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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 03/12/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING MARCH 12, 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 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: Jan Cleveland, The Sun; Robert J. Doolittle, Joseph Colletti, Dana Brooks, Norman Forrest, J. Schlahta MINUTES M/S/C (Stoops-Disch) that the Minutes of February 26, 1979,Regular Meeting,be approved as presented. M/S/C (Stoops-Disch) that the Minutes of March 1, 1979, Special ~ Meeting, be approved as presented. NORMAN W. FORREST REQUEST FOR DISTRICT CONTRIBUTION TO BLUE CROSS HEALTH INSURANCE Upon a written statement from Mr. Forrest indicating he has applied for retirement with PERS, it was determined the District would pay one-half the costs of his Blue Cross Health Insurance, per Resolution 1973.57, adopted November 12, 1973. No action taken. OPINION BY ATTORNEY ROBERT J. FARRELL RE INCOMPATIBILITY OF OFFICE RE DIRECTORS O.A. WALL AND GERALD W. STOOPS Attorney Farrell read an opinion which he had prepared upon the request of the Board relative to the question of incompatibility of offices which Directors O.A. Wall and Gerald W. Stoops held. The opinion stated that upon consideration of the facts and circumstances inherent in the instance of both Director Wall and Director Stoops that a vacancy did exist in both seats and both vacancies should be filled pursuant to the terms of Section 1780 of the Government Code of the State of Calif- ornia in the same manner as the filling of the vacancy which occurred in the matter of Mr. Forrest. Attorney Farrell also stated that accord- ing to Section 30506 of the Water Code, in relation to County Water Districts, "each director elected or appointed shall hold offices until his successor qualifies." Therefore, it was determined that both "~ Director Wall and Director Stoops shall hold their office until their respective successors qualify. Attorney Farrell stated an election should be held June 5, 1979 for all three seats. (Legal Opinion attached.) 3/12/79 Dana Brooks was present and stated he felt an opinion should be obtained from the Attorney General's Office in Sacramento, however, Attorney Farrell stated this District cannot request such an opinion. RESOLUTION 1979.27 - RESOLUTION OF THE BOARD OF DIRECTORS OF EAST SAN ~ERNARDINO COUNTY WATER DISTRICT CALLING FOR ELECTION TO FILL VACANC±ES ON THE BOARD OF DIRECTORS OF SAID DISTRICT was presented for approval. M/S/C (Johnson-Disch) that Director Wall and Director Stoops' seats be declared vacant; that they retain their seats on the Board of Directors pursuant to Section 30506 of the Water Code; that Resolution 1979.27 be adopted as presented. ROLL CALL VOTE AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.28 - RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT ORDERING AND DIRECTING CONSOLIDA- TION OF ELECTIONS TO FILL VACANCIES ON THE BOARD OF DIRECTORS OF SAID DISTRICT was presented. M/S/C (Disch-Johnson) that election be ordered to fill the vacancies on the Board of Directors of the District created by Director Wall and Director Stoops; that the election ordered be consolidated with the election called to fill the vacant seat created by Norman Forrest on June 5, 1979; that the Registrar of Voters be notified of such action. ROLL CALL VOTE AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None M/S/C (Disch-Johnson) that Ken Sorensen be execused from the Meeting in order to notify the Registrar of Voters Office of action taken by the Board relative to an election. A discussion ensued regarding the District being split into five divisions or precincts and having directors elected from five individual areas, rather than at large. Director Disch made a motion that the staff be authorized to investigate the possibility of having the elections by area or division for this election. The motion died for lack of a second. CORRESPONDENCE FROM J. SCHLAHTA RE ATTORNEY'S OPINIONS The General Manager read a letter from J. Schlahta re a request for Attorney Farrell's decision re Directors Stoops, Wall and Forrest. M/S/C (Disch-Stoops) that the request be honored. WRITTEN QUESTIONS REQUESTED BY J. SCHLAHTA Mr. Schlahta presented the Board with additional written questions re the District and asked they be answered in writing. M/S/C (Disch-Johnson) that the staff be directed to answer questions; that before answers are sent to Mr. Schlahta they be presented to the Board for review. -2- 3/12/79 0~990 ROBERT DOOLITTLE, 7207 ELDER GULCH ROAD - WATER PRESSURE Mr. Doolittle indicated he was having problems with his water pres- sure at 7207 Elder Gulch Road and requested that it be investigated. The General Manager indicated he would meet with Mr. Doolittle the next morning regarding the matter. FINANCE COMMITTEE REPORT - SPECIAL FACILITY CHARGE 'The General Manager presented a report re a Special Facility Charge that had been discussed with the Finance Commitee. After the Board discussed the matter, the General Manager recommended that the District be consistent with practices established in the Plant 101 area and charge $1,300 per acre for development of water systems in pressure zones above those in existence, namely above 1600 feet. This would be in accordance with Ordinance 314. M/S/C (Stoops-Disch) that authorization be made for a $1,300 per acre special facility charge; that the charge be reviewed annually on or about July 1st. COMPUTER UPDATE The General Manager indicated the Finance Committee had also discussed a new computer system because of District growth. Mr. Roebke explained in some detail the reasons for considering a new computer. It was suggested a cost effect on various alternatives be reviewed. M/S/C (Stoops-Disch) that the matter be referred to the Finance Committee for further study. ELECTION DATA M/S/C (Stoops-Disch) - that each Candidate filing a Candidate's Statement will pay for his own, the District will not pay this cost. M/S/C (Johnson-Disch) that the Registrar of Voters be authorized to collect $450, the approximate cost, from each candidate at the time they declare the intent of filing a Candidate's Statement. M/S/C (Disch-Stoops) that the Registrar of Voters be authorized to include a precinct map with each ballot in order to clarify individual voting areas. The Registrar of Voters has provided this service of including maps for the past two elections due to the irregular boundary lines of the District. The cost will be approximately $500. REPORT ON SEWER ESTIMATE - TEMPLE, CIENAGA AND BUCKEYE STREETS The General Manager reported on sewer service to Temple, Cienaga and Buckeye Streets in Highland. This area is adjacent to proposed Tract 9915. He indicated service could be provided after Tract 9915 has been completed. There are approximately 43 homes. The area would have to be annexed to the District. A connection fee would have to be paid by each property owner, as stipulated by Ordinance. The fee at this time is $417. It was determined a letter should be drafted and 3/12/79 -3- presented to the Board for review at the next Board Meeting. The letter would be sent to property owners in the area stating that until Tract 9915 is completed and the area annexed to the District that sewer service would not be available. TREE FUND Director Stoops stated that Director Johnson, Don Sickles, the General Manager, two fireman and himself had visited the area of Plant 34 at Perris Hill, regarding fire proofing the area with plants. After out- lining a plan for planting trees and ground cover, it was determined soil studies should be made and water pressure determined for watering plants before further work is done at the site. Money donated by Director Johnson from his Director's fees will be used to accomplish the work. No action taken. CORRESPONDENCE FROM CITY OF SAN BERNARDINO RE SOUTHERN CALIFORNIA WATER COMPANY SYSTEM IN MUSCOY AREA Correspondence had been received from Marshall Julian, City of San Bernardino, regarding the City acquiring the Southern California Water Company's Delmann Heights Muscoy water system. M/S/C (Disch-Johnson) that the matter be referred to the Southern California Water Company Committee for a report at the March 26, 1979 Board Meeting. LETTER OF COMMENDATION - CHUCK KARPINSKI The General Manager presented a letter to the Board from a District customer, in which Chuck Karpinski had been highly praised for perform- ing a job as described by the customer "beyond the call of duty." The Board requested the General Manager to write a letter to Chuck commend- ing him for his performance. ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICT MEETING, HESPERIA, MARCH 19, 1979, monthly meeting was announced. No action taken. RESOLUTION 1979.21 FINAL ANNEXATION 1978-9 NEAL T. BAKER, TRACT 9859, PACIFIC & BOULDER AVENUES was presented for approval. M/S/C (Johnson-Disch) that Resolution 1979.21 be approved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.20A - INITIATING ANNEXATION 1979-3, JOHN R. LANIGAN & JEAN SWAN, 7104-06 PERRIS HILL ROAD was presented for approval. M/S/C (Johnson-Disch) that Resolution 1979.20A be approved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None -4- 3/12/79 RESOLUTION 1979.22 - ACCEPTING AND AUTHORIZING EXECUTION OF AGP~EEMENT WITH STATE TRANSPORTATION DEPARTMENT RE WATER FOR FREEWAY was presented for approval. M/S/C (Johnson-Disch) that Resolution 1979.22 be approved as pre- sented. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.23 - RESOLUTION DESIGNATING THE DISTRICT EMPLOYEE RELATIONS OFFICER was presented for approval. M/S/C (Johnson-Disch) that Resolution 1979.23 be approved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.25 - ACCEPTING DEDICATION OF SEWERS, TRACT 10085, ORANGE STREET BETWEEN HIGHLAND AND ATLANTIC was presented for approval. M/S/C (Johnson-Disch) that Resolution 1978.25 be approved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.26 - ACCEPTING DEDICATION OF SEWERS, TRACT 9848, N/W CORNER BOULDER & HIGHLAND AVENUES was presented for approval. M/S/C (Johnson-Disch) that Resolution 1979.26 be approved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None DEFERRED COMPENSATION INFORMATION FOR DIRECTORS The Auditor indicated the Board of Directors had until March 15, 1979 to sign up for participation in the Deferred Compensation plan, if they wished. No action taken. NORTH FORK ANNUAL MEETING, MARCH 30, 1979, 7 P.M. was announced. M/S/C (Stoops-Disch) that Director Johnson be authorized to vote the District stock. CITY CREEK ANNUAL MEETING The General Manager announced that City Creek Mutual Water Company would be holding their annual meeting. 3/21/79 M/S/C (Disch-Johnson) that staff be directed to remove Norman Forrest's name from the District's City Creek Water Company stock. M/S/C (Johnson-Disch) that Director Stoops and Director Disch be authorized to represent the East San Bernardino County Water District as Directors on the City Creek Water Company Board; that each of their names be placed on one share of stock. EAST HIGHLAND WELL REPORT The General Manager indicated he had met with the San Bernardino Valley Water Conservation District Board and outlined a concept of energy conservation by developing new well fields with high quality water in the vicinity of their spreading grounds. He indicated he had requested the possibility of acquiring easements for pipelines and well sites for the next few years in that area. The Conservation District Board in- dicated they would give the concept and request consideration and make a recommendation at their next meeting. No action taken. NORMAN W. FORREST FEES AND EXPENSES FOR JANUARY Mr. Forrest presented fees and expenses to the Board for the month of January. M/S/C (Johnson-Stoops) that $150 of the expenses and fees submitted for January be authorized for payment. DIRECTORS FEES AND EXPENSES FOR FEBRUARY The following fees and expenses for February were presented by Directors: Wall $150; Disch $150; Johnson $150; Stoops $150. Director Stoops stated he was contributing from this date until June all monies he receives from the District to the tree fund, with the stipulation that it be a contribution without listing it as an income if possible. M/S/C (Johnson-Disch) that the Director's expenses and fees be accepted. M/S/C (Johnson-Disch) that Mr. Forrest's expenses of $108.50 be authorized for payment as presented. WARRANTS General 3830-3845 $16,790.12 Payroll 3071-3101 $9,233.56 Total $26,023.68 M/S/C (Disch-Stoops) that the warrants be approved as presented. ACWA COUNTY WATER DISTRICT SECTION CONFERENCE, ERAWAN GARDENS, MARCH 2-4, 1979 was discussed briefly by Director Disch, President Wall and the General Manager. Information only. RESOLUTION 1979.24 - ACCEPTING DEDICATION OF SEWERS, TRACT 9594, BETWEEN MOUNTAIN AVENUE AND MARY ANN LANE was presented for acceptance. M/S/C (Johnson-Disch) that Resolution 1979.24 be accepted as presented. -6- 3/12/79 0 994 ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None CORRESPONDENCE FROM CHAMBER OF COMMERCE RE TRIP TO SACRAMENTO, APR/I, 4 & 5, 1979 was presented to'the Board for their information. SEWER LINE INSTALLATION - SUNNYSIDE AND 5TH STREETS The General Manager stated that the plans are due from CM Engineering regarding the proposed sewer line installation in Sunnyside and 5th Streets. Information only. DISTRICT MONIES SPENT BY DIP~ECTORS IN RELATION TO OFFICES HELD AFTER OPINION ON INCOMPATIBILITY Director Disch requested that an opinion be rendered by Attorney Farrell relative to monies spent by Directors after their incompatibility existed, since the question had been raised. M/S/C (Disch-Johnson) that Attorney Farrell be authorized to write an opinion on monies spent by Directors during their time of incom- patibility; that it be presented at the next Board Meeting on March 26, 1979. NEW FLAGS FOR BOARD ROOM It was suggested new flags be purchased for the Board Room, or the present ones cleaned if possible. ~ LAFC Director Stoops suggested that perhaps on an individual basis legis- lators should be informed by Directors as to the way LAFC is operating relative to the authority they have and how it is being used. TREE PLANTING Director Stoops stated possibly a plaque would be received as a result of a contest by the California ~ssociation of Nurseryman, due to his group planting a tree a few seconds after midnight on March 6th. Infor- mation only. ADJOURNMENT There being no further business the meeting was adjourned at 6:28 p.m. Bonnie R. Eastwood, Secretary Board of Directors O.A. Wall, President Board of Directors -7- 3/12/79 FARRELL & FARRELL ATTORNEYS AT LAW March 12, 1979 Board of Directors East San Bernardino County Water District 1155 Del Rosa Avenue San Bernardino, California 92405 Re: Incompatibility of Office Regarding O.A. (Art) Wall and Gerald W. Stoops Gentlemen: You have requested that we prepare, for your consideration, a written legal opinion regarding the present status of O.A. (Art) Wall, as a member of the Board of Directors of East San Bernardino County Water District, and in particular as to whether or not, by virtue of his accept- ance and assumption of office as a members of the Board of Directors of San Bernardino Valley Water Conservation District, an incompatibility of office arises causing a vacancy in his office as a member of the Board of Directors of East San Bernardino County Water District. A like question is presented regarding the present status of Gerald W. Stoops as a member of the Board of Directors of said East San Bernar- dino County Water District by virtue of his acceptance and assumption of office as a member of the Board of Directors of Redlands - Highland - Yucaipa Resource Conservation District. It would appear that Mr. Wall assumed his present status as a member of the Board of Directors of San Bernardino Valley Water Conser- vation District at a date subsequent to his last and present assumption of office as a Director of East San Bernardino County Water District, and it would likewise appear that Mr. Stoops assumed his present status as a member of the Board of Directors of Redlands - Highland - Yucaipa Resource Conservation District at a date subsequent to his present assumption of office as a Director of East San Bernardino County Water District. The question which obviously arises in both instances is whether the common law rules that the acceptance by a public officer of another office which is incompatible with the first office thereby vacates the first office; that is, the mere acceptance of the second incompatible office per se termin- ates the first office. In this opinion we will not go over and repeat at length the Court decisions relating to incompatibility of office since such was done at length in our opinion to you dated February 26, 1979, relating to the matter of incom- patibility of office as it related to Norman W. Forrest. Board of Directors East San Bernardino County Water District Page 2 March 12, 1979 As indicated in said prior opinion, the Courts have held that the hold- ing of one office does not of itself disqualify the incumbent from holding another office at the same time, provided there is no inconsistency in the functions of the two offices in question. But where the functions of the two offices are inconsistent, they are regarded as incompatible. In order to determine in the matter at hand, whether or not incom- patibility exists in the instant matters, it would appear that some examination of the statutes relating to a Water Conservation District and a Resour. ces Conservation District and their respective powers and functions is proper. It would appear worthy of mention and note that Mr. Wall was originally appointed as a Director of San Bernardino Valley Water Conservation District by the Board of Supervisors of San Bernardino County, and that likewise Mr. Stoops was so appointed as a Director of Redlands - Highland - Yucaipa Resource Conservation District by the Board of Supervisors of San Bernardino County. We feel that it is a fair assumption that they were so appointed by the Board of Supervisors because of their unblemished record of integrity and dedicated public interest and service over a period of years and that the tech- nical legal problem of incompatibility of office was obviously not considered by either the said Board of Supervisors or either Mr. Wall or Mr. Stoops at the time such appointments were made and accepted and assumed by the appointees. In determining the question of incompatibility of office the in- tegrity of either the appointing power or the appointees is not in question. The statutory law relating to a Water Conservation District is found under Sections 74000 et seq. of the Water Code of the State of California, and the statutory law relating to Resource Conservation District is found under Sections 9t51 et seq. of the Public Resources Code of the State of California. appear In reviewing the statutes in question it woul~th/tt the question of incom- patibility of office, in the exercise of the powers, duties and functions as a Director of either of said two districts with the exercise of the powers, duties and functions as a Director of a County Water District arises primarily from the fact that all three said Districts have some jurisdiction, limited or other- wise, in connection with water and its development, distribution and use. The law relating to Water Conservation Districts expressly provides for cooperation by such a district with one or more other districts whenever, in the opinion of the board of such district such cooperation is desirable or advantageous to such district (Sec. 74570), and further that such district in furtherance of such cooperation may join with another district or districts in the acquisition, purchase or construction of works or other property, real or personal, for the joint use or benefit of the cooperating districts (Sec. 74571). Board of Directors East San Bernardino County Water District Page 3 March 12, 1979 A similiar provision regarding cooperation is found under the law re- lating to Resource Conservation Districts authorizing directors of such a district to cooperate with other public districts in furtherance of the pro- visions and purposes of such district (Sec. 9408). It would thus appear that supportive and cooperative action between public districts has been encouraged and as of this time it would appear that the three districts here under consideration have cooperated and been support ire of each other in the matter of development, use and distribution of water and that no conflicts or inconsistencies in the exercise of the powers, duties and functions of the officers of said districts has arisen. However, the authority to cooperate, contract and to enter into joint projects as between East San Bernardino County Water District and either San Bernardino Valley Water Conservation District or Redlands - Highland - Yucaipa Resource Conservation District relating to use, development, dis- tribution, etc., of water, where one person is a member of the Board of Directors of East San Bernardino County Water District and at the same time a member of the Board of Directors of either of said Districts raises the question whi?,h appears to be the prime test of incompatibility applied by the Court, i.e. Two offices are said to be incompatible when the holder cannot in every instance discharg.e the duties of each." Furthermore, in determining whether or not incompatibility of office is involved, the decisions of the Courts, in considering the test of whether or not "the nature and duties of the two offices are such as to render it improper, from consideration of public policy, for one incumbent to retain both", have held in effect that so long as there is a possibility of conflict in the duties, powers, etc., that the offices are incompatible, regardless of the fact that the probability of such conflict is remote, and is said to apply even though the in- compatibility is only potential and even if there is only a possible clash of loyalties for the dual office holder. McQuillan on Municipal Corporations sets forth the rule as follows: "Public policy demands that an office holder discharge his duties with undivided loyalty. The doctrine of incompatibility is in- tended to assure performance of that quality. Its applicability does not turn upon the integrity of the persons concerned or his individual capacity to achieve impartially, for inquiries of that kind would be too subtle to be rewarding. The doctrine applies inexorably if the offices come within it, no matter how worthy the officer's purpose or extraordinary hi8 talents." Board of Directors East San Bernardino County Water District Page 4 ,... March 12, 1979 Applying the law, as we understand it, to the facts and circumstances inherent in the instance of a Director of East San Bernardino County Water District also acting at the same time as a Director of either San Bernardino Valley Water Conservation District or of Redlands - Highland ~ Yucaipa Resource Conservation District, it is our opinion that the doctrine of in- compatibility of office would apply in each instance and that since the assumpt- ion of office as a Director of San Bernardino Valley Water Conservation District by Mr. Wall was subsequent to his last assumption of office as a Director of East San Bernardino County Water District that a vacancy exists in his seat as a Director of East' San Bernardino County Water District, and that, likewise, since the assumption of office as a Director of Redlands - Highland - Yucaipa Resource Conservation District by Mr. Stoops was sub- sequent to his assumption of office as a Director of East San Bernardino County Water District that a vacancy exists in his seat as a Director of East San Ber- nardino County Water District, and that such vacancies should be filled pur- suant to the terms of Section 1780 of the Government Code of the State of Calif- ornia in the same manner as the filling of the vacancy which occurred in the matter of Mr. Forrest. Section 30506 of the Water Code, in relation to County Water Districts, m provides as follows: "Each director elected or appointed shall hold office until his successor qualifies." It would thus appear that both Mr. Stoops and Mr. Wall as elected officers shall hold office as Directors of East San Bernardino County Water District until their respective successors qualify. The position of Mr. Forrest would appear to be somewhat different in view of the fact that he voluntarily submitted in writing his resignation as a meml~er of the Board of Directors of East San Bernardino County Water District at the meeting of said Board on February 26, 1979, to take effect immediately, which resignation was accepted by the unanimous vote of said Board of Directors, including the affirm- ative vote of Mr. Forrest himself. Under such circumstances he has declined to further serve on the Board of Directors of East San Bernardino County Water District and despite the provisions of Section 30506, above referred to, there is no way possible to compel a personal service if the person in question declines to perform'. Such declination by Mr. Forrest will leave the Board of Directors of East San Bernardino County Water District with only four acting Directors until the existing vacancies are filled pursuant to Section 1780 of the Government Code and the successors qualify, but such will provide a sufficient majority to carry on the affairs of the said District. Respectfully submitted, FARRELL ah FARt(ELL RJF:jln J. Far