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HomeMy WebLinkAbout1966-11-30 - Board of Directors Meeting MinutesNovember 30, An adjourned County Water at 8:30 A.M. present and attorney for 1966 meeting of the Board of Directo District was called to order by at the offices of theDistrict. )nswered the roll. Also present the District. 532 rs of the Yorba Linda President Wagner All Directors were was H. Rodger Howell General Manager announced that Howard Lanham from the Bank of America had invited theBoard to lunch on December 14, 1966. Moved by Director Hastings seconded by Director Clodt and un- animously approved to renew the General Manager's blanket approval of permits for the Assessment District 64-1 ( 1911 Act) for anothre six months. Moved by Director Hastings, seconded by Director McGuire un- animously carried that the District give each employee a turkey at Christmas again this year. Moved by Director McGuire, seconded by Director Knauft that'-the General Manager and key employees designated by him be authorized to attend the Orange County Water Association Christmas party December 10th at District expense. Motion carried unanimously. General Manager Ralph Shook read a letter from the City of Oklahoma City, thanking the District for its reply to their request for material on public relations. General Manager announced the annual meetings of theCalifornia Mutual Water Companys Association and Southern California Mutual Water Company Association in Corona December 15, 1966. General Manager Shook read a letter from Robert Dubrow regarding the Assembly Interim Committee Hearing December 12-13_. Suggested that Mr. Shook write Mr. Dubrow and suggest that the meeting should be attended by representatives of I.D.A. to protect the common interests of I.DA. Mr. Shook read a letter he had prepared regarding the Con Rock incorrect meter readings and subsequent incorrect billing in which he stated that the District would accept, as full and complete payment of any monies owing, the sum of $30,000.00. Discussion Board felt this was a very good compromise and that the District should in turn go back to Badger Meter Company for further adjust- ment inasmuch as the meters had incorrect registers furnished by Badger for the size meter. Mr. Bruce Wallace a new attorney of Rutan and Tucker came into the meeting at this time. Assignment on refund agreements - S-23 and 5-24 duplicate original presented for attorney's approval. Form approved by Attorney Howell. 533 November 30, 1966 ( continued) The bids for Asbestos Cement pipe were re.orted as follows: Certain-teed Products Corp. total bid of 66,530.00 and Johns- Manville Products Corp, total bid of $68,190.00. Moved by Director Hastings seconded by Director Clodt carried unanimously to award the Contract for Asbestos Cement Pipe for the year 1967 to Certain-teed Products, Corp. the low bidder. Moved by Director Hastings, seconded by Director McGuire.:carried unanimously to pay the audited bills and refunds in the amount of $13,596.21 and 293.00 respectively on checks numbered 9172 through 9208. Moved by Director McGuire seconded by Director Clodt carried un- animously that all Directors have permission to leave the State for either business or pleasure between this meeting and the next regular meeting of the Board. The hour of 9:30 A.M. November 30, 1966 having arrived the President of the Board announced this is the time and place fixed for the hearing of protests, objections or appeals in respect of the assessment and work under and pursuant to resol Lion of intention, Resolution No. 136, and the Improvement Act of 1911. Secretary presented the affidavits of publication, mailing and posting notice of hearing on assessment. All checked by Attorney Fritz Stradling and filed. Secretary at this time read all letters of protest in full from the following people: John L. Winlund 4631 Garden Place, Leroy Hull 4691 Garden Place, Elizabeth Detweiler Mead and Sterling V. Mead 4661 Garden Place, Robert L. Cochran 4651 Garden Place, L. J. Zimmerman 4632 Garden Place, Mr. and Mrs. L.W. Roskelly 4652 Garden Place, Mr. and Mrs. Roy Pritchard 4672 Garden Place, Norman T. Cottom 4682 Garden Place, Edna M. Harwood 4692 Garden Place, Irene Teed Walker 4777 So. Palm, Edna E. Fetterman 4752 Main Street George F. Plumb 4865 Park Ave., Alice M. Ross 4891 Park Place, March C. Butz 4941 Park Ave., Roland E. Biogonger 4897 Main Street. Pre d s tppe t 9-Rt~~ 9 Mr. Rossetti of Laurence J. Thompson Inc. the Assessment Engineering firm who spread the assessment explained to the Board of Directors and the people present for the hearing, his background and how he arrived at the formula for spreading the assessment. Spread on a benefit basis only and not according to the valuation of the pro- perty but size of lot and frontage are figured in also. The as- sessment is against the land and not the improvemtment on the land, because there was no difference in construction or size of line all commercial and residental were assessed on the same basis. November 30, 1966 (continued) 534 President Wagner then asked if any person present who had filed a written protest or his representative, desired to be heard in support of such protest? Mr. Plumb of .44865 Park Place stated that his assessment was ex- cessive because his frontage on Shaw Lane was not enough for a building lot unless his present home was removed and the lots were divided in the opposite direction, that he had a connection on Shaw Lane and also on Park Place, and couldn't possibly use the one on Shaw. This increased his assessment $171.00. Mr. Robert Cochran of Garden Place stated that the assessments on all lots in Garden Place were 50% higher than the original estimate and he felt the assessment was much higher than the benefit received. Mr. Cochran also asked if it could be on assessed valuation and Mr. Rossetti stated no, on benefit only. Mr. Cochran also asked method of payment, the answer was cash in 30 days or 6% interest if spread over ten years. Mr. H. A. Carter asked if there was any additional area to come in to benefit from these particular sewer trunk lines and the answer was no these benefited the Assessment District only. Byrl Helmers asked if everyd-ne had to pay a connection fee of $350.00 per acre. Yes this applies to everyone in the assessment district but it is collected when they make application for permit when they connect to the sewer. Mr. H. Rodger Howell attorney for theDistrict gave a short resume or history of the sewer program of the District in other areas other than the Assessment District 64-1. Present at the hearing were Mr. Mead, Mr. Plumb, Mr. Cochran, Byrl Helmers, Mr. Barnes, Mrs. Fetterman, Mr. H.A. Carter, Barbara Machado from the Yorba Linda Star, Mr. Rosetti ofLaurence Thompson Assessment Engineers, Mr. Fritz Stradling attorney, and Mr. Milo Keith engineer from Lowry and Associates. President Wa ner asked if there were any oral protests from persons who had not/ ritten protest. No protests. Mr. Plumb again stated that he had no use for the lot on Shaw Lane he only needed the one connection, that he had been told by the County the lot facing Shaw was not large enough to use and if the assessment stood as it had been spread he might as well deed his property over to the District because he could not pay even a part of its. Mr. Hastings asked how the charge on the Shaw lane frontage was justified? There was no charge on frontage on Shaw Lane only on Park Place the extra charge on Shaw was the connection. No further protests. Mr. Rossetti stated that he could not stand back of a respreading of the assessment for the Garden Place area because according to his formula it was a fair and equitable spread 535 November 30, 1966 ( c-antinued) even though it was higher than Mr. Keith's original estimate given at the time the petitions were signed. All persons having been heard and there being no others present who wish to beheard, the President declared the hearing closed. The Board of Directors adopted the Resolution No. 152 over ruling the protests and confirming the assessment as follows: RESOLUTION NO. 152 Resolution of theBoard of Directors of Yorba Linda County Water District, California, Making Determinations and Confirming Assessment and Proceedings Under Resolution of Intention, Resolution No. 136. ( Assessment District No. 64-1) WHEREAS, the Engineer of the Yorba Linda County Water District, California, has heretofore filed in the office of the Secretary of said District an assessment and diagram for that certain work or improvement in said District done under and pursuant to the Improvement Act of 1911, Division 7 of the Streets and Highways Code of-California, and resolution of Intention, Resolution No. 136, adopted by this Board of Directors on the 22nd day of December, 1965; and WHEREAS, after the filing of said assessment and diagram the said Secretary has, as required by law, given notice of the filing of said assessment and of the time fixed in said notice for hearing by this Board of Directors, and affidavits of publication, post- ing and mailing of such notices have been approved by this Board of Directors and are on file; and WHEREAS, at the time and place fixed in such notice a hearing was duly held by this Board of Directors•at which all written appeals, protests or objections were duly presented and read, and all persons desiring to be heard thereon were heard, and this Board of Directors gave all persons present an opportunity to beheard in respect of any matter relating to said work or improvement, to any act or determination of the Engineer of said District, to the contract for said work or-the performance of said assessment or said diagram, or to any other act, determination or proceedings of said Engineer, or to any matter relating to said work, the assess- ment district or the proceedings therefor; and WHEREAS, all such persons desiring to be heard have been heard by this Board of Directors, and this Board of Directors is fully informed in the premises; NOW, THEREFORE, The Board of-Directors of Yorba Linda County Water District DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows: Section 1. That said hearing has been duly held; that each and every step in the proceedings prior to and includ- ing the hearing has been duly and regularly taken; that this Board of Directors is satisfied with the correctness of the assessment, November 30, 1966 (continued) 536 the diagram, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied except to the extent heretofore allowed, and this Board of Directors does hereby confirm said proceedings and said assessment. Section 2. That this resolution shall be entered upon the minutes of this Board of Directors. ADOPTED, SIGNED AND APPROVED this 30th day of November, 1966. __/s/ Merwin Wagner President of the Board of Directors of the Yorba Linda County Suter District Attest: /s/ Jean E. Mathews Secretary of the Board of Directors of Yorba Linda County Water District Roll call vote: Ayes: Directors, Hastings, Wagner, C1odt, McGuire and Knauft. Noes: None Absent: None Meeting adjourned on a motion by Director Clodt, seconded by Director Hastings carried unanimously. ?Jean E. Mathews Secretary