January 25, 2006 - Top Stories
Saturday night the VC Chamber of Commerce held its annual gala, this time at Castle Creek Inn, where officers were installed, volunteers were recognized, and J.R. Peters was honored as Citizen of the Year 2006.
“It was totally unexpected,” commented Peters. “I very humbly accept this honor, and am glad to be able to contribute and support my community.”
Jim Dorschel was master of ceremonies and kept the proceedings moving at a fast clip, spiced by his good humor and occasional joke.
Miss Valley Center, Danyelle Barner, helped to pick winners of the various door prizes that were awarded during the evening.
Peters, of J.R. Peters Designs, has been in VC for seven years.
J.R. and Kymberli Peters moved to VC from Redondo Beach in 1999.
After settling in, they joined the Chamber, along with a group of new friends, to become involved and help maintain the small town and rural flavor.
Keep in mind, they work at home and don’t regularly commute down the grade!
Becoming involved with Western Days J.R.’s design was chosen for the “debatable” 50th Anniversary shirt in 2000 — “Sorry for the black shirt on the hottest WD weekend!” he commented.
He art directed and made printable the submissions for the 2002–2004 shirts. Also, with the assistance of Valerie Jonas, he designed the 2005 shirt. “I strive to provide a quality WD souvenir that locals are proud to wear outside of VC,” he commented.
In 2002, he updated and redesigned the Street Map of VC— researching and writing the history, producing most of the advertisements, and contracting the printing.
He has since designed logos for local businesses. In collaboration with local fine artist, Robert Cording, he designed a series of fine art greeting cards, plaques and framed art, along with full-color catalogs to help market these items.
He continues to work with LA-based clients — he has designed and created for quite a few names: Honda, Toyota, Lexus, UCLA, USC, Pacific Theatres.
Jack Vosberg was honored as Volunteer of the Year by the VC Parks & Rec district. Vosberg has been invaluable over the years in helping to keep up Adams Park.
Newly hired School Supt. Lou Obermeyer introduced the school district’s Teacher of the Year: Janis Schumacher and Classified Employee of the Year, Nora Scott.
Officers installed included Tom Bumgardner, president; Kim Laventure, vice president; Pam Smith, treasurer, John Yeager, membership director and Carol Timm, secretary. Other directors include Joe Johnson, J.R. Peters, Keith DeTellem, Jana Limon and Bob Payne.
The Chamber Ambassadors, the “worker bees” of the Chamber, were also sworn in: Brenda Kline, LaVonne Johnson, Tiffany Lopez, Keith Detellum, Jana Limon, Jennifer LaVine, Nicky Lovejoy, Ann Godwin, Donna Jorgensen, Kim Laventure, Maria Diaz, Lisa Aacharias and Chelsea Good.
Special guest John Culea, representing Fifth District Supervisor Bill Horn, handed out a plaque to Peters, declaring January 21 as “J.R. Peters Day.”
Bumgardner gave a special award to Honorary Mayor Brenda Kline and recognized Valley View Casino for its contributions to Western Days with a plaque to Ray McIntosh, casino marketing director.
Another plaque went to Katie Belardes of Valley View Casino, who supervised the building of the casino’s float in the Western Days parade.
John McKenna, superintendent of the Valley Center Cemetery died Thursday after his car crossed over the double yellow line on Valley Center Road near Cole Grade and hit a steel pole, just missing the bus stop.
It was the opinion of paramedics at the scene that he may have had a heart attack while driving.
The incident occured about 12:14 p.m. according to VC Fire Engineer Brian Castellini.
Firefighters happened to be nearby at the Corner Skillet restaurant when the call came.
“Upon arrival we found the gentleman still in his seatbelt. He had been driving eastbound on VC road towards Cole Grade,” Castellini told The Roadrunner.
“He crossed the oncoming lane, went onto the shoulder and struck a steel pole, and came to a stop after grazing the corner of the bus stop seat.”
Five people who were at the bus stop ran away as the car approached.
“There was no skid marks. No sign of trying to stop. Most likely he had a heart attack, drove off the road and hit the bus stop,” said Castellini.
There was no sign of trauma on the victim, who apparently didn’t hit the pole very fast, said Castellini.
Firefighters performed CPR on the victim, who was pronounced dead at 12:53.
Stan Johnson, who was president of the cemetery board when McKenna was hired, noted that he took over several months ago.
“There’s lots to learn at a cemetery and he was doing a very good job working with the people. We felt that he was a good representative of the cemetery.”
McKenna had lived in Skyline Ranch mobile home park for about two years.
The Roadrunner had no information on services for Mr. McKenna at press time.
On December 21 and 28, we ran two news stories about differing viewpoints of Rancho Heights property owners regarding the Rancho Heights Road and Management Committee.
Common interest property owner disputes are not uncommon in California.
According to a report published in 1996 by the Public Law Research Institute, it was estimated that 6 million Californians, or 20 percent of the state's population, lived in some kind of common interest development at that time.
The same report cited predictions that one-third of all Americans would live in such developments by 2000. Because of the large number of Californians affected to some degree by private governance structures, which often perform functions that parallel a municipal government, we feel their pros and cons are important to discuss.
We received several demands to correct certain statements contained in our news stories. We strive to be accurate and truthful in our reporting, and have carefully considered the demands we received. We also published a letter from Committee member Kenneth Ebmeier regarding his criticism of our news stories on January 4, 2006.
An issue raised was whether the Committee is an “association” governed by California law. While the Committee's meeting minutes have referred to the Committee as an “association,” the Committee’s governing document is entitled, “Declaration of Restrictions and Road Maintenance Agreement.” This Declaration was recorded with the County of San Diego in 1973.
The Declaration creates a “road and management committee.” The purpose of the Committee is to “provide for the future improvement, repair, maintenance and upkeep” of the roads and to provide “equitable sharing of expenses” relating to the roads. The Committee has some other powers as well, such as size and time completion restrictions on structures built. The Committee is composed of five property owners who serve two-year terms and are elected at the Committee's annual meeting.
The Declaration also says, “The primary duty of the Committee shall be to act for the landowners as a whole in the enforcement of these restrictions, and in providing for the repair and maintenance of the roads covered . . . to consider the addition of new roads . . . to approve or disapprove requests for exceptions . . . and to carry out such other activities as the landowners shall from time to time direct.”
Tim Prince's small claims action filed in July, 2004, however, establishes that California's “Davis-Stirling Common Interest Act” does not to apply to the Committee because it is not a “common interest development” as defined by California law, and because any “assessment may not become a lien upon an owner's property interest.”
Issues were also raised as to whether Committee “bylaws” existed and required the paving of all roads. While Committee meeting minutes sometimes refer to “bylaws,” Committee member Ebmeier informs us that the use of the word “bylaws” is a misnomer and only the Declaration (and one amendment) exist. The Declaration does not require the paving of roads. It provides only generally for “the future improvement, repair, maintenance and upkeep” of the roads.
February, 2005, Committee minutes discuss the fact that road paving was begun in 1997, and that the “plan was always to pave as much as possible, never intending to pave all the roads included in the road agreement. The decision was made . . . to charge property-owners $1800 per benefit unit as a means of funding the paving projection . . .” Various assessment and collection issues were also discussed in those minutes. The Committee tells us that, “in 2004 and 2005, $170,000 was spent on road paving.”
Another issue raised was whether property owners have meaningful access to the complete business and financial records of the Committee. Court records show that Mr. Prince's Small Claims Court action asserted that the Committee “violated [his] right to obtain records of the road maintenance association. . .” As set forth above, the court ruled California’s “Davis-Stirling Common Interest Act” (which functions like California’s Public Records Act and Brown Act) did not apply to the Committee and the relief requested was therefore denied.
A September, 2005, statement by Committee candidate Everett Dunnick, posted in the Committee’s newsletter, also reads, “We need an open record system available to all parcel owners. I would ask for an audit of the financial and voting records for the past ten years, to determine compliance with the Agreement, and every five years thereafter,” and “I propose that a set of records be maintained and stored to insure fire safety/security and a second set be available to any owner to review for a period of not more than five days. This would avoid the 'bonded copier issue.’ ”
October, 2005, Committee minutes state that a Committee financial report was presented at the annual meeting, and that “original bank statements including all copies of checks, past financial reports, invoices for road maintenance, accounting and gate expense plus past meeting minutes were made available for inspection by property owners . . . with personal information. . .intentionally omitted to protect the privacy of such records . . ." Committee members also tell us that property owners can go to the office where the records are kept and look at them at any time, that the records are available at Committee Meetings, and that copies are available through a bonded copier service.
An issue was also raised as to how the Committee collects on past-due financial assessments. The April, 2005, Committee minutes state that “collection notices” are sent to “delinquent accounts,” and after the “ten day” notice period has run, “small claims actions” shall be filed. The minutes show the Committee further discussed filing regular lawsuits against property owners who owe more than the jurisdictional limit of the Small Claims Courts. The Declaration provides that, “any landowner subject to this agreement may initiate action at law or equity, or take other action, to enforce any provision” of the Declaration.
Another issue raised was how a bookkeeper for the Committee was hired and paid. Committee member Ebmeier tells us the bookkeeper was hired by the Committee and paid $200 a month, out of which she paid certain expenses. In addition to being a Rancho Heights property owner and working for the Committee, the bookkeeper also worked for Home Depot, and at times for Committee member Bochinski.
Another issue raised was whether the Committee was a “non-profit organization.” While the Committee has been referred to as a “non-profit organization,” Committee member Ebmeier tells us its status was clarified at their January 16 meeting. They are a “not for profit" organization, classified as “other” for taxpayer ID purposes.
Finally, not all Committee members were contacted for the news stories as we reported. We received comments only from Ms. Beverly Romans and Mr. Steve Bochinski, as well as property owner and former Committee member, Mr. Prince. Mr. Prince's sister, Theresa Trogdon, was employed by us as a sales person until early December, 2005. She was not involved in researching, writing or editing the news stories. Committee member Ebmeier was also interviewed before this correction was published.
We regret any errors made in our original news stories.
Customers of the Valley Center Municipal Water District will be subject to reduced supply and use restrictions from Feb. 4-16.
Notices explaining the need for the shut-down and the use restrictions were mailed out last week to all classes of VCMWD customers.
The water use restrictions are as follows and apply to all District customers:
• All ag water use, except for watering livestock, is prohibited.
• All outdoor landscape irrigation is prohibited.
• All unnecessary domestic uses such as spraying driveways, washing cars and filling fountains, pools, spas or ponds, is prohibited.
• Use of construction water is prohibited.
“The public should understand that we have more than adequate storage for domestic use and public health and safety,” said VCMWD Gen. Mgr. Gary Arant. “But because of large agricultural and landscape irrigation demands, especially in dry periods, we don't have enough storage to support all normal activities for the entire shutdown period. “That is why we are asking for cooperation and enforcing restrictions during the shutdown period.”
To ensure compliance six to ten district inspectors on weekdays and 4-6 on weekends will be patrolling the district and if need be, reminding customers of the use restrictions.
“We have the ability to physically reduce flows and impose financial penalties if we have to do so. But we find that in the vast majority of cases, our customers have just forgotten and once reminded, are very cooperative,” said Arant.
The reduction, the first in Valley Center in two years, will occur because both treated water aqueducts that serve San Diego County (and the district) will be shut down to accommodate inspections, maintenance on both the Met and the County Water Authority, and construction work at the MWD Skinner Water Treatment Plant that serves this area.
All the agencies that take treated water from the Met will be affected, such as Fallbrook and Rainbow and several other communities in North County.
According to Arant, one of the main reasons for the shut-down is to make some construction tie-ins that will ultimately accommodate the completion of the new treatment module at the Skinner treatment plant in western Riverside County.
“The Skinner expansion will be very valuable in coming years because it will add treated water capacity to this region,” said Arant.
“We go through shutdowns of various parts of the aqueduct on a fairly regular basis. What distinguishes this one from most is that both of the treated water aqueducts will be off. Typically we have one off and one left in service. Since we have connections on both aqueducts, one being shut-down is not that much of a problem. Having both off presents more of a challenge and the need for understanding and cooperation from our customers.”
The last full shutdown was in early 2004, which was during another dry winter period and lasted about a week.
“Some of our growers were getting a little nervous toward the end of the shut-down period, but we made it through OK without causing any economic harm,” said Arant. “This one will probably go the full twelve days. That's why we will be putting a little more effort into notifying and then enforcing the water use restrictions.”
Updates on the shutdown and the notification to resume normal water use will be available on the district web site: www.vcmwd.org .
VC firefighters Sunday night were able to prevent a fire from destroying the Town Center Market, although it did sustain some damage to the attic and has been forced to shut down until further notice.
This happened a little more than a month after the market was forced to close for several days after a truck smashed into its front door and thieves liberated the market’s safe.
According to Engineer Dan Beeson of the VC Fire Dept. the fire began around 11 p.m. Firefighters completed their work around 3 a.m.
Apparently the fire started outside of the building in the back. The fire breached the wall and went into the attic space and the cooler section of the market.
Beeson told The Roadrunner, “We did an aggressive interior attack and kept the fire from progressing. We sent a crew to the roof to cut the roof open to get at the fire that was running through the attack.
At the same time another crew outside made sure that the fire didn’t spread any further.
The fire was “knocked down” quickly although it took firefighters another 30 minutes or so to locate the fire in the attic.
The fire is under investigation but doesn’t appear to be of suspicious origin, according to Beeson.
The blaze caused an estimated $100,000 in damages but firefighters estimated that they saved $500,000 in property.
No firefighters were injured. No one was in the building at the time.
The dry cleaners next door sustained some damage because firefighters had to do some work to keep the fire from spreading.
According to Beeson, “We went in and pulled ceiling tiles because we were getting smoke in that suite. We forced entry into that building and made sure that the fire stopped at the liquor store.
Both units will more than likely be closed until further notice.
San Diego Gas & Electric had to disconnect power from the pole that serves both locations because the fire that originally started was electrical in nature.
The Valley Roadrunner
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Tel. 760.749.1112 Fax 760.749.1688
Website: www.valleycenter.com
Email: editor@valleycenter.com
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