HomeMy WebLinkAbout1970-08-26 - Resolution No. 198V
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA COUNTY WATER DISTRICT CONCERNING
PROPOSED DETACHMENT 70-3 FROM THE YORBA LINDA
COUNTY WATER DISTRICT
WHEREAS, the owner of approximately a 25-acre parcel
has requested detachment from the Yorba Linda County Water
District, which said requested detachment has been designated
"Detachment 70-3 from the Yorba Linda County Water District";
and
WHEREAS, the Board of Directors of said district has
carefully reviewed the requested detachment and the district's
commitment to the water users, taxpayers and bondholders, as
well as the long history of problems involving the City of
Placentia and the Southern California Water Company in the area
of said detachment; and
WHEREAS, the property, which is the subject of Detach-
ment 70-3, was included in the original incorporation of the
Yorba Linda County Water District at the request of the owners
thereof; and
WHEREAS, the Yorba Linda County Water District has con-
sistently advised the Local Agency Formation Commission since
its formation in 1963, that the annexation to the City of
Placentia of territory of the Yorba Linda County Water District
created a present, as well as a future, problem for water and
sewer service within the areas so annexed; and'that service
boundaries should either be abreed tihon by said city and dis-
trict or determined by the Local Agency Formation Commission,
and said agencies required to conform thereto; and
WHEREAS, litigation between the Yorba Linda County Water
District and the City of Placentia, and others, has occurred as
a result of these problems, by reason of which a determination
of service area boundaries by court order and resulting negoti-
ated agreement between said District and said City has been
made, which said agreement provides that the Yorba Linda County
Water District will provide water service to the property, which
is the subject of Detachment 70-3; and
WHEREAS, the Yorba Linda County Water District has con-
structed and is presently operating; a water system designed,
constructed and master-planned to include service to the area
proposed for exclusion at a substantial cost for which general
obligation bonds in the amount of $1,900,000 have been issued
and sold; and
WHEREAS, said facilities have been constructed, pur-
suant to a policy to provide the highest quality water ser-
vice consistent with appropriate concern for cost; and
WHEREAS, it appears that despite the best efforts of
the Yorba Linda County Water District that continual problems,
disputes and conflicts regarding service of sewer and water will
be generated along its westerly service boundary;
NOW, THEREFORE, be it RESOLVED, DETERMINED AND ORDERED
by the Board of Directors of Yorba Linda County Water District
as follows:
1. This Board reaffirms and states its opposition to
the proposed detachment known as "Detachment 70-3 from the
Yorba Linda County Water District."
In the event said detachment is denied, the Yorba
Linda County Water District will agree to provide water ser-
vice to the proposed detachment area under a contract similar
to that provided by an investor-owned public utility regulated
by the California Public Utility Commission having refund pro-
visions if the Local Agency Formation Commission determines
2.
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Lt is proper.
3. The Yorba Linda County Water District will initi-
ate and process to completion the detachment of the approximate
10 acres of territory within its boundaries located north and
east of the intersection of Valencia and Yorba Linda Boulevard,
known as Tract 4807, which territory is now served by Southern
California Water Company.
4. In order to provide an overall solution of the
problems of water and sewer service in the western portions of
the Yorba Linda County Water District which have been annexed
into the City of Placentia, upon agreement of the need there-
for by said city and the Local Agency Formation Commission, the
Directors of the Yorba Linda County Water District would be
agreeable to withdraw its opposition to "Detachment 70-3" and
agree thereto on the following terms and conditions:
(a) Southern California Water Company will
agree, subject to P.U.C. approval as required, to
transfer to the Yorba Linda County Water District
all of its present customers from the Locke Ranch
system to the Yorba Linda County Water District in
consideration for a transfer of the same number of
district customers along the westerly boundary of
said district to said Southern California Water
Company. The engineering considerations and service
requirements would determine the exact boundaries
and numbers of such customers to be exchanged by the
Yorba Linda County Water District in consideration
for all of the Locke Ranch system, but generally the
area from which this transfer of customers would be
made would be northerly of Yorba Linda Boulevard and
westerly of the Rancho San Juan Cajon de Santa Ana
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line, or the Carbon Creek Channel, whichever is more
westerly. In addition to said exchange of customers
on as near as possible one-for-one basis, the Yorba
Linda County Water District will pay to the Southern
California Water Company the sum of $350,000 for reser-
voir, wells, MWD connections and related facilities
involved in the Locke Ranch system, less any necessary
adjustments for liabilities owed against such facilities
in the form of payback contracts, customer advances,
mortgages, etc.
(b) The Yorba Linda County Water District will
sell and transfer to the City of Placentia any and all
of the sewer system related to the areas being trans-
ferred to the Southern California Water Company for
future service on the same basis as the Yorba Linda
County Water District and the City of Yorba Linda have
recently purchased from the City of Placentia the sewer
system serving the Locke Ranch and related area.
(c) The Local Agency Formation Commission
approve the annexation of the Locke Ranch system to
the Yorba Linda County Water District for water and
sewer service, and would approve the detachment of the
area involved in the substitution of services from the
Yorba Linda County Water District as outlined in sub-
paragraph (a) hereof.
5. In order to prevent any delay in development of the
subject property as a result of delays in determining water
or sewer service, Yorba Linda County Water District will agree
that -f the Local Agency Formation Commission prefers the so-
lution proposed by paragraph 4 hereof, the District will pro-
vide interim water and sewer service on the terms proposed in
in paragraph 2 and will agree that when Southern California
Water Company is in a position to make the exchanges of
customers as provided in said paragraph 4, the territory
within Detachment 70-3 will be transferred to Southern
California Water Company for water service without additional
consideration other than payment to District of non-recoverable
costs, and the exchange provided for in said paragraph 4 will
be completed.
6. Ralph Shook, General Manager, and H. Rodger Howell
of Rutan & Tucker, attorneys for the District, are authorized
to appear at any and all proceedings involving this detachment
for and on behalf of the District.
Resolution No. F/96? was passed and adopted by the
Board of Directors of Yorba Linda County Water District at
a regular meeting held on the 26th day of August, 1970, by the
following vote:
AYES :
NOES:
ABSFNT:
Jean E. Mathews, Secretary
Ralph A. McGuire, President