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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 10/29/1974 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING OCTOBER 29, 1974 MINUTES The meeting was called to order by President CALL TO ORDER Disch at 7:00 p.m. The President led those in attendance in the PLEDGE OF ALLEGIANCE Pledge of Allegiance to the Flag of the United States of America. Directors Present: Disch, Stallwood, Littleton, ROLL CALL and Wall Others Present: General Manager Rickert; Auditor Hendricks; Attorney Robert Farrell; Charlie Cole, representing CM Engineering Associates; and Record- ing Secretary Eastwood. There being no additions or corrections to the MINUTES OF ADJOURNED Minutes of the Adjourned Regular Meeting of REGULAR MEETING OF October 10, 1974, upon motion of Director Wall, OCTOBER 10, 1974 duly seconded by Director Stallwood and carried unanimously by those Directors present, the Min- utes were approved as submitted. Director Norman Forrest arrived at 7:05 p.m. DIRECTOR FORREST ARRIVES The General Manager indicated to the Board EAST SAN BERNARDINO that the five year statute of limitation would COUNTY WATER DIST- be running out on the North Fork Water Company RICT vs NORTH FORK condemnation suit and he had notified Attorney WATER COMPANY CON- Green. A letter had been received from Attorney DEMNATION SUIT NO. Green ( copy forwarded to each Board Member with 129025 agenda) stating refiling of the condemnation suit between the District and North Fork Water COmpany should be considered. Attorney Green had included Ordinance 29'8 to be adopted by the Board, thus enabling him to refile a Complaint in said suit, if it were the desire of the Board Members. Attorney Farrell commented that this action would put us ahead of any other entity in the event they filed a condemnation suit on North Fork Water Company. Upon motion of Director Wall, duly seconded by MOTION Director Littleton, Ordinance No. 298 was adopt- ed as submitted upon recommendation of Attorney Denslow Green for refiling of condemnation suit on the following roll call vote: Ayes: Directors Disch, Littleton, Stallwood Forrest and Wall Noes: Absent: None The General Manager stated he had received a let- CORRESPONDENCE FROM ter from Attorney Green re the pending condemna- ATTORNEY GREEN RE tion action of Bear Valley Mutual Water Company DISTRICT JOINING and the condemnation of Big Bear Lake. (A copy of PENDING CONDEMNATION letter forwarded to each Board Member with agenda). ACTION - BEAR VALLEY He reminded the Board that several years ago the MUTUAL WATER CO. -1- 10/29/74 District, as well as North Fork Water Com- pany, had asked Attorney Green to intervene in this action and the Attorney for the Plaintiff, Big Bear Municipal Water District, had made a motion to have our.intervention stricken, and the motion was approved by the Judge. Thereafter, it was appealed and this was also denied. Attorney Green indicated a new Judge had been appointed to hear the case and a new attorney would be handling said case for the Plaintiff. Attorney Green advis- ed the Board to set tight and not join in now, but force the Plaintiff to bring the District into the action, thus plaintiff will have to pay attorney fees for both North Fork and the District. MOTION Upon motion of Director Stallwood, duly second- ed by Director Wall and carried unanimously, the District accepted Attorney Green's recom- mendation that the District not join in condemnation action at the preseot time and the Secretary was to so notify Attorney Green. CLAIM FOR DAMAGES The General Manager stated that the District TO REAL PROPERTY had received a Claim For Damages To Real Prop- ONIE DeVAUGHN, 6680 erty and Related Damages from Attorneys Tomli- ROCA CIRCLE, S.B. son & Steinman re Onie DeVaugh~, 6680 Roca Circle SV-2585 in the amount of $30,000. He also stated that the District had received a recommendation from Crawford and Company, a~justers representing St. Paul Insurance Company through Morgan & Franz who handles the District insurance, stat- ing that the District should deny both claims. Onie DeVaughn had previously presented the District with a claim on July 29, 1974, but had not indicated the amount of the claim. ~=~ MOTION Upon motion of Director Forrest, duly second- ed by Director Wall and carried unanimously both of the claims for damages to real proper- ty of Onie DeVaughn were denied as recommended by the insurance adjuster, Crawford and Company. CORRESPOnDeNCE FROM The General Manager indicated that a letter ARNOLD STUBBLEFIELD had been received from Arnold Stubblefield, RE MONTHLY SEWER dated October 7, 1974, in which he stated the CHARGES LEVIED ON San Bernardino City Council had voted that UNOCCUPIED TRAILER monthly sewer charges would only be made on SPACES WITHIN MT. occupied trailer spaces and the Joint Power SHADOWS MOBILE HOME Agreement between the City and the District PARK would be revised to allow the same. The Gen- eral Manager stated that to,this date he had not been informed by the City that such action had been taken. That until such time as the District receives official notification in writing from the City of San Bernardino, he was recommending to the Board that the Dis- trict continue to charge Mr. Stubblefield the usual sewer charges in accordance with Dis- trict Ordinance. Mr. Stubblefield also stated that he had refunds due him for past sewer monthly charges on the Mobil Home Park that he paid. Auditor Hendricks stated that Mr. Stubblefield is presently three months in arrears, that within the next ten days if pay- ment is not made, his service is due to be locked off. Discussion ensued indicating that the Stubblefield sewer service should be -2- 10/29/74 treated the same as any other DistrSct customer and be locked off if the bill is not paid. Attorney Farrell was questioned as to any action taken by the Mayor and Common Council with regards to billing of unoccupied spaces within mobile home parks. After considerable discussion upon motion of Direct- MOTION or Littleton, duly seconded by Director Forrest and carried unanimously, all action regarding charges levied on occupied spaces in mobile home parks be tabled until receipt of confirmation in writing from the City as to any official action they may have taken on the matter; also, to reaffirm the Dis- trict's position to abide by Ordinance 291 to charge for all spaces in mobile home parks, regardless of whether or not they are occupied. A~torney Farrell be directed to contact the City. Attorney and ascertain the action of the Council on the matter and the General Manager be directed to notify Mr. Stubblefield by letter of the action of the Board. The General Manager stated that he had received MAILING FOR PARK work that the Ad Hoc Committee was requesting & RECREATION their~brochure be mailed with the District broch- BROCHURE ure as there were legal ramifications they were not prepared to deal with if the procedure was followed as set forth in Resolution 1974.50. Attorney Farrell stated that Dennis Johnson of the Ad Hoc Committee had called him and stated they had been made aware of the fact that should the District pay for the mailing of their brochure the Ad Hoc Committee would be requested to file a Campaign Statement with the County Clerk disclosing the expenditure, as it was a gift of public funds. He inquired as to the possibility of mailing the Ad Hoc Committee brochure with the District brochure. All members of the Board were contact- ed with the exception of Director Wall who was ou~ of town, and they agreed that the brochure could be included with the District's, if the stuffing was accomplished by other than District employees. It was reported by the Staff that the cost of mailing the District brochure would be the same, .061 cents each, with or without the Ad Hoc brochure. Attorney Farrell advised the Board members it would be necessary to rescind Resolution No. 1974.50, which involved paying the Highland Postmaster for the mailing of the Ad Hoc Committee's brochure on Zone P-1 Park and Recreation District and adopting Resolution No. 1974.51, allowing the brochure to be mailed in con~unction with the District brochure. The General Manager presented a post card which he had received from Wm. H. Clinton, Registrar of Voters inquiring as to the filing of a campaign statement in conjunction with the con- tribution to the Ad Hoc Committee which the Registrar of Voters thought had been made. The Registrar of Voters was advised that a contribu- tion at that time had not been made. After considerable discussion, upon motion of MOTION Director Forrest, duly seconded by Director Stallwood and carried unanimously Resolution No. 1974.50 was rescinded and Resolution No. 1974.51 was adopted as recommended by legal counsel. -3- 10/29/74 ACWA 1974 FALL The General Manager presented to the Board CONVENTION a brochure on the 1974 Fall Convention for ACWA being held at the Marriott Hotel in Los Angeles on December 3 through 6, 1974. MOTION Upon motion of Director Forrest, duly second- ed by Director Littleton and carried unanim- ously authorization was given for any Board Member or staff member designated by the General Manager to attend the ACWA Convention in Los Angeles on December 3 through 6, 1974, at District expe~s'e. CORRESPONDENCE FROM The General Manager presented to the Board DICK REIKER, CM a copy of a letter from Dick Reiker of CM ENGINEERING RE GRANT Engineering, dated October 17, 1974, that PROGRAMS he had sent to Congressma.n, Fred B. Rooney, Was,hin.g~n.D..C..regal.d-lng a court order re- activating the HUD grant program for water and sewer facilities, together with an answer from HUD regarding the District's request for a grant for a water treatment facility, which he had received. The letter to Congressman Rooney was sent to familarize him with the Distri]ct's desire to participate in the HUD grant program and the fact they had made an application for funds. This item was for information only. CORRESPONDENCE FROM The General Manager referred to a letter, a ALFRED E. ALQUIST, copy of which had been mailed to all Board STATE SENATOR RE Members, from Alfred E. Alquist, State Sbna- AB 1483 tot, in which he informed us that AB 1483, a bill re sales tax on insurance premiums, had been killed in the Senate. For informa- tion only. CSDA 6TH ANNUAL The General Manager presented to the Board CONFERENCE a brochure re the 6th Annual Conference of California Special Districts Association on November 20-22 in Fresno, California, which included a Post Conference Prog~a~m at Yosemite National Park. MOTION Upon motion of Director Forrest, duly second- ed by Director Wall and carried unanimously authorization was made for any Director or Staff Member designated by the General Mana- ger to attend at District expense the 6th Annual California Association Conference on November 20, 21 & 22, 1974, in Fresno, Calif- ornia which also includes the Yosemite Post Conference Program. FINANCIAL STATEMENT Auditor Hendricks presented the Financial FOR JULY, AUGUST AND Statement for July, August and September SEPTEMBER, 1974 to the Board for their review. This item was for information only. AWWA LAPEL PINS The General Manager indicated to the Board that he had received a brochure from AWWA presenting an emblem pin for lapels. After MOTION discussion by Board Members and upon motion of Director Wall, duly seconded by Director Littleton ~nd carried unanimously, it was authorized that the AWWA lapel pins be pur- chased for members of the Executive Staff at a cost of $3.00 each. -4- 10/29/74 The General Manager stated that a copy of a CM ENGINEERING memorandum of the Water Committee meeting on REPORT ON PERRIS the Perris Hill Water System study, prepared HILL WATER SYSTEM by CM Engineering, had been madled to all Board Members. He noted that Colonel Cleveland had stated to the Committee that presently the property owners are receiving an adequate supply of water, but they are concerned with the cost they are asked to pay to Mr. Widmeyer at this particular time.. After discuss'ion on the matter.and,upon~motion of MOTION Director Littleton, duly seconded by Director Wall ~ and carried unanimously the General Manager was instructed to send a copy of the Consulting Engin- eer's report on the Widmeyer Wa~en System, on Perris Hill to each of the property-owners, so tha't they could be informed of the.cos~t, to upgrad~_,~hei~ , system into a first rate system by the Dfstrict. The General Manager indicated to the Board that in APPRAISAL OF SUNNY- the~a~sence of Joseph A. Rowe, CM Engineering, SIDE MUTUAL WATER whom the Board had requested to prepare an appraisal COMPANY BY CM ENG- of the Sunnyside Mutual Water Company and present to INEERING them with a recommendation at the October 29 Board Meeting, Charlie Cole was present to make such pre- sentation. Copies of the report had been presented to each Board Member and Mr. Cole reviewed the entire report with them. The general concensus was that although the service area is out of the District boundaries, and inview of the condition of the mains and physical properties that water extractions are sufficient to meet District water formula require- ments and the existing District facilities adjacent to the Mutual are sufficient to properly serve domestic water to the Mutual's property owners in a short con- struction time period at an estimated cost of ~m~ $100,000.00, which would provide the Mutual with a new water distribution system, including water mains, fire hydrants and service lines to the property lines. The General Manager indicated the Environmental Improve- ment Agency had been contacted and are aware that the problem is being considered by the District and have granted an extension on the time to make repairs or replace their system. Director Forrest excused, from the meeting at 8:45 p.m. DIRECTOR FORREST EXCUSED Upon motion of Director Wall, duly seconded by Director Stallwood and carried unaminously by those M~TION Directors present, Staff, Engineers and Legal Counsel will investigate and make recommendations for formation o4 an Improvement District and the most economical and best method to finance the installa'tion of a replacement system, at the November 11, 1974, Board Meeting; to notify the Sunnyside Mutual Water Company of such action and make available a copy of the Engineer's study to the Mutual and the Environmental Improvement Agency. Dl~ector Wall excused from the meeting at 8:55 p.m. DIRECTOR WALL EXCUSED General Checks 848 to 1001 $305,472.34 APPROVAL OF WARRANTS Payroll Checks 25,187.07 WATER AND SEWER DIVISION Upon motion of Director Stallwood, duly seconded by Director Littleton and carried unanimously -5- lO/29/74 by those Directors present, the warrants were approved as submitted. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m.  ~/~i~cretary Board of Directors 10/29/74