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HomeMy WebLinkAbout1980-10-02 - Board of Directors Meeting Minutes1603 October 2, 1980 The adjourned meeting of the Board of Directors was called to order by President Knauft at 7:30 p.m. October 2, 1980 in the offices of the District on Plumosa Dr.. Directors present, Roy Knauft, Howard Lindow, Fred Clodt, Art Korn and Whit Cromwell. Also present Ralph Shook general manager, Jean Mathews secretary, Betty Emblidge auditor, Pete Royere assistant general manager, Mike Payne eng- ineering manager, Sam Peterson engineer for the firm of Keith and Associates and ` Marc Winthrop attorney with Rutan and Tucker. There were also about thirty home e owners from the Sewer Assessment District 79-1. Moved by Director Clodt seconded by Director Lindow to receive and file the report on the Diemer Intertie, motion carried. ~ s President Knauft announced: "This is the time and place fixed by this Board of Directors for hearing of protests, objections or appeals in respect of the assessment and work under and pursuant to Resolution of Intention, Resolution No. 79-45, the report of the Engineer of Work ("Engineer" herein), prepared and filed under the Municipal Improvement Act of 1913". Moved by Director Lindow seconded by Director Cromwell to adopt RESOLUTION NO. 80-28 entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY e WATER DISTRICT APPOINTING SUPERINTENDENT OF STREETS. Roll call vote: Ayes, Lindow a Clodt, Korn, Cromwell and Knauft. Noes, none. Absent none. Abstain none. Passed and adopted this 2nd day of October 1980. President Knauft then asked the Secretary for the Declarations of Publication, Mailing and Posting Notice of Hearing and Decl.aration of Compliance with the requirements for Posting, Publication and Mailing. Secretary presented the above Declarations to the Board of Directors. Moved by Director Lindow seconded by Director Cromwell to receive and file Declarations of Posting, Mailing,Publication and Compliance as presented. Motion carried. Sam Peterson, Engineer of the project Assessment District 79-1, proceeded to explain the assessment district, the area covered, the various lines, showing the plans on the bulletin board and pointing out all the various property to be assessed and how it is benefitted by the improvements. He explained how the assessment was spread, all this in detail. Mr. Peterson then explained that there had been 23 bidders who picked up the plans and specifications and 12 final bids had been received. They ranged from the high of $292,000 to the low of $157,766. Mr. Peterson explained that he had re-spread the assessment on the same formula but to reflect the low bid of $157,766. He also told the home owners that there was a 6% discount for cash within the first 30 days and the cost of the bond service fee for each bond was $234.00. This bond service fee must be paid by everyone but for the people who pay cash the service fee will be refunded by the County Treasurer. The bonds are for 15 years at 92% interest. Discussion. Question and answer period. President Knauft asked if there were any written protests. The secretary read the one written protest that she had received from Mr. and Mrs. Gilbert Percifield. The President then asked Mr. and Mrs. Percifield if they desired to be heard. They did have questions, feeling that their assessment was much higher than a neighbor. Mr. Peterson the engineer explained the frontage, the high cost of paving, the manner in which the other areas had been sewered. President Knauft asked if they felt their questions had been answered to their satisfaction. October 2, 1980 (continued) 1604 Mr and Mrs Percifield said they were satisfied. The Engineer also explained that the easement had already been recorded and they could not withdraw their signatures. President Knauft asked they if they would like to withdraw their protest in writing. They did withdraw their protest with a letter given the secretary . President Knauft then asked if there were any persons present who wanted to make an oral protest. Mr. James Wall of 18922 J and J Lane asked why the property at the corner of Ohio and J and J Lane did not share in the rebuilding of J and J. The engineer explained that because the property fronted on Ohio and their drive was from Ohio that they received no benefit from the J and J Lane side and that he could not support in his judgement making the corner lot pay a portion of J and J repaving. The second question was from Mr. Robert Kennedy of 18971 Villa Terrace. Mr. Kennedy did not want to pay for the lateral because he did not feel that he would ever connect to the sewer system, for various reasons, landscaping etc, and his request was simply to remove the lateral from his property and reduce the cost. Discussion on a wye for the property, no connection at all, the depth of the line was taken into consideration along with a drain & water line, the lateral would have to go under both of these. The engineer again stated that he felt in his best judgement the lateral should go in when the street was torn up and when the rest of the construction was being done. President Knauft then asked the Board of Directors their desire on the two oral protests of Mr. Wall and Mr. Kennedy. Discussion,the Board were of the unanimous opinion that the Engineer Sam Peterson was the expert who had spread the assess- ment and the two oral protestswere over ruled according to the report and the testimony given by Mr. Peterson. There being no other oral protests and no other persons desiring to be heard on the matter, the President asked forla motion. Moved by Director Korn seconded by Director Lindow to close the protest hearing at 8;59 p.m., motion carried unanimously. Moved by Director Lindow seconded by Director Clodt to amend the assessment for Assessment District 79-1 to reflect the actual charges of $242,160.65, motion carried unanimously. Moved by Director Clodt seconded by Director Lindow to adopt RESOLUTION NO. 80-29 entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE: PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT: AND DESIGNATING OFFICIAL TO COLLECT AND RECEIVE MONEY. Roll call vote: Ayes, Directors Lindow, Clodt, Korn Cromwell and Knauft. Noes, none. Absent, none. Abstain, none. Passed and adopted this 2nd day of October 1980. Moved by Director Lindow seconded by Director Korn to adopt Resolution No. 80-30 entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT, AWARDING CONTRACT. Roll call vote: Ayes, Lindow, Clodt, Korn, Cromwell and Knauft. Noes, none. Absent, none. Abstain, none. Passed and adopted this 2nd day of October, 1980. Moved by Director Lindow seconded by Director Clodt to adopt RESOLUTION NO. 80-31 entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT AWARDING BONDS. Roll call vote: Ayes, Lindow, Clodt, Korn, Cromwell and Knauft. Noes, none. Absent, none. Abstain, none. Passed and adopted this 2nd day of October 1980. 1605 October 2, 1980 (continued) President Knauft declared a five minute recess at 9:00 p.m. Meeting reconvened at 9:05 p.m. The agenda item on the claim of Michael Vasquez and Paul Watson memorandum. President Knauft explained that the claim should have been made to MWDOC on the Diemer Intertie construction site. Moved by Director Korn seconded by Director Cromwell to deny the claim of Michael Vasquez and Paul Watson, motion carried unanimously. Moved by Director Cromwell seconded by Director Korn to approve for payment the audited bills in the amount of $68,292.65 on checks number 10903 through 10935. Motion carried unanimously. Moved by Director Korn seconded by Director Cromwell to adjourn the meeting at 9;13 p.m. Jean E. Mathews, Secretary