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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 01/09/1984EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING JANUARY 9, 1984 MINUTES �.. The meeting was called to order at 5:30 p.m. by President Glenn R. Lightfoot. The flag salute was led by Director Philip A. Disch. ROLL CALL: Present: Glenn R. Lightfoot, President; Steven A. Beightler, Vice - President; Directors Philip A. Disch, Dennis L. Johnson, Gerald W. Stoops Absent: None Staff: Larry W. Rowe, General Manager; Glenda D. Jay, Auditor - Treasurer; Bonnie R. Eastwood, District Secretary, Sandi Shepherd, Executive Secretary Guests: Jan Sears, The Sun; Charlie Hand, Foothill Journal; Ray Keslake, Ed Wineline, East Highlands Ranch; Richard Lister, Don Alvarez, Cynthia Ludvigsen, Welebir & Brunick and Jim Ekins, Attorney for Mobil Oil Company MINUTES OF DECEMBER 12, 1983 •w It was requested that the motion under "Willing and Able to Serve Letter ", page 1, state that the draft "Willing and Able to Serve Letter" be approved; that it be signed by the President and mailed out. M /S /C (Stoops- Johnson) that the Minutes of December 12, 1983 be approved as corrected. PUBLIC HEARING - ANNEXAT O F EA H IGHL AN DS R ANCH TO EAST VA WATER DISTRICT President Lightfoot announced the public hearing for the proposed annexation of the East Highlands Ranch, Inc. to the East Valley Water District was open for public comment. He noted there were some unmitigatable aspects to the annexation and invited comment from anyone present regarding the annexation or the unmitigatable aspects. A letter from Norman Forrest had been received in opposition to the annexation. The letter was as follows: "TO: THE EAST VALLEY WATER DISTRICT. FROM: Norman W. Forrest. SUBJECT: Protest of Proposed Annexation of the Mobile Oil Company's Properties in East Highlands to the East Valley Water District. As a resident and former director of the East Valley Water Distraict, I protest your proposed annexa- tion of the Mobil Oil Company's East Highlands Ranch because of the lack of the "Pre- annexation Agreement Between East Valley Water Dis- trict and East Highlands Ranch, Inc." dated October 11, 1983 and signed by Gerald W. Stoops for East Valley Water District and Ray Keslake for Mobile oil. 1/9/84 -1- r/ fto A further basis of my protest is that the residents of the water district have not been fully informed of the effects of this agreement on them from a cost and environmental standpoint. The agreement may result in significant additional costs to the existing customers of the water district. It also gives Mobil Oil preferential treatment regarding financing arrangements and priority use of the water and sewer facilities to be constructed under the terms of the agreement. The agreement I am referring to is a complicated legal document submitted by Mobil Oil Company attorneys and signed by the water district; the agreement is over fifty pages in length and is full of complicated legal and technical clauses. I wish to know when and where the negotiations for this agreement were conducted by the water district. If this agreement was negotiated in secret without public notice then it is illegal. No annexation of this magnitude which will help create a new community of over 20,000 people, should proceed on the basis of illegal transactions. I urge you, the board of directors of the water district, to delay this annexation proceeding until a full and open public hearing on the agreement is conducted. Let the people know what is happening to them before you enter into what appears to be a one -sided agreement with a large private developer. Thank you. /Norman W. Forrest /. There being no further comments or protests from those present, President Lightfoot closed the hearing at 5:43 p.m. RESOLUTION 1984.5 - RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT MAKING FINDINGS AND ADOPTING STATEMENTS OF OVER- was or approva M /S /C (Stoops- Johnson) that Resolution 1984.5 be adopted as submitted. ROLL CALL VOTE: AYES: Directors Disch, Beightler, Johnson, Stoops, Lightfoot NOES: None ABSENT: None ION - ANNEXATION OF EAST HIGHLAND RANCH, INC. TO STRICT - LAFC 2201 President Lightfoot noted that the Notice of Determination should be adopted at this time. M /S /C (Johnson - Beightler) that staff be instructed to file the Notice of Determination with the Board of Supervisors! Clerk. 4.2 - RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ORDERING ANNEXATION OF TERRITORY OF SAID DISTRI PURSUANT TO SECTION 56320 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA was presented to the Board for adoption. It was noted r on page 2 of the resolution that it be amended to indicate there was one written protest filed with the District. -2- 1/9/84 M /S /C (Johnson - Beightler) that Resolution 1984.2 be adopted; that the correction be made as noted by the General Manager. ROLL CALL VOTE: AYES: Directors Disch, Beightler, Johnson, Stoops, Lightfoot NOES: None ABSENT: None Ray Keslake, President, of East Highland Ranch, Inc. expressed his appreciation for the cooperation from the East Valley Water District in completing this annexation. RESOLUTION 1984.1 - RELEASE OF LIEN, DELINQUENT SEWER CHARGES, 7221 OLIVE STREET, HIGHLAND, SAM & ROSETTA MCGEE was presented to the Board for adoption. M /S /C (Johnson - Disch) that Resolution 1984.1 be adopted. ROLL CALL VOTE: AYES: Directors Disch, Beightler, Johnson, Stoops, Lightfoot NOES: None ABSENT: None 1984.3 - RESOLUTION HuIRVn1II, tl1v LV LiA[]11v1v 1JOJ - Y, vvV xx l] \. ., r lu - a. �, N.E. CORNER PLAM AVE. AND CYPRESS STREET, HIGHLAND, CA was present to the Board for adoption. M /S /C (Beightler- Stoops) that Resolution 1984.3 be adopted. ROLL CALL VOTE: AYES: Directors Disch, Beightler, Stoops, Lightfoot NOES: Director Johnson ABSENT: None 1984.4 - A RESOLUTION OF THE EAST VALLEY WATER DISTRICT SENATE BILL 180, REGARDING DISTRIBUTION OF AD VALOREM TAXES was presen or aCloptlon. M /S /C (Disch- Stoops) that Resolution 1984.4 be adopted. ROLL CALL VOTE: AYES: Directors Disch, Beightler, Johnson, Stoops, Lightfoot NOES: None ABSENT: None CLAIM - CALVIN & BETTY FLOWERS, 2073 GUTHRIE, SAN BERNARDINO, SEWER DAMAGE The General Manager recommended that the claim submitted by Calvin and Betty Flowers, 2073 Guthrie, be denied and submitted to the District's insurance carrier. up 1/9/84 -3- M /S /C (Johnson - Beightler) that staff recommendation be accepted and the claim be denied and submitted to District insurance carrier. PLANT 37, BERM The General Manager noted CM Engineering had submitted a report on no their preliminary investigation regarding a protective berm at Plant 37. The report indicated a earthen berm was not feasible. They proposed construction of a retaining wall, which would take an additional $3,100 to design, and would also include a new access road to the tank site. The General Manager recommended approval of the additional monies for designing the wall and road. M /S /C ( Disch- Stoops) that the Board approve staff recommendation for extension of the purchase order by CM Engineering by $3,100. ANNEXATION TO DISTRICT'S FULL SPHERE OF INFLUENCE The General Manager stated that several months ago the District had submitted an annexation proposal to cover the District's full sphere of influence, however, in the interest of the East Highland Ranch all properties were dropped except the Ranch property to expedite that annexation. He then recommended that annexation of the remaining property covering the District's full sphere of influence be submitted to the LAFC. This would include all property pertaining to the District's water rights and watershed, possibly to the mouth of the Santa Ana canyon and properties adjoining Well 125. Larry Hendon, LAFC, stated he concurred with the District's wishes, however, it would undoubtedly take longer than the usual annexation procedure. wo RESOLUTION 1983.67 - A RESOLUTION FROM THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT COMMENDING DIRECTOR GERALD W. STOOPS ON President Lightfoot presented Director Stoops with Resolution 1983.67. Director Stoops thanked the Board for the resolution. PURCHASE OF GATE VALVE TRUCK The General Manager requested authorization to purchase a 3/4 ton vehicle, with a utility bed and attendent hardware for the gate valve crew. It was noted no new employees would be hired to man the vehicle. The cost of the truck will be about $12,000. M /S /C (Johnson - Stoops) that staff be authorized to purchase a new gate valve truck. NOVEMBER FINANCIAL STATEMENT The Auditor reviewed the November statement with the Board. Information only. DIRECTORS FEES AND EXPENSES fto The following fees and expenses were reported by the Directors: Director Disch $260.00; Director Stoops $375; Director Beightler $225; Director Johnson $225; Director Lightfoot $375 -4- 1/9/84 M /S /C (Beightler- Stoops) that the Director's fees and expenses be approved as submitted. MARTIN LUTHER KING DAY A discussion ensued regarding the District allowing employees the day ..� off for Martin Luther King Day. The General Manager recommended the request by the Association of San Bernardino Public Employee Association be denied. M /S /C (Stoops - Beightler) that staff recommendation be accepted to deny Martin Luther King day as a paid holiday for District employees; that it be subject to labor negotiations for 1984 -85. PARK AVENUE WATER MAIN RENEWAL The General Manager reviewed with the Board the water main on Park Avenue that is being replaced. The present main goes from 4" to a 2 main. It is being replaced with an 8" transite main to service a four plex unit, which cannot be serviced from the old main. The replacement will be accomplished with District forces. Property owners will be advised about the water main replacement. PROPERTY OWNER PETITION REGARDING DISTRICT WASTEWATER TREATMENT PLANT The General Manager indicated a petition had been received objecting to the District's proposed wastewater treatment plant in the East Highlands area. The reasons cited were 1) contamination of ground water, 2) potential odor problems, 3) devaluation of property values, and 4) logic of facility placement. The General Manager indicated "r a letter will be written regarding their concerns, as well as an offer to have them visit similar facilities near San Diego. It was noted they are not within the 600 foot zone which requires notification. Information only. CORRESPONDENCE FROM LAFC REGARDING EAST HIGLAND RANCH, INC. PERMITTING THE DISTRICT TO PROCEED WITH ANNEXATION AS CONDUCTING AUTHORITY Information only. ACWA BOARD MINUTES FOR NOVEMBER 11, 1983 Information only. ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICT MONTHLY MEETING JANUARY 16, 1984 AT HUNGRY TIGER IN REDLANDS Information only. DISBURSEMENTS 101554 - 101675 $318,336.17P/R 8760 - 8829 $33,789.00 Total $352,125.17 M /S /C (Stoops - Disch) that the disbursements be approved as submitted. Director Johnson abstained. PRESIDENT LIGHTFOOT CALLED A RECESS AT 6:25 P.M. PRESIDENT LIGHTFOOT CALLED THE MEETING BACK TO ORDER AT 6:38 P.M. 1/9/84 -5- CLOSED SESSION CALLED MW r M /S /C (Stoops - Disch) that the Board go into Closed Session at 6:39 p.m. to discuss possible litigation. MEETING RESUMED AT 8:57 p.m upon motion by Director Johnson, seconded by Director Disch. ADJOURNMENT M /S /C (Johnson - Disch) that the meeting be adjourned at 8:57 p.m. to Saturday, January 14 at 8:30 a.m. Glenn R. Lighfoot, President Board of Directors Bonnie R. Eastwood, District Secretary -6- 1/9/84