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HomeMy WebLinkAbout1981-09-23COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, F'OUNTAIN VALLEY, CALIF'ORNIA 92708 10844 ELLIS AVENUE (EUCLID OF'F'-RAMP, SAN DIEGO F'REEWAY) September 16, 1981 NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO. 11 WEDNESDAY) SEPTEMBER 23J 1981 -4:30 P.M. 10844 ELLIS AVENUE FOUNTAIN VALLEY) CALIFORNIA TELEPHONES: AREA CODE 714 540-2910 962-2411 Pursuant to adjournment of the regular meeting of September 9, 1981, the Board of Directors of County Sanitation District No. 11 will meet in an adjourned regular meeting at the above hour and date. The purpose of the meeting is to discuss financing of the Coast Trunk Sewer, Reach 3. I I /Secr,f/tary (/' / () JWS:rb ·I l • 1 II BOARDS OF DIRECTORS : County Sanitation Districts Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: of Orange County, Califomia DISTRICT No.· 11 ADJOURNED REGULAR .. MEETING SEPTEMBER 23, 1981 ~ 4:30 P.M. Area Code 714 540-2910 962-241 l AGENDA (1) Roll call (2) Ge_neral discussion relative to the financing of the construction of Reaches 3 and 4 of the Coast Trunk Sewer: (3) (4) (5) (6) (a) Proposed agreement with Mansion Properties, Inc. for advance payment of connection fees in an amount not to exceed $3, 000,, 000 to aid in construction of Reach 3 of the Coast Trunk Sewer (b) Proposal of Mansion Properties, Inc. to advance payment of connection fees in the amount of $182,000 to provide for design engineering services for Reach 3 and coordination of. design of . Reach 4 with Mansion Properties, Inc. Consideration of offer of Mansion Properties, Inc., dated', /f ...-0'3 -lJI for advance payment of connection fees in the amount of $182,000 for design engineering services, and the terms of said offer (Copy in meeting· folder) Consideration of motion authorizing Lowry & Associates to complete engineering services in connection with design of Coast Trunk Sewer, Reach 3, and coordination of design of Reach 4 with Mansion Properties, Inc., and authorizing payment for said services for a total amount not to exceed $182,000 in accordance with that certain agreement between the District and engineer approved by Resolution No. 81-91-11 on June 10, 1981 (Agreement was subject to obtaining funding provided by item ·i2(a) above.) · ~ Other business or communications, if any \l)r~~s 41'-~ ~/."?/ ~c:;~~ W Consideration of motion to adjourn $";19 ~t~~ [)_ \ . l (s"~fi ~~o) k Le(' ··\tPw Sr~. 'fr'V r '- J ftJC-.o •. ~ f</L-I I . ~<h~ f)v J l, cv-+,~. WE_o~~~'~ ....-;-c •• )rc \ c,. ... v .. -<< W'--• l-<k J . ~CL i. i . -~-L,,.,) v-e •" Q,, ,,. l?,c,,. " &v-c..1 1vft~I\. ~d , • /-L£~L Cle;{_~/ ~ ~ C e_ ~~ ~-i vlfV-. ~~ l-~ (J tfl ) Cf v-- ~u,~ ,__._ ~-~ MANSION PROPERTIES,INC. Mr. Ray Lewis Chief Engineer 2110 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-8917 September 23, 1981 MASTER PLAN OF SEWERS SEACLIFF IV RESIDENTIAL DEVELOPMENT County Sanitation District P. 0. Box 8127 Fountain Valley, CA 92708 Dear Mr. Lewis: The purpose of this· letter is to specify the intentions of the Orange County Sanitation District ("District") and Mansion Properties, Inc. ("MPI"), with regard to ·partially financing the construction of Reaches 3 and 4·of the master planned sanita- tion sewer system for the District. We have been discussing with you the following principal basis on which an agreement, if it materialized, probably would be concluded: 1. A maximum capital contribution by MPI or its assignees for the construction of Reaches J and·4 would be established by mutual agreement between District and MPI. 2. The builder's capital contribution would be repaid with interest from District ll's special sewer connection fee which currently is $1,000 per unit. The interest. rate will be 7% per· annum, on a tax-free Qasis to MPI. The·$1,000 fee applies to any connection in District 11 after July 10, 1981. Reimbursement, including interest, on· any·unreimbursed capital contribution would be paid. semi-annually. Reimburse- ment would connnence after acceptance of the sewer construction by the ·nistrict. 3. Prior to executing the contract for the construction of Reach 3, a legal connnitment to draw funds' from the builder's account may be required. MPI and District would reach a mutually satisfactory form of assurances that the deposited funds would be available when needed by Di!s trict. These funds·would be deposited by builder as needed by District and would not be drawn upon until all monies set aside by the District for ·the construction of Reach 3 ha·d been expended. Mr. Ray Lewis Page 2 September 23, 1981 4. As part of the agreement, District would guarantee sewer capacity for any property owned by the HBCo or its subsidiaries, where the flow of sewage is tributary to Reaches 3 and 4. 5. The builder would construct Reach 4 in accordance with the District's specifications and subject to inspection by the District. Upon completion, the facility would be dedicated to the District. Builder would be reimbursed for the costs of completion of Reach 4 in excess of those sewage costs normally required for a development. In the agreement, the excess amount would be established. In the interim, MPI and/or its assignees agree that it will reim- burse District for fees incurred by District to November 1, 1981 (but not to exceed $182,000) for prelimi~ary planning and engineering services for the construction.of Reach 3 and the coordinatfon of work for the construction of Reach 4. District agrees that all sums paid by MPI under this interim agreement shall be fully reimbursed by the special sewer connection fee described in Paragraph 2 above. Reimbursement shall be made by District to MPI or its assignees upon the award of the construction contract for Reach 3. If MPI elects not to proceed with an agreement, then the above amount (not to exceed $182,000) shall be_ reimbursed without an interest \...) carry. Nothing in this letter (including, but limiting to, the interim agreement) or the discussions we have had with you concerning this matter, shall obligate either MPI or District to enter into an agreement with respect to the arrangement described in this document. MPI will advise District not later than November 1, 1981 of its intention to enter into such an agreement. GJG/e MEET I NG DATE Se pt. 23 , 1 981 DI STR JCT 1 TIME 4 :3 0 p .m. D I STRI CTS ll (EDGA R) It ••• ' I I S HARP . I I I I. I (BR I CKEN ) I • I I I I LUXEMBOURGER-- (CRANK ) •• I I I I •• HANSON •••••• -- (R ILE Y) •• I I •• I .S TANTON. I'.·== DISTRICT 2 (FRIED ), I I ' I I •• WEDAA. I. I I •• (SEYMOUR) I •• I.' ROTH . I I I' I'·== -- ( w INTERS) t I I I •• BORN HOF TI I •• (LE BARONJ , I I •• F OX •• I I I . I •• ---- (ECKENRODE) •••• HOLT. ••• I ••• ---- (ODLUM). , •••••• KAWANAM I •••• == -- ~B R ICKE~J. ,, ,, .LUXEMBOURGER WIEDE R),1 ,,,, ,NE S TANDE ,, ··==== VAN DASK) ..... NJ ELSEN .. I .. __ (CULVE R) ••••••• PERR Y ••• I ••• (WE DEL ) •••••• I I ROGET •• '. I I .-- (BE YER>. I. I •••• SMITH.' •• '.·== DISTRICT 3 (COLLINS), •• ' I .VAN DYKE .'. I ---- (SEITZ ) •• t I. I' .LA S ZL O •• ' •• ·== (VAN DASKJ . I.' .ADLER •••• I.. ----- (PERRY),' I •• I I ,CULVER . I •• I.--==== (EDWARD S ),,,,,, FINLAYSON,,.--___ _ (MANDJC ) •• I I I' .FINLE Y •••••• -- (LE BA RO N>. •••• GAMBI NA . I I I.------ (BR I CK~N). ,,, , .L UXEMBOURGER====== (ROWAN ),,,,,,, ,MULLEN.,,,,, (DAVIS), •• '. I •• REESE . I I' I I ·====== (MAR S HOTT) •• I I. ROMAGNI NO . I I (SE YMOUR), ,,,,,RO TH,,,,,,,·====== (ZOMM I CK), •••• ,SYLVIA •• ' I.·------- (ROGET ). I ••• I •• WARD . I I. I I I·-- (NESTANDE),, ,, ,WIEDER .,,,,, (BORNHOFT),,,, ,WINTERS ,••••== DISTRICT 5 (MAURER) •• I' I I I HEATHE R. I I'' (S TRAUSS). I' I' .cox. I I. I' I •• ---- (STANTON>.' I.'' RILEY ••• '.'·== -- DISTRICT 6 (CRAN K). t. I . I •• HUTCHISON .'·-- (HEATH~RJ •• I ••• PLUMMER.''' I (RI L EY ), ,,,,,,,STANTON ,,,··== DISTRICT 7 (S HARP) •• ' ••• I .EDGAR ••• I. I. (BEYER).,,, ,,,,SMI TH,,,,,,,---- (HEATHER) •• I I •• HART. ••• I I •• ---- (SRI CKEN) •• I •• I LUXEMBOURGER---- (WI EDER).'' I I I .NES TAND E. I •• -- (SILLS),.'. I I I. VARDOULIS . I.-- (GREEN ) •••••••• WAHNER .,,,··== DI STRICT 11 (MAC ALLI STER ),BAILE Y .. ,.,, / (NESTANDE),, ,, .WIEDER ,,,,,.~ (FINL EY), •• I' •• PATTINSON .' ,__L 7 /8/8 1 -~~~~~~~~~~ JOIN T BO ARDS (VAN DASK) •• I ,.ADLER. I I •••• (MAC ALLJSTE RJ .BAILE Y •••• I.-- Cw 1 NTERS), ••••• BO RN HO F r. ... -- (ST RAUSS). I I •• I cox I I I I I •• I.-- (PERRY) I I I I I I. I CUL VER . I I . I .-- (SHARP). t I. I. I. EDGAR . I I I I I .-- (EDWA RDS ) I I I I I I F I NLA YS ON . I .-- (MAND IC) I I I I •• I F I NLEY •••• I .-- (LE BARON ) I I I. I FOX. I I. I I . I·== (LE BARON). I ••• GAMBINA ••• I I (CRANK ) I I. I. I I I HANSON . I I I I.-- (H EATHER ),, •••• HART ••• I •••• -- (MAURER),,,,,,, HEATHER .,,,.-- (EC KENRODE ),,,, HOLT.,,,,,,.-- (CRAN K),,,,,,, .HUTCHI S ON ,,,-- (ODLUM ),,, ,, ,, ,KAWANAMI ,, ,,-- (S EIT Z). t' ••••• LA S ZLO ••• I •• -- (B R I CKEN) I . I •• I L UXEMBOURGER-- ( ROWAN ),.,,,,, ,MULLEN.,,,··==== Cw1EDERJ , ,,, ••• NESTANDE •••• (V AN DASK), •••• NI EL S EN •• I •• ---- (FI NL EY) I I ••••• PATTINSON ••• ---- (CULVER) t •• I I'. PERRY •••• '.·== == (HEA THERJ I. I I. I PLUMMER •• '' I (DAVIS). t •• 'I' .REESE.' I. I I.---- (S TANTON), ,,,,,RILEY,,,,,,,---- (WEDEL) ••••••• ' ROGET I' I I' I.---- (MARSHOTT ) I'' •• ROM AGNI NO. I.---- (SE YMO UR).,,,, ,ROTH ,,,,,,,,---- (SALTARELLI) I'. SHAR P ••• I ••• ---- (BEYER)..' I.' I. SM I TH.'. I ••• ---- (RILE YL, •••••• STANTON ••••• ---- ( ZOMM I CKJ ' •• I I. SYLVIA •••••• -- (COLLI NS).' I' I. VAN DYKE.''.-- (S ILL S).,,,,,,, VARDOULIS ,, .-- (GREEN ) I I I •• I. I WAHNER. I I.'.-- (ROGET) I ••• ' I I I WARD. I ' I I.'.-- (FR I ED>., t ',,, .W EDAA .,,,,, .-- (NESTANDEJ ,,,, .WIEDER,,,,,.-- (BORNHO FT ),,,, .WINTERS ,,,··== OTHERS HARPER,,,, •• ~ SYLVESTER ,,,___£_ LEWIS ....... ../ CLARKE.,,,,.-- DAWES, ••• ' I I ANDERSON •• I I BROWN . I' •••• BAKER .,,,,,, ____ _ CONATSER .'' I YOUNG .''''. I WOODRUFF I I I I HOHENER,,, ,, ___ _ HOWARD . I I •• ·---- HUNT •••••••• ___ _ KEITH.,,,,,, ___ _ LYNCH •• I I I. I MARTINSON .' I STEVENS . I •• I COUNTY SANITATION DISTRICT NO. 11 OF ORANGE COUNTY, CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING September 23, 1981 -4:30 p.m. 10844 E~lis Avenue Fountain Valley, California Pursuant to adjournment of the regular meeting held September 9, 1981, the Board of Directors of County Sanitation District No. 11 of Orange County, California, met in an adjourned regular meeting at the above hour and date, in the District's administrative offices. The Chairman called the meeting to order at 4:30 p.m. The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT: DIRECTORS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: Ruth Bailey, Chairman, and Ron Pattinson Harriett Wieder Fred A. Harper, General Manager, J. Wayne Sylvester, Secretary, and Ray E. Lewis Thomas L. Woodruff, General Counsel, and Joint Chairman Don Holt * * * * * * * * * * * * * * * Actions re proposed agreement with Mansion Properties, Inc. for advance payment of connection fees for construction of Reaches 3 and 4 of Coast Trunk Sewer carried: Following a review and general discussion of the proposal of Mansion Properties, Inc. for advance payment of connection fees to aid in financing of construction of Reaches 3 and 4 of the Coast Trunk Sewer, it was moved, seconded and duly That the letter from Mansion Properties, Inc. dated September 23, 1981 in connection with the proposed agreement for advance payment of connection fees for financing construction of Reach 3 and Reach 4 of the Coast Trunk Sewer be, and is hereby, received and ordered filed1 and, FURTHER MOVED: That staff be, and is hereby, authorized to continue negotiations with Mansion Properties, Inc. and to draft an agreement setting forth terms and conditions relative to the advance payment of connection fees in an amount not to exceed $3,000,000 to aid in construction of Reach 3 and Reach 4 of the Coast Trunk Sewer, for consideration by the Board1 and, FURTHER MOVED: That the proposal of Mansion Properties, Inc. for advance payment of connection fees in the amount of $182,000 for design engineering services for Reach 3 and coordination of design of Reach 4 with Mansion Properties, Inc. be, and is hereby, approved and accepted. District 11 9/23/81 Authorizing Lowry and Associates to complete engineering services re design of Coast Trunk Sewer, It was moved, seconded and duly carried: That Lowry and Associates, Districts' engineer, be and is hereby authorized to complete engineering services in connec-_ tion with design of Coast Trunk Sewer Reach 3 and coordination of design of Reach 4 with Mansion Properties, Inc.- Reach 3 and coordination of design of Reach 4 with Mansion Properties, Inc. and authorizing payment for said services for a total amount not to exceed $182,000 (said funds to be advanced by Mansion Properties, Inc.) in accordance with that certain agreement between the District and engineer approved by Resolution No. 81-91-11 on June 10, 1981. Authorizing staff to draft a new resolution providing assurances to the Coastal CoIIDDission re The Chief Engineer reported that, as a condition for Coastal Conunission approval of the construction of Reaches 1 and 2 annexation of Bolsa Chica Wetlands as a condition of permit for construction of Coast Trunk Sewer, Reaches 3 and 4 of the Coast Trunk Sewer the Board of Directors adopted a·resolution in 1978 providing assurances to the California Coastal CoIIDDission that the District would not annex the Bolsa Chica Wetlands until certification of the Local Coastal Plan (LCP) for that area or until July 1, 1981, whichever occurred first. Because that date has passed and the LCP has not yet been certified, the Coastal Commission has indicated that they will require a reaffirmation of this policy until the LCP is certified or until a new time-certain date, yet to be determined as a condition for a permit to construct Reaches 3 and 4 of the Coast Trunk Sewer. Following a general discussion ~t was moved, seconded and duly carried: That the staff be authorized to continue discussions with the Coastal Conunission regarding terms and conditions relative to necessary assurances in connection .with annexation of the Bolsa Chica Wetlands as a condition for permit for construction of Reaches 3 and 4 of the Coast Trunk Sewer; and to draft a resolution providing such assurances for consideration by the Board. Adjournment It was moved, seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 11 be adjourned. The Chairman then declared the meeting so adjourned at 5:13 p.m., September 23, 1981. Secretary of the Board of Directors County Sanitation District No. 11 of Orange County, California Chairman of the Board of Directors County Sanitation District No. 11 of Orange County, California