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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 07/23/1973 EAST SAN BERNARDINO COUNTY WATER DISTRICT ~0~ REGULAR MEETING JULY 23, 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 was declared closed. PLEDGE OF ALLEGIANCE All those present joined in the Pledge of Allegiance to the Flag of the United States of America. Directors Present: Disch, Forrest, Littleton, Stallwood and Wall. Directors Absent: None. Others Present: General Manager-Secretary Rickert; Assistant General Manager-Engineer Garcia; Auditor- Treasurer Hendricks; Attorney Farrell; Consulting Engineer Rowe; Recording Secretary Deeny; Mr. R. Rodriguez; Mr. M. Salgado; Mr. Les Antinucci; Mr. Chuck Harris; Mr. Andy McDonald; Mr. Gavin Williams; Mr. Dennis Johnson; and Mr. Johnson, Sr. MINUTES OF There being no additions or corrections to the Minutes JULY 9, 1973 of the Regular Board Meeting of July 9, 1973, upon motion of Director Forrest, duly seconded by Director MOTION Disch, and carried unanimously, the Minutes of July 9, 1973 were approved as submitted. BID OPENING The Secretary opened and read the bid proposals, as submitted, for the installation of sewer collection lines to serve Tract 7734 (Atlantic at Church Street.) Each proposal was accompanied by the required 10% bid bond, and were as follows: A & A Plumbing and Heating Co. $ 9., 711.84 City Construction Co. 13,516.00 Michael C. Mize 7,126.00 Martin Salgado 7,539.00 Starkweather & Son Construction Co. 8,290.00 Meyer-AJ Pipeline Construction Co. 10,745.00 Engineer's Estimate: $ 9,200.00 The Secretary indicated that the bid proposal of J & J Sewer Construction Co. was unsigned by the principal, that it was, therefore, not a valid bid proposal and would not be read. MOTION Upon motion by Director Forrest, duly seconded by Director Wall, and carried unanimously, the bid proposals were given to the Engineers and Legal Counsel for review and recommendation. RESULTS OF Engineer Rowe stated that upon examination of various ENGINEER'S of the bid proposals, he found errors in some of the EXAMINATION totals and stated the changes were based upon figures as submitted: A & A Plumbing and Heating Co. - The correct bid amount should be $ 9,707.34, not $ 9,711.34. City Construction Co. There was no surety shown on Page 2-4 of the bid proposal. Michael C. Mize Clerical error in notary acknow- ledgment attached to bid bond. Martin Salgado - Subcontractor form was not signed. Starkweather & Son Construction Co. Erasures on bidding sheet; subcontractor form not signed; and clerical error in notary acknowledgment attached to .bid bond. 7/23/73 July 23, 1973 LEGAL' COUNSEL'S Attorney Farrell indicated that the clerical error RECOMMENDATION in the notary acknowledgment attached to the bid bond of Michael C. Mize, which was the low bid, was not the fault of the contractor, and recommended acceptance of the low bid of Michael C. Mize after first contacting Mary J. Mikolasik, the Notary Public who notarized the bid bond incorrectly, and obtaining from her a corrected notary acknowledgment. MOTION Upon motion of Director Littleton, duly seconded by Director Disch, and carried unanimously, the bid was awarded to Michael C. Mize, low bidder, subjeci to obtaining a corrected notary acknowledgment from Mary J. Mikolasik and subsequent approval of Legal Counsel. NOTIFICATION TO The General Manager indicated a sewer customer of DISTRICT OF REQUEST the District notified him that they received notice OF SOUTHERN CALIFORNIA of a hearing to increase water rates of Southern WATER COMPANY TO California Water Company in Highlands System. He PUBLIC UTILITIES stated the District was not directly notified, and COMMISSION FOR RATE recommended that we write and ask to be notified INCREASE of any rate hearings or changes in the certificated area of the private water company. MOTION Upon motion by Director Disch, duly seconded by Director Forrest, and unanimously carried, Staff was authorized to write the State of California Public Utilities Commission regarding notice of rate hearing or Certificated Area Change of Southern California Water Company, Highland System. RESOLUTION 1973.37 The General Manager read a letter he had received DISTRICT ELECTION from the San Bernardino County Registrar of Voters CONSOLIDATED WITH on July 23, 1973. He stated that enclosed with the SPECIAL STATE-WIDE letter was a resolution prepared by the Registrar ELECTION ON of Voters Office which, if adopted by the Board NOVEMBER 6, 1973 of Directors, would consolidate the General District Election with the Special State-wide Election on November 6, 1973, and result in a considerable savings to the District in election expenses. MOTION After discussion, upon motion of Director Forrest, duly seconded by Director Disch, and carried unanimously, Resolution 1973.37 was adopted. RESOLUTION 1973.38 The General Manager read an article which appeared AB 1829 - WATER in the July 19, 1973 edition of the ACWA News con- DISTRICT BILL cerning AB 1829, which provides that in the event a bonded debt exists within a District, another public entity may not begin water service within that District unless the Board of the District consents to the service ~ obtains an affirmative vote for the new service of two-thirds of the people within the District. He indicated this bill is scheduled to be heard in the Senate Agriculture & Water Resources Co~ttee on August 7th, and recommended the District's support of the bill. After discussion, it was the general feeling of the Board that the District should supportthis bill by way of adopting Resolution No. 1973.38, and further, that Staff be authorized to write to Senators Coombs and ~(~rle indicating to them the District's support of AB 1829. MOTION Upon motion of Director Wall, duly seconded by Director Forrest, and carried unanimously, Res- olution 1973.38 was adopted and Staff was authorized to write to Senators Coombs and Biddle indicating Dis.~rict's support of AB 1829. -2- 7/23/73 July 23, 1973 CORRESPONDENCE The General Manager indicated that he had received MR. & MRS. NEWEL a letter from Mr. and Mrs. Newel Gibson expressing GIBSON their thanks to the District for notifying them of the hearing date on the proposed annexation of their property to the City of San Bernardino in the reorganization of the Bloomington, Muscoy and Fontana Fire Departments and read the letter to the Board Members. He indicated to the Board that this was just for their information and no action was required or taken by the Board. CLAIM OF JAMES OWENS, The General Manager indicated that the District had 6656 SEINE AVENUE, received a letter from the adjuster of our insurance SAN BERNARDINO carrier, the Chubb/Pacific Indemnity Co., suggesting that the claim of James Owens be rejected by the District in accordance with the provisions of the Government Code, and it was his recommendation that the District reject the claim. MOTION Upon motion of Director Disch, duly seconded by Director Forrest, and carried unanimously, the General Manager was authorized to reject the claim of James Owens and to notify Mr. Owens of such rejection accordingly. LAFCo ACTION REOR- The General Manager indicated that each of the GANIZATION AND CON- Directors had received a copy of our letter of SOLIDATION OF THREE July 11, 1973 directed to the property owners FIRE PROTECTION concerned with this proposed annexation to the DISTRICTS City of San Bernardino, and that the Directors had also received a copy of a newspaper article that appeared in the San Bernardino Sun on July 18, 1973 concerning the results of the post- ponted hearing held July 17, 1973. The General Manager stated that the District had received notification from the Local Agency ?ormation Commission that if the recommended changes in this reorganization are filed with the LAFC prior to July 25, 1973, they will be presented to the Commission for action at that time. The General Manager also indicated that the Directors had received copies of the Lions Club publication "The Lion's Purr," which indicated that Mayor Holcomb had appeared as the Club's Guest Speaker. The publication reported that Mayor Holcomb indicated that he is making a concerted effort to gain the support of service clugs in his drive to "round out" the boundaries of the City. of San Bernardino, and that the Mayor pointed out during his speech the advantages of annexation to the City of San Bernardino. REPORT OF SEWER Director Littleton indicated that the Committee had COMMITTEE RATE met to study the proposed sewer service charge INCREASE -CITY OF increase by the City of San Bernardino. He indicated SAN BERNARDINO that Legal Counsel was studying the legality of whether or not the City could transfer the operation of the sewer department to the water department under the Joint Powers Agreement. Legal Counsel indicated that it is the District's position at this time that the City has no authority to assign the sewer department to the' water department, and that he has called and written to City Attorney Ralph Prince for an opinion from him as to whether or not the water department is a separate entity. He indicated that we will probably find it is a separate entity but not a separate governmental agency. He indicated that as soon as he receives a response from Mr. Prince, he will contact the members of the Sewer Committee as to which way the District should proceed in this matter. Legal Counsel further pointed out that the District's sewer rate charge arbitration appeal comes up for oral argument in the Appellate Court on August 2, -3- 7/23/73 1973, and that the transfer of the San Bernardino ~as~e~ater Treatment Plant to the sewer department hearing is scheduled for August 6, 1973 before the City Council. President Stallwood suggested that at the end of this Regular Meeting, this meeting be continued until the date of July 30, 1973, and that the Sewer Committee meet prior to that date to prepare a study for presentation to the Board at its Adjourned Meeting of July 30, 1973. 1973-74 WATER AND The Auditor-Treasurer presented each Director SEWER DIVISION with a copy of the sewer and water budgets for BUDGET 1973-74 and indicated the changes as recommended ~,, at the June 18, 1973 Board Meeting had been made. MOTION Upon motion of Director Forrest, duly seconded by Director Wall, and carried unanimously, the 1973-74 Water and Sewer Division Budget was adopted as presented. REPORT ON SB 1326 The General Manager indicated that he had tele- "PAYMENT OF INTEREST phoned Senator Coombs' office on July ll, 1973, ON DEPOSITS" and that they indicated to him that this Bill was set for hearing on June 12, 1973; however, at the request of the author of the Bill, the hear- ing was cancelled, and as the Bill did not get out of the Committee of origin, it is considered dead for this legislative session. No action was taken by the Board at this time. EXCLUSIONS OF PART- Auditor-Treasurer Hendricks indicated to the Board TIME POSITIONS FROM that through recently enacted State legislation, COVERAGE UNDER it was now possible for public entities to exclude SOCIAL SECURITY part-time employees from coverage under Social Security. He indicated that he had contacted the local Social Security Office to inquire what advantages or disadvantages would accrue ~ if the District decided to exclude part-time employees from Social Security. The information which he received from the Social Security Office indicated that there were no outstanding advantages or disadvantages if the District d~d change its policy in this regard. The General Manager indicated to the Board that presently there are no part-time positions, and that occasionally when there are part-time positions to be filled, the District employs its temporary or part-time help through Manpower, Inc. President Stallwood stated there is a consideration on the part of the employee and he did not think the District would be saving that much money if the District decided to exclude part-time positions from Social Security coverage. MOTION Upon motion of Director Forrest, duly seconded by Director Disch, and carried unanimously, the District will continue with its present policy of covering part-time positions under Social Security. w SEWER STUDY TRACT The General Manager indicated that several board 8827 - DESERT VIEW meetings ago Mr. Heers, by letter, had requested DEVELOPERS - JOHN C. the District to extend its sewer collection line HEERS PIEDMONT to serve Tract 8827. At that time it was the DRIVE WEST OF ORANGE decision of the Board that if Mr. Heers paid the STREET District $150.00 for preparation of a Sewer Study, a study would be prepared to determine the costs and area to be served. He further indicated that Mr. Heers had paid the $150.00 Sewer Study Fee, that Consultin~ Engineer -4- 7/23~73 July 23, 1973 Rowe had prepared the S%udy and a plat with regard to the sewer extension to tentative Tract 8827. A copy of the plat was given to each Director for their perusal and review during the discussion which followed. ~ Engineer Rowe indicated that in 1968 an Agreement was entered into between the School District and the East San Bernardino County Water District, wherein it was agreed that the School District pay to the ESBCWD the sum of $3,366.00 to extend to the School District, and at the same time the School District granted the ESBCWD an easement routing to extend its sewer line to the southeast corner of the School District,s property to serve the areas east of the School District. This easement routing which was granted by the School District t~ ESBCWD has some structures and trees in it and it will be necessary for our Water District to obtain a new alignment over a portion of the School District in order to extend this sewer line to the point necessary to serve Tract 8827. Engineer Rowe indicated that the estimated cost of extending the sewer line would be approximately $14,000.00 to serve tentative Tract 8827; however, he also indicated that although the $14,000.00 cost is primarily for Tract 8827, this extension would also serve additional lands. The General Manager recommended that the $14,000.00 extension cost be ~aid out of the District's sewer surplus~funds; that the $3,366.00 be refunded to the School District by the Water District, as we have had this money, interest free, since 1968; and that Mr. Heers dedicate to the District the sewer line within the tract and provide the District with an easement enabling District to extend sewer lines further to the east, if required. MOTION Upon motion of Director Forrest, duly seconded by Director Wall, and carried unanimously, that District refund the $3,366.00 to the School District and District extend the sewer line, providing that Mr. Heers develops the 31 lots, subject to Mr. Heers' giving District the required easement. REPORT OF WATER Director Disch, ~hairman of the Water Committee, COMMITTEE RE PROPOSED indicated that a meeting of the Water Committee was CONDOMINIUM DEVELOP- held to discuss the anticipated problems the District MENT PALM AVENUE would encounter in serving water to this proposed AND CITRUS ( W.R. development, and indicated that the Water Committee BUSTER) would recommend that Consulting Engineer Rowe, and Staff, make a study of the entire mountain area from west of Palm Avenue to and including the Widmeyer .. property to City Creek Road between the elevation of 1550 feet and 1920 feet. The Water Committee felt that this Study should include whether or not it would be economical to have one tank site or three or four tank sites, what the cost would be, and what our ability would be to acquire tank sites for this area, including the size of lines needed to serve the area. After discussion, upon motion of Director Disch, duly seconded by Director Forrest, and carried unanimously, the Consulting Engineer and Staff were authorized to prepare a study of the entire mountain area of the proposed condominium development, and the area west of Palm Avenu~ as required, between the elevation of 1550 feet and 1920 feet, and to present the report to the Board of Directors at its Regular Meeting of August 13, 1973. -5- 7~23/73 ,July 23, 1973 HOLDER OPINION RE Attorney Farrell reviewed for the Board Members LAFCo REQUIREMENT OF the opinion of Deputy County Counsel Holder with WATER DISTRICT INITIA- regard to LAFCo imposing conditions on Water TING ANNEXATION PROCEED- Districts to initiate annexation proceeding§ to INGS TO CITY cities. He further indicated that a hearing had been held in this regard, and that the hearing had been continued because the LAFCo wanted to give our District an opportunity to consider the opinion of Mr. Eugene Holder. The General Manager indicated that staff had forwarded a copy of this opinion to the Legal Counsel of ACWA, requesting him to forward a copy of Holder's opinion to Legislative Counsel ~ George Murphy, and also a copy to Assemblyman John T. Knox for their review and comment. The General Manager further indicated that the hearing had been postponed to the date of July 25, 1973 and requested that the Board authorize and approve the appearance of tDe General Manager and Legal Counsel Farrell at the hearing on that date. MOTION Upon motion of Director Disch, duly seconded by Director Wall, and carried unanimously, the General Manager and Attorney ?arrell were author- ized to attend the LAFC Hearing on July 25, 1973 as representatives of the District. CROSSTOWN FREEWAY Attorney Farrell indicated that a rough draft LANDSCAPING AGREEMENT Agreement between the State of California, Division of Highways and the District had been prepared, at which time he read the Agreement to the Board Members. The General Manager stated he was going to check with the State Division of Highways repre- V sentative and determine if Route 30 was correct, and also if State Plan #1 of Landscaping was correct. MOTION Upon motion of Director Disch, duly seconded by Director Forrest, and carried unanimously, Staff is to provide each Board Member with a copy of the proposed Agreement for discussion at an adjourned meeting on July 30, 1973. APPROVAL OF WARRANTS Warrants for the water and sewer division were presented as follows: (Payroll) 6459 6527 $ 16,499.51 (General) 11196 11339 $394,795.82 $411,295.33 MOTION Upon motion of Director Forrest, duly seconded by Director Disch, and carried unanimously, the warrants were approved. AUDITOR-TREASURER Auditor-Treasurer Hendricks indicated to the Board HENDRICKS' VACATION that he wished to take his vacation commencing August 13, 1973 through August 27, 1973. It was pointed out that the General Manager's vacation period fell within that period of time; however, v the General Manager and Auditor-Treasurer felt there would be no problems created in this regard. MOTION Upon motion of Director Wall, duly seconded by Director Disch, and carried unanimously, Auditor- Treasurer Hendricks' vacation period from August 13, 1973 through August 27, 1973 was approved by the Board. -6- 7/23/73 July 23, 1973 $1.00 RATE INCREASE The proposed sewer service charge increase of $1.00 CITY OF SAN BERNARDINO by the City of San Bernardino was again brought up PROPOSED SEWER SERVICE for discussion. CHARGE Director Wall indicated that he felt the Special Sewer Committee to study this proposed rate increase could be ready with their report by July 30, 1973. MOTION Upon motion of Director Disch, duly seconded by Director Forrest, and carried unanimously,>~h~ Committee and Staff were directed to study the pro- posed sewer service charge rate increase of $1.00 and report to the Board in regard to this study at its Adjourned Meeting to be held July 30, 1973 at 4:30 o'clock p.m. ADJOURNMENT There being no further~usiness to come before the Board, the meeting was adjourned at 9:40 p.m. until July 30, 1973 at 4:30 P.M. Harold G. Rickert, Secretary Board of Directors Approved: Board of Directors -7- 7/23/73