HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 08/13/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT
REGULAR MEETING AUGUST 13, 1979
MINUTES
The meeting was called to order and declared bid time closed at 7:00
p.m. by Dennis L. Johnson. He also led the flag salute.
ROLL CALL:
PRESENT: Dennis L. Johnson, President; Gerald W. Stoops, Vice-Presi-
dent; Directors Philip A. Disch, Harold V. Kelvington, Glenn
R. Lightfoot
ABSENT: None
CONSULTANTS: Attorney Robert J. Farrell; John Dahlke, Consulting Engineer
STAFF: Harold M. Fones, General Manager; Ed Jakowczyk, Auditor-
Treasurer; Duncan Parkes, Engineering Dept.; Bonnie Eastwood, Sec.
GUESTS: Jim Summers representing Geo. Wilson Ins.; Mr. & Mrs. Smith
and several contractors
BID OPENING ~ CONSTRUCTION OF TRUNK SEWERS IN EAST HIGHLANDS AREA, BETWEEN
CITY CREEK & WEBSTER STREET, EUCALYPTUS TO BOULDER AREA
The Secretary opened and read the bid proposals submitted for Installation
of Trunk Sewers in East Highlands area, Between City Creek & Webster St.,
Eucalyptus to Boulder area. All proposals included a ten percent bid
bond and were in order, except R & L Sewers and Kershaw Construction, both
of which were not signed by the principal, per Attorney Farrell. The bids
were as follows:
Peter David Co. $294,850.00
R & L Sewers 338 627.85
Meyers Constructors 242 098.53
Stanley Yelich, Inc. 294~948.25
Monarch Construction 296 353.00
Chino Pipeline 323 900.00
JMK Construction 225~367,00
Kershaw Construction 269 015.00
City Construction 324 323.00
Vicco Construction 255~945.00
M.J. Bevanda 286,868.00
Prkacin & Runje 328,515.00
Christeve Corp. 283,171.00
Engineer's Estimate 267,078.00
M/S/C (Stoops-Disch) that the bids be turned over to staff and the
consulting engineer for checking and recommendation.
Engineer Dahlke stated the low bidder JMK Construction had incorrectly
extended a total and their addition was incorrect, therefore, the correct
bid figure is $225,692.00. There were several other mathmatical errors
in the remaining bids, none in the next two lowest bids. Engineer
8/13/79 -1-
Dahlke recon~ended the bid be awarded to JMK Construction Co~npan¥~
M/S/C (Stoops-Kelvington) that the bid be awarded to JMK Construction
Company for construction of Trunk Sewers in the East Highlands area,
tbetween City Creek & Webster Street in the amount of $225,692.00; that the
two next lowest bids be retained until execution of the contract.
BID OPENING FOR PURCHASE OF BACKHOE
The Auditor stated that requests had been solicited from the same vendors
that bid on the last backhoe, regarding a bid price for purchase of a
similar backhoe for the District. After discussing the matter, it was
determined the backhoe was in the capitol improvement program and the
bids would be opened.
Whitney Tractor $36,487.64
Inland Empire Tractor No bid
Case Power & Equipment 39,133.08
Riverside Tractor, Inc. 26,176.70
It was determined that the bids would be reviewed by the Auditor and
Field Superintendent.
M/S/C (Stoops-Disch) that the matter be tabled and the bids awarded
at a later date
MINUTES
The Secretary requested that the Minutes of July 31, 1979 reflect an
effective date of August 27, 1979 for step increases for Clinton Stewart,
Elisabeth Perkins and Harry Blackman~ that the total for Mr. Wilson's
insurance package reflect $23,208.00, rather than $24,208.00.
M/S/C (Disch-Kelvington) that the Minutes of July 31, 1979~ be approved
as corrected.
ROLL CALL VOTE
AYES: Directors Disch, Kelvington, Lightfoot
NOES: None
ABSTAIN: Directors Stoops~ Johnson
RESOLUTION 1979.57 - RESOLUTION OF APPLICATION BY GOVERNING BODY OF PUBLIC
ENTITY, ANNEXATION 1979.9~ GREG P. TURNER, 7030 CONEJO~ SAN BERNARDINO
was presented to the Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.57 be approved as pre-
sented.
ROLL CALL VOTE
AYES~ Directors Disch, Kelvington, Lightfoot~ Stoops, Johnson
NOES: None
ABSENT: None
RESOLUTION 1979.58 - RESOLUTION OF APPLICATION BY GOVERNING BODY OF PUBLIC
ENTITY~ ANNEXATION 1979.11, GILANO DEVELOPMENT CO.~ 1974 LYNWOOD AT STER-
LING, TRACT 10325 was presented to the Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.58 be approved as presented.
-2- 8/13/79
ROLL CALL VOTE:
AYES: Directors Disch, Kelvington, Lightfoot Stoops, Johnson
NOES: None
ABSENT: None
RESOLUTION 1979.59 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN
BERNARDINO COUNTY WATER DISTRICT MAKING DETEI~MINATIONS, ORDERING ANNEXA-
ATION OF TERRITORY, ESTABLISHING TERMS AND CONDITIONS OF ANNEXATION AND
DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED, ANNEXATION 1979-%~
JOSEPH C AND DELLA GUASTELLA, POR. SECT. 2, TiS, R3W, E. HIGHLANDS, was
presented to the Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.59 be approved as pre-
sented.
ROLL CALL VOTE:
AYES: Directors Disch, Lightfoot, Kelvington, Stoops, Johnson
NOES: None
ABSENT: None
RESOLUTION 1979.60 - RESOLUTION FOR FACSIMILE SIGNATURES AND SIGNATURE
CARD FOR GENERAL CHECK ACCOUNT, BANK OF CALIFORNIA was presented to the
Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.60 be approved as
presented.
ROLL CALL VOTE
AYES~ Directors Disch, Lightfoot, Kelvington, Stoops, Johnson
NOES: None
ABSENT~ None
RESOLUTION 1979.61 - NOTICE OF COMPLETION, ACE PIPELINE CONSTRUCTION
CO. TRACT 10353, WATER MAIN INSTALLATION, ARGYLE & 19TH STREET was pre-
sented to the Board for approval.
M/S/C (Stoops-Lightfoot~ that Resolution 1979.61 be approved as
presented.
ROLL CALL VOTE
AYES: Directors Disch Lightfoot, Kelvington, Stoops, Johnson
NOES: None
ABSENT: None
RESOLUTION 1979.62 - NOTICE OF COMPLETION, WATER MAIN INSTALLATION WITHIN
TRACT 10042, NORTHWEST CORNER PACIFIC ST. & CENTRAL AVENUE, VANGUARD
BUILDERS, EL-CO CONSTRUCTION was presented to the Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.62 be approved as pre-
sented.
ROLL CALL VOTE
AYES: Directors Disch, Lightfoot, Kelvington, Stoops, Johnson
NOES~ None
ABSENT: None
RESOLUTION 1979.63 - 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
8/13/78 -3-
ANNEXATION AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY ANNEXED~
ANNEXATION 1979.6, DIAMOND INVESTMENT CO., LOT 14, BL 2, TRACT 19~4
was presented to the Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.63 be approved as pre-
sented.
ROLL CALL
AYES: Directors Disch, Lightfoot, Kelvington, Stoops, Johnson
NOES: None
ABSENT: None
RESOLUTION 1979.64 - NOTICE OF COMPLETION, JM]( CONSTRUCTION, SEWERS
IN TIPPECANOE & SUNNYSIDE was presented to the Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.64 be approved as
presented.
ROLL CALL VOTE
AYES: Directors Disch, Lightfoot, Kelvington, Stoops, Johnson
NOES: None
ABSENT: None
RESOLUTION 1979.65 - NOTICE OF COMPLETION, WAL-CON CONSTRUCTION SEWER
INSTALLATION SAN MANUEL INDIAN RESERVATION was presented to the Board
for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.65 be approved as
submitted.
ROLL CALL VOTE
AYES: Directors Disch, Lightfoot, Kelvington, Stoops, John§on
NOES None
ABSENT~ None
RESOLUTION 1979.66 - NOTICE OF COMPLETION, WAL-CON CONSTRUCTION CO.
SEWER MAINS IN EAST FIFTH STREET TO CITY CREEK was presented to the
Board for approval.
M/S/C (Stoops-Lightfoot) that Resolution 1979.66 be approved as
submitted.
ROLL CALL VOTE:
AYES~ Directors Disch, Lightfoot, Kelvington, Stoops, Johnson
NOES: None
ABSENT: None
FINANCE COMMITTEE MEETING
The General Manager stated the Finance Committee had met on August 9,
1979 and discussed social security, insurance and employee step raises.
The meeting was of an informational nature for Directors Lightfoot and
Johnson, no recommendations were made. After comparing the salary of
the meter reader it was noted that even though the hourly compensation
appears to be lower than the City, there are other advantages to the
District's total compensation package, that in the long run the District
employee comes out with more money and benefits while working for the
District. It was determined that with the possibility of the District
-4- 8/13/79
dropping the social security program in September a package of add%tional
Benefits to replace the monies from social security will be considered.
The Auditor stated he is scheduling a meeting with a PERS representative
and a social security representative to meet with the employees and
Board members. After discussing step raise increments it was determin-
ed the Boards's position should be discussed and explained to the employe~_.
The General Manager was requested to prepare two sample wage scales for
review. The President requested the Personnel Committee to meet with
employees sometime before the next Board Meeting and explain the Board's
position regarding the step raises to them, as well as getting input
from the employees regarding their feelings on the matter
MRS. JOYCE SMITH, 8061 SUNNYSIDE AVENUE, SEWER SERVICE INSTALLATION
Mrs. Smith was present at the Board Meeting with a petition signed by
nineteen property owners requesting the District not to provide sewer
service to their property. The Board had requested Mrs. Smith to pre-
sent such a petition at the last Board Meeting indicating the property
owner's feelings. Mrs. Smith reiterated that the property owners do
not have the money to pay for the service and do not want sewer service.
Attorney Farrell stated that even though the District may desire to
pass a resolution which would not obligate residents to hook up to the
sewer service, the County has ordinances which will require it. It was
determined the installation could be done in segments in the area,
although, it would be more expensive. Director Disch stated that since
the design engineering work has been done, he felt the work should pro-
ceed with consideration being given to those that cannot affort to
hook up immediately. Director Lightfoot stated he felt since the prop-
erty owners have indicated they do not want the service, it should not
be forced upon them. President Johnson reco~ended the Finance Com-
mittee study the problem. The General Manager will write a letter to
the petitioners.
M/S/C (Stoops-Lightfoot) that the matter of sewer installation on
Sunnyside be referred to the Finance Committee with a recommendation
being made on August 27, 1979.
DISTRICT LIABILITY INSURANCE
The Board briefly discussed the two proposals submitted for District
liability insurance. Mr. Summers from George Wilson Insurance was pre-
sent to answer questions. After discussion, it was determined that the
District should advertise earlier next year for bids on the insurance,
about 45 days in advance; that the insurance come up for competitive
bid annually, about May 15th.
M/S/C (Stoops-Lightfoot) that the District insurance program be
~rovided by George Wilson Insurance, with an annual premium of
23,208.00, effective August 16, 1979, at 12~01 a.m~, with an expira~
tion date of July 1~ 1980.
ROLL CALL VOTE~
AYES: Directors Disch, Lightfoot~ Stoops, Johnson
NOES: Director Kelvington
ABSENT¢ None
SCAG, INFORMATION RE ADVISORY COMMISSION AND THEIR ACTIVITIES
A new water quality advisory committee is being formed for the Southern
8/13/79 -5-
California area by Southern California Association of Governments, the
Los Angeles Santa Ana and San Diego Regional Water Quality Control
Boards. A representative will be selected to represent water agencies
on the South Coast Water Quality Advisory Committee. The Board felt
they would like more information regarding representation on the Com-
mittee.
M/S/C (Lightfoot-Disch) that the General Manager be requested to
obtain more information and make a recommendation.
AUTHORIZATION TO SELL OBSOLETE BACKHOE
Staff requested authorization to sell the District's obsolete backhoe.
M/S/C (Disch-Stoops) that the Auditor be authorized to call for bids
for sale of District backhoe.
REQUEST BY PETER D. HERNANDEZ FOR LEAVE OF ABSENCE FROM AUGUST 20-24,
1979.
The General Manager indicated Peter D. Hernandez had requested 3-1/2
days leave of absence, along with an accumulated day and one-half of
vacation being paid.
M/S/C (Stoops-Disch) that Peter D. Hernandez be granted a leave of
absence for August 20-24 1979, with an accrued day and one-half of
vacation being paid~
WARRANTS
General 4471-4539 $210,482.79 Payroll 3417-3447 $10,529.83 Total $221,012.62
M/S/C (Disch-Stoops) that the warrants be approved as submitted.
DIRECTORS FEES AND EXPENSES
The following fees and expenses were submitted: Disch $250; Stoops -0-;
Kelvington $276.29; Lightfoot $150; Johnson $100o
M/S/C (Stoops-Disch) that the Director's fees and expenses be
approved as submitted.
REQUEST TO CALL FOR AND OPEN BIDS ON AUGUST 27, 1979~ FOR WATER MAIN
REPLACEMENT ON BASELINE STREET BETWEEM PALOMINO AND CHURCH STREETS
The General Manager indicated that the County had requested District
water mains be installed in Baseline Street by September 28, 1979,
therefore, requested authorization to call for bids with bid opening
on August 27, 1979.
M/S/C (Disch-Lightfoot) that authorization be made for staff to
call for and open bids on August 27, 1979, for water main replacement
on Baseline Street.
DESIGNATION OF DIRECTORS FOR MUTUAL WELL COMPANY
The present directors of the Mutual Well Company are Harold M. Fones,
-6- 8/13/79
Leroy Roebke and O.A. Wall. It was determined new directors should
be appointed.
M/S/C (Stoops-Disch) that Director Kelvington, Harold M Fones,
and Leroy Roebke be appointed as Directors on the Mutual Well Co. Board.
DESIGNATION OF DIRECTORS FOR CORWIN WELL COMPANY
The present directors of the Corwin Well Company are Harold M. Fones,
Leroy Roebke and O.A. Wall. It was determined new directors should be
appointed.
M/S/C (Disch-Stoops) that Director Lightfoot, Harold M. Fones~ Leroy
Roebke be appointed as Directors on the Corwin Well Company Board.
ACWA CORRESPONDENCE RE AUGUST 29, 1979, PUBLIC INFORMATION/RELATIONS
MEETING~ A CALL TO ACTION
Correspondence had been received from ACWA re a Public Information
Meeting relative to future water resource development and management
in California, and the possibility of getting needed water development
legislation through the state legislature in the coming session, The
General Manager recommended attendance at the meeting on August 29,
1979 at the Los Angeles Marriott Hotel.
M/S/C (Stoops-Disch) that the General Manager and Director Kelvington
be authorized to attend the Public Information Meeting on August 29,
1979, or a substitute if Director Kelvington cannot attend,
METER CHARGE
The General Manager indicated that he had composed a letter explaining
the meter charge that had recently been itemized on the bill. The
letter is provided to those customers requesting an explanation of the
meter charge, A copy will be sent to all directors.
JOINT POWERS AMENDMENT
The General Manager stated that an opinion had been requested from
Attorney Farrell regarding sewer payments to the City in view of their
recent increase in fees. (See attached letter) The General Manager read
the letter to the Board. It was determined that the District would pay
92% of $3.15; that the charges to commercial accounts would remain the
same, until the District can determine how to charge the new fees. After
discussing the matter in some detail, it was
M/S/C (Stoops-Disch) that the Board accept the legal opinion and
pay charges accordingly; that staff be instructed to follow instructions
therein; i.e. pay 92% of $3.15 per month for residential and pay by
the same method as in the past on commercial sewer accounts.
PLANT 37 OVERFLOW
Director Lightfoot indicated someone had notified him regarding Plant
37 overflowing. A discussion followed as to the methods that would
be employed to reduce the overflow and repair damage already incurred~
The General Manager indicated a pipe would be laid for the water to
flow from the tank to the street in the event it overflows again, thereby
8/13/79 -7-
eliminating silt and other debris flowing over private property and
into the street. Telephone failure had caused malfunction of the
controls. Telemetering improvements would resolve the problem.
ELECTION COSTS
Follow-up will be made by the Secretary regarding June election costs
A letter had been written requesting information from the Registrar of
Voters, however, it has not been answered at this time.
ROZEMA REQUEST TO BUY WELL ON EAST FIFTH STREET
The Auditor stated a cost of $550 had been placed on the well site
which Mr, Rozema had requested to purchase. The lot is 30 x 30 on
East Fifth Street. Mr. Rozema indicated he is going to purchase the lot.
PURCHASE OF SOUTHERN CALIFORNIA WATER COMPANY - WORKSHOP SCHEDULED
President Johnson requested the General Manager to set up a workshop
for a discussion regarding the purchase of Southern California Water
Company. Directors Lightfoot and Kelvington would participate in the
workshop, as well as any other Director that would like to attend. It
was determined the workshop be scheduled prior to shool starting in
September. The General Manager referred to a court decision re condemna-
tion of a water company in San Francisco by the PUC, No action taken.
ADJOURNMENT
There being no further business the meeting adjourned at 9:20 p.m.
Bonnie R. Eastwoo , Secretary
Denni nson, President
-8- 8/13/79
F'ARR~LL & F'ARRE:LL
August 13, 1979
Board of Directors
East San Bernardino County
Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, California 92413
Re: Payment under Joint Powers Agreement - Sewer
Gentlemen:
A question has arisen regarding payment to the City of San Bernar-
dino for sewer treatment services under the present existing conditions
relating to the sewer joint powers agreement, and we have been asked to
provide you with an opinion relative to the matter of ascertaining the
amount of payment to the City for such service.
As you are aware, the existing Joint Powers Agreement provides
in part that "Both the City and District will acquire, construct and, except
as herein provided, maintain, repair, manage, operate and control in~
dependently from each other facilities for the collection of sewage."
Further, we must note that E. P.A. requires that each recipient of
waste treatment services will pay its proportionate share of such services
and further that the Administrator shall not approve any grant unless the
sewer treatment charges are proportionate to use.
Under Resolution No. 79-287, the. CitY has established a Regional
Facilities and Treatment Charge for residential at the rate of $3.15per
month and commercial at 0. 18 per HCF.
The present provision for payment by the District to the City is set
at 92% of the City charge and the question arises as to whether, in the lyqy-
ment to the CitY for residential classification, we should pay to them at the
rate of $3.15 per month or at the rate of 92%' of $3.15 per month.
It is to be note~ that the manner and method of payment for such ser-
vices to the City under the joint powers agreement has not yet been amended
although efforts in that regard have been carried on for many years.
In our opinion, pending actual amendment to the existing Section 7
of the 1957 Joint Powers Agreement, we should pay to the City, under the
residential classification, 92% of $3.15 per month, rather than at the rate
Board of Directors
East San Bernardino County
Water District
Page 2
August 13, 1979
of $3.15 per month, since otherwise we might well be considered as making
a gift of public Rinds since the existing agreement provides that we pay only
92% of the City rate.
Considerable uncertainty will prevail, temporarily at least, regard-
ing payment under the commercial classification in view of the fact that a
portion of our commercial users are not receiving water services from us,
but sewer service only. In the interim, and until actual amendment to
Section 7 of the 1957 Joint Powers Agreement we will best continue to use
the method employed for this type of service at this time.
We trust this will afford you the information requested,
Respectfully submitted,
FARRELL g~ FARRELL
Robotrt J. Farmall
RJF:jln