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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 09/27/1976 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR BOARD MEETING SEPTEMBER 27, 1976 MINUTES The meeting was called to order at 7:00 p.m. President Philip A. Disch led the flag salute. ROLL CALL: PRESENT: Philip A. Disch, President; Directors Gerald W. Stoops, Norman W. Forrest, Dennis L. Johnson, O.A. Wall ABSENT: None STAFF PRESENT: Harold M. Fones, General Manager; Kenneth O. Sorensen, Auditor-Treasurer; Bonnie R. Eastwood, Secretary PROFESSIONAL STAFF: Robert J. Farrell, Legal Counsel, Dick Rieker, Consulting Engineer GUESTS: Warner Hodgdon MINUTES M/S/C (Stoops - Johnson) that the Minutes of September 13, 1976, be approved as submitted. REPORT ON NEGOTIATIONS WITH WARNER HODGDON RE DEL ROSA MUTUAL WATER COMPANY SALE The General Manager stated a meeting had been held with Directors Forrest and Johnson, Warner Hodgdon and himself regarding the water rights of East Twin Creek. At this meeting surface diversions were discussed, as well as the aspects of trading water for water. Mr. Hodgdon is interested in buying the District's Del Rosa Mutual Water Co. stock, as well as obtaining the Carpenter rights. Mr. Hodgdon offered the District 182 shares of North Fork Water Stock, 653 shares of Bear Valley Stock and $41,974.35 to make up the difference in a trade for DelRosa Mutual Water Stock. He would also disclaim any rights to the Del Rosa Mutual Water Company bank account in an amount of approximately $5,000. The General Manager indicated he was recom- mending acceptance of the offer subject to the following considerations: 1) legal counsel checking on the water rights; 2) having Del Rosa Mutual continue using their water rights so they will not expire; 3) having the water spread in the past on the cone credited to East San Bernardino County Water District; and 4) the District possibly keep- ing some shares in the Del Rosa Mutual Water Co., thus enabling them to keep pumping out such water rights. He recont~ended also a letter be written to Attorney Denslow Green requesting that he check out these various points, particularly the stored water rights of the District. A Del Rosa Mutual Water Company annual meeting is scheduled for October 1, 1976 at 2:00 p.m. It was suggested that the possible sale of District shares to Warner Hodgdon be mentioned at the Board Meeting, stating that the District would therefore be relinquishing their surface water rights, any future water rights, however, with the possibility of retaining the interest in stored water rights that have accrued over the past years. After further discussion, it was :-- M/S/C (Stoops - Wall) that the considerations and questions posed by the General Manager be directed to Attorney Denslow Green for an opinion, if Attorney Green felt the sale would be beneficial then the staff, Attorneys Green and Farrell would prepare an agreement provid- ing for the sale or transfer of Del Rosa Mutual Water Co. to Warner Hodgdon, with the agreement being presented to the Board, if possible, at the October 12th Board Meeting. -1- 9/27/76 JOINT POWERS ~NDMENT AGREEmeNT A meeting was held September 27, 1976, at the District Office with Attorneys Robert Farrell and Ed Taylor, Herb Wessell, Director Wall and the General Manager in attendance regarding the Amendment to the Joint Powers Agreement. Terminology and suggested additions to the draft agreement were discussed and seeme~ agreeable to those present. Attorney Farrell will incorporate the ideas presented at the meeting into another draft agreement which will be given to Attorney Taylor. Attorney Taylor will transmit the draft agreement to the Mayor and one councilman for their review, after which it will be presented to the City Council. Information only, no action taken. EXPENSES INCURRED RE JOINT POWERS AGREEmeNT A~NDMENT A report was submitted to the Board re the expenses incurred by the District since discussions were started on the amendment to the Joint Powers Agreement. The cost to date being $635.00, with some expendi- tures still outstanding. Information only, no action taken. REPORT ON PERCENTAGE OF DISTRICT WITHIN CITY BOUNDARY A report was presented as requested by the Board re the percentag~ of the District within the City's Boundary. The report indicated there is presently 37.60% of the District within the City's boundary. The General Manager indicated the LAFC is having a meeting regarding land use on October 13, 1976 at 2:00 p.m., however, this will have no bearing on the City changing their sphere of influence. Informa- tion only, no action taken. REQUEST FOR WATER SERVICE BY HUBBS EQUIPmeNT SERVICE The General ~anager indicated the water servi~ce request by Hubbs Equipment Service will have to be postponed until an agreement has been reached with North Fork Water CO. regarding their twelve inch water line. The General Manager and attorney are going to prepare a draft agreement for presentation to both Boards regarding th~line. Information only. REPORT ON DIRECTORS'S EXPENDITURES AT CONVENTIONS AND CONFERENCES Director Wall indicated the Finance Committee had met and discussed guidelines for directors and staff expenditures at conferences and meetings. They presented the following suggestions: 1) that any staff member or director retain receipts for expenditures, including meals, entertainment, refreshments, etc. That if guests are included they be identified on the receipt. The only exceptions being taxi cabs, tips, etc. when a receipt is not available; 2) if a spouse accompanies a staff member or director, that the difference in the cost of a single or double room be paid by the staff member or director. Any expenses such as meals, entertainment, etc. expended for the spouse be paid by staff member or director; 3) any personal expenses such as telephone calls, etc. be paid by staff member or director; and 4) any miscellaneous expenses over $15.00, not covered by receipts, be referred to the Finance Com/nittee for their review. After discussion, it was requested that before the October 12 Board Meeting a written report on the suggested guidelines for expenditures be submitted to Directors for their review. After approval an amended ordinance could be prepared incorporating the approved expenditures. M/S/C (Stoops - Wall) that the Finance Committee prepare a written report on the guidelines for expenditures whioh they recommend for staff and directors at approved conferences and meetings. This infor- mation to be mailed with agenda. TRANSFER OF DISTRICT FUNDS TO SAVINGS AND LOAN ACCOUNT There was a lengthy discussion on transfer of District monies to a savings and loan account, investment of CD accounts, etc., it was -2- 9/27/76 M/S/C (Johnson - Wall) that the Board authorize the Auditor Treasurer to determine whether investments are covered by 110% collateralization, of so to invest over $100,000 in a savings and loan account for a period of 90 days or less. RESOLUTION 1976.48 - AUTHORIZATION FOR SAVINGS ACCOUNT AT B~K OF CALIFORNIA A request was made by the Auditor regarding having monies picked up by Brinks put into a savings account at the Bank of California rather than the District's checking account, thereby earning inter- est until the monies are disbursed. After discussion, it was M/S/C (Stoops - Johnson) that Resolution 1976.48 be approved authorizing the Auditor Treasurer to open a savings account at the Bank of California; however, to also investigate the possibility of transferring the District checking and savings account to a bank facility within the District's boundary. The Finance Committee will report on this at the October 12th Board Meeting. DEFERRED COMPENSATION PLAN The Finance Cor~nittee met and discussed various deferred compensa- tio~ plans, including a savings and loan plan and a life insurance plan. Their conclusion was that the plan offered by Glendale Savings and Loan was the best one available. The basic difference being that with Glendale Savings and Loan the District would appoint their own administrator, thereby saving a 6% charge for each employee. Otherwise the Company appoints an administrator. The plan offered by Glendale Savings & Loan is a straight savings and loan plan. The funds contributed by the employee can only be withdrawn upon retire- ment, termination, hardship or death. The District administrator would determine whether a stated hardship would qualify for with- drawal of funds. There is no penalty for withdrawal of funds, how- ever, taxes would have to be paid at the time of termination of the plan. A change in the amount contributed could only be done once each year, that being in November. If an employee terminated from his job, he could either withdraw his funds or leave them in his account to continue drawing interest. Sample schedules of income and interest over a period of years were given to Directors for comparison purposes. The deferred compensation plan is not compul- sory, it is entirely up to each individual employee whether or not he elects to become a part of it. The plan will be explained in de- tail, along with brochures, to each employee so he might fully under- stand all the ramifications of depositing his money in this plan. It was requested that banking facilities within the District be check- ed to determine if they offer a comparable plan. After considerable discussion, it was M/S/C (Stoops - Wall) that authorization be given for Glendale Savings & Loan Association to provide a deferred compensation plan to District employees and Directors, unless a financial facility with- in the District can provide the same service. Roll Call Vote: Ayes: Directors Disch, Johnson, Stoops, Wall Noes: Director Forrest Absent: None Director Forrest indicated he had voted against the motion because he felt the employees should be aware of the program prior to the Directors adopting it. RESOLUTION 1976.44 ACCEPTING CONVEYANCE OF PIPELINE EASEMENT - ALFRED F. LUSTBADER, HIGHLAND & PALM AVENUES The General Manager presented Resolution 1976.44, Accepting Conveyance of Pipeline Easement at the corner of Highland and Palm Avenues from Alfred F. Lustbader, for an easement to facilitate additional services within the Starer Brothers Market complex. -3- 9/27/76 M/S/C (Wall - Stoops) that the Board accept Resolution 1976.44 as presented. RESOLUTION 1976.45 - FINAL ANNEXATION 1976-2, Seine, Clifton, Rhone Court and LaPraix Streets, Hi~halnd Resolution 1976.45 Final Annexation 1976-2, Seine, Clifton, Rhone Court and LaPraix Streets was presented for approval. 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. M/S/C (Stoops - Wall) that Resolution 1976.45 be adopted as presented. RESOLUTION 1976.46 - FINAL DETACHMENT 1976-3, 25th St. Cone3o Drive, Garden Drive and Pumalo Street, San Bernardino Resolution 1976.46, Detachment 1976-3, 25th Street, Conejo Drive, Garden Drive and Pumalo Street, San Bernardino was presented for approval. A RESOLUTION OF THE BOARD OF DIP~ECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT MAKING DETERMINATIONS, ORDERING DETACHmeNT OF TERRITORY, ESTABLISHING TERMS AND CONDITIONS OF DETACHMENT AND DESCRIBING EXTERIOR BOUNDARIES OF TERRITORY DETACHED. M/S/C (Stoops - Wall) that Resolution 1976.46 be adopted as presented. RESOLUTION 1976.47 - FINAL ANNEXATION 1976-5, Lot 4 & Por. Lot 5, Block 12, West Highlands, Citrus to Date Streets w/o Victoria Ave. San Bernardino, Ca. 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. M/S/C (Stoops - Wall) that Resolution 1976.47 be adopted as presented. SUBMISSION OF CONFLICT OF INTEREST - DEADLINE DATE The General Manager indicated a memo had been received from the County of San Bernardino stating the deadline date for submission of the Con- flict of Interest had been changed to December 1, 1976. Information only, no action taken. LAFC HEARING i{E RULES AND REGULATIONS FOR SPECIAL DISTRICTS REPRESENTA- TION The General Manager indicated notice had been received that a public hearing would be held Tuesday, October 5, 1976, at the Board of Supervisor's Chambers at 10:00 a.m. for the Independent Special Dis- trict Representation and Consideration of the Rules and Regulations Affecting Special Districts. Information only, no action taken. DEL ROSA MUTUAL WATER COMPANY ANNUAL MEETING - APPOINTMENT OF REPRE- SENTATIVE TO VOTE DISTRICT STOCK The General Manager stated Del Rosa Mutual Water Company would be holding their annual meeting October 1, 1976, at 2:00 p.m. There is a vacancy on the Board at this time. After discussion, it was -4- 9/27/76 M/S/C (Johnson - Stoops) that Harold M. Fones be nominated to the position of Director on the Del Rosa Mutual Water Company Board at the annual meeting on October 1, 1976. M/S/C (Stoops - Johnson) that Norman Forrest be authorized to vote the District shares at the October 1, 1976 Del Rosa Mutual Water Co. Board Meeting. Alternates would be O.A. Wall and Harold Fones. SALARY STEP INCREASES The General Manager indicated two employees were eligible for tkeir one year step increases: Don Flagg from 3lB to 31C, $4.89/hr - $851/mo¥ effective 9/13/76 Roy Patterson 29C to 29D, $4.66/hr, $811/mo, effective 10/25/76. M/S/C (Forrest - Wall) that the one year step increases for Don Flagg and Roy Patterson be approved as presented. PROFIT & LOSS STATEMENT The Auditor-Treasurer presented a profit and loss statement for July for the Board's review. A graph indicating power costs for the past five years was requested. A water consumption graph on an annual basis, as well as a sewer connection graph indicating projections relating to bonds at the end of the fiscal year, with an up-date each six months were also requested. No action taken. ORDINANCE 306 - SEWER SERVICE CHARGES The General Manager presented Ordinance 306: AN ORDINANCE AMENDING ORDINANCE NO. 62, ARTICLE VIII, SEWER SERVICE CHARGE AND ORDINANCE NO. 100, SECTION 72, MONTHLY SEWER CHARGES AND REPEALING ORDINANCES NOS. 156, 282, 291 AND 304 INSOFAR AS THEY CONFLICT HEREWITH. After discussion regarding a minor change in the Ordinance, it was M/S/C (Stoops - Wall) that Ordinance No. 306 be approved as sub- mitted. ORDINANCE 307 - SEWER SERVICE CHARGES The General Manager presented Ordinance 307: AN ORDINANCE AMENDING ORDINANCE NO. 62, ARTICLE VIII, SEWER SERVICE CHARGE AND ORDINANCE NO. 291, SECTION 72, MONTHLY SEWER CHARGES, ADDING THERETO SUBSECTION(S) AND REPEALING ORDINANCES NO. 100, 291 and 305 INSOFAR AS THEY CONFLICT. After discussion regarding Ordinance 307 which had been~changed to reflect accurate charges, it was M/S/C (Stoops - Wall) that Ordinance No. 307 be approved as sub- mitted. AUTHORIZATION FOR ENGINEERING PLANS FOR TRACTS 9058 & 9059-STUBBLEFIELD The General Manager indicated that financial arrangements have been completed and a request by Mr. Stubblefield for water service to Tract 9058 received. He stated a report prepared by Joseph Rowe indicated a 500,000 gallon tank would have to be installed to pro- vide water service to the tract. There was a discussion on the dif- ference in costs between a one million and 500,000 gallon tank, as 9/27/76 -5- well as various methods of providing water to the tract. It was stated the requested date of October 15, 1976 could not be met, therefore, a temporary service would have to be considered. The General Mana- ger requested Board authorization for plans and specifications to be prepared and also to allow the District staff to enter into discussions with CM Engineering to complete the design phase of the study. After a lengthy discussion on the various aspects of provid- ing water service and the problems involved, it was M/S/C (Johnson - Wall) that the General Manager be authorized to enter into discussions of design and plans with CM Engineering in regards to tanks, piping, tank sites and booster pump. concepts for installation of water facilities to Tracts 9058 and 9059. WORKSHOP FOR REVIEWING ORDINANCES The President indicated in view of the work load at this time the workshop for reviewing District ordinances will be delayed until December 13, at which time a workshop will be scheduled. CHECK APPROVAL M/S/C (Wall - Johnson) that the checks be approved as submitted. CSDA PROPOSED AMENDMENTS TO ASSOCIATION BY-LAWS The General Manager indicated the California Special District's Association had mailed to the District their proposed amendments to the Association's by-laws for review. The by-laws are to be voted upon at the CSDA Conference in Lake Tahoe. Each Director received a copy. M/S/C (Stoops - Johnson) That the CSDA Amendments to their By-Laws be approved and Director Wall be authorized to vote for the District on these amendments at the convention. CSDA CONFERENCE SPONSORSHIP - 1976 AND SUBSCRIPTION TO SPECIAL DISTRICT MAGAZINE M/S/C (Forrest - Stoops) that the Board authorize $25.00 for the CSDA Conference Sponsorship and also a one-year subscription for the Special District magazine, at a cost of $25.00. CLIFFSIDE RANCH AGREEMENT - FRkNK WHITING Each Director received a copy of the revised Cliffside Ranch~Agreement, however, tkey had not had sufficient time to review it. Therefore, after a brief discussion, it was M/S/C (Forrest - Johnson) that the Cliffside Ranch Agreement be postponed until the October 12, 1976 Board Meeting for review and possible approval. WATER SERVICE ON HIGHLAND AVENUE - HENRY GUERTH The General Manager indicated Henry Guerth had requested water service for seven acres on Highland Avenue, adjacent to Carriage Hills. He reviewed various methods of providing water service to Mr. Guerth with the Board. After discussing the problems involved in providing water service, as well as financial considerations, it was M/S/C (Johnson - Stoops) that the water service request by Mr. Guerth be referred to the Water and Finance Com~ittees with a report being brought back to the October 12 Board Meeting. -6- 9/27/76 RELOCATION ASSISTANCE ORDINANCE The General Manager requested authorization for Attorney Farrell to prepare an appropriate ordinance or resolution to be presented to the Board re relocation assistance. After discussion, it was M/S/C (Johnson - Wall) that Attorney Farrell be authorized to prepare a ordinance re relocation assistance for the December 27th Board Meeting. AUDIT REPORT The General Manager indicated the audit report has been received from Eadie & Payne. A copy was presented to each Director for their revieW. The General Manager suggested the Finance Committee meet with Ken Patterson and review the audit report in detail. The audit report will be presented at the October 12th Board Meeting. No action taken. AB 4239 - REQUEST FOR GOVERNOR TO VETO Each Director received a copy of a telegram President Disch had sent to the Governor requesting that he veto AB 4239. Information only, no action taken. WATER FEE - ORDINANCE NO. 4 The President indicated the Water Committee would report on the $10 water fee, Ordinance No. 4 at the December 13 Board Meeting. Mr. Stoops requested the rate schedule also be reviewed. FINANCE CO~gMITTEE MEETING Director Wall requested the Finance Committee meet on Wednesday, October 6 to discuss the audit report. PARK SITES Director Johnson stated that Director Stoops, the General Manager and himself had been looking for potential park sites and requested the other Directors to take a look at Plant 39A, if possible. No action taken. PATTON STATE HOSPITAL The General Manager indicated he would contact Patton State Hospital later in the week regarding the District providing them with water service. The Water Committee will attempt to schedule a meeting with Mr. Littleton to discuss possible negotiations. JOINT POWERS AGREEMENT SEWER CHARGES Director Johnson requested the possibility of obtaining some kind of figures for the amount the District will be required to pay the City for sewer charges if an agreement is reached. It was indicated there are none available at this time. Information only. GRANT AND LOAN PROGRA~{S Consulting Engineer Rieker indicated that applications are now being accepted for the Drinking Water Bond Act and he felt it would behoove the District to file one. An EDA grant program is also available and applications should be completed so that when funds are released the applications can be filed immediately, since funds may be awarded on a first come, first serve basis. After discussion, it was 9/27/76 --7-- M/S/C (Forrest - Stoops) tkat staff be authorized to work with the consulting engineers to prepare and present applications for grant and/or loan programs. M/S/C (Stoops - Wall) that meeting be adjourned. Meeting adjourned at 9:55 p.m. Bohnie R. ~astwood, Secretary Philip ~. Disch, President 9/27/76