Loading...
HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 12/26/1978 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING DECEMBER 26, 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; Dennis L. Johnson, Vice-President; Directors Norman W. Forrest, 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 GUESTS: Mr. Leo Donahue, Cecil Gossett, Harry R. Gerken, Ken Streater, Jan Cleveland of the Sun Telegram MINUTES Director Forrest requested that the Minutes of December 11, 1978 re- flect the following: (1) Re Deferred Compensation Plan, that it be determined there would be no legal problems with Santa Fe Federal due to our canceling our commitment to them and applying with Morgan & Franz; (2) Re Special Facility Charge, it was the Water Committee that met rather than the Finance Committee. M/S/C (Disch-Stoops) that the Minutes of December 11, 1978 be approved as corrected. DEFERRED COMPENSATION PLAN The Auditor presented the Board with a copy of a Deferred Compensation Plan for their review and approval. The document will be forwarded to the Internal Revenue for approval after it is accepted by the Board. M/S/C (Stoops-Disch) that the plan be postponed for approval until the January 8, 1979 Board Meeting. DEFERRED COMPENSATION COMMITTEE The Auditor requested a Deferred Compensation Committee be appointed to recommend the types of investments that would be offered through the Deferred Compensation Plan. It was recommended that the Finance Committee, Directors Johnson and Wall, two volunteer employees and the Auditor serve on the Committee. The General Manager will ask for volunteers to serve on the Committee. It was pointed out that Attorney Farrell, Ken Patterson, Ken Sorensen, Dennis Johnson and Harold Fortes and a representative of Santa Fe Federal Savings & Loan had met about a year ago regarding the Deferred Compensation Plan. There was a question at that time about proceeding with the plan due to an IRS ruling. M/S/C (Stoops-Disch) that the Deferred Compensation Committee be composed of the Finance Committee, Directors Johnson and Wall, Auditor Sorensen, and two volunteer employees, the selection of the two volunteers to be approved by the Board of Directors. HIGHLAND CANAL The General Manager indicated the Finance Committee, Directors Johnson and Wall, had met with representatives from Bear Valley Mutual Water Company last week. The proposal is that Bear Valley Mutual turn over 2 1/2 miles of Highland Canal running from Boulder to Victoria. The advantages and disadvantages were discussed at some length. One ad- vantage being 2 1/2 miles of unimpaired right-of-ways with prior rights, however, Director Disch indicated after walking the ditch he saw many -1- 12/26/78 problems with maintenance and also the part that passes through Mt. Shadows. After discussing the matter further, it was M/S/C (Forrest-Stoops) that the matter of the Highland Canal be tabled. RESOLUTION 1978.89 - RELEASE OF LIEN, RALPH J. GRILL AND ELVIRA A. GRILLf 26666-72 THIRD STREET, HIGHLAND, CA. was presented to the Board for approval. M/S/C (Stoops-Forrest) that Resolution 1978.89 be approved as presented. ROLL CALL VOTE: AYES: Directors Disch, Forrest, Johnson, Stoops, Wall NOES: None ABSENT: None CITY OF SAN BERNARDINO SPHERE OF INFLUENCE APPROVED BY LAFC, DECEMBER 13, 1978, DR. HANSEN'S PROPERTY, EAST OF CITY CREEK, HIGHLAND HILLS Mr. Donahue, Mr. Gossett, Mr. Gerken and Mr. Streater were present to comment on Director Forrest's actions at the LAFC meeting held December 13, 1978 regarding his endorsement of the City of San Bernardino's sphere of influence including Dr. Hansen's property, east of City Creek. The interested East Highland residents were con- cerned and amazed that Director Forrest voted for the approval of an extension of the City of San Bernardino sphere of influence into the East Highlands area despite the position of the East San Bernardino County Water District. Director Forrest was asked to indicate the reasons why he approved the extension of the City of San Bernardino sphere of influence and the annexation to the City of San Bernardino. Director Forrest indicated "he did not care to make any statement until he had reviewed the minutes of the LAFC meeting, which should be available possibly by the end of the week." Director Forrest further declined to give his reasons for his actions, whereupon, Mr. Johnson stated he felt Director Forrest had let the people in the County down by his actions. Mr. Gossett stated that the matter that bothered the people in attendance at the LAFC meeting was that it was obvious that the Commission had made up its mind before the meeting and that is why they intended to pursue the matter further and proposed to contact all members of the LAFC personally regarding the action taken at the meeting and their reasons for their voting as they did in view of the evidence presented. It was suggested there was a possible conflict of interest when Director Forrest voted as he did, which Director Forrest denied. Mr. Stoops pointed out that the Board of Directors of City Creek Water Co, of which Director Forrest is President, had voted against the annexation of the property to the City of San Bernardino; that the Highland ~u~icipal Advisory Commission had voted against such annexation, as/~e Board of Directors of the East San Bernardino County Water District, as well as approximate- ly 250 people in opposition at the hearing. Director Stoops observed that it appeared obvious that the City of San Bernardino is attempt- ing to gain control of the East Highlands area and eventually the East San Bernardino County Water District. Mr. Johnson indicated that he felt Director Forrest had not defended the position of the East San Bernardino County Water District when it was stated at the meeting that LAFC will analyze~ the East San Bernardino area with the idea of an eventual take over by the City of San Bernardino and that, as a District representative on the LAFC,Director Forrest should have defended the position of special districts and of East San Bernardino County Water District. Director Disch inquired of Director Forrest why he had voted as he did at the meeting of the the LAFC. Director Forrest replied that "because of the fact that an individual wanted to annex to the City. That is my position and has been on LAFC all through my voting there. If an individual landowner indicates a desire to go to the City, I will vote in favor of that and that is my only reason." The inconsistent policies of LAFC were discussed. Reference was made to the 6% utility tax imposed by the City of San Bernardino which the people in the East Highland area do not want and that present- ly there are no services the City of San Bernardino can offer the property owners. Director Stoops pointed out that the District had answered a letter of inquiry from LAFC by advising LAFC in writing that the District is financially and physically capable of serving 12/26/78 -2- the area and also that the District did not want to annex 115 acres at one t~me, but would propose to annex propert~ by phased development, as development occurred. Director Johnson inquired of Director Forrest why he had not voted to postpone the LAFC meeting at 5 p.m., in view of the fact that it had been indicated before the meeting started if it ran beyond 5 p.m. it would be postponed. Director Forrest de- clined to reply. Director Disch request Director Forrest to repeat his reasons for voting as he did. Director Disch stated he would assume that regardless of what all the other conditions might be, that if it is an individual ownership requesting annexation to the City, that Director Forrest would vote to annex. Director Forrest stated "when an individual indicates he wants to annex to a City, I will go along with that individual, what happens after he has annexed is not LAFC's problem, it is not my problem". President Wall pointed out that previously the easterly boundary of the City of San Bernardino's sphere of influence was Boulder Avenue and this change in the sphere of influence and annexation to the City of San Bernardino substantially changes the sphere of influence of the City and it would seem the District should have had some protection on the District's sphere of influence, which appears to have been completely ignored, which he felt was very wrong. Mr. Streater indicated he felt it would be appropriate to ask to have the matter reconsidered by LAFC. He request- ed the Board consider mailing out a questionnaire to determine how the people in East Highland felt about city hood, city services, etc. Director Johnson stated he would bring the matter up at a later time and let Mr. Streater know the feelings of the Board. Director Disch indicated he did not feel that Director Forrest's vote was for the benefit of the people in San Bernardino County and that Director Forrest did not do a good job of representing the people and it was not adequate. Director Johnson presented a proposed resolution of censure of Norman W. Forrest to the Board. He read the proposed resolution to the Board. M/S/C (Johnson-Disch) that the Resolution be adopted as presented to the Board by Director Johnson. Director Forrest abstained from voting. M/S/C (Johnson-Disch) that a cover letter be sent out to the various agencies expaining the action taken by the Board, also a certified copy of the resolution be sent to the various boards and commissions, explaining that Director Forrest no longer speaks for the East San Bernardino County Water District, and it be sent to the Director of the Associaltion of California Water Agencies, Associa- tion of California Water Agencies County Water District Section, President of the Association of San Bernardino County Special Districts, the Local Agency Formation Commission and the City Creek Water Company. Director Forrest abstained from voting. M/S/C (Disch-Stoops) that if in the future Norman W. Forrest shows by his actions and his voting that he is vitally interested in the District and its activities and will support the District very strongly, that this censure will be withdrawn. Mr. Forrest abstained from voting. ACWA LIABILITY INSURANCE-FORMING A JOINT POWERS INSURANCE AUTHORITY Director Disch indicated a meeting is being held January 26, 1979, relative to the ACWA Liability Insurance - Forming a Joint Powers In- surance Authority Symposium. He suggested the Auditor-Treasurer attend the meeting. M/S/C (Forrest-Disch) that Ken Sorensen be authorized to attend the Liability Insurance Symposium. CSDA LABOR RELATIONS SERVICE Information had been received regarding a CSDA Labor Relations Infor- mation Service. Subscription price $84, after January 15, 1979, $120. M/S/C (Disch-Johnson) that the matter be tabled. -3- 0 931 CONFLICT OF INTEREST CODE - DUE JANUARY 31, 1979 The Directors were presented with a conflict of interest code which is due January 31, 1979 and must be filed with the County of San Bernardino. Information only. DISTRICT BONDS - ACCRUED AND TERMINATION DATES The Auditor presented a District bond schedule from the last audit report to the Board as requested by Director Forrest. No action taken. 1979 PRESIDENTS' & BOARD MEMBERS' INSTITUTE, SAN DIEGO, FEBRUARY 9, 10 & 11, 1979 Information had been received relative to the 1979 Presidents' and Board Members' Institute to be held in San Diego, February 9, 10 & 11, 1979. M/S/C (Forrest-Stoops) that the matter be tabled. AUTHORIZATION TO DESTROY AND/OR MICROFILM OBSOLETE DISTRICT RECORDS The Secretary requested authorization to destroy and/or microfilm obsolete District records. A memo was presented to the Board listing the records that would be either destroyed or microfilmed, or both, as well as stating the retention period for all future records. Attorney Farrell was requested to prepare an opinion on the matter. Ken Patterson is also submitting a letter of approval on the matter. Ail records were reviewed by the General Manager, Auditor-Treasurer and Office Manager before a decision was made regarding destruction and microfilming. M/S/C (Johnson-Disch) that the District records be destroyed and/ or microfilmed up to and including 1975, according to the memorandum and recommendation provided to the Board by the Secretary. FAREWELL DINNER, KENNETH WRIGHT, MONTE VISTA COUNTY WATER DISTRICT An invitation had been received relative to Kenneth Wright's farewell dinner being held January 5, 1979. Information only. WARRANTS General 3440-3551 $325,359.01; Payroll 2859-2917 $19,812.96 Total $345,171.97 M/S/C (Johnson - Forrest) that the warrants be approved as submitted. SEWER SERVICE FACILITY TO CARRIAGE HILLS AND SYCAMORE HEIGHTS Director Stoops requested a report be prepared by staff regarding a possibility of sewer service to Carriage Hills and Sycamore Heights, with an estimated cost for providing such services. The General Manager indicated he would review past studies with a cost inflation factor and present them to the Board at the next Board meeting. QUESTIONNAIRE MAILERS TO EAST HIGHLANDS - WATERMAN EAST RE CITYHOOD Director Johnson indicated that MAC is going to meet and possibly re- quest the District to mail out questionnaires to property owners east of Waterman requesting their feelings about Cityhood. He indicated they would possibly also meet with Southern California Water Company representatives and request their addresses in the area. The matter was discussed at some length and will possibly be discussed at a later time. CHRISTMAS CARDS Director Forrest thanked the employees for the Christmas card he had received~ as did the other Board Members. They were most apprecia- tive. SCAG REPORT Director Forrest provided the Board with a page from the SCAG report and requested input, if they desired. He indicated San Bernardino Valley Municipal Water District had taken a position of opposition to 12/26/78 -4- the present draft. It was pointed out the District had previously , in writing, disapproved of the population figures. M/S/C (Stoops-Disch) that a letter be written to SCAG reaffirming our opposition to the study, based upon our previous objections, that the population projections are unrealistic. SOUTHERN CALIFORNIA WATER COMPANY The Southern California Water Committee, Directors Johnson & Disch, will be meeting with the Southern California Water Co. representatives on Wednesday, December 27, 1978 to discuss their request for water and their objections to our serving a proposed mobile home park. Infor- mation only. STATE WATER QUALITY CONTROL BOARD LETTER Director Forrest inquired as to the disposition of a letter sent several weeks ago to the State Water Quality Control Board regarding the City of San Bernardino's grant program. EMPLOYEE RELATIONS RESOLUTION Director Forrest inquired as to the status of the resolution regarding employee relations. The General Manager indicated he had met twice with the field employees and would be meeting with the office employees to discuss the matter further. The employees had indicated they would like to meet with the Board when the matter is discussed. M/S/C (Stoops-Johnson) that the employee representatives be invited to meet with the Board on January 22, 1979 to discuss the employee relations resolution. SPHERE OF INFLUENCE POLICIES Director Forrest provided the Board with a copy of the approved Sphere of Influence Policies for their review. Information only. HIGHLAND HILLS FILE Director Forrest pointed out in reviewing the Highland Hills file that it would have to be annexed to the District in order to be served. Information only. ADJOURNMENT There being no further business, the meeting was adjourned at 5:45 p.m. Bonnie R. Ea~two6d, Secretary O.A. Wall, Pr~sideht -5- 12/26/78