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Minutes - Board - 1959-12-03NB.' TLTLS OE' TIM REGULAR MEET`�1T. G BOARD OF DIRECTORS OF ULT COSTA MESA S,"IDUARY DISTRICT HELD AT 695 W. 191H STPUET December 3, 1959 Roll Call Present: Directors Stephens, Norman, Porter, Hollister and Meyers. Absent: Directors - None. Officials Present: Assistant Secretary Swartz, Engineer Southworth, Attorney Dungan, Street Foreman Heller. The meeting was called to order at 7 :30 p.m. by President Meyers. Minutes Upon motion by Director Stephens, seconded by Director Hollister and unanimously carried, the minutes of the November 5 meeting were approved without reading. Public Hearing The Secretary advised the Board of Directors that this was the time Confirmation of and place fixed, pursuant to statute and notice given, for the hearing Assessment for in the matter of the assessment for the construction of sanitary Annexation 7 #19 (sewers and appurtenant work in Assessment District No. 5, Improvement District No. 19, as described in Resolution of Intention No. 82, adopted by the Board of Directors of said District on the 20th day of November, 1958. The Secretary also informed the Board that affidavits of the mailing, posting and publications of the Notice of Filing Assessment were on file in his office, and that eight appeals or objections had been filed in his office prior to the day set for the hearing by: Board of Supervisors County of Orange Mr. & Mrs. James C. Selby 1082 Palisades Road, Santa Ana San Gabriel College a 2261 Orchard Dr., Santa Ana W. I. Cain 1571 Mesa Drive James Hurtado 20377 Acacia, Santa Ana Claude W. Wells 20132 S.W. Birch St. Santa Ana A. J. Delphino 1623 Mesa Drive, Santa Ana Mrs. Thomas Lanyon 20322 Kline Dr., Santa Ana These protests were then read. The President then asked if there were any interested persons present desiring to be heard in the above mentioned matter. The following persons spoke in behalf of their written protest: Geo. Holden County of Orange The following persons asked general questions concerning the assess- ments: Mr. & Mrs. Warren B. Fox 1720 Orchard Dr.,Santa Ana Betty Kleber 20201 S.W. Orchid, Santa Ana Mr. Hale 20201 S. W. Cypress Santa Ana Mrs. Thomas Lanyon 20322 Kline Dr, Santa Ana A. J. Delphino 1623 Mesa Drive, Santa Ana J. C. Selby 1082 S.E. Palisades Rd, Santa Ana - 2 - Annex. #19 Mrs. Holmes Worley Confirmation Robert Hurtado 20377 Acacia, Santa Ana of Assessments Claude Wells 20132 Birch St., Santa Ana Geo. Holden County of Orange W. I. Cain 1571 Mesa Drive Mr. Samuels 20152 Birch, Santa Ana It was moved by Director Hollister, seconded by Director Stephens and unanimously carried to instruct the Engineer to investigate the property of Robert Hurtado regarding the grade of the land and the lateral in relation to the ground level to determine any responsibility on the part of the District. Upon motion of Director Hollister, seconded by Director Porter and unanimously carried, the Engineer was instructed to investigate the property of Clai; /:e W. Wells regarding the grade of the land and the lateral in relation to the ground level in order to determine any responsibility on the part of the District. All interested persons 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 moved by Director Porter, seconded by Director Stephens, and unanimously carried that all objections, both written and oral, be and the same are here- by overruled and denied. The Engineer reported the following changes in legal descriptions and a split in a certain assessment charge: Assessment Number 470 Tract No. 456, NE].y 60 ft., SWly 392.5 ft. (except SEly 195 ft.) of Lot 19 Document #135306 - 10 -9 -56, Book 3670/346 Blanchard, Lydia D. 471 Tract No. 456, NEly 117.5 ft. SWly 510 ft. (except SEly 195 -ft.) lot 19 Document #85678 - 7 -1 -57 Book 3957/580 Schworer, William J. 474 Tract No. 456, NWly 135 ft. NEly 302.5 ft. (except SWly 177.5 ft) Lot 19 Document #150882 - 1.2 -2 -58 Book 4501/447 Kubover, Ruth E. 381 To be split into the southwesterly 53 feet and the northwesterly 64 feet. Owner of the southwesterly 53 feet: $346.58 J. B. & Ruby Hyland 918 Senate Street Costa Mesa, California Owner of the northeasterly 64 feet: 400.04 Ross A. & Elinor Hunt 20042 Birch Street Costa Mesa, California - 3 - Resolution #111 Thereupon Director Hollister moved the adoption of Resolution #111, Changes & Modifica- " A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY ions DISTRICT, ORANGE COUNTY, CALIFORNIA, ORDERING CERTAIN MODIFICATIONS IN THE PROPOSED ASSESSMENT, ASSESSMENT DISTRICT NO. 5, IMPROVEMENT DISTRICT NO. 19." The motion was seconded by Director Porter and carried by the following roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. NOES: Directors - None. ABSENT: Directors - None. A 20- minute recess was called at 8:55,in order for the Engineer to alter certain legal descriptions and to split a certain assessment charge. The District Engineer returned the said assessment and diagram, as modified under the direction of the Board of Directors, the said Board of Directors now being satisfied with the correctness of the assessment and diagram as modified under their instructions, it was moved by Director Porter that the said assessment and diagram, as modified, together with the proceedings leading up to same, and all acts and determinations of all officers of the Costa Mesa Sanitary District in relation to the work done and to said Assessment and the diagram attached thereto be and the same are hereby modified and confirmed and approved and that the District Engineer shall forthwith attach a warrant in the manner and form provided by law; and he is • further ordered to deliver said warrant, diagram and assessment to the Contractor, or his assignee, as the case may be, forthwith upon payment of the incidental expenses due thereof. The motion was seconded by Director Norman and.unanimously carried. Public Hearing The Secretary notified the Sanitary Board that this was the time and Annexation #60 place fixed for the hearing on +he petition presented to the Board for the annexation of the northwest clubhouse of the Santa Ana Country Club, hereinafter known as Annexation #60. The President then announced that this was the time and place set for the hearing of protests. The President then inquired of the Secretary whether any written objections to the annexation had been filed with him prior to the time set for the hearing. The Secretary reported that he had not received any written objections against the proposed annexation and /or the inclusion of any property within such annexation territory. The Assistant Secretary had not received any written objections in his office. There being no protests or objections from the floor, it was moved by Director Hollister, seconded by Director Porter and unanimously carried that the hearing be closed. Resolution #38A Whereupon, on motion of Director Stephens, seconded by Director 1,1nnexation #60 Norman, Resolution No. 38A, an ORDER AND RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE.COUNTY,, CALIFORNIA, APPROVING AN1V'EMION N0. 60 was adopted by the following roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. NOES: Directors - None. ABSENT: Directors - None. ..4- Monthly Financial Upon motion of Director Porter, seconded by Director Hollister and Report unanimously carried, the Financial Report for November was accepted 0 and ordered filed. House Count A communication was read by Assistant Secretary Swartz requesting an addition of 108 units to the house count. It was moved by Director Hollister, seconded by Director Norman and unanimously carried that 108 units be added to the house count making a total of 12,529 as of December 1, 1959. Acceptance of Ease- It was moved by Director Stephens and seconded by Director Norman that ment Deed the easement deed from James M. and Rachel S. Tye, being a portion (James M. & Rachel of Lot 910, Newport Mesa Tract, be accepted by the District. The S. Tye) motion was carried by the following roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. NOES: Directors - None. ABSENT: Directors - None. Request for It was reported that a check had been received for Lots 9 and 10 Annexation of the Fairview Tract with the request that this property be annexed Annex. #61 to the Costa Mesa Sanitary District. Resolution #113 The Attorney reported that some damage had been done to Eucalyptus Annex. #19 Trees on the property owned by Mr. Friswold in acquiring the right of way. It was moved by Director Hollister and seconded by Director Norman to adopt Resolution #113, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COMM, CALIFORNIA INSTRUCTING THE DIRECTOR OF FINANCE TO DRAW A WARRANT FOR PAYMENT OF DAMAGES ".. The resolution was adopted by the following roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. NOES: Directors - None. ABSENT: Directors - None. • It was moved by Director Stephens, seconded by Director Hollister and unanimously carried that the Engineer and Attorney submit the necessary maps and legal descriptions for approval of the Boundary Commission and to set the hearing for January 7, 1959 at 7:30 p -m. ' eesolution #112 Upon motion of Director Porter, Resolution #112, being "A RESOLUTION R /W's Annex. #19 OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DIS`T'RICT, ORANGE COUNTY, CALIFORMA RENEGOTIATING ACQUISITION OF CERTAIN EASEMENT'S AND INSTRUCTIN' THE DIRECTOR OF FINANCE TO ISSUE..WARRANTS THEREFORE ", was adopted. The motion was seconded by Director..Stephens and'y carried by the following roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. FOES: Directors - none. ABSENT: Directors - None. Resolution #113 The Attorney reported that some damage had been done to Eucalyptus Annex. #19 Trees on the property owned by Mr. Friswold in acquiring the right of way. It was moved by Director Hollister and seconded by Director Norman to adopt Resolution #113, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COMM, CALIFORNIA INSTRUCTING THE DIRECTOR OF FINANCE TO DRAW A WARRANT FOR PAYMENT OF DAMAGES ".. The resolution was adopted by the following roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. NOES: Directors - None. ABSENT: Directors - None. • - 5 - r WR #50 Upon motion of Director Stephens, seconded by Director Porter, Warrant Resolution +50 for payment of $12,211.47 from the Running Expense kind was approved and paid by the following,roll call vote: AYES: Directors Stephens, Norman, Porter, Hollister and Meyers. NOES: Directors - None. ABSENT: Directors - None. Adjournment Upon motion of Director Hollister, seconded by Director Stephens and unanimously carried, the meeting was adjourned at 10 :00 p.m. to January 7, 1960 at 7 :30 p.m. • V, I P