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
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‘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:
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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
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