Loading...
HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 11/12/19732158 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING NOVEMBER 12, 1973 MINUTES CALL TO ORDER The meeting was called to order at 7:00 p.m. by President R. E. Stallwood. PLEDGE OF All those in attendance joined in the Pledge of Allegiance ALLEGIANCE to the Flag of the United States of America. ROLL CALL Directors Present: Disch, Littleton, Stallwood and i' Wall. Directors Absent: Director Forrest. Others Present: General Manager-Secretary Rickert; Assistant General Manager-Engineer Garcia; Auditor- Treasurer Hendr~cks; Attorney Robert J. Farrell; Consulting Engineer Rowe; Dennis Johnson; Ken Patterson; and Recording Secretary Deeny. MINUTES OF There being no additions or corrections to the Minutes OCTOBER 23, 1973 of October 23, 1973 and October 29, 1973, upon motion AND OCTOBER 29, of Director Disch, duly seconded by Director Wall, and 1973 carried unanimously by those Directors present, the Minutes of October 23, 1973 and October 29, 1973 were approved as submitted. MINI-PARK - The General Manager read a letter received from Mrs. LYNWOOD AND Alan Davidge thanking the District for developing the HARRISON mini-park located at Lynwood and Harrison for the District customers. She indicated in her letter that the children in that area were provided a place to play, and also that she felt the park was very attrac- tive. No action taken or required by the Board at this time. w EMPLOYER SUPPORT The General Manager indicated that each of the Dir- OF GUARD AND ectors had received a copy of a letter received from RESERVE the Office of the Assistant Secretary of Defense requesting a pledge of District's support for the Guard and Reserve, and he briefly summarized the let- ter for the Board. MOTION After discussion, upon motion of Director Wall, duly seconded by Director Littleton and carried by those Directors present, Staff was authorized to send District's Statement of Support to the National Guard and Reserve Forces of the United States, expressing District's patri~tic cooperation in facilitating the participation of their eligible employees in Guard and Reserve programs. DIRECTOR FORREST At 7:12 p.m., Director Forrest arrived at the Board ARRIVES AT MEET- Meeting. ING Mr. Ken Patterson was called upon to report with CITY'S 50¢ SEWER regard to the City of San Bernardino's 50~ sewer SERVICE CHARGE service charge increase. INCREASE Mr. Patterson briefly summarized the events that had w taken place with regard to District's opposition to the City's increase, and stated that District's main approach to the City was that no increase was neces- sary. That in 1969, a $600,000 budget met the neces- sary demands of treating the City's sewage, and that -1- 11/12/73 NOVEMBER 12, 1973 CITY'S 50% SEWER in the City's 1973-74 budget they require SERVICE CHARGE $2,900,000 to treat approximately the same amount INCREASE (Continued) of sewage. He further stated that after the various explanations made to District by the City, there was still 1.4 million unexplained by the City. As a result of District's opposition, the City's original request of a $1 increase was eventually reduced to a 50~ increase, and that if the $1 increase had been approved, it would have cost the customers of our District $180,000 per year. Therefore, due to our efforts, the customers of our District were saved approximately $90,000 per year. Mr. Patterson said that now that the City Water Department has been delegated by the City Council to take over the operation of the sewage treat- ment plant, it will be under the supervision of Mr. ~erb Wessel, who is an excellent supervisor, and that Mr. Wessel will probably bring about some order in the operation of the sewage treat- ment plant. He further indicated that the Water Department of the City is now renting quarters from City Hall, thus increasing their operating costs, and as a result, the Water Department will add a portion of their administrative and rental costs of the City Hall to the Sewer Department. He stated that the District, in the future, will probably have to deal with the Water Department in the event additional increases of sewer service charges are requested. Mr. Patterson further stated that he felt when the matter of refinancing the Public Safety Authority bonds comes up before the Public Safety Authority, that District should appear at the meeting and request that the Public Safety Authority assure themselves that all the safety features and precautions that were in the orig- inal bond indenture are also included in the new bond indenture. It was Mr. Patterson's recommendation that we take prompt action in passing the City's sewer rate increase on to the customers of the District, as the District's present rate structure cannot absorb the increase. KEN PATTERSON At 8:25 p.m., Mr. Ken Patterson left the Board LEAVES MEETING Meeting. The General Manager stated that while he was in attendance at the CSDA Conference in San Francisco last week, he met with Bud Carroll, who notified him that Attorney Milford Dahl, the third arbi- trator, had notified him that they would be con- tinuing the arbitration but he did not know if Mr. Ed Wells was still the arbitrator for the City, and the General Manager indicated to the Board Members that Mr. Carroll felt that a meeting with him should be arranged in order that he could be brought up to date in regard to the presentation by the District to the City relative to their sewer rate increase. -2- 11/12/73 NOVEMBER 12, 1973 CITY'S 50~ INCREASE Director Disch inquired what would take place if (Continued) District eliminated the 25¢ charge for extra bath, and also stated he would like to know what the difference money-wise would be if District used self-addressed envelopes instead of the billing system District presently is using. The Auditor indicated to him that the figure would be between $24,000 and $26,000 per year, and that the additional 25¢ charge for extra bath helped to pay for handling costs, etc. Mr. Forrest asked whether or not District could file a notice stating that District would not accept mail with postage due, and the Auditor indicated to him that it is the present policy of District not to accept mail with postage due. Mr. Forrest asked Staff to notify him of the date action was taken by the Board with regard to District's not accepting mail on which postage is due, and also how this policy was adopted, by resolution or motion of the Board. MOTION After further discussion, upon motion by Mr. Littleton, duly seconded by Director Wall, and carried unanimously, Staff was instructed to arrange a meeting with Mr. Carroll, Mr. Patterson, Mr. Rowe, Mr. Hendricks and the General Manager as soon as possible. MOTION Upon motion by Director Wall, duly seconded by Direc- tor Littleton, and carried unanimously, the ~, : General Manager was instructed to correspond with the Public Safety Authority requesting notifica- tion of its meeting date relative to the matter of the Public Safety Authority refinancing their bonds on the additions to the City of San Bernardino's wastewater treatment plant, indi- cating to the Public Safety Authority that Dis- trict wishe~ to appear on their Agenda MOTION Upon motion of Director Wall, duly seconded by Director Littleton, and carried by the following roll call vote adopting Ordinance 291, Staff was directed to take prompt action in passing the 50¢ increase of the City of San Bernardino's sewer service charge on to District customers in order that the 50¢ increase would be effective as of December l, 1973 (the same effective date as the City's,) and, further, that Staff notify District customers, by letter, with regard to the 50~ increase, and that Ordinance 291 be posted as required and be reviewed by Legal Counsel. Ordinance 291 was adopted by the following roll call vote: Ayes: Directors Disch, Littleton, Stallwood and Wall. Noes: Director Forrest Absent: None. REPORT OF WATER Director Disch, Chairman of the Water Committee, COMMITTEE RE TRACT indicated that their report was not ready at 8871 (DR. HANSEN) this time, in that the Committee had not received all the necessary information from the develop- ers, and he indicated that the Committee would present its report to the Board Members on November 26, 1973. -3- 11/12/73 NOVEMBER 12, 1973 CLAIM OF DAISY The General Manager indicated that Mrs. Daisy B. B. ANDERSON, 5890 Anderson of 5890 Ironwood Street, San Bernardino IRONWOOD STREET, had filed a claim against District in the amount SAN BERNARDINO of $72.83 for asserted damages due to sewer stoppage at her residence. The Auditor indicated to the Board that District's insurance agent, Mr. Dana Weaver of Morgan & ~ranz, had been sent a copy of the Engineer's report of the sewer stoppage, at which time he indicated to Mr. Weaver that claim forms had been given to Mrs. Anderson and would be submitted to him when returned to District by Mrs. Anderson. MOTION Upon motion of Director Wall, duly seconded by Director Disch, and carried unanimously, Staff was directed to forward the claim of Mrs. Anderson to Mr. Weaver requesting that the necessary action in this regard be taken. DISTRICT'S OPPOSITION The General Manager indicated that each of the TO LAFCo REQUIREMENT Directors had received a copy of the article ap- RE ANNEXATIONS TO CITY pearing in the San Bernardino Sun on October 1, 1973 entitled "Annex Attempt is Mired," regarding LAFCo upholding its policy to require special districts to initiate annexation proceedings to cities along with their annexations. He stated that Attorney Farrell had been present at several hearings before the LAFCo to make District's oppos- ition to LAFCo's policy known, and asked that he speak to the Board Members in this regard. Attorney Farrell summarized the events that have transpired beginning with District's Annexation 1972-3, a mobile home park, wherein LAFCo required that District initiate annexation proceedings of the park to the City. He stated that at the present time LAFCo is still of the opinion that annexations to the City should be initiated by spec- ial districts, and that eventually he feels this situation will have to be resolved in the courts. The General Manager indicated to the Board that this LAFCo requirement is not limited to just property adjacent to city boundaries. That LAFCo requires a waiver from the property owner whose property is not contiguous to the city, stating that he will not object when and if the city decides to annex the property at a later date. He indicated further that District could change its annexation policy wherein the property owner makes the request for annexation to the District and District initiates the annexation to LAFCo. The District could require that the owner himself initiate the annexation proceedings directly to LAFCo; however, in this event, emergency situa- tions would be delayed in that the property owner could not receive service from the District until the annexation was completed. He pointed out to the Directors that F.H.A. now requires that a prop- erty must be connected to a sewer prior to any new F.H.A. commitment if a public sanitation system is available. Director Wall suggested that a committee be ap- pointed to work on this matter with Staff and Attorney Robert Farrell, and perhaps make a recom- mendation as to the procedure District should follow in this regard. The General Manager stated that at the CSDA Con- ference last week, Assemblyman Knox gave a talk in which he stated positively that AB 882 will pass and that special districts will have -4- 11/12/73 NOYEMBER 12, 1973 DISTRICT'S OPPOSITION the opportunity for representation on LAFCo. TO LAFCo REQUIREMENT He stated that AB 882 will be presented in (Continued) January. President Stallwood indicated that the present LAFC Committee was composed of Directors Wall and Littleton. After further discussion, Director Forrest indi- cated he would like the record to show that the Board of Directors took the action they did with regard to providing of District water and sewer services to the FGK Mobile Home Park against the advice of Legal Counsel Robert Varrell. President Stallwood requested that the LAFC Committee meet with Staff and Legal Counsel to discuss District's future policy with regard to the LAFCo requirement and report to the Board at a later date. OPINION EDGAR Attorney Farrell reported that the Opinion had COOPER -VS- ESBCWD been received in the Small Claims Court action of Edger Cooper -vs- ESBCWD. He stated that David Garcia had appeared at the trial of this matter in behalf of District, and presented District's position, i.e., that District had found no major variance in the water pressure at Mr. Cooper's residence, and testing of the water at Mr. Cooper's residence had indicated the water to be clear. He stated that judgment had been rendered in favor of the Defendant District, however as part of the Opinion, Judge Donald E. Van Luven, Jr. had indicated that he felt District's customers should be notified that they are required to have a control valve installed in the event water pressure did vary. No action was taken. CHANGEOVER OF WATER The General Manager indicated that District's SERVICE (VAN WYK) Legal Counsel was going to review the changeover of water service to the Van Wyk residence in accordance with Board action, to determine whether or not District could anticipate any legal ramifications in this regard. Attorney Farrell summarized what had transpired up to the present time. He stated that in check- ing out-Ordinances, that the Ordinance affecting this situation does not guarantee water pressure to the customer, just the furnishing of water. He further stated that originally this particu- lar customer was served by the East Highlands Domestic Water Company (which District has since taken over.) He further stated that District could not justify the economics of extending a line to serve the Van Wyk residence at a cost to District of $700, when a line is available to change the service over and to meet the State pressure requirements, and that there is no legal basis for District having to do so. The General Manager pointed out to the Directors that the water pressure reduction would be approximately 30 pounds p.s.i., which would still -5- 11/12/73 NOVEMBER 12, 1973 CHANGEOVER OF WATER be within the standards set by the State Board of SERVICE (VAN WYK) Public Health. (Continued) Engineer Garcia indicated that he had discussed this matter with Mr. Van Wyk, and indicated to Mr. Van Wyk that in the future his water pressure would be reduced from 70 pounds p.s.i.to 40 pounds p.s.i., at which time Mr. Van Wyk indicated to Mr. Garcia that in that event, he would be forced to re-do his sprinkler systems, etc., as 40 pounds p.s.i, would not be sufficient pressure. Director Forrest asked if Mr. Van Wyk had been notified that for a cost to him of $700, District could in~tall a pipeline approximately 750 feet within our easement which would connect to Mr. Van Wyk's existing service, and would provide him with water pressure of approximately 70 pounds p.s.i. (which he is presently receiving.) The Engineer indicated that he had not discussed this alternative measure with Mr. Van Wyk, and the General Manager pointed out to the Board that the Board's action at a prior board meeting had been that District provide Mr. Van Wyk a connection from District's existing 12" line, thereby provid- ing Mr. Van Wyk with water pressure of approxi- mately 40 pounds p.s.i, at his residence. Director Forrest indicated he felt that Mr. Van Wyk should have been notified of the fact that for a cost to him of $700, his 70 pounds p.s.i, of water pressure could have been maintained to serve his property. He then asked what the cost to Dis- trict would be if District had connected Mr. Van Wyk to our existing 12'' line, and Engineer Garcia indicated the cost would be approximately $100. Director Forrest then asked if this entire matter had been discussed with Mr. Paul Jennings, Jr. of the East Highlands Company, and the Engineer indi- cated that it was Mr. Jennings who had initiated the request that District serve domestic water from its own water sources rather than purchasing our water from them, which requires them to oper- ate their booster pumping station at Base Line and Weaver Streets on a continuous basis rather than for seasonal irrigation. MOTION After considerable discussion, upon motion of Director Forrest, duly seconded by Director Disch, and carried unanimously, Staff was instructed to write to Mr. Van Wyk, stating that Staff had dis- cussed this matter with Mr. Paul Jennings, Jr. of the East Highlands Company and reported to the Board Members two alternatives that could be taken: (1) Mr. Van Wyk could retain the present 70 pounds p.s.i, of water pressure at a cost to him of $600, ($700 initial cost for installation of a pipeline to Mr. Van Wyk's property approximately 750 feet within our easement, minus $100 which it would have cost District to connect Mr. Van Wyk to our existing 12" line);or (2) District could connect Mr. Van Wyk to our existing 12" line, at which time his pressure would decrease to approximately 40 pounds p.s.i., how- ever, the second alternative would be at no cost to Mr. Van Wyk. -6- 11/12/73 164 NOVEMBER 12, 1973 AGREEMENT - CONNECTICUT The General Manager presented an Amendment to the GENERAL LIFE INSURANCE Board of Directors to the Connecticut General COMPANY Retirement Program that has been cancelled, but that portion that the District has contributed will remain for the benefit of the employees at the time they retire. Certain Amendments were required by Connecticut General, and after review and approval by Legal Counsel, a motion was made by Director Forrest, duly seconded by Director Littleton, and carried unanimously that said Amendment be accepted as presented to the Board of Directors and the required representatives of the District be authorized to sign said Amendment. DISTRICT ADOPTS BLUE The Auditor-Treasurer stated that he would like SHIELD HIGH OPTION to discuss with the Board Members the Blue HEALTH PLAN Shield High Option Health Plan. He indicated that after comparing the high option plan with our present health plan, he felt that the employees of the District would benefit by the adoption of the high option plan. He there- fore prepared a list of the basic differences in the two plans, and provided each Board Member with a copy of this list. He stated that he had explained the high option health plan to and conducted a survey of the em- ployees as to whether or not they would be willing to pay for all or a portion of the increased cost if the high option health plan were adopted. Thirty-one of thirty-four employees responded to this survey. The results were (1) All employees said they would like to adopt the new health plan, (2) Twenty-one stated they would be willing to pay the difference in cost, and (3) Two would not be willing to pay the differ- ence in cost, and (4) Seven would be willing to pay part of the difference in cost. The Auditor stated that if District bore the entire increase in cost, it would result in an approximate yearly cost to District of $3,600. MOTION After further discussion, upon motion of Director Forrest, duly seconded by Director Littleton, and carried unanimously, District will adopt the Blue Shield High Option Health Plan for all employees and District's Board of Directors, and District will absorb all costs therefor, effec- tive as of December 1, 1973. RESOLUTION 1973.57 The Auditor-Treasurer proposed to the Board a ADOPTION OF PROGRAM small fringe benefit that affects some of our FOR MEDICAL COVERAGE older employees within the next few years. FOR FUTURE RETIRING EMPLOYEES AND BOARD He stated that previously the Board had been MEMBERS generous with the employees and provided them with a retirement program with the State of California which allows a retirement as early as age 55, or a normal retirement at age 60, with full benefits on the State program. Presently, Medicare or hospital benefits do not ~ake effect until the person reaches age 65, therefore there is a gap whereby an employee -7- 11/12/73 NOVEMBER 12, 1973 RESOLUTION 1973.57 does not have adequate medical insurance if he (Continued) retires before age 65. Our present medical program has a continuation program, as required by all group plans, but this program is not adequate in its benefits in relationship to the cost. The Auditor stated that in discussing this matter with the A.C.W.A. insurance carrier, he indi- cated that although he did not have the names of all the districts that provide this benefit, that if a distr~ct (and some do) pays 50% of the employees' cost, as on our existing plan, that the employee, even after retirement, may contribute the balance, depending on how many he may wish to cover, and can continue this program without interruption. For District to provide this coverage, it would mean an approximate $124 per year payment by District for the employee to continue this coverage. The Auditor further recommended that this bene- fit be provided to only those employees who were employed by the District for a minimum of eight years and retired on the State retirement program. He stated that this program was discussed with Attorney Robert Farrell as to the legal implica- tions, and Mr. Farrell indicated that he was researching the proposition, but felt that through a contribution into a trust fund which could be administered by the District, that the monies accruing there could be used for this continued ImlJl coverage, thus avoiding "misuse of public funds." Director Forrest made a motion that Resolution 1973.57 be adopted, which would provide this benefit for employees or directors retiring in the future after five years minimum employment, subject to approval by Legal Counsel as to the method of establishing the program. The motion was duly seconded by Director Wall. At this time a discussion ensued, at which time Director Disch stated that he felt action by the Board in this regard should be put over to the next regular meeting of the Board, as he wished to look at the figures, the costs, and the employees who would be affected in the next sev- eral years. After further discussion, Resolution 1973.57 was adopted by a roll call vote taken as follows: Ayes: Directors Forrest, Stallwood, Littleton and Wall. Noes: Director Disch. Absent: None. Mr. Disch stated that he wanted the record to reflect the following statement made by him with regard to his "no" vote. -8- 11/12/73 2166 NOVEMBER 12, 1973 RESOLUTION 1973.57 "I'~9ote 'no,' not because I am opposed (Continued) to the program, but I would like more information to be made available before it is approved and I would like time to think about it." AMENDMENT OF SEPTEMBER 24, The General Manager stated that Engineer Rowe, 1973 MINUTES AT PAGE -3- after reading the Minutes of September 24, 1973 RE TRACT 8832 at Page -3- regarding Tract 8832, felt that a port,on of t~e Minutes should be amended for clarity. MOTION The General Manager read Engineer Rowe's pro- posed amendment, and upon motion of Director Forrest, duly seconded by Director Disch, and carried unanimously, the Minutes of Septem- ber 24, 1973 at Page -3-, Paragraph 4, are amended as follows: "Consulting Engineer Rowe stated that at existing Plant 99 no electrical power exists. Providing power is extended to the first phase of the Buster Develop- ment (6½ acres,) 34 condominium units could be served. There are two altern- ates for serving the 6½ acres: Alternate one: Cost of $15,000 Alternate two: Cost of $45,000 "The $15,000 alternate would provide water service to the tract from tempo- rary facilities and fire flows from the existing reservoir. The $45,000 alternate would include permanent facilities with fire water available from the reservoir. "To furnish water to the 33 acres would require $60,000, including a fire pump. The $15,000 expenditure for the 6½ acres would not be applicable. The cost of oversizing the mains in the tract is approximately $20,000." RESOLUTION 1973.56 Resolution 1973.56 was presented to the Board DISTRICT ANNEXATION initiating annexation proceedings to LAFCo, 1973-8 CAUGUSTIN AND District Annexation 1973-8, Augustin and NORMA GUISA) Norma Guisa, 27707 Atlantic Avenue, Highland, California. MOTION Upon motion of Director Forrest, duly seconded by Director Wall, and carried unanimously, Resolution 1973.56 was adopted by the Board at this time. 1974 DUES HIGHLAND The General Manager indicated that Staff had CHAMBER OF COMMERCE received a notice from the Highland Chamber of Commerce that District's 1974 dues were due. MOTION Director Forrest made a motion that District pay the 1974 dues, provided that each and every Board Member receive a copy of the Chamber of Commerce's Newsletter to be mailed to their homes. The motion was duly seconded by Director Wall, and carried unanimously. -9- 11/12/73 NOVEMBER 12, 1973 ANNOUNCEMENT OF The General Manager announced that the Associa- ASBCSD NOVEMBER tion of San Bernardino County Special District's MEETING November Meetinq will be held on Monday, Novem- ber 19, 1973 at-the Holiday Inn, Ontario, Cali- fornia, and that the Cucamonga County Water District would be the host district. The pro- gram will be Supervisor Daniel Mikesell discus- sing "Transportation." MOTION Upon motion by Director Forrest, duly seconded by Director Littleton, and unanimously carried, that any Director wishing to attend, or any Staff Member authorized by the General Manager may do so at District expense. ANNOUNCEMENT RE ACWA The General Manager announced that the Associa- FALL CONVENTION tion of California Water Agencies' Fall Conven- tion would be held November 27 through 30, 1973 at the Disneyland Hotel in Anaheim. This was for information purposes only. POST-ELECTION The General Manager stated that the Board of PROCEDURE Supervisors did canvas the ballots of the elec- tion on November 12, 1973,~and it is now incumbent upon the Registrar of Voters to file the canvas with the District; that on or before November 26, 1973 District must ratify the election of the candidates; and that on or after November 30, 1973, the candidates may take office. MEETING OF WATER Director Disch, Chairman of the Water Committee, COMMITTEE AND FINANCE called for a meeting of that Committee on Friday, COMMITTEE RE TRACT November 23, 1973, 8:00 a.m. at District offices. 8871 - (DR. HANSEN) Director Wall, Chairman of the Finance Committee, called for a meeting of that Committee to directly follow the meeting of the Water Committee on Friday, November 23, 1973 at District offices. ADJOURNMENT There being no further business to come before the Board, President Stallwood adjourned the meeting at 10:00 p.m. Harold G. Rickert, Secretary Board of Directors R. E. Stallwood, President Board of Directors -lO- 11/12/73