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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 12/11/1972 EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING DECEMBER 11, 1972 CALL TO ORDER The Meeting was called to Order at 7:30 P. M. PLEDGE OF All those present joined in the Pledge of ALLEGIANCE Allegiance to the Flag of the United States of America ROLL CALL Directors Present: Disch, Forrest, Littleton, Stallwood and Wall Others Present: Gen. Mgr-Secretary Rickert; Asst Gen Mgr-Engineer Garcia; Auditor Hendricks; ~.~ Recording Secretary Kinzer; Consulting Engineer Rowe; Atty Robert Farrell; Gary Roberts and Burt Medlock of Elder Gulch Road MINUTES There being no additions or corrections to the Minutes of November 27, 1972, motion was made by Director Disch, duly seconded by Director MOTION Forrest and carried unanimously, to approve the Minutes as submitted. RESOLUTION 1605 The Secretary stated Resolution No. 1605 was the FINAL ACTION DIST. final action on Annexation 1971-1 for East ANNEXATION 1971-1 Highland Area Properties for water service to EAST HIGHLAND AREA the majority of property owners. He stated this PROPERTIES, MAJORITY was the areas formerly served by the East High- OWNERS, WATER SERVICE lands Domestic Water Company acquired by the District. He read the LAFC conditions and dis- played a map of each area being annexed and certified that all landowners owning land within the territory proposed to be annexed and all persons, counties, cities or Districts entitled to written notice were notified in accordance with tke law. He stated time and place fixed for this hearing had been properly publicized and posted and that this was the time to hear oral and written protests or evidence or objection presented or filed were to be heard and received. Gary Roberts and Burt Medlock, part owners of the property at 7207 Elder Gulch Road, East Higklands were present and although it was determined that their land was outside the boundaries being annexed, asked if they could enter a letter of protest. Attorney Farrell suggested the Board accept the letter as a courtesy although their property is outside the boundaries of the proposed annexation. MOTION Upon motion by Director Forrest, duly seconded COURTESY OF by Director Littleton and carried unanimously, ACCEPTING LETTER to accept the letter from Gary Roberts and Burt Medlock although the property, 7207 Elder Gulch Road, East Highlands, is not in the area covered by Annexation 1971-1. MOTION Upon motion by Director Wall, duly seconded by ADOPTING RES. 1605 Director Forrest and carried unanimously, Resolution No. 1605 was adopted. BARTLE WELLS ASSOC. The General Manager stated he had written to SO. CALIF. WATER CO. Ed Wells of Battle Wells Associates to ask status HIGHLAND SYSTEM of study being performed for the District regarding the Southern California Water Company, Highland System. The answer dated November 29, 1972 from Mr. Wells was mailed to each Director wherein he stated Consultant John Vande Pol assigned the study had left their company and asked if the District wanted them to proceed with the study. 1 12/11/72 December 11, 1972 MOTION Upon motion by Director Forrest, duly seconded BARTLE WELLS by Director Disch and carried unanimously, to terminate the contract with Bartle Wells Associates for a study on the Southern Calif. Water Company, Highland System and General Manager to notify Bartle Wells of this in terms set forth in his letter dated November 29, 1972. LAFC NO. 1257 The General Manager presented the LAFC Notice HEARING DEC. 20 of Hearing No. 1257 scheduled for December 20, DETACHMNT FM CSA 38 1972, north and south of 35th Street and east & 70 AND ANNEXING TO and west of Golden Avenue and detachment from CITY, 35TH ST. & County Service AReas No. 38 and 70 and annex- GOLDEN ation to City of San Bernardino, approximately 193 acres. He displayed a map of the area being annexed, on the visual screen and noted the entire area is within the District boun- daries. He advised the Board there were approximately 2800 people in the area and 896 dwelling units with an assessed value of an excess of five million dollars. He further indicated the only notice the people within the area would receive would be by a legal advertisement in one of the local papers as prescribed by law and he stated that in matters such as these on previous occasions, they have authorized mailing out notification to the users both within the effected area as well as the other persons of the District. MOTION After considerable discussion, motion was made by Director Forrest, duly seconded by Director Wall and carried by Roll Call Vote: the General Manager-Secretary was authorized to send notice on the LAFC Hearing No.1257 to all District users alerting them of the December 20th Hearing before the Local Agency Formation Commission and the area is being proposed for annexation to the City of San Bernardino and authorized Legal Counsel and General Manager to draw up letter to be mailed. Letter subject to review of Steering Committee with power to act if approved. ROLL CALL VOTE Ayes, Directors: Disch, Forrest, Littleton and Wall Noes, Director: Stallwood Directors ~2sent: None CHANGE ORDER NO. 3 The General Manager presented Pylon Inc. TO PYLON INC. Change Order No. 3 to their Contract for deleting CONTRACT moving fence at Plant No. 12 and adding pavement five feet west side of Plant 12, total being minus $51.4(]. He requested authorization for President and Secretary to execute Change Order. MOTION Upon motion by Director Disch, duly seconded by Director Wall and carried unanimously, author- ization was granted for President and Secretary to execute Change Order No. 3 to the Pylon Inc. Contract. CITY PLANNING Each Director was sent a copy of the Sun news- COMM REFUSE OPEN paper article of December 6 noting, "Planners ZONING ON 80 ACRES refuse to put "Open" zoning on Possible Park PATTON LAND TO CITY site", for the 80 acres east side of Arden Avenue for the City of San Bernardino proposed Park. The General Manager stated he called Mr. Perkins in General Services in Sacramento and they stated they would protest the zoning. This was information only with no action taken. EXTENSION OF TIME Each Board Member received a copy of Pylon Inc TO PYLON INC. letter dated December 8 whereby' they requested CONTRACT an extension of time on their Contract for 2 12/11/72 014 December 11, 1972 work at District Plants 11, 12, 28 and 40, due to recent rains. The General Manager stated that Staff concurs with their request due to weather conditions. MOTION Upon motion by Director Disch, duly seconded by Director Littleton and carried unanimously, to extend completion date of Pylon Inc. Contract to December 27 witk progress report on December 26, to the General Manager from Pylon. RES. 1607, RELEASE OF Resolution No. 1607 was presented as Release LIEN, SEMBROT of Lien for Delinquent Sewer Charges for John G. Sembrot, 26772 Bruce Street, Highland. The General Manager stated the Auditor had certified the Lien had been paid in full and recommended accepting the release of lien. MOTION Upon motion by Director Forrest, duly seconded by Director Disch and carried unanimously, Resolution No. 1607 was adopted. DISTRICT ANNEXATION Tke General Manager brought up the LAFC conditions 1972-3, FISCALINI in reference to District Annexation 1972-3, FGK MOBILE HOME PARK Enterprises Mobile Home Park whereby the City FGK ENTERPRISES " requested the area also be annexed to the City of San Bernardino. He also referred the question to Legal Counsel who had by previous Board action sent a letter to County Counsel requesting them to state the statutory provision giving LAFC tke authorization to request the District to initiate annexation proceeding on the same lands being requested for annexation to the District only. Attorney Farrell spoke on the matter and said the letter did not satisfy the question and that the District should object to this condition on future annexations where it is imposed. MOTION Upon motion by Director Forrest, duly seconded g by Director Wall and carried unanimously, to authorize the General Manager and Legal Counsel to submit a letter to County Counsel questioning some parts of the letter and to notify them that the District does not agree to their stated"arrangement by which property owners agree in writing to annex to the City of San Bernardino as suggested by the City and agreed by a District representative at the LAFC Hearing as a method to facilitate the intent of the LAFC Policy", to further clarify District's position on all future annexations where this condition may be imposed. RES. 1606, CONVEYANCE Resolution No. 1606 was presented accepting PIPELINE EASEMENTS FROM Conveyance of Pipeline Easements from Nevada NEVADA WHITECLIFF CORP. Whitecliff Corporation within Tract 8630. The IN TRACT 8630 General Manager stated the easements were for construction of water and sewer lines within undedicated roadways in Tract 8630 and recommended acceptance. MOTION Upon motion by Director Littleton, duly seconded by Director Disch and carried unanimously, Resolution No. 1606 was adopted. RESOLUTION 1604 Resolution No. 1604 was presented requesting DEDICATION OF SEWERS acceptance of Dedication of Sewers by Vespar VESPAR DEV. IN Development Company in Tract No. 8349, Bill TRACT 8349 Buster Jr. developer. The General Manager stated the sewer line have been installed to District specifications by the developer and inspected by the District's consulting engineers who have certified to their completion. He recommended acceptance of the Dedication of Sewers. MOTION Upon motion by Director Forrest, duly seconded by Director Littleton and carried unanimously, Resolution 1604 was adopted. 3 12/!172 December 11, 1972 OVERTON & JONES Auditor Hendricks stated Overton and Jones were pas~ PAST DUE ACCOUNT due $1,063 for agriculture water to citrus grove at IRRIGATION WATER Base Line and Boulder Avenues and suggested Legal Counsel initiate legal proceeding against them to collect the amount due the District. MOTION Upon motion by Director Wall, duly seconded by Director Forrest and carried unanimously, to authoriz, Staff and Legal Counsel to initiate legal proceeding against Overton and Jones for the past due account of $1,063.12 after December 15, 1972 if account has not been paid. HUNTLEY PROPERTIES Each Board Member was presented a copy of Huntley REQUESTS, FOR 1757 Properties letter of December 8 regarding property E. HIGHLAND AVE. at 1757 East Highland Avenue, requesting termination of sewer charge for period the building is being re- constructed for another business and to consider adjustment of delinquent sewer account outstanding. The General Manager stated this was where the Sweden House was formerly operated and it is being recon- structed to open at later date. The building is presently receiving water service from the District. he recommended cutting down the monthly sewer charge during this reconstruction period as the present sewer rate is based upon seating capacity and is approximately $68 each month. MOTION LOST Director Forrest motioned both requests be denied. Motion lost for lack of second. MOTION After further discussion, Director Littleton motioned, duly seconded by Director Disch and carried by Roll Call Vote, that Huntley Properties at 1757 E. Highland Aveneu, pay the sewer fee at $3.50 for four months or date license is received to reopen for business and delinquent sewer account be paid in full by Huntly Properties. ROLL CALL VOTE Ayes, Directors Disch, Littleton, Stallwood and Wall Noes, Director: Forrest Directors Absent: None NEXT BOARD MEETING The General Manager stated the next Regular Board TO BE HELD DEC. 26 Meeting fell on Ckristmas and noted per water code the meeting should be held December 26, 1972 and a proper notice of the meeting would be posted in accordance with the law. ESB~D VS CITY OF Attorney Farrell stated he received notice of SB, CASE 152393 charges for Clerk and Reporters Transcripts in TRANSCRIPTS the amount of $416.25 in the lawsuit of the East San Bernardino County Water District versus City of San Bernardino case No. 152393. He stated the District should pay the charges. MOTION Upon motion by Director Disch, duly seconded by Director Littleton and carried unanimously, to auth- orize payment of' $416.25 to County Clerk for noted Transcripts upon recommendation of Legal Counsel. STEERING COM34ITTEE Director Disch, Chairman of the Steering Con~mittee MEETING CALLED called a meeting at 4:30 P. M. December 13 at the District Office to discuss the mailing our prepar- ation of a letter to be mailed to District customers regarding an area to be annexed to the City of San Bernardino and the Hearing before LAFC (No. 1257). ADJOURNMENT There being no further business to come before the General Meeting, adjournment was declared at 9:10 P.M. ~ ~Harold G. Rickert, Secretary Board of Directors Approved R. E. S~allwood, Presi~en~c~ 4 12/11/72