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HomeMy WebLinkAboutMinutes 1967-04-2614~26~67 DISTRICT NO.~ MINUTES OF THE ADJOURNED REGULAR MEETING April 26,1967 -7:00 p.m 10d4’4 Ellis Avenue Fountain Valley,California Pursuant.to adjournment of the regular meeting held April 12, 1967,the Board of Directors of County Sanitation District No.7 of Orange County,California,met in an adjourned regular meeting at the above hour and date. The Chair~nian called the meeting to order at 7:00 p.m.The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT:Clifton C.Miller (Chairman),Al Forgit, Thomas McMichael,Rex A.Parks,Ellis N. Porter,and David L.Baker DIRECTORS ABSENT:NONE OTHERS PRESENT:F.MacKenzie Brown,Paul G.Brown,.Carl Carlson,E.H.Finster,J.C.Harper, Conrad Hohener,Robert N.Galloway,Don Smith,and Fred A.Harper,Secretary ASSESSMENT DISTRICT NO.6 The Secretary advised the Board Hearing on Assessment that this is the time and place fixed,pursuant to statute and notice given,for the hearing in the matter of the assessment for the work and improvement consisting of the construction of sanitary sewers and appurtenances and appurtenant work in “ASSESSMENT DISTRICT NO.6,”as contemplated by Resolution of Intention No.66-19-7,adopted by the Board of Directors on March 9,1966,as amended by Resolution No.66-51-7,adopted on May 5,1966,and by Resolution No.67~24~7,adopted on January 11,1967. The Secretary al~informed the Board of Directors that affi davits of the mailing,posting and publication of the Notice of Filing Assessment were on file in his office,and that six written appeals or objections had been filed in his office prior to the date set for the hearing by Roselyn M..Wescott, et al. The said written appeals or objections were then read and ordered filed. The Chairman then asked if there were any interested persons present desiring to be heard in the above mentioned matter. The following persons then addressed the Board of Directors: Dolores Herrera,et •al.~ After the oral communications were heard,a letter was handed to the Board signed by Dolores Herrera,one of the property owners within the District,pertaining to the failure of the contractor to replace some fences on ~er property which were removed in the process of construction and which she stated the District had promised her would be restored.This letter was not received as a formal objection or complaint inasmuch as it was received after the time fixed for the opening of the hearing.From further discussion,it appeared that there were apparently other instances where fences and perhaps other improvements were removed and destroyed during the process of construction for which,it was stated by the property owners, promises had been made by the District to restore.There followed a general discussion by the Board members as to what should be done.Attorney F.MacKenzie Brown,representing both the contractor and his assignee,addressed the Board, urging the Board not to delay its action on confirmation of the assessment by reason of the unrestored fences and other similar items and presenting to the Board a letter from the legal firm representing the contractor’s surety on the con tractor’s faithful performance bond,which letter advised the Board that the surety would make good on any deficiencies in the work.This letter was received and filed. All persons interested having been given full opportunity to show cause why said assessment should not be confirmed and all objections presented having been heard,and fully considered, It’was thereupon moved by Director Parks that all objections, appeals and protests,both oral and written,be’overruled and denied.Said motion was seconded by Director Miller and carried by the following roll call vote: AYES:Directors Clifton C.Miller (Chairman),A].Forgit, Thomas McMlchael,Rex A.Parks,Ellis N.Porter,and David L.Baker NOES:NONE ABSENT:’ , NONE A resolution to be numbered “Resolution No.67-45-7”entitled as follows: “A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,CORRECTING AND MODIFYING THE ASSESSMENT AND DIAGRAM MADE AND FILED BY THE ENGINEER OF WORK OF SAID DISTRICT ON THE 31ST DAY OF MARCH, 1967,TO COVER THE SUMS DUE FOR THE WORK AND IMPROVEMENT CONSISTING OF THE CONSTRUCTION OF CERTAIN SANITARY SEWERS AND APPURTENANCES AND APPURTENANT WORK IN “ASSESSMENT DISTRICT NO. 6”IN SAID SANITATION DISTRICT,AS CONTEMPLATED BY RESOLUTION OF INTENTION NO.66-19-7,AS AMENDED BY RESOLUTION NO.66-51-7 AND RESOLUTION NO.67~4-7 OF SAID DISTRICT;AND ORDERING AND DIRECTING THE ENGINEER ‘OF ‘WORK TO AMEND AND MODIFY THE SAID ASSESSMENT AND DIAGRAM ON THE FACE THEREOF IN ACCORDANCE HEREWITH,” was thereupon presented to the Board of Directors for its con sideration,after which it was moved by Director Miller, seconded by Director Parks,that said Resolution No.67-45-7 be adopted,and the same was adopted by the following roll call vote: AYES:Directors Clifton C’.Miller (Chairman),Al Forgit, Thomas McMichael,Rex A.Parks,Ellis N.Porter,and David L~.Baker NOES:NONE U ‘I 0 0 ABSENT:NONE 0 -2- ‘4-26-67 The hearing upon said assessment was thereupon recessed for five minutes to permit the Engineer of Work to make the corrections and modifications in the assessment and diagram as directed by said Resolution No.67-~45-7.The Engineer of Work thereafter returned the assessment and diagram as corrected and modified under the order and direction of the Board of Directors as set forth in said Resolution No.67-~45-7, and the said Board of Directors now being satisfied with the correctness of the assessment and diagram,as corrected and modified by their instructions,it was moved by Director Baker that said assessment and diagram,as corrected and modified,together with the proceedings,be confirmed and approved and that the Engineer of Work shall forthwith attach a warrant to said assessment bearing the date of this order of the Board of Directors,which motion was seconded by Director Porter,and carried by the following roll call vote: AYES:Directors Clifton C.Miller (Chairman),Al Forgit, Thomas McMichael,Rex A.Parks,Ellis N.Porter, and David L.Baker NOES:NONE ABSENT:NONE The Board further instructed the Engineer of Work to record the assessment,warrant and diagram,but not to deliver the same to the contractor or his assignees until the problem of the unrestored fences and other similar items was clarified. The Board then further engaged in discussion among the Board members pertaining to the fence replacement and other similar matters after which the Board instructed the General Manager and his staff to conduct an immediate survey in the field to determine the work;to be done and to submit back to the Board a report and cost estimate of the work to be done at art adjourned regular meeting to be held on the following day, Thursday,April 27th. Approving amendment Moved,seconded and duly carried: to agreement with the City of Orange That the Board of Directors adopt Resolution No.67~148~7, approving Amendment No.1 dated April 26,1967,to the certain agreemeñtwi~theCity of Orange dated April 12, 1967,to provide for payment of funds received by the District from proceeds of Asse~sment District No.6,for capacity rights.Certified copy of this resolution is attached hereto and made a part of these minutes. R~ort of the engineers Mr.Conrad Hohener,representing on feasible methods of the District’s engineers,Boyle constructing a trunk sewer and Lowry,submitted a written and force main between report which described four the College Avenue Pump different systems and cost Station and Treatment estimates for extending the Plant No.I Gisler Trunk Sewer from the College Avenue Pump Station to Treatment Plant No.1.It was the joint recommendation of the District’s staff and engineers that the following system be adopted: -3- 4-26-67 A 1300’±20”force main in Gisler Avenue to run from the pumping station crossing Harbor Boulevard and discharge into a 33”gravity sewer which extends along Gisler Avenue to Gibraltar Avenue,then north to California Street to the existing District easement, and along the easement to connect with the existing 39”sewer which crosses under the Santa Ana lUver. Estimated cost -$300,000.This is the system on which a verbal report was given at the regular meeting of April 12,1967. Staff report concerning the financing of the proposed trunk sewer and force main by the Cities of Orange, Mesa Sanitary District. contractual arrangements that this would not be a At the April 12th meeting,:the staff reported that the proposed facility could be financed from District No.7 connection charge funds which had been accumulated Santa Aria,Thstin,and the Costa However,following a review of the with those entities,it was concluded proper use for those funds. The General Manager submitted preliminary budget figures for the forthcoming 1967-1968 fiscal year,which indicate that the project estimated by the engineers at $300,000, is within the financial capabilities of the District. Accepting proposal of Moved,seconded and duly carried: engineers for services re:Construction of That System (1)as recommended trunk sewer and force by Boyle and Lowry,Engineers, main between the College in their letter dated April 26, Avenue Pump Station and 1967,for the construction of Treatment Plant No.1 a trunk sewer and force main between the College Avenue Pump Station and Treatment Plant No.1,be adopted;and, That the proposal submitted by Boyle and Lowry,District’s Engineers,dated April 26,1967,for preparation of plans and specifications,be approved and accepted;arid, That payment for said services is hereby authorized to be made in accordance with the terms and conditions set forth in the proposal,as follows: Services listed in Paragraphs (a)through (a) of proposal Field Surveys .$15,280 Lump Sum .Per diem rate of $32.00 per hour for three-man survey party;not to exceed total of $1,500.00 ~4-26-67 Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District Mo.7 be adjourned to 5:30 p.m., Thursday,April 27,1967,in the District’s office,to receive the requested report from the General Manager. The Chairman then declared the meeting so adjourned at 9:45 p.m.,April 26,1967. Chairman,Board of Directors of County Sanitation District No.7 ATTEST: Secretary,Board of Directors of County Sanitation District No.7 -5- . . .