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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 06/25/1973 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING JUNE 25, 1973 MINUTES CALL TO ORDER The meeting was called to order by President R. E. Stallwood at 7:00 P.M., and bid presentation time declared closed. PLEDGE OF ALLEGIANCE All those present joined in the Pledge of Allegiance to the Flag of the United States of America. ROLL CALL Directors Present: Disch, Forrest, Stallwood and Wall. Directors Absent: Littleton. Others Present: General Manager-Secretary Rickert; Assistant General Manager-Engineer Garcia; Auditor- Treasurer Hendricks; Attorney Robert Farrell; Consulting Engineer Rowe; Recording Secretary Deeny; Mr. and Mrs. Ray Caddy; Eddie Evans; Mr. and Mrs. Bill Parker; and Mr. Grant Malloy. MINUTES JUNE ll AND In the Minutes of June 18, 1973, Page 2, the motion JUNE 18, 1973 in connection with the COST OF LIVING INCREASE 5% was changed to read: "Whereupon, a motion by Director Forrest, duly seconded by Director Wall, and carried unanimously by those Directors present, that a cost of living increase of 5% be given across the board before the adoption of the Budget to all employees except the General Manager, Assistant General Manager-Engineer, Auditor-Treasurer, and Secretary to the General Manager, and that the increase be effective July 1, 1973, and that the Personnel Committee review and make recommendations for increases for the Staff Members and the Secretary to the General Manager before adopting the Budget." MOTION There being no further additions or corrections to the Minutes of June 11, 1973 and June 18, 1973, Director Forrest motioned, duly seconded by Director Wall, and carried by those Directors present, to approve the Minutes as corrected. BID OPENING INSTALL- The Secretary opened and read the bid proposals for ATION OF WATER MAINS, the installation of water mains, fire hydrants, ser- FIRE HYDRANTS, SERVICES vices and appurtenances in Tract 8545. Each pro- AND APPURTENANCES RE posal was accompanied by the required 10% bid bond, TRACT 8545 - JOB W-849 and were as follows: Coughlin Company $ 3,395.50 El-Co Contractors 3,796.50 Meyers-A.J. Pipeline Company 3,964.50 Mike Mize 4,601.75 Parker Construction Company 5,887.50 R & L Pipeline Construction Co. NO BID Engineer's Estimate: $ 3,900.00 MOTION Upon motion by Director Forrest, duly seconded by Director Disch, and carried by those Directors present, to turn the bid proposals over to the Engineers for review and recommendation. ENGINEER'S RECOMMENDA- Engineer Garcia stated all proposals were correct, TION - JOB W-849 and recommended acceptance of the low bid of Coughlin Company for $3,395.50, subject to approval of Legal Counsel. -1 - 6/25/73 OSO JUNE 25, 1973 AWARDING BID MOTION Upon motion by Director Disch, duly seconded by Dir- JOB W-849 ector Wall, and carried by those Directors present, the bid was awarded to Coughlin Company on their bid of $3,395.50 for installation of water mains, fire hydrants, services and appurtenances in Tract 8545, Job W-849, subject to approval of Legal Counsel. LAFCO/ESBCWD The Secretary indicated that a copy of the LAFCo ANNEXATION F.G.K. letter dated June !9, 1973, addressed to the District, ENTERPRISES had been given to each of the Directors in their file, ANNEXATION 1972-3 and that it pertained to District Annexation 1972-3, LAFCo Hearing No. 1253. The Local Agency Formation Commission was writing requesting that Representatives of the D~stri'ct appear at their next hearing on June 27, 1973 at 2:00 p.m., to inform the Commission of the status of the District Annexation. The Secretary further indicated that the annexa- tion was denied by the District as a result of the condition that was imposed by LAFCo, whereby the District was required to initiate an annexation of the same territory annexed to the District, to the City of ~n Bernardino. He indicated he had written a letter to the property owner indicating that the District had denied the annexation to the District on the basis of LAFCo's condition, but he would continue to receive service of both water and sewer from the District that had been pre- viously installed, but that if they wished to annex their property to the City, it would be their re- sponsibility to initiate such an annexation, that the District did not have provisions within its Act to act as an agent for the City of San Bernardino in annexations, as requested by the Local Agency Formation Commission, per ruling of Attorney Farrell. After considerable discussion of the matter by the Board, and comments by Attorney Farrell with regard to his opinion on the matter, a motion was made by Director Hall, duly seconded by Director Forrest, and ~rried by those Directors present, that Attorney Farrell and the General Manager be directed to attend the LAFCo hearing on June 27, 1973 to inform the Commission that the Annexation 1972-3, LAFCo #1253, had been denied by the District Board and that all other annexations with the condition requesting District to initiate an annexation of the same territory to the City of San Bernardino would be denied; and that all previous corres- pondence on the matter, legal opinions, Resolutions and recent Rulings from the Legislative Counsel, George Murphy, be prepared under a cover letter by Attorney Farrell and forwarded to the Board of Supervisors to inform them of the Board's concern of LAFCo's action, with a copy of such letter and attachments forwarded to each Commissioner of the Local Agency Formation Commission. ARRIVAL OF MR. MALLOY, Discussion was opened on the request of Mr. Malloy, HIGHLAND TWINS THEATER operator of the Highland Twins Theater, whereby he thought the charges for sewer service were in excess. The General Manager distributed to each Director a copy of the District's monthly sewer billing and the amount paid to the City, and asked Auditor- Treasurer Hendricks to explain the breakdown of the billing. It was pointed out to Mr. Malloy that the consumption of water was not what his bill was based upon, rather it is based upon the seating capacity of the theater, which is 700 seats. Mr. Malloy thought the vacancy factor of the theater should be taken into consideration -2- 6/25/73 JUNE 25, 1973 for billing purposes, as he stated the theater was not filled to capacity each night. It was suggested to Mr. Malloy that he contact the City of San Bernardino Councilman, Mr. Hammock, to see if they would consider a reduction of their rate to theaters. If the City would agree to reduce their charges to the District, then perhaps the District's rates to Mr. Malloy could be reduced also. No action was taken by the Board at this time. REVENUE SHARING The General Manager read a letter to the Board which =., he received from Senator Alan Cranston dated June 19, 1973, with regard to Revenue Sharing of the East San Bernardino County Water District. After discussion, it was the general feeling of the Board that a copy of Senator Cranston's letter should be forwarded to the ACWA, the California Special Districts Association, and to the Association of San Bernardino County Special Districts for their general information. MOTION Upon motion of Director Disch, duly seconded by Director Wall, and carried by those Directors present, the General Manager was authorized to forward a copy of Senator Cranston's letter to ACWA, CSDA, and to the Association of San Bernardino County Special Districts for their general information. ANNEXATION 1973-3 The Secretary indicated to the Board that Annexation D'AUGUSTINO 1973-3 for sewer service only to a residence at 7241 CONEJO - LAFCo Conejo Drive, San Bernardino, under the name of C. ,~ NO. 1372 D'Augustino, would be heard at the June 27, 1973 hear- ing, and this annexation has a staff comment of LAFCo which recommends that the District be required to initiate proceedings to annex the territory to the City of San Bernardilno, as is done when the land is adjacent to or near the boundaries of the City. He further indicated that this would be handled at the hearing as a result of the request by t~e LAFCo Commissioners for a District Representative to be present to discuss Annexation 1972~3, LAFCo Hearing No. 1253. He indicated that the District should oppose this condition as it did in Annexation 1972-3. This was for information only. No action taken or required. PLANT #24 Engineer Garcia indicated to the Directors that at MAINTENANCE OF LAWN the Plant #24 site there is approximately one acre of lawn to ~ mo~ed regularly, and that our present lawn mower is too small to handle this lawn. He stated the General Manager had asked him to talk with the San Bernardino Parks and Recreation Department to see if they would be willing to mow this lawn with their equipment, and to inquire as to how much they would charge the District for this service. Engineer Garcia further indicated that he had talked with Mr. Moye, Director of Parks and Recreation, City of San Bernardlno, who in turn talked with the City Administrator, and Mr. Moye indicated to him that the City would mow the lawn for the sum of $50 per month. The matter of purchasing a lawn mower by the District for this purpose ~as discussed, and it was the feel- ing of the Board that if arrangements could be made with the City, this would be the best way to handle this matter. -3- 6/25/72 JUNE 25, 1973 PLANT #24 (Continued) Upon motion of Director Disch, duly seconded by Director Wall, and carried by those Directors MOTION present, the General Manager was authorized to write a letter to the Mayor and City Council with regard to negotiating an Agreement whereby the City would maintain the lawn with their equip- ment at Plant #24 for the sum of $50 per month. STEP INCREASES Engineer Garcia recommended step increases as JOSEPH MUJICA AND follows: ROY PATTERSON To Joseph Mujica, from 26-B, $3.16/hr., to 26-C, $3.32/hr. To Roy Patterson, from 27-A, $3.01/hr, to 27-B, m $3.16/hr. MOTION Upon motion of D!rector Forrest, duly seconded by Director Wall, and carried by those Directors present, the salary increases noted above were granted, effective July 1, 1973. SALARY INCREASES TO Director D~sch, Chairman of the Personnel STAFF MEMBERS Co~mit'tee,~indicated that a meeting of the per- sonnel Committee had been held at 6:45 P.M. on June 25, 1973, prior to the Board Meeting, and that salary increases of $50 per month were being sug- gested by the Committee to General Manager Rickert, Assistant General Manager-Engineer Garcia, and Auditor-Treasurer Hendricks. After considerable discussion, a motion was made by Director Disch, duly seconded by Director Forrest, a.nd a tie vote was indicated, wherein the President called for a roll call vote. The roll call vote was as follows: Ayes: Directors Disch and Forrest Noes: Directors Stallwood and Wall President Stallwood called for an Executive Session immediately following the adjournment of this meeting to discuss increases to person- nel. OWENS CLAIM Engineer Garcia stated that the circumstances 6656 SEINE AVENUE giving rise to the claim of James To Owens were SAN BERNARDINO that the contractor, when installing the water ~ ~ main in Seine Street, broke through the lateral serving the Owens property. The damage has now been repaired, and Engineer Garcia recommended that the claim be referred to our insurance car- rier. MOTION Upon motion of Director Wall, duly seconded by Director Disch, and carried by those Directors present, the claim of James T. Owens, 6656 Seine Avenue, San Bernardino, be referred to the insur- ance carrier for the District. COST ESTIMATE - At the request of Director Forrest on June 11, EXTENSION OF WATER 1973, a cost estimate for the extension of a MAIN IN THIRD STREET water main within Third Street between a point TO SERVE DUDA PROPERTY east of Rozema Poultry and Boulder Avenue was prepared by Engineer Garcia. The cost estimate ~ was presented and discussed by Engineer Garcia and his estimate was approximately $43,000. No action was taken. -4- 6/25/73 JUNE 25, 1973 CLAIM OF TERRAL ALLEN - The General Manager indicated the District had AUTOMOBILE DAMAGE received a letter from Industrial Indemnity Company requesting that we forward their letter to our insur- ance representative in order that the insurance representative answer their demand on behalf of the District. He indicated that this was accomplished on June 15, 1973, and that on June 20, 1973, the District received a reply from our insurance repre- sentative, the Chubb/Pacific Indemnity Group, recommending that the District reject the claim i'n accordance with the provisions of the Government Code. MOTION Upon motion of Director Disch, duly seconded by Director Wall, and carried by those directors present, the claim of Terral Allen was denied by the Board, and Staff was directed to notify the Industrtal Indemnity Company. RESOLUTION 1973.32 Resolution 1973.32 was presented and the General ACCEPTING CONVEYANCE Manager recommended Acceptance of Conveyance of OF PIPELINE EASEMENT Pipeline Easement, Fred M. and Veda E. Riedman, -RIEDMAN- Third Street and'Boulder Avenue, Highland. MOTION Upon motion by Director Wall, duly seconded by Director Disch, and carried by those Directors present, Resolution 1973.32 was adopted. RESOLUTION 1973.33 Resolution 1973.33 was presented, initiating pro- INITIATING PROCEED- ceedings to LAFCo for District Annexation 1973.1, INGS TO LAFCo - Francis J. Kling, 6943 Conejo Drive, San Bernardino, ANNEXATION 1973-1, for sewer service. F. J. KLING Upon motion of Director Disch, duly seconded by MOTION Director Wall, and carried by those Directors present, Resolution 1973.33 was adopted. FINANCIAL REPORT The Auditor presented each of the Directors with a MONTH OF MAY, 1973 copy of the Financial Report of the month of May, 1973, Water and Sewer Divisions. This was for information only. APPROVAL OF WARRANTS #11060 11195 (General) $145,248.38 # 6388 6458 (Payroll) $ 16,390.92 $161,639.30 MOTION Upon motion by Director Wall, duly seconded by Director Forrest, and carried by those Directors present, the warrants were approved. CONTINUING APPROVAL OF Director Disch stated the following: "My yes vote, WARRANTS BY DIRECTOR present and in the future, on warrants, does not DISCH IF PER DIEM PAY- preclude any objection I might have of warrants sub- MENT BY DIRECTORS FOR mitted under Resolution 1973.13.'~ ATTENDANCE OF COMMITTEE MEETINGS ARE INCLUDED SB-90 DISTRICT'S President Stallwood asked the question of Staff and TAXING ABILITY Legal Counsel if the District was restricted from levying a tax, and Staff and Legal Counsel indicated to him ~hat the District was restricted from levying a tax under Senate Bill 90, adopted by State Legis- lators, and further indicated it would be necessary to go to the electorate of the District for a tax '=' rate; however, they pointed out that the District does have, in the Water District Act, a Standby Charge for the Water Division, that would allow the District to charge up to a maximum of $10 per parcel. Auditor Hendricks indicated it could possibly gene- rate a revenue as high as $120,000, although no fact study has been made up to this time. President Stallwood requested that Staff investigate this and report their findings to the Board at the Board Meeting of July 23, 1973, at which time the Hater and Sewer Budget will also be considered. -5- 6/25/73 JUNE 25, 1973 COST OF LIVING At this time, Director Forrest indicated he did INCREASES TO not feel there was a need for an Executive Ses- STAFF MEMBERS sion, and upon motion by Director Forrest, duly seconded by Director Wall, and carried by those Directors present, that General Manager Rickert receive a 5% cost of living increase; that Assistant General Manager-Engineer Garcia receive a 5% cost of living increase; and that Auditor- Treasurer Hendricks receive a 7½% cost of living increase. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:30 P.M. Harold G. Rickert, Secretary Board of Directors Board of Directors -6- 6/25/73