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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 11/27/1978 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING NOVEMBER 27, 1978 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; Norman W. Forrest, Philip A. Disch, Gerald W. Stoops ABSENT: Dennis Johnson 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 GUESTS: Christine Hernandez and guest; Jack Taylor, representatives of the San Manuel Indians MINUTES Director Forrest stated he had inquired about the possibility of receiv- ing copies of the City Water Commission Meeting minutes and had asked why copies had not either been forwarded or placed in the Board Room for review by the Directors due to the importance of the City Water Com- mission Meetings. The following motion was also omitted: M/S/C (Forrest- Stoops) that when Ken Sorensen attends the City Water Commission Meet- ings, he will report on anything pertaining to the District to the Board and make the Commission minutes available to the Board at Board Meetings. M/S (Forrest-Stoops) that effective today, all meetings between the Joint Powers Negotiating Committee and City of San Bernardino, no matter who it is, any official, be reduced in writing and submitted to this Board for review indicating where the meetings are held, who is attend- ing, topics discussed, with full breakdown of all matters discussed. ROLL CALL VOTE: AYES: Directors Forrest, Stoops NOES: Directors Disch, Johnson, Wall Motion did not carry. The above information was taken from the tape of the November 11, 1978 Board Meeting. M/S/C (Stoops-Disch) that the Minutes of November 11, 1978 be approved as corrected. President Wall stated he felt the Board Minutes should reflect all actions taken, however, discussions kept to a minimum. CSDA CONFERENCE REPORT The General Manager reported on various items discussed at the CSDA Con- ference held in Monterey on November 17-19, 1978. DIRECTOR FORREST LEFT THE MEETING AT 4:07 P.M. President Wall reviewed discussions held at the CSDA Conference, in particular AB 2223 and other pertinent matters. DIRECTOR FORREST RETURNED TO THE MEETING AT 4:10 P.M. CSDA SECRETARIAT SEMINAR The Secretary reported on the CSDA Secretariat Seminar which she attended November 17, 1978 in Monterey. She also provided the Directors with copies of the Brown Act and information re the 1979 Presidents' and Board Members' Institute to be held in San Diego on February 9, 10 & 11, 1979. Information Only. -1- DEFERRED COMPENSATION REPORT President Wall provided information to the staff re Hartford's Deferred Compensation Plan. The Auditor was requested to investigate and compare this plan with one provided by Santa Fe Federal Savings & Loan and then make a report to the Board. President Wall indicated he would like to see a plan selected and made available to the District. RESOLUTION 1978.77 - FINAL ANNEXATION 1978-8, CHARLES & FR3~NCES J. PAUL, 7210 CONEJO, SAN BERNARDINO was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1978.77 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.78 - FINAL ANNEXATION 1978-11, BUD & MELBA DAVIS, RUSSELL L. IRVIN, PORTION OF LOT 6, BLOCK 9, WEST HIGHLAND was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1978.78 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.79 - FINAL ANNEXATION 1978-12 - H & S DEVELOPMENT & VANGUARD BUILDERS, TRACTS 9579 & 10042, NW CORNER CENTRAL & PACIFIC was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1978.79 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.80 - FINAL ANNEXATION 1978-13 - DELORIS E & GLENN MILLS, 7137-39 CONEJO, SAN BERNARDINO was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1978.80 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.81 - FINAL ANNEXATION 1978-14 - FREDERICK & RITA EDMONDS, 7226 PERRIS HILL ROAD, SAN BERNARDINO was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1978.81 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.82, FINAL ANNEXATION 1978-15, MARVIN & PEGGY PEEK, 27200 MEINES, HIGHLAND was presented to the Board for approval. ~.~ M/S/C (Stoops-Forrest) that Resolution 1978.82 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.83 RELEASE OF LIEN FOR WATER MAIN EXTENSION,. HERALD & SHAREL KELVINGTON, 5696 ARDEN AVENUE, HIGHLAND was presented to the Board for acceptance. --2-- 11/27/78 M/S/C (Disch-Forrest) that Resolution 1978.82 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.84 - NOTICE OF COMPLETION, JMK CONSTRUCTION CO., INC. TRACT 10060, ORANGE STREET, N/HIGHLAND AVENUE, HIGHLAND was presented to the Board for approval. M/S/C (Disch-Stoops) that Resolution 1978.84 be approved as presented. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson RESOLUTION 1978.85 - NOTICE OF COMPLETION, JMK CONSTRUCTION CO., INC. TRACT 9610, VICTORIA AVENUE, BETWEEN DATE & LYNWOOD, SAN BERNARDINO was presented to the Board for approval. M/S/C (Disch-Stoops) that Resolution 1978.85 be adopted as presented. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Stoops, Wall NOES: None ABSENT: Director Johnson CLAIM FOR REFUND OF SEWER SERVICE CHARGES- LAVERNE SMITH, 26132 NINTH STREET, SAN BERNARDINO The General Manager stated Laverne Smith had requested a refund for sewer service charges made to her for 20 months, due to her being charged on a building that had been demolished on April 20, 1976, which the District was unaware of at this time. They had continued to pay for water service and did not realize they were also paying for sewer service, which they were not utilizing. After a general discussion, it was M/S/C (Disch-Stoops) that the District refund to Laverne Smith the sewer service charges made from the time the building was demolished. WORKSHOP SESSION WITH CITY OF SAN BERNARDINO WATER COMMISSION It was determined the Board will hold a Workshop Session with the City Water Commission Board on November 30, 1978 at 7:30 p.m. in the District Board Room, Board Members and Water Commissioners only in attendance, no staff or consultants. An agenda will be provided. A discussion ensued regarding the items to be included on the agenda. M/S/C (Stoops-Forrest) that an agenda be prepared for the Workshop indicating the following items: (1) Joint Powers Agreement; (2) Public Safety Authority; (3) Sphere of Influence; (4 Public Law 92-500; (5) Any other pertinent items that might arise. During the discussion and review of the following matter, DIRECTOR JOHNSON entered the Meeting at 4:45 p.m. INDIAN HEALTH SERVICE AGREEMENT The General Manager presented the Board and Attorney Farrell with a draft Memorandum of Agreement between the District and San Manuel Band of Mission Indians. The General Manager recommended the agree- ment be referred to Attorney Farrell and a Committee, appointed by the President, to review and bring a report back at the December 11, 1978 Board Meeting. He indicated the costs are being prepared so they can be included in the Agreement. Mr. Jack Taylor, representing the Indian Service, was present and indicated they are anxious to proceed with the Agreement so construction can start. Mr. Taylor will meet with the Finance Committee to discuss the Memorandum of Agreement. M/S/C (Stoops-Disch) that the Agreement with the San Manuel Indians be turned over to the Finance Committee with a recommendation to be brought back to the December 11, 1978 Board ~eeting. -3- 11/27/78 CORRESPONDENCE FROM LAFC RE PROPOSAL SUBMITTED BY CITY OF SAN BERNAR- DINO TO ENLARGE THEIR SPHERE OF INFLUENCE TO INCLUDE TERRITORY LOCATED EAST OF CITY CREEK ROAD, N/HIGHLAND AVENUE, EAST OF CITY The General Manager indicated a letter had been received from the LAFC in relation to a hearing scheduled for December 13, 1978, at 2:00 p.m. relative to a proposal submitted by the City of San Bernardino to enlarge the sphere of influence of the City to include the area located east of City Creek Road and north of Highland Avenue, east of the City. The Board concurred it would annex only as property is developed, how- ever, water and sewer service would be provided in any event, as agreed upon in the Joint Powers Agreement with the City. M/S/C (Stoops-Johnson) that the Board does oppose the extension of the sphere of influence of the City of San Bernardino east of Boulder, we would however provide sewer and water service to prop- erty as it is developed, according to the Joint Powers Agreement with the City of San Bernardino; that the letter would include that the District is able physically and financially to serve the area under past practices; that staff prepare a draft letter to be approved at the December 11, 1978 Board Meeting, which will then be sent to the LAFC. Director Forrest abstained from voting. SAN JOAQUIN FARM BUREAU FEDERATION LETTER The General Manager presented a letter from the San Joaquin Farm Bureau Federation re the New Melones Dam for their information. DEPARTMENT OF AGRICULTURE FOREST SERVICE A request had been made by the Department of Agriculture Forest Ser- vice, to repair storm damage on the Little SandCanyon Road. M/S/C (Stoops-Disch) that the Department of Agriculture Forest Service be authorized to repair storm damage in Little Sand Canyon. CITY CREEK WATER COMPANY BOARD MEETING Information was made available to the Directors relative to the City Creek Water Company Board Meeting held November 17, 1978. Information Only. RESOLUTION 1978.86 - ACCEPTING AGREE~ENT AND AUTHORIZING EXECUTION OF DEFERENCE AGREEMENT WITH JACK C. EASTWOOD AND BONNIE R. EASTWOOD, WEAVER STREET, HIGHLAND was presented to the Board for acceptance. M/S/C (Disch-Johnson) that Resolution 1978.86 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None RESOLUTION 1978.87 - ACCEPTING AGREEMENT AND AUTHORIZING EXECUTION OF DEFERENCE AGREEMENT WITH ANGELO M. CARPENTIERO AND DONNA M. CARPENTIERO, WEAVER STREET, HIGHLAND was presented to the Board for acceptance. M/S/C (Stoops-Johnson) that Resolution 1978.87 be approved. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None HIGHLAND CANAL RIGHT-OF-WAY PROPOSAL FROM BEAR VALLEY MUTUAL WATER CO. The General Manager stated the Bear Valley Mutual Water Company has offered the Highland Canal to the East San Bernardino County Water District in order to avoid paying further taxes on the property and ongoing maintenance for only six customers. Acquiring the canal would create a clear right-of-way for over two miles with low cost construc- tion potential for future water transmission mains. It was recommended --4-- 11/27/78 by the General Manager that the matter be referred to a committee for recommendation of further action. M/S/C (Johnson-Stoops) that the matter be referred to the Water Com- mittee with a report to be made at the December 11, 1978 Board Meeting. SEWER USER CHARGE - PUBLIC LAW 92-500 The General Manager presented the Board with a copy of the Clean Water Grant Bulletin No. 68A, Final Regulations Resulting from the Clean Water Act of 1977, User Charge and Industrial Cost Recovery Require- ments. The bulletin suggested the Regional Administrator will approve or disapprove of user charge systems based upon the criteria as set forth in the Federal Register. No action taken, information only. WARRANTS General 3303-3438 $1,116,735.40; Payroll 2860-2888 $9,712.27 Total $1,126,447.67 M/S/C (Disch-Stoops) that the warrants be approved as presented. JOINT POWERS AGREEMENT DISCUSSION WITH CITY COUNCIL MEMEBERS The General Manager, President Wall and Director Johnson comn%ented on a meeting held with three members of the City Council; Councilman Hudson, Councilman Katona, and Councilman Castaneda. Ed Wells from Bartle Wells and Kenneth Patterson were also in attendance. The meeting was held November 21, 1978, regarding the Joint Powers Agree- ment and the Public Safety Authority Audit. The Board discussed the various points brought up as well as the SCAG report. The General Manager was directed to make written comments on the agreement, as well as the SCAG report and make them available to the Board before November 30, 1978. CUSTOMERS COMMENTS TO DIRECTORS Director Disch indicated, he had been approached by a District con- stituent regarding the $10 deposit fee. The gentlemen felt it should be refunded in six months. Director Johnson stated he had received comments indicating some customers were not happy with the sentence structure on the new bills. Information only. MINUTES OF BOARD MEETING DEADLINE Mr. Stoops indicated the Sun Telegram was not receiving the agenda in time to put an article in the newspaper. The Board determined the agenda would be prepared and hand delivered to Nevin Miller by Thursday noon preceeding each Board Meeting, the Minutes are to be prepared and finished for mailing by Thursday also, with a copy hand delivered to the Sun Telegram. STAFF CAR Director Forrest questioned whether the staff car should be taken homeby the Auditor, or remain at the District Office. After some dis- cussion, it was M/S (Forrest-Disch) that the staff car remain at the District Office so it will be available in case of an emergency. ROLL CALL VOTE: AYES: Directors Disch, Forrest NOES: Directors Johnson, Stoops, Wall ABSENT: None The motion did not carry. ACWA INSURANCE QUESTIONNAIRE RE JOINT ~IABILITY RISK MANAGEMENT Director Forrest indicated he had investigated the reason the District had not been included on the ACWA contribution list for the Joint Liability Risk Management. He reported the District was listed, however, the questionnaire had not been completed and returned to ACWA as requested. 11/27/78 ASSOCIATION OF CALIFORNIA WATER AGENCIES - RESOLUTION 78-4 - RESOLU- tION ON THE GOVERNOR'S COMMISSION ON GOVERNMENT REFORM was presented to the Board by Director Forrest for their review and information. Due to the importance of the matter relative to long term solutions of Proposition 13, which are being considered by the Governor's Com- mission, it will be considered again by ACWA the middle of January. M/S/C (Forrest-Disch) that the Resolution be referred to Denslow Green for perusal and input; that his comments be brought back to the Board by December 26th, since the Resolution is being considered the middle of January by ACWA; that Attorney Farrell's opinion also be requested on the matter. ANNEXATION MAP OF THE DISTRICT Director Forrest inquired about an up-dated annexation map and asked when it would be available. After discussing District annexations, it was M/S/C (Forrest-Disch) that staff submit to the Board an updated annexation map with information which would include all of the City's overlapping into the District from May 1975 to November 1, 1978. SEWER CONNECTIONS Director Stoops indicated there has been a question as to the correct number of sewer connections to the District being reported and re- quested the Auditor to make a report on the actual number of District sewer connections. SEWER FLOW METERS A short discussion ensued regarding various places a sewer flow meter could be placed in the District. No action taken. ADJOURNMENT M/S/C (Stoops-Johnson) there being no further business the meeting be adjourned at 6:35 p.m. Bonnie R. Eastwood, Secretary O.A. Wall, President -6- 11/27/78