Challenging director vacancies and pipeline completion consume FVWD meeting
By JP Crumrine
Correspondent
Last Thursday, the Fern Valley Water District’s (FVWD) Board of Directors held both a special meeting to choose a new director and a special regular meeting. The board had to cancel its November regular meeting because of the lack of a quorum. It also planned to cancel its next regular meeting, which would have been Dec. 21, because of its proximity to the Christmas holidays. This special meeting addressed business items for both meetings.
Besides approval of past minutes and financial reports, the only action taken was approval of a $500 Christmas bonus for each staff member. In 2022, the board increased the bonus from $250 to $500, but did not want to make another increase this year.
The directors did discuss a letter, which was printed in the Nov. 23 edition of the Town Crier, from district constituents Danny and Colleen McDonald.
The McDonalds expressed concern and disagreement with the FVWD board’s intention to appoint a person, rather than call a special election, to replace former Director Gary Erb, who resigned in October. As a landowner district, they argued that all directors should be chosen by voters and not the board.
They have had previous discussions and exchanges of letters with the board about this issue. In 2017, General Manager Victor Jimenez and FVWD’s general counsel responded to a similar expression of a lack of elections to fill vacancies.
“While we concur that the Uniform District Election Law applies to the District’s elections,” wrote Ward Simmons of Best, Best and Krieger, FVWD’s general counsel. In his 2017 letter, Simmons stated that the California Water Code specifies the process for filling vacancies between elections.
Section 1780 (a) of California’s Water Code specifically states, “Notwithstanding any other provision of law, a vacancy in any elective office on the governing board of a special district, … shall be filled pursuant to this section.”
After notifying the county’s registrar of voters, “The remaining members of the district board may fill the vacancy either by appointment pursuant to subdivision (d) or by calling an election pursuant to subdivision (e),” reads section 1780 (c), which is what the FVWD has consistently done when filling vacancies between elections.
The district has 60 days to appoint a replacement. If this occurs before half the term has occurred, then the seat will be on the ballot at the next general election. If it is after half the term, the appointee will complete the term and then must stand for election to a full term.
If a district cannot make a decision for a new board member, the Riverside County Board of Supervisors can appoint a replacement. If it fails to fill the seat, then a general election will be held. Idyllwild Water District (IWD) chose this path after former Director Gene Schneider resigned in March 2023. The board did not choose a replacement and neither did the supervisors. Now IWD voters will make the decision.
In more than 15 years, FVWD has not had to hold a general election to fill a board seat. FVWD can hold general elections in August of odd number years. One election would be for three seats and two years later for the other two seats. At least since 2009, the number of candidates has never exceeded the number of seats to be on the ballot, therefore, the registrar of voters recommends that the supervisors simply appoint those candidates, saving the cost of an election.
After discussing their procedures for filling a vacancy, the board agreed that its counsel should reply to the McDonalds.
In water business, Jimenez reported that production in both October and November was slightly greater than those months in 2022. The district is still able to divert stream flow from both Tahquitz and Strawberry creeks for most of its water needs. Groundwater usage was about 10% compared to nearly 50% a year ago.
Total production from January through October was 28.3 million gallons, which is 4.6% greater than production from the same period in 2022, but 5.8% less than the average for the first10 months of the previous five years.
During the discussion of expenses, Jimenez credited timers on the wells for the $1,000 reduction in the electric bill. The timer equipment installed on the wells shuts off well production during peak hours between 4 p.m. to 9 p.m.
He also noted that the 14.1% of unaccounted-for water was up this year. However, “There are more leaks this year because of the pipeline repair,” Jimenez told the board. “But there are fewer long going leaks. We repair those as soon as noted. But the pipeline completion used more flushing of water.”
He also reported on the completion of the pipeline work this year and wrote, “The project went very well despite more rock-related delays than expected … The final cost to complete the project and the additional 75 feet of 8-inch main on Glen was $1,198,470.31 resulting in a savings of $66,529.69 from the budgeted amount.”
El-Co Contractors was definitely a good partner, Jimenez opined. It also aided the district during the time FVWD’s backhoe was broken. El-Co helped to transport it for repair and loaned a backhoe during that period.