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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 11/26/1979 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING NOVEMBER 26, 1979 MINUTES The meeting was called to order and the flag salute led by President Dennis L. Johnson. ROLL CALL: PRESENT: Dennis L. Johnson, President; Gerald W. Stoops, Vice- President; Directors Philip A. Disch, Harold V. Kelvington, ABSENT: Director Glenn R. Lightfoot CONSULTANTS: Robert J. Farrell, Legal Counsel; John Dahlke, Consulting Engineer STAFF: Harold M. Fortes, General Manager; Edward Jakewczyk, Auditor- Treasurer; Bonnie R. Eastwood, Secretary GUESTS: None MINUTES Minutes of the November 13, 1979 Board Meeting to reflect a no vote by Director Disch re the Employee Recognition Dinner. M/S/C (Kelvington-Disch) that the Minutes of November 13, 1979 be approved as corrected. OATH OF OFFICE ADMINISTERED TO TWO DIRECTORS The Secretary administered the Oath of Office to two directors: Dennis L. Johnson and Gerald W. Stoops. With the members of the Board of Directors officially installed, President Johnson stepped down from his seat of President and turned it over to Director Disch. DENNIS L. JOHNSON ELECTED PRESIDENT Acting-President Disch declared nominations in order for President of the Board of Directors. M/S/C (Stoops-Kelvington) that Dennis L. Johnson be nominated as President. M/S/C (Stoops-Kelvington) that nominations be closed. There being no further nominations, a unanimous ballot was cast for Director Johnson as the elected President of the Board of Directors. President Johnson abstained from voting. GERALD W. ~OOPS ELECTED AS VICE-PRESIDENT President Johnson resumed his seat and declared nominations were in order for Vice-President. M/S/C (Disch-Kelvington) that Gerald Wo Stoops be nominated as Vice-President. M/S/C (Disch-Kelvington) that nominations be closed. There being no further nominations, a unanimous vote was cast for Director Gerald W. Stoops as Vice-President. Director Stoops abstained from voting. APPOINTMENT AS GENERAL MANAGER M/S/C (Stoops-Disch) that Harold M. Fones be re-appointed as General Manager of the District by unanimous vote of the Board. APPOINTMENT OF SECRETARY M/S/C (Stoops- Disch) that Bonnie R. Eastwood be re-appointed as Secretary of the District by unaminous vote of the Board. APPOINTMENT OF AUDITOR TREASURER M/S/C (Kelvington-Disch) that Edward Jakowczyk be re-appointed as Auditor Treasurer of the District by unanimous vote of the Board. TIME AND PLACE FOR HOLDING MEETINGS The President declared time and place for holding regular meetihgs was open for discussion. M/S/C (Disch-Stoops) that the meetings be held on the 2nd and 4th Mondays of each month at 7:00 p.m. at the District Office, 1155 Del w Rosa Avenue, San Bernardino, California. CALLING SPECIAL BOARD MEETINGS The President stated the method of calling special meetings should be determined. It was stated Section 54596 of the Government Code specific- ally outlines the manner of calling and conducting special meetings. M/S/C (Disch-Stoops) that the Board follow the Government Code Section 54596 provision in calling special meetings. CONTINUED SERVICES OF CONSULTANTS M/S/C (Stoops-Disch) that the services of consultants, Robert J. Farrell of the law firm of Farrell & Farrell and John Dahlke from the firm of CM Engineering Associates be continued. NEWS RELEASE Director Stoops indicated he would prepare a press release for the newspaper re the election of directors and officers. REFINANCING OF PLANT 108 The Auditor indicated that the banks which had responded to his com- w munications relative to notes for financing Plant 108 were not inter- ested at this time due to the high interest rates. It was suggested an attempt be made to change legislation that restricts an interest -2- 11/26/79 to 8% on note financing. M/S/C (Stoops-Disch) that the matter be referred to the Finance Committee for further consideration. JT. POWERS AGREEMENT AMENDMENT Attorney Farrell provided the Board with a rough draft of the Joint Powers Agreement amendment which included suggested changes. He also had drafted a letter of intent for their consideration. He suggested an additional amendment relative to eliminating arbitration proceedings. The General Manager recommended the drafts be reviewed by the Joint Powers Committee, which will meet on Friday, November 30, 1979 at 1:30 p.m. at the Mediterranean. It was determined O.A. Wall would be invited to the meeting also. It was also determined if the Joint Powers Committee accepted the drafts, they would be submitted to the City Water Commission for their review and comments, with a report being made at the December 10th Board Meeting. If any of the Directors have suggestions regarding the drafts, they should contact either a member of the Joint Powers Committee or the General Manager. CAPITAL IMPROVEMENTS The General Manager indicated that in view of the present cost of electricity and the recent request to the PUC by Southern California Edison for an increase in rates of 55%, within the next twelve months, every effort should be made to proceed with the wells in the east end. He also presented the Board with a copy of the proposal from Montgom- ery Engineering relative to the appraisal and acquisition of Southern California Water Company. He stated it should be thoroughly reviewed by Attorney Farrell who would be certain the wording very clearly states the cost of the project and the work that will be accomplished by Montgomery Engineering. M/S/C (Kelvington-Stoops) that the proposal submitted by Montgomery Engineering be reviewed by the Southern California Water Company committee. The General Manager indicated that the capital improvement program will have to be reworked in view of the difficulties encountered in obtaining funding for Plant 108 at this time. FINANCIAL REPORTS The Auditor stated financial reports will be made available to the Board of Directors at the next meeting. COMMITTEE ASSIGNMENTS President Johnson indicated he would be contacting each Board Member relative to committee assignments before the next Board Meeting. Assignments will be made at the next meeting. ORDINANCE FOR COMMERCIAL SEWER FEES A draft ordinance had been prepared for the commercial sewer fees, how- ever Attorney Farrell indicated it needed further work. It will be presented at a later time. -3- 11/26/79 PROPOSED CITY SEWER CONNECTION FEE The Auditor had prepared a report relative to the City's proposal to collect $300 for each new District customer. He estimated by the year 2000 the District would have paid approximately $3 million to the City for such sewer connection fees. The Auditor was re- w quested to recalculate the connection fees based upon graduated fees. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR RESERVOIR 108 CONSTRUCTION M/S/C (Stoops-Disch) that staff be authorized to call for bids for construction of Reservoir 108 on December 10, 1979. WARRANTS General 4970-5054 $645,171.75 Payroll 3663-3696 $12,978.10 Total $658,149.85 M/S/C (Disch-Kelvington) that the warrants be approved as presented. WIN-COD PROGRAM - RESOLUTION 1979.91 The Auditor indicated he had understood the directions from the Board to pursue the WIN-COD program with caution regarding the method of discharging and paper work by administrative staff. He stated the paper work would be minimal and the individuals hired through the program could be discharged, if necessary, in the same manner as a regular employee. The General Manager stated the three individuals on the program have been performing in a very satisfactory manner. ,~ The resolution authorizing negotiations between the District and the State of California was read to the Board by the General Manager. M/S/C (Stoops-Kelvington) that Resolution 1979.91 be approved as presented. ROLL CALL VOTE AYES: Directors Disch, Kelvington, Stoops, Johnson NOES: None ABSENT: Director Lightfoot DECEMBER 26TH BOARD MEETING A discussion ensued regarding the December 26th Board Meeting. It was suggested the meeting of December 10, 1979 be adjourned to December 21, 1979, at 3:30 p.m. No action taken. WELL SITE FOR PLANT 108 The General Manager indicated the San Bernardino Valley Water Conser- vation District had prepared a letter of intent relative to their leasing a site to the District for construction and operation of a water well for the use of the District. The intent of the letter is to confirm the fact that a lease will be executed between the Valley District and the East San Bernardino County Water District when the location w of the proposed site and necessary easements are determined and finalized. The terms were outlined in detail. The General Manager recommended accepting the letter of intent as proposed by the Valley 11/26/79 -4- District, in that it is impossible to sign a lease until the well site has been selected. The intent of the letter is to provide an indication of the intention of both Districts to enter into a lease to effectuate the purpose as expressed. M/S/C (Disch-Stoops) that the Board accept the letter of intent as submitted by the San Bernardino Valley Water Conservation District. NORTH FORK SHARES - MR. LEE The General Manager indicated that Mr. Lee had offered to sell four shares of North Fork stock to the District, which the District started to buy for $175 per share. It was learned that after the offer had been accepted the shares had been declared delinquent and the District had foreclosed and bought the shares 17 months ago for the cost of the delinquent assessment. Apparently the stock certificate had been involved in a trust account and the assessments had not been paid for two years. After discussing the matter with the Board and Attorney Farrell, it was determined Mr. Lee would be asked to appear before the Board and discuss the matter with him. It was stated unless there are unusual extenuating circumstances the stock will remain the property of the District. SEWERS IN SUNNYSIDE AREA The matter of sewer installation in the Sunnyside area will be discussed by the Finance Committee. No action taken. RAILROAD LICENSE AGREEMENT RE SEWER MAIN INSTALLATION FROM WEBSTER STREET TO SOUTHWESTERLY CORNER OF TRACT 10274 John Dahlke presented the Board with a License Agreement from the Atchison, Topeka and Santa Fe Railroad covering the proposed install- ation of an 18 inch sewer main near East Highlands, from Webster Street to the southwesterly corner of Tract 10274. He requested authorization for the pipeline License Agreement to be properly executed. M/S/C (Disch-Kelvington) that the General Manager, Harold M. Fones, be authorized to execute the License Agreement as presented by the Santa Fe Railway Company MAINTENANCE PROGRAM FOR RESERVOIRS Director Kelvington inquired about the maintenance of reservoirs. The General Manager stated the reservoirs are on a regular maintenance program for cleaning and refurbishing. Reservoirs 34 and 39 are scheduled for maintenance this year. ANNEXATION PROGRAM President Johnson indicated he would contact South San Bernardino County Water District and West San Bernardino County Water District and attempt to set up a meeting re LAFC annexations. NORTH FORK WATER - SANTA ANA MILL CREEK WATER EXCHANGE PROGRAM The General Manager informed the Board that the San Bernardino Valley Municipal Water District had informed the Exchange Committee they will -S- 11/26/79 be using water from the Santa Aha for generating power. He also indicated that the Valley District is planning on taking Santa Ana Mill Creek Cooperative water from the Santa Ana Canyon and running it through the power plant at Santa Ana Low and turning it out on the spreading grounds for conservation of energy. There may be a problem since as major owners of North Fork stock the water they will be taking is North Fork water under the terms of the prior rights agreement. They are possibly correct in assuming this is exchange water, however, there are several aspects that could be a concern; namely, in the winter months North Fork gets one-fourth of the winter flow as a prior right. It appears the District should be careful in protecting these rights. It seems the Valley District could have appraised the Exchange Committee of their intentions before completing all the arrangements. The matter was further discussed by the Board. Attorney Farrell cautioned the Board to make every effort to preserve their North Fork water rights. The water is used by the District for spreading purposes at Plant 39. GENERAL MANAGER REQUESTED TO SERVE AS DIRECTOR ON BEAR VALLEY BOARD The General Manager indicated he had been asked by Horace Hinckley if he would serve as a Director on the Bear Valley Mutual Water Company Board. M/S/C (Disch-Kelvington) that the General Manager, Harold M. Fones, be authorized to serve on the Bear Valley Mutual Water Co. Board. ADJOURNMENT There being no further business the meeting was adjourned at 8:45 p.m. Bonnie R. Eastwood Secretary