Loading...
HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 11/26/1963Boyd of Valley Publications; Spencer Sparks and Don Twomley of the Southern California Water Company; Contractor Michael C. Mize; Realtors, John and Jim Fiscalini and Richard Corwin; Constituents, John Bright and Jens Morley. MINUTES The President inquired if all members had re- ceived and read the minutes of the meeting of November 12, 1963 which had been mailed to them. MOTION Upon motion by Director Disch, duly seconded by Director Wall and carried unanimously, the minutes of the regular Board Meeting of Novem- ber 12, 1963 were approved with one correction on page 5, line 25, the salary rate for Mr. Earl D. Lyons should be $631.00 per Mo. instead of $361.00 per Mo. BID OPENING - The President announced that this was the time WATER MAINS AND and place to open bids for the installation of APPURTENANCES IN water mains and appurtenant facilities in Tract TRACT 6986 6986, Hansel (Lester Diversified) developer. LESTER DIVERSIFIED The following sealed bid was opened and read by the Secretary: 1. Michael C. Mize, Contractor $4,258.58 Engineer's estimate $4,060.00 After reviewing the bid proposal and verifying the accuracy of the figures, the engineers recommended the acceptance of the bid of Michael C. Mize subject to the advice of legal counsel. MOTION Upon motion by Director LeVesque, duly seconded by Director Wall and carried unanimously, the bid of Michael C. Mize was accepted in the amount of $4,258.58 subject to the advice of legal counsel and the President and Secretary were authorized to execute a contract on be- half of the Distr±c~. SPECIAL EQUIPMENT The Fireman's Fund Insurance policy with INSURANCE POLICY Morgan & Franz expires on November 27, 1963. RENEWAL WITH MORGAN The amount of the policy is $4,100.00 with a FRANZ one year premium of $51.25. MOTION Upon motion by Director Forrest, duly seconded by Director LeVesque and carried unanimously, the Fireman's Fund Insurance policy covering special equipment, with Morgan & Franz is to be renewed for one year at $51.25. RESOLUTION NO. 536 Engineer Joseph Rowe reported that "Among the CALLING SPECIAL special benefits to the improvement District ELECTION IN would be the availability of public water for IMPROVEMENT domestic and fire protection purposes. Also DISTRICT NO. 1 among special benefits is the possibility of long term financing through the improvement ENGINEER ROWE district. Included in the special benefits is REPORT the existence of a water main of sufficient size adjacent to the Improvement District to afford public water service for the domestic and fire protection purposes in the area. Also of benefit to the Improvement District is the right to acquire rights in public facilities. Now, regarding the project, we have it divided into two separate categories: One is within Nov. 26, 1963 the Improvement District itself. Within the Improvement District there are facilities that need to be installed, but first the Improvement District would have to obtain a right in the existing facilities. The estimated cost of obtaining rights in these facilities is $1,500.00. A six inch main extension would be necessary. The estimated cost of the main extension is 1,125.00. Ten water services would be neces- sary at an estimated cost of $75.00 each or a total of $750.00. The total would be $3,375.00 and we have used a rounded figure of $3,500.00. Also under the project are anticipated annexa- tions. Additional sums of money required to provide anticipated water service as the water service requires, results in additional financing. Long-term financing would be made accessible to acquire rights and existing facilities to cause the improvement to be installed. All financing would be self-supporting with no need for taxa- tion for maintenance and operation or debt service. We estimate that the total cost of the original improvement district and anticipated annexations for the first three years or so would be $2,000,000.00. Resolution No. 536 was read in its entirety by the President. It calls for a Special Election to be called in Improvement District No. 1 of the East San Bernardino County Water District for the purpose of submitting to the qualified voters of the Improvement District the Propo- sition of Issuing Revenue Bonds under the Revenue Bond Law of 1941 to Provide Funds for the Acquisition, Construction, Improving and Financing of an Enterprise Consisting of Works for Obtaining, Conserving, Treating and Supply- ing of Water, Declaring the Principal Amount of the Bonds and the Maximum Amount of Interest to be Paid Thereon, and Providing for Notice Thereon. WATER PROJECT RESOLVED, by the Board of Directors of the East San Bernardino County Water District, San Bernardi.no County, California, as follows: 1. A special election is hereby called and ordered and will be held in Improvement District No. 1 of the East San Bernardino County Water District on Tuesday, the 21st day of January, 1964, at which election shall be submitted to the qualified voters in the Improvement District the proposition of issuing revenue bonds pur- suant to the Revenue Bond Law of 1941 of the State of California, for the purpose of provid- ing funds for the objects and purposes set forth in the following proposition, to wit: PROPOSITION: "Shall Improvement District No. 1 of East San Bernardino County Water District issue revenue bonds in the principal amount of Two Million Dollars ($2,000,000.00) for the acquisition, construction, improving and financ- ing of an enterprise to consist of a water supply, storage and distribution system for the purpose of obtaining, conserving, treating and supplying water within the Improvement District for the inhabitants thereof for domestic, irri- gation, sanitation, industrial, fire protection, recreation, or any public or private use, in- cluding the acquisition of lands, easements and facilities necessary therefor, and all costs Nov. 26, 1963 incidental thereto, pursuant to the Revenue Bond Law of 19417" 2. The amount of debt to be incurred is 2,000,000.00, including all costs and estimated costs incidental to or connected with the acqui- sition, construction, improving or financing of the enterprise and all engineering, inspection, legal and fiscal agent's fees, costs of the bond election and of the issuance of said revenue bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed twelve months after completion of construction. 3. The principal amount of the bonds to be issued therefor is $2,000,000, and the rate of interest to be paid on the bonds shall not ex- ceed six per cent (6%) per annum, payable semi- annually. 4. The Board of Directors does hereby submit to the qualified voters of the Improvement District, at the Special Improvement District Election, this resolution and the proposition set forth in Section 1 hereof. The Board of Directors proposes to issue and sell revenue bonds of the Improvement District in the amount and for the objects and purposes specified in the proposition if a majority of all the voters voting on the proposition vote in favor thereof. 5. The bonds are to be revenue bonds, payable exclusively from and secured by the revenues of an enterprise consisting of a water supply, storage and distribution system of the Improve- ment District, together with all additions and improvements to said system hereafter made, and are not to be secured by the taxing power of the Improvement District, and the East San Bernardino County Water District and its offi- cers and the Improvement District shall not be under any obligation to pay same excepting from said revenues. 6. All of the bonds of this issue are equally and rateably secured, without priority, by a lien upon the revenues herein pledged to the payment thereof. 7. That said Special Improvement District Election shall be held and conducted, the votes thereof canvassed, the returns thereof made, and result thereof ascertained and determined as herein provided; and in all other particulars not prescribed by this resolution the election shall be held and the votes canvassed pursuant to law for general District elections. 8. That the Improvement District lies within and constitutes all or part of the following San Bernardino County Election Precincts as last established by the Board of Supervisors of the County of San Bernardino for general elec- tions, reference for further description being thereto made: HIGHLAND PRECINCT NO. 7 9. That there shall be one (1) precinct for said election, consisting of a consolidation of the said County Election Precincts. The polling Nov. 26, 1963 President and Secretary authorized to execute a Notice of Completion for Recording purposes. RESOLUTION NO. 541 Resolution No. 541 was presented for accept- ACCEPTING GRA~T DEED ance of a Grant Deed and Deed & Conveyance of AND DEED & Water Rights from the Southern California CONVEYANCE OF WATER Baptist Convention, a non-profit corporation, RIGHTS IN THE as "Grantor, for valuable consideration, WHITTEMORE WELL receipt of which is hereby acknowledged, hereby grants and conveys to the East San Bernardino County Water District, as Grantee, the following described real and personal property situated in the County of San Bernardino, State of California: 1. An undivided 6/60 or one-tenth interest in and to the West 20 feet of the East 90 feet of the North 29.71 feet of Lot 9 of Allison and Rochet subdivision, as per plat recorded in Book 8 of Maps, Page 28, records of San Bernardino County. TOGETHER WITH a like undivided 6/60 or one-tenth interest in the well, pumping plant, pipeline and all personal property and equipment situated thereon.' TOGETHER WITH all appropriative and pres- criptive water rights acquired, owned or held by Grantor arising out of or in any manner connected with the use or the fractional ownership of said pump and well by Grantor or its predecessors in interest. 2. A right of way for the installation, re- placing, repairing and maintaining of a water pipeline under the following described property; The North 10 feet of Lots 8 and 9 of Allison and Rochet Subdivision, as per plat recorded in Book 8 of Maps, Page 28, Records of San Bernardino County. EXCEPT the Easterly 90 feet thereof, as an appurtenance to the following described pretty: Lots 5 and 6, Allison and Rochet subdivision, as per plat recorded in Book 8 of Maps, Page 28, Records of said County. Also the West 1/2 of certain unnamed street or road adjoining said lots on the East, which street or road was vacated and abandoned by order of the Board of Super- visors of San Bernardino County, California, on March 3, 1896." MOTION Upon motion by Director LeVesque, duly seconded by Director Wall and carried unanimously by roll call vote, Resolution No. 541 Accepting Grant Deed and Deed and Conveyance of Water Rights from the Southern California Baptist Convention, was adopted. AYES, and in favor thereof, Directors: Botts, Disch, Forrest, LeVesque, Wall. NOES, Directors; None. ABSENT, Directors: None. REPORT OF WATER The General Manager-Secretary reported for the COMMITTEE REGARDING Water Committee, Attorney Denslow Green and WATER SHARES AND/OR the Staff who studied the matter of requiring WELL REQUIREMENTS water shares and/or well requirements for ON AREAS REQUESTING areas requesting annexation to District for ANNEXATION FOR sewer service only. The recommendations for SEWER SERVICE ONLY the formulation of a Policy in such cases is that such annexations be allowed providing subdividers convey to District, under the same formulas as for water, enough shares and/ or well rights to deliver three(3) acre feet of water per acre. North Fork would be 3 shares per acre or 30 shares for 10 acres. Bear Valley would be 15 shares per acre or 150 shares for 10 acres. A request for sewer service only by a subdivider would be turned over to the staff to determine whether or not it would be economically feasible to serve sewer only or better to serve sewer and water. Where annexation is requested for sewer service only, the District would pay 5~ of the cost of the water shares at the current market value. In the event the Staff's studies indicate the area could be served both water and sewer, they would, in their report, recommend same and state off-site costs and water share requirements. The Deed and Agreement for overlying water rights in trust would still be required. Such report by the staff to the Board would take a minimum of 30 days and a maximum of 45 days. MOTION Upon motion by Director LeVesque, duly seconded by Director Forrest, the above recitation by the General Manager is to be adopted as policy. AMENDMENT Upon motion by Director LeVesque, duly seconded by Director Forrest and carried unanimously, an amendment to the above motion recommended that the above policy be put in the form of a Resolution, No. 542, and brought to the next Board Meeting for final acceptance. ADOPTION Following this amendment, the original portion of the motion was then unanimously approved. JOHN AND JIM The President then recognized John Fiscalini FISCALINI who was present in the interest of Tracts RECOGNIZED BY 7033 and 6707, both of which had applied for CHAIR annexation and service for sewer only, the water to be supplied by Southern California Water Company. Mr. Fiscalini felt that since requests had been made for sewer service on these two tracts, that they should be handled under the old policy, not under the new policy. On Tract 6707, Mr. Myerscough was under the impressing that his two days in the Highland Well Company would take care of the water requirements. However, it was pointed out that engineering studies would have to be completed as it is not known what the well is producing or what would be the amount of water delivered under the two days ownership in the well. A copy of the escrow instructions on the purchase of the property should be made available to the District to determine shares or days acquired in the Well Company. Associate En- gineer, Cole, gave some facts known as a preliminary report on Tract 7033 and stated that a complete written report will be ready for next Board Meeting on December 10, 1963. JIM FISCALINI The President then recognized Mr. Jim Fiscalini RECOGNIZED Nov. 26, 1963 and Mr. Richard Corwin who were interested in the development of tracts north and east of Base Line and Palm where a sewer extension was voted some time ago but depending upon the annexation of the corner property which has never been completed. This land again is wanting sewer only and Southern California Water Company water. The staff is to work with these gentlemen on their problems. MR. BRIGHT AND The President next recognized Mr. Bright and MR. MORLEY Mr. Morley who are already within the district RECOGNIZED and wanting water. They were informed that the District could possibly waive the payment of main extension charge of $2.25per front foot for their properties in exchange for their water rights and rights to water without the equipment or well site, with permission for District to cap the well in such a manner as to provide for observation of the water elevation. Cost of service installation, however, would be at the expense of Mr. Bright and Mr. Morley. MOTION Upon motion by Director LeVesque, duly seconded by Director Wall and carried unanimously, Attorney Henry is authorized to draw up the necessary Deed and Conveyance of Water Rights if Mr. Bright and Mr. Morley agree to the exchange of their water rights and rights to water for the main extension to their properties with the under- standing that they pay for service installation. FINANCIAL REPORT The directors were referred to the copies of FOR MONTH OF the financial report for the month of October OCTOBER 1963 which were at their places, and after a comment or two by Auditor Bragg, were advised to take the copies with them to be studied in order to be familiar with the financial position of the District at all times. APPROVAL OF The President asked for approval of the warrants WARRANTS as follows if all directors had reviewed them. Water Division 3219 - 3319 (General) $69,495.99 101 - 155 (Payroll) 10,713.31 $80,209.30 Sewer Division 414 - 455 $42,917.64 MOTION Upon motion by Director Wall, duly seconded by Director Forrest and carried unanimously, the warrants were approved as submitted. REPORT BY The following report was given by Director COMMITTEE ON Forrest for the special committee which in- REQUEST BY SECURITY vestigated the possible transfer of a portion BANK FOR ACCOUNT of District Funds to the Security First National Bank at Highland and Del Rosa. Your Committee reviewed the current cash position of District funds. It is our recom- mendation that a minimum of $25,000.00 be placed on deposit with the Del Rosa Branch of Security First National Bank on December 26, 1963 in the form of Certificate of Deposit to mature in six months at current interest rate of 3.75 per cent per annum. Transfer of funds to be made providing said Bank complies with rules of District requiring necessary securities be pledged to secure the deposit. This cer- tificate to be renewed at maturity date unless Board of Directors rescinds its action." Nov. 26, 1963 Signed by Directors Forrest and Disch, and Auditor, Bragg. MOTION Upon motion by Director Forrest, duly seconded by Director Wall and carried unanimously, the recommendation of the committee as stated above was approved. GENERAL WATER DISCUSSION - The President read a letter from the San LETTER FROM S.B. Bernardino Valley Water Conservation District VALLEY WATER regarding defending well owners within the CONSERVATION Conservation District in the recently filed DISTRICT Orange County Water Suit. The letter was self-explanatory and required no action. LETTER FROM S.B. The President then read a letter from the VALLEY MUNICIPAL San Bernardino Valley Municipal Water District WATER DISTRICT regarding defense of those water entities within their District. The President stated that this District is cooperating with the Valley District in the overall defense of the water suit and do not wish to cast our lot with the Conservation District. Director LeVesque suggested that a letter be sent to the Conservation District telling DEFENSE OF OUR them "No thank you." We should also be willing RIGHTS IN MUTUALS & to represent any of the water companies in WATER COMPANIES IN which this District owns stock if they do not ORANGE COUNTY have representation. It was also felt that WATER SUIT the East'San Bernardino County Water District should represent anyone who would give the District water rights in wells which they have. MOTION Upon motion by Director LeVesque, duly seconded by Director Forrest and carried unanimously, this District is coordinating with the Valley Water District through our attorney, Denslow Green, and our Engineer, Joseph A. Rowe. W. P. Rowe is the overall engineer. MOTION Upon motion by Director LeVesque, duly seconded by Director Disch and carried unanimously, this District will defend our rights in mutuals and water companies in the Orange County Water Suit through Attorney Denslow Green, also well owners or people within our District providing they dedicate their water rights and rights to water for District use when they no longer use the well. LETTER FROM ATTORNEY Attorney Henry briefly stated the information in HENRY REGARDING his letter of November 20th, 1963 regarding the DISTRICT FURNISHING furnishing of water by the District to lands WATER OUTSIDE OF outside of the District. He determined that DISTRICT District is permitted to supply water to con- sumers outside of the District hinging on annexation petition signing and payment of Annexation fee. No action necessary as this has been customary procedure. LETTER FROM ATTORNEY The President read a letter from Attorney HENRY REGARDING Henry dated November 20, 1963 which was BOARD MEETING OF briefly explained by Attorney Henry to the DECEMBER 24, 1963 effect that the Board Meeting, according to lawl may be adjourned from a set date, but may not be set for an earlier time. LETTER AND REPLY A reply to the City of San Bernardino letter TO CITY OF S.B. of November 19th by the General Manager, was read, stating that the matter would be referred to the Board of Directors for action. Nov. 26, 1963 MOTION Upon motion by Director LeVesque, duly seconded by Director Wall and carried unanimously, the letter is to be referred to Denslow Green, Attorney, for reply to the City of San Bernardino. LETTER FROM FUND The President read a letter from Claims Adjuster, INSURANCE COMPANY Peter Crider of The Fund Insurance Company re- garding the claimed damage to the Wickum property on Perris Hill Road at the time of sewer con- struction by Ralph deLeon Construction, Inc. The General Manager stated that a Withhold Notice was received from Mr. Wickum. The Con- tractor is to be notified that the amount of the claim will be with-held from his final payment. SURPLUS WATER The General Manager-Secretary reported that the DELIVERY TO CITY 1,000 acre feet of water in the Agreement between THROUGH SBVMWD County Water District and Valley Municipal District had now been completed for the year 1963. As this was the amount of the original contract, they asked that the water be turned off. He stated that the water be turned off. He stated that it looks as if the new contract may be for 2,000 acre feet. GENERAL SEWER DISCUSSION - The President again called upon Attorney Henry LETTER FROM ATTORNEY to present his letter regarding the sewer con- HENRY REGARDING nection to the Benvenuto-Herbert property in BENVENUTO PROPERTY Highland. He stated that contact with Fain & Levine, Attorneys in Los Angeles, made it im- perative that the case just be held in abeyance. No action necessary. LETTER FROM The President read a letter from the Richmond RICI~MOND Corporation of 27427 Pacific Avenue, Highland, CORPORATION asking about the possibility of having sewer service in the old Highland area. This is to be left to the staff for recommendation at the next meeting on December 10, 1963. SEWER PAYMENTS TO It was reported that the money which the District CITY OF S.B. pays to the City of San Bernardino under the Joint Powers Agreement on sewer service are possibly being used to pay police and firemen's salaries, not used for their sewer account. It was recommended that a letter be sent requesting a copy of the current audit report of the City of San Bernardino and that after received, Auditor Bragg, Attorney Henry and Manager Rickert would study the matter and report to the Board at a later meeting. FAY THOMPSON A letter was read from Mrs. Fay (C. R.) Thompson REQUEST FOR 90 DAY requesting a 90 day extension of time in which EXTENSION OF TIME to connect to the sewer line due to extenuating FOR SEWER circumstances. Her property is at 7262 Olive CONNECTION Street, Highland. MOTION Upon motion by Director Forrest, duly seconded by Director Disch and carried unanimously, a 90 day extension of time was granted to Mrs. Fay Thompson in which to connect her property at 7262 Olive Street, Highland, to the sewer line. AUTHORIZATION FOR Authorization was asked to Record with the County NOTICE OF NECESSITY Recorder's Office, a Notice of Necessity to TO CONNECT TO SEWER Connect to District Sewer, the property of Wayne E. Arnold and Herman Todd at 7485 Golondrina Drive, San Bernardino, California. The 90 day extension of time granted previously has expired. MOTION Upon motion by Director LeVesque, duly seconded by Director Wall and carried unanimously, author- Dec. 10, 1963 ization was given to Record a Notice of Necessity to Connect to the District Sewer. ADJOURNMENT There being no further business to come before the meeting, the President declared adjournment at 10:45 p.m. t ar y Board of Directors Approved: Venn W. Botts, President EAST SAN BERNARDINO COUNTY WATER DISTRICT REGULAR MEETING DECEMBER 10, 1963 CALL TO ORDER The President called the meeting to order at 7:30 p.m. SALUTE TO FLAG The new United States of America and State of California flags were in place in the Board room for the first time, so the President called for the repetition of the Salute to the Flag to be led by Director Disch. ROLL CALL Directors Present: President Botts presiding; Disch, Forrest, LeVesque and Wall. Directors Absent: None. Others Present: General Manager-Secretary, Rickert; Associate Engineer, Cole; Auditor-Treasurer, Bragg; Assistant Office Manager, Lyons; Recording Secretary, Dudley; Attorney, Henry; Consulting Engineers, Joseph A. Rowe of W. P. Rowe & Son and Don Halwes of Campbell & Miller; John and Jim Fiscalini and Richard Corwin, Realtors; Spencer Sparks and Don Twomley of Southern California Water Company and Constituent, C. F. Johnson. MINUTES The President determined that all members had received and read the minutes of the Regular Meeting of November 26, 1963. Since there were no additions or corrections, the minutes were declared approved as submitted. RESOLUTION NO. 542 Resolution No. 542 was presented, setting POLICY FOR SEWER forth the Policy of the District in requiring ONLY ANNEXATIONS shares of water stock or interests in water WATER STOCK wells from those requesting annexation to the REQUIREMENTS District. The President read the resolution in its en- tirety which set forth the policy as stipulated in the minutes of the Board Meeting of November 26, 1963.