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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 03/26/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING MARCH 26, 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-President Directors Philip A. Disch, Gerald W. Stoops ABSENT: None CONSULTANTS: Robert J. Farrell, Legal Counsel; John Dahlke, Consulting Engineer STAFF: Harold M. Fones, General Manager; Kenneth O. Sorensen, Auditor-Treasurer; Bonnie R. Eastwood, Secretary, Lee Roebke, Office Manager GUESTS: Jan Cleveland, The Sun; Dick Reed, Bob Doolittle, Bob Asay Alden McCaw, J. Schlahta MINUTES Director Disch requested the minutes of March 12, 1979 reflect a motion which he made, but it did not carry due to the lack of a second: Page 4, re Southern California Water Company - that a letter be sent to Southern California Water Company informing them that because of the City's position we are not interested in purchasing their facilities at this time and they should go ahead ahd construct a filtration plant. M/S/C (Stoops-Disch) that the Minutes of March 12, 1979 be approved with correction. SOUTHERN CALIFORNIA WATER COMPANY COMMITTEE REPORT The General Manager read a committee report re a joint purchase of Southern California Water Co. with the City. Since the City is not willing at this time to participate in an agreement for the joint purchase of So. California Water Company facilities, it was recommended by the Committee that the District authorize expenditures up to $2,000 for labor to deter- mine the cost new, less depreciated value of the Southern California Water Company. Revenue bonds for forming an improvement district was also discussed. M/S/C (Johnson-Disch) that up to $2,000 be authorized for a study re the cost of purchasing Southern California Water Company facilities. WASTEWATER FACILITY PLAN UPDATE The General Manager submitted a report to the Board re the Wastewa~er Facility Plan update which included a report on the operation of the sewer treatment plant and a sumn~ary of cost data from the audit reports and minutes of the City of San Bernardino. It was noted that current operating problems are due to an accumulation of one million pounds of sludge that should be disposed of from the operating compartments. No -1- 3/26/79 action taken. OPINION RE MONIES SPENT AFTER DIRECTOR'S POSITIONS DETERMINED INCOMPATIBILF Attorney Farrell read his written opinion re the vacancies created by incompatibility of office which have occurred and whether it is incum- bent apon such directors affected to return to, or reimburse, the Dis- trict for director's fees and expenses which they have received for services performed on behalf of the District from the respective dates when the incompatiabitity giving rise to the vacancies first existed, up to the present time, or whether such fees and expenses were proper. Attorney Farrell stated that in his opinion the payment to the directors of allowed fees and expenses authorized by law during such period were that any of such payment should be reimbursed or returned to the District by any of said directors. (See attached opinion) STEP INCREASES APPROVED The Personnel Committee recommended the following step increases: Gary Young from 25A $4.09/$711/month to 25B $4.27/$743/month - 6 month step increase, effective 4/23/79 Sandra Dycus from 23A $3.75/$566/month to 23B $3.~1 $680/month - 6 month step increase, effective 3/12/79 M/S/C (Stoops-Johnson) that step increases be approved as recommended. CORRESPONDENCE RE DEVELOPMENT OF MUNICIPAL SOI~R U~ILITIES The General Manager reviewed the correspondence re the development of municipal solar utilities with the Board. It was determined that a letter be sent to Santa Clara requesting information from them since they are the first entity to participate in the concept. A report to be made to the Board on how they accomplished the service. SAN BERNARDINO COUNTY TAXPAYERS' ASSOCIATION Correspondence from the San Bernardino County Taxpayers' Association re the Spirit of Proposition 13 was discussed. It was determined a committee would review their concepts and possibly invite someone from their Association to share their ideas. No action taken. SAN BERNARDINO COUNTY PLANNING COMMISSION - CONSOLIDATION OF GENERAL PLAN Information had been received and reviewed from the San Bernardino County Planning Commission re hearings on April 6 and 12, 1979 to discuss a consolidation of the general plan. It was determined some- one should attend the meetings if possible. No action taken. RESOLUTION 1979.29 - RESOLUTION OF APPLICATION BY GOVERNING BODY OF PUBLIC ENTITY, ANNEXATION 1979-4, RICHARD N. SCOTT AND JAMES R. S~IRL~ VANGUARD DEVELOPMENT, POR. OF LOTS 1,2, & 3, BLOCK 2, WEST HIG~LAND~ S.B. was presented for approval. M/S/C (Stoops-Disch) that Resolution 1979.29 be aDproved. -2- 3/26/79 ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.30 - 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 1978-7 RONALD S. AND CAROL A. HAMILTON, NW 1/4, SEC. TlS, R3W, SBBM, EAST HIGHLANDS was presented for approval. M/S/C (Stoops-Disch) that Resolution 1979.30 be approved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.31 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT MAKING DETERMINATIONS, ORDERIN~ ANNEXATION OF TERRITORY, ESTABLISHING TERMS AND CONDITIONS OF ANNEXATION AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED - ANNEXATION 1978-18, UNIVERSAL CONTRACTORS, 2102-2142 PALM AVENUE, HIGHLAND was presented for approval. M/S/C (Stoops-Disch) that Resolution 1979.31 be aDDroved. ROLL CALL VOTE: AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.32 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT MAKING DETERMINATIONS, ORDERING ANNEXATION OF TERRITORY, ESTABLISHING TE~S AND CONDITIONS OF ANNEXATION AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED - ANNEXATION 1978-19, A. PAUSZ, R. CHASTEEN, JACK & BONNIE EASTWOOD, ANGELO & DONNA CARPENTIERO, POR. E 1/2 NW 1/4 NE 1/4, SEC. 2, TlS, R3W, HIGHLAND was presented for approval. M/S/C (Stoops-Disch) that Resolution 1979.32 be approved. AYES: Directors Disch, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1979.33 - 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 1978-21, JOSEPH T. & ROSIE V. AFFATATI, 2990 DEL ROSA AVENUE, SAN BERNARDINO was presented for approval. -3- 3/26/79 M/S/C (Stoops-Disch) that Resolution 1979.33 be approved. ROLL CALL VOTE: AYES: Directors Johnson, Disch, Stoops, Wall NOES: None ABSENT: None DRAFT LETTER FOR PROPERTY OWNERS RE SEWER SERVICE TO TEMPLE, CIENEGA, & BUCKEYE STREETS IN HIGHLAND The General Manager presented a draft letter for review which would be sent to property owners on Temple, Cienega and Buckeye Streets in High- land re sewer service to their properties. The letter explained that when sewer service is completed to Tract 9915 it can then be pr6vided to their homes at an approximate cost of $417 per home. It was deter- mined the letter should be mailed as presented. ANSWERS TO MR. SCHLAHTA'S QUESTIONS The General Manager reviewed the questions which were presented to the Board at the last Board meeting, along with answers to such questions, as they had been prepared for the Board's review. M/S/C (Disch-Johnson) that a copy of the answers be made available to Mr. Schlahta. COMPUTER Lee Roebke, Office Manager had prepared a written report for consider- ation re the purchase of a new computer. The General Manager read the report to the Board, after which Mr. Roebke answered questions. M/S/C (Stoops-Disch) that the matter concerning the purchase of a new computer be referred to the Finance Committee; that a recommenda- tion be made at the next Board Meeting. DRAFT LETTER TO PROPERTY OWNERS RE ANNEXATION BY THE CITY The General Manager presented a draft letter prepared for property owners re their being annexed by the City of San Bernardino. M/S/C (Disch-Johnson) that the draft letter be approved as submitted and the General Manager be authorized to send a copy of such letter to all property owners within the area being annexed in our District. SCAG RESOLUTION The General Manager indicated that SCAG had prepared a resolution and requested the Board adopt it. He stated two elements of the SCAG plan were very controversial, the air quality standards attached to sewer treatment projects and the population control, both of which he recom- mended be omitted from the resolution. Public agencies related to sewer treatment agreed that the population projections tend to be in- accurate and could limit future federal pariticipation in projects. The matter was discussed at some length. -4- 3/26/79 M/S/C (Disch-Johnson) that the matter be referred to the Sewer Committee for review; that a recommendation be brought back to the April 9, 1979 Board Meeting. WARRANTS Payroll 3102-3121 $9,024.22; General 3846-3945 $452,610.49 Total $461,634.71 M/S/C (Johnson-Stoops) that the warrants be approved as presented. FINANCIAL STATEMENTS FOR JANUARY The Auditor presented the Board with the Financial Statement for January. Information only, no action taken. CORRESPONDENCE FROM MR. SCHLAHTA The General Manager indicated that a letter had been received from Mr. Schlahta requesting the fiscal audit of 1977-78 and director's expense accounts for the New Jersey convention in 1978. Both items were dis- cussed. Director Disch presented Mr. Schlahta with a cancelled check showing he had paid for his wife and daughter's registration at the conference in New Jersey. No action taken. Mr. Schlahta requested a copy 'of authorized expenses for the AWWA Conference in San Francisco. CORRESPONDENCE FROM CWRA RE CONSTRUCTION OF DELTA PHERIPHERAL CANAL A letter had been received from CWRA requesting support for completion on an emergency basis of federal studies of the Delta PheriDheral Canal and early negotiation of an agreement for state federal construction and operation of same. The General Manager pointed out the need for construction of the canal. M/S/C (Stoops-Disch) that a letter be written s~pDo~ting ~ the construction of the Pheripheral Canal; that such letter be written to all persons and entities referred to in letter from CWRA, as well as SenatorsPresley and Ayala and Assemblyman Leonard. CORRESPONDENCE FROM NORMAN W. FORREST President Wall read a letter from Mr. Forrest in which he requested copies of all agendas and minutes dating back to Feb. 26, 197~; as well as financial statements. Mr. Forrest had also sent a letter to President Wall requesting information regarding the exDenses of Director Stoops from the date he was sworn in to office until ~arch 31, 1979. M/S/C (Stoops-Johnson) that the District comply with the request for agendas and minutes; that 10¢ per page be charged on any other materials requested. M/S/C (Johnson-Disch) that the request for Director Stoop's expenses be denied; that Mr. Forrest can come to the District Office and review the records if he wishes. BOB ASAY REQUEST FOR FINANCIAL AID FOR BEAUTIFICATION OF LITTLE LEAGUE FIELD ON EAST BASELINE Mr.~ Asay requested financial aid from the Board of Directors for -5- 3/26/79 beautification of the little league field in Highland. Director Stoops suggested the tree fund be used, such fund has accumulated from Director Johnson contributing monies earned as a Director into a District tree fund. Director Stoops has started putting his fees into the tree fund also. However, Attorney Farrell indicated this could be construed as use of public funds. Directors Johnson and Stoops assured Mr. Asay they would personally see funds were made available. Further study will be made re the tree fund account. M/S (Stoops-Johnson) that $300 be taken from the tree fund account for the beautification request. No vote was taken on the motion. MR. DOOLITTLE REQUEST TO RUN AS A CANDIDATE Mr. Doolittle asked the Board why he was denied the right to run as a candidate for office, even though he bought water from the District. It was explained to him that even though he lives within the District boundaries his property was not annexed to the District when the East Highlands Orange Company owned the property. Therefore, if he wants to become a candidate his property would have to be annexed to the District. This cannot be done before the election in June. ELDON MCCAW, 24736 EAST LITTLE THIRD ST. - BILLING COMPLAINT Mr. McCaw indicated he had been billed as a property owner for water consumption by his renters at 24736 E. Little Third St. It appears the renters had stated they owned the property, therefore, Mr. McCaw was not notified of the delinquent bill. He requested consideration for the $152.69 bill. Attorney Farrell indicated the matter should be investigated since the renters had stated they were the owners. The matter will be discussed further at the Finance Committee Meeting on Thursday. It was determined the bill due date would be extended to April 12, 1979. M/S/C (Johnson-Disch) that the Finance Committee review the matter and bring a recommendation back to the Board on April 9, 1979. DISCUSSION REGARDING LIMITATION ON MEETINGS AND EXPENSES OF DIRECTORS A brief discussion was held regarding a limit on the number of meetings a director may attend and a refining of expenses. No action taken. ADJOURNMENT There being no further business, the meeting was adjourned at 6:35 p.m. 'Bonnie R. ~hst~od, Secretary O.A. Wall, President -6- 3/26/79 ( ( FArRELL & FARRELL March 26, 1979 Board of Directors East San Bernardino County Water District 1155 Del Rosa Avenue San Bernardino, California 92413 Gentlemen: You have requested that we provide you with a written legal opinion regarding the following question:. In view of the fact that vacancies, created by incompatibility of office, have occurred in relation to three directorships of the within district board, is it incumbent upon the three directors affected to return to, or reimburse, the within district for dir- ector's fees and expenses which thcs/have received for services performed on behalf of the district from the respective dates when the incompatibility giving rise to the respective vacancies first existed, up to the present time, or were such fees and expenses proper payments? In our opinion the payment to such directors of allowed fees and expenses authorized by law during such period were proper and legal payments and that there is no legal basis for any contention that any of such payments should be reimbursed or returned to the district by any of said directors. There has never been any hint or suggestion that such directors have acted other than in good faith and in the honest and conscientious performance of their prescribed duties as directors of the within district. Nor is there any evidence or any suggestion that in accepting an appointment or incumbency on another district board that such directors knowingly did so with incompatibility of office in mind or with any wilful purpose of violating their trust or duties as a director of the within district. It would be equally absurd to suggest that all functions and actions of the within board during the period in question, including contracts and other matters, were defective and ineffective because of the vacancies created by incompatibility of office, since the law does not contemplate that a public dis- trict be thus placed in a state of suspended animation and become powerless to perform its prescribed functions and duties. As evidence of the legislative intention that the district shall continue to normally function and carry out its purposes notwithstanding yacancies in the board of directors is Section 30506 of the Water Code relating to County Water Districts, which provides as follows: Board of Directors East San Bernardino County Water District Page 2 March 26, 1979 "Each director elected or appointed shall hold office until his successor qualifies." Respect'fully submitted, FARRELL & FARRELL R-6be'rt Jo FaYrell RJF:jln