer talking with the employees about the resolution before approving it. The General Manager stated he would post a sign- up sheet for employees to indicate those that would like to meet with the Personnel Committee regarding the resolution. The Personnel Com- mittee will meet on February 20th at 4:15 p.m. to discuss the matter with any employees that so desire. M/S/C (Stoops-Johnson) that the matter be referred to the Personnel Committee to meet with District employees and discuss the resolution. DISTRICT WELL LEVELS The General Manager stated that Larry Rowe from San Bernardino Valley Municipal Water District had verbally agreed to attend the February 26th Board Meeting to discuss water table levels, at which time District well levels will also be discussed. Information only. ACWA JOINT POWERS INSURANCE AUTHORITY The Auditor gave a report on the proposed ACWA Joint Powers Insurance Authority for special districts. It has been requested that the Board review the Joint Powers Agreement Creating the Association of Calif- ornia Water Agencies Joint Powers Insurance Authority and if interested send a $500 check to indicate such interest in participating in the plan. After reveiwing briefly the coverage and costs of the plan, it was determined the $500 would be sent to ACWA. In the event the District decides not to participate, the $500 will be refunded. A final coramit- ment will not have to be made until the premium is definitely calculat- ed, at which time the plan would be accepted by resolution of the Board. M/S/C (Johnson-Disch) that the ACWA Joint Powers agreement be referred to the Finance Committee for review and that a recommendation be submit- ted to the Board February 26, 1979. CORRESPONDENCE FROM LARRY HENDON, DATED JANUARY 24, 1979, LAFC, RE NORMAN FORREST AS A REPRESENTATIVE ON THE LAFC BOARD was presented to the Board for their information. No action taken. CORRESPONDENCE FROM DENNIS JOHNSON TO SPECIAL DISTRICTS, DATED JANUARY 22, 1979, RE NORMAN FORREST AS A REPRESENTATIVE OF SPECIAL DISTRICTS ON THE LAFC BOARD BEING REPLACED was presented to the Board for their information, no action taken. CORRESPONDENCE FROM CITY OF SAN BERNARDINO, LAFC, RE REQUEST FOR AVAILABILITY OF SERVICES INFORMATION, N/HIGHLAND, W/CITY CREEK ROAD The General Manager stated that the information requested for avail- --3-- 2/13/79 ability of services for an area N/Highland, W/City Creek was for the purpose of an island annexation by the City of San Bernardino. By virtue of AB 1533 adopted in September 1977, the City of San Bernardino can annex up to 100 acres without a vote of the property owners. It was also stated AB 287 authored by Knox would not allow this reorganiza- tion without a vote. M/S/C (Stoops-Disch) that staff and Attorney Farrell prepare a resolution in support of AB 287 for review at the February 26th Board Meeting. CORRESPONDENCE FROM LARRY HENDON, LAFC, RE ANNEXATION TO THE CITY OF PROPERTY EASTWARD, HIGHLANDS AREA The General Manager presented a letter from Larry Hendon, LAFC requesting assistance from the District in the development of the City of San Bernardino eastward, the urbanization of the unincorporated areas in Highland and the proposed development of urban areas in East Highlands; no action taken, information only. CORRESPONDENCE FROM GENE CHAPPIE, ASSEMBLYMAN, DATED JANUARY 26, 1979 Assemblyman Chappie had written the District offering any assistance he could give to strenghen local government. Information only, no action taken. RESOLUTION 1979.12 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT MAKING DETERMINATIONS ORDERING ANNEXATION OF TERRITORY, ESTABLISHING TERMS AND CONDITIONS OF ANNEXATION AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED - ANNEXATION 1978-10, UNIVERSAL CONTRACTORS, TRACT 10060, ORANGE STREET, NORTH 0~' HIGHLAND AVENUE, HIGHLAND, CALIFORNIA was presented to the Board fo£ approval. M/S/C (Johnson-Disch) that Resolution 1979.12 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch,Johnson, Stoops, Wall NOES: None ABSENT: Director Forrest RESOLUTION 1979.13 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT MAKING DETERMINATIONS ORDERING ANNEXATION OF TERRITORY, ESTABLISHING TERMS AND CONDITIONS OF ANNEXATION AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED - ANNEXATION 1978.16, EVELYN L. QUINETTE, 3593 E. HIGHLAND AVENUE, HIGHLAND, CA was presented to the Board for approval. M/S/C (Johnson-Disch) that Resolution 1979.13 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: Director Forrest RESOLUTION 1979.14 - a RESOLUTION OF THE BOARD OF DIRECTORS OF THE E RDINO COUNTY WATER DISTRICT MAKING DETERMINATIONS ORDERING ~u~.~Q~~~Y., ESTABLISHING TERMS AND CONDITIONS OF ANNEXATION -4- 2/13/79 0,.,96 AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED - ANNEXATION 1978.17, R. PENNONI & M. SORGENTE AND LOUIS M. PRESS, PORTIONS LOT 25 & LOT 27, TRACT 2060, N/5TH STREET, HIGHLAND was presented to the Board for approval. M/S/C (Johnson-Disch) that Resolution 1979.14 be approved as submitted. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: Director Forrest RESOLUTION 1979.15 - RELEASE OF LIEN FOR WATER MAIN EXTENSION, MICHAEL L. CRIPE, 27007 FIFTH STREET, HIGHLAND was presented to the Board for acceptance, upon recommendation of the General Manager. M/S/C (Johnson-Stoops) that Resolution 1979.15 be apporved as presented. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: Director Forrest DRAFT OF COOPERATIVE AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANS- PORTATION AND THE DISTRICT WAS PRESENTED TO BOARD FOR DISCUSSION A draft agreement between the State Department of Transportation and the District for continued participation by the Water District in the maintenance of highway planting on Route 30 between Golden Avenue and Highland Avenue for a period of five years. The agreement is the same as the one executed on September 11, 1973. The agreement had been reviewed by Attorney Farrell and he indicated it appeared to be in order. The Department of Transportation will prepare the final agreement for execution. M/S/C (Stoops-Johnson) that the draft agreement between the State Department of Transportation and the District be accepted as presented. BEAR VALLEY MUTUAL WATER COMPANY ANNUAL MEETING, FEBRUARY 20, 1979 The General Manager stated the Bear Valley Mutual Water Company had notified the District of their annual meeting to be held on February 20, 1979 at 10:00 a.m. in Redlands. The District has 12,861 shares of stock to vote. M/S/C (Stoops-Disch) that Harold M. Fones, General Manager, be authorized to vote the District's 12,861 shares of stock. AWWA CONFEI{ENCE, SAN FRANCISCO, JUNE 24-29, 1979 Information regarding the AWWA Conference to be held i~ San Francisco on June 24-29, 1979 was presented to the Board. M/S/C (Disch-Johnson) that any Director present at this meeting --~ being held on February 13, 1979, be authorized to attend the AWWA Conference in San Francisco; that the General Manager also be authorized to attend. 2/13/79 ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS MEETING, FEBRUARY 20, 1979, MEDITERRANEAN RESTAURANT was announced. M/S/C (Disch-Stoops) that staff members present be authorized to attend the Special Districts Meeting on February 20, 1979. WARRANTS Payroll 3009-3039 $9,573.70; General 3675-3710 $92,197.11 Total $101,770.81 M/S/C (Disch-Johnson) that the warrants be approved as presented. DIRECTORS FEES AND EXPENSES The following fees and expenses were presented: Johnson $200; Disch - $200; Wall $200; Stoops - $150. Director Forrest was not present, therefore, his fees were not presented. M/S/C (Stoops-Johnson) that the Director's fees and expenses be approved as presented. WELLS IN EAST HIGHLAND AREA The General Manager proposed installing six new wells out in the East Highlands area. The new site will be in the vicinity of the San Bernardino Valley Municipal Water District well, which will be tested for water quality on February 22, 1979. The General Manager requested authorization to attend a meeting with the San Bernardino Valley Conservation District to request their cooperation in obtaining ease- ments for installation of such wells. He stated that due to the rising pumping costs a savings of approximately $250,000 per year would be realized once all six pumps are operating. Energy costs have been rising about 15 percent per year and now the standby charges have raised considerably. The operation would be conducted in phased developments over a five to six year period at a ~ost of approximately $1 million. The cost of the first well to equip and drill, as well as installation of transmission lines, would be about $700,000, with the cost of the transmission lines being a one time expense, since all the wells would utilize them as they were built. M/S/C (Johnson-Stoops) that the General Manager be authorized to meet with Mr. Hiltgen at the San Bernardino Valley Conservation District to discuss the possibility of obtaining easements for construction of wells in the East Highlands area. CORRESPONDENCE FROM CHEVRON GAS RE ALLOCATION POLICY Correspondence had been received from the Chevron Gas Company regarding the possibility of gasoline allocation based on customers' gasoline purchases during February and March of 1978. Information only, no action taken. WATER MAIN INSTALLATION WITHIN MEINES STREET, BETWEEN PALM AND CENTRAL BY DISTRICT CREWS The General Manager informed the Board that water main installation within Meines Street, between Palm and Central Avenues had been completed by -6- 2/13/79 District crews and accepted by the County Road Department. He recor~mend- ed acceptance by the Board. M/S/C (Disch-Johnson) that the Board accept the work as completed by District crews in Meines Street. PROPOSED ANNEXATION BY CITY, N/ORCHID DRIVE, EAST AND WEST OF PALM AVENUE The Board was presented information received from the City of San Bernar- dino re an island annexation N/Orchid Drive, East and West of Palm Avenue. The General Manager stated that the Municipal Reorganization Act (AB 1533) allows such annexations without the vote of the property owners involved. It was determined that although the District, nor the property owners can stop the action, the District would notify them by letter of the proposed action. M/S/C (Johnson-Stoops) that the Personnel Committee review the letter that will be sent out in the future informing the property owners of annexation of their property by the City; such letter to be presented at the February 26th Board Meeting for review. FINANCIAL STATEMENT Financial statements for October, November, December were presented by the Auditor to the Board for their review. No action taken. CITY CREEK - PARK DEVELOPMENT Director Stoops indicated that the meeting by Mr. Patton, Mr. Hansberger, Dennis Johnson and himself had been changed to February 21st at 3:30 p.m. to investigate the possibility of a park in City Creek bottom ~ for hiking and riding trails. Information only. LEGALITY OF DIRECTOR FORREST BEING SEATED ON TWO BOARDS Director Johnson questioned the legality of Director Forrest being seated as a director on both ~e East San Bernardino County Water District Board and the San Bernardino Valley Municipal Water District Board. He indicated it appeared there is the possibility of the positions being incompatible with each other. Attorney Farrell stated it was a very serious question. Mr. Farrell stated that the law states if a person is in two different positions in which they are not able at any time to fully represent each and both, that there is an incompatibility of office. Once a person accepts a second office they automatically are no longer members of the first board, in the same sense as if they actually resign. Attorney Farrell read excerpts from legal cases re incompatibility of office to substantiate his statements. He suggested the Directors could either declare the seat vacant or initiate proceedings in which the courts could determine if an incompatibility exists. There was some discussion regarding legal fees that could be incurred by the District. The Board discussed having Attorney Farrell submit a legal opinion on the matter at the February 26th Board Meeting. After further discussion it was M/S/ (Johnson-Stoops) that Norman Forrest's seat on the East San --~ Bernardino County Water District Board of Directors be declared vacant because of incompatibility. -7- 2/13/79 ROLL CALL VOTE: AYES: Directors Johnson, Stoops NOES: Directors Disch, Wall ABSENT: Director Forrest M/S/C (Stoops-Disch) that legal counsel prepare a legal opinion regarding the legality of Director Forrest sitting on two boards, relative to the situation being incompatible; that it be presented at the next Board Meeting on February 26, 1979. ADJOURNMENT There being no further business the meeting was adjourned at 6:15 p.m. Bonnie R. Eastwood, Secretary O.A. Wall, President -8- 2/15'/79