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Minutes - Board - 1972-10-04• MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT HELD AT 77 FAIR DRIVE October 4, 1972 PRESENT: Directors - Rima, Glockner, Briggs, Warren and Porter ABSENT: Directors - None Officials Present: Manager Eldridge, Director of Finance Oman, Attorney June, Engineer Stevens and Assistant Secretary Angel The meeting was called to order at 7:30 p.m. by President Porter. Minutes of Upon motion by Director Rima, seconded by Director Glockner and September 6 unanimously carried, the minutes of September 6 and September 14, and 14, 1972 1972, were approved as posted and distributed. Occupancy Report A communication was read by Manager Eldridge requesting an addition of 42.5 units to the Occupancy Count. It was moved by Director Warren, seconded by Director Rima, and unanimously carried, that 42.5 units be added to the Occupancy Count, making a total of • 19,850 as of October 1, 1972• Financial Report Upon motion by Director Warren, seconded by Director Briggs, and unanimously carried, the Financial Report for the month of September, 1972, was approved as submitted. Auditor's Report Manager Eldridge submitted the Auditor's Report for the year ending for year ending June 30, 1972. Director Warren made a motion, seconded by Director June 30, 1972 Briggs, and unanimously carried, that the Auditor's Report be accepted as submitted. Resolution No. Manager Eldridge informed the Board that he had received a copy of 72 -259 Requesting a resolution adopted by Orange County Sanitation Districts, requesting Board of Super- the Orange County Board of Supervisors to improve certain portions of visors to Improve the Santa Ana River, and asking the Board of Directors of the Costa Portions of Mesa Sanitary District to adopt a similar resolution in support of Santa Ana River their request. After discussion, Director Glockner made a motion to adopt Resolution No. 72 -259, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF • - 2 - iORANGE, CALIFORNIA, TO IMPROVE PORTIONS OF THE SANTA ANA RIVER TO MITIGATE THE POTENTIAL INUNDATION OF THE DISTRICT'S TREATMENT PLANTS NOS. 1 and 2." This motion was seconded by Director Warren and carried by the following roll call vote: AYES: Directors - Briggs, Warren, Rima, Glockner and Porter NOES: Directors - None ABSENT: Directors - None Easement Deed Manager Eldridge presented an Easement Deed from Nellie Ruth from Segerstroms, Segerstrom, et al to the Costa Mesa Sanitary District for a et al perpetual easement and right of way for sanitary sewer purposes located southerly of Paularino Channel and west of Fairview Road. After discussion, Director Warren made a motion, seconded by Director Briggs, that the above mentioned easement deed be accepted and the Assistant Secretary instructed to place it on record with the County Recorder. This motion carried by the following roll call vote: AYES: Directors - Rima, Glockner, Briggs, Warren and Porter • NOES: Directors - None ABSENT: Directors - None Easement Deed Manager Eldridge presented an Easement.Deed from Parkwood Village, from Parkwood Ltd., a California Ltd. partnership, to the Costa Mesa Sanitary Village, Ltd. District, for a perpetual easement and right of way for sanitary sewer purposes located in a portion of Lot 11, Block E, of the Berry Tract. After discussion, Director Warren made a motion, seconded by Director Rima, that the above mentioned easement deed be accepted and the Assistant Secretary instructed to place it on record with the County Recorder. This motion carried by the following roll call vote: AYES: Directors - Rima, Glockner, Briggs, Warren and Porter NOES: Directors - None ABSENT: Directors - None Annexation Attorney June informed the Board that the Local Agency Formation No. 145, Commission had authorized the District to annex the property described Resolution in Annexation No. 145 without notice or public hearing by the Board, No. 72 -123 -A and without an election, since it is an annexation requested by 100% of the owners of the real property being annexed. - 3 - Thereupon, Director Glockner made a motion that Resolution No. 72- 123 -A, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DISTRICT WITHOUT ELECTION OR HEARING AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 145," be adopted. This motion was seconded by Director Briggs and carried by the following roll call vote: AYES: Directors - Briggs, Warren, Rims, Glockner and Porter NOES: Directors - None ABSENT: Directors - None Annexation No. Attorney June informed the Board that the Local Agency Formation 146 Commission had authorized the District to annex the property Resolution described in Annexation No. 146 without notice or public hearing No. 72 -124 -A by the Board, and without an election, since it is an annexation requested by 100% of the owners of the real property being annexed. Thereupon, Director Briggs made a motion, that Resolution No. 72- 124 -A, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING AND • ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DIS- TRICT WITHOUT ELECTION OR HEARING AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 146," be adopted. This motion was seconded by Director Glockner and carried by the following roll call vote: AYES: Directors - Briggs, Rima, Glockner, Warren and Porter NOES: Directors - None ABSENT: Directors - None Letter from Attorney June informed the Board that he had received a letter from Office of the office of Supervisor Ronald W. Caspers, acknowledging his letter Supervisor pertaining to sewer right of way across County property. The letter Ronald W. was ordered received and filed. Caspers Letter Re Manager Eldridge informed the Board that he had received a letter Sewerage reporting on the Santa Ana Army Air Base Sewerage Facilities for Facilities the period ending September 6, 1972. Upon motion by Director Rima, Santa Ana seconded by Director Warren, and unanimously carried, the letter Army Air Base was ordered received and filed. -4- 17irector of Director Glockner made a motion authorizing the President and Finance Secretary to sign Report No. 72 -4 instructing the County Report No. 72 -4 Auditor to draw a warrant from the General Running Expense Fund in the amount of $44,311.98• This motion was seconded by Director Rims, and carried by the following roll call vote: AYES: Directors - Rima, Glockner, Warren, Briggs and Porter NOES: Directors - None ABSENT: Directors - None Director of Director Glockner made a motion authorizing the President and Finance Secretary to sign Report,No. 72 -5 instructing the County Auditor Report No. 72 -5 to draw a warrant from the No. 7 Sewer Trunk Fund in the amount of $12,721.87. LJ Sewer Service to Development of 40 -acre Parcel of Newport Beach Land at the West End of 19th Street • This motion was seconded by Director Rims, and carried by the following roll call vote: AYES: Directors - Rims,, Glockner, Briggs, Warren and Porter NOES: Directors - None ABSENT: Directors - None Manager Eldridge introduced to the Board representatives .from the City of Newport Beach and Leadership Homes Development. Guests present were: Mr. Robert Winn, City Manager Mr. Ben B. Nolan, City Engineer Mr. Joe Devlin, Director of Public Works Mr. Don Simpson, Engineer for development Mr. Robert Kendall, Leadership Homes Development Manager Eldridge stated that several questions have been raised: (1) Is the Sanitary District interested in participating with the developer to install the sewer that might be necessary in the future for the entire acreage? (2) If the District is interested in participating, to what extent? (3) Whether or not we would provide service to the property through a service contract or annexation. - 5 - Mr. Robert Kendall of Leadership Homes made a presentation of the proposed 40 -acre development. Mr. Don Simpson then dis- cussed the sewer capacity now and for the future. There are three possibilities for securing service to this area: (1) Service by City of Newport Beach (2) Service by Agreement with Costa Mesa Sanitary District (3) Service by annexation to Costa Mesa Sanitary District Manager Eldridge then informed the representatives of Leadership Homes and the City of Newport Beach that traditionally the District has required the developer to construct the necessary facilities. Also, the uncertainty of the ultimate development in this area makes it difficult to determine the need for the large capacity sewer. After discussion, the Board established and explained its position on the development as follows: (1) They would not participate in the construction of the ultimate sewer system as this is the responsibility of the developer. However, they would create and administer a reimbursement agreement with the surrounding properties so that at such time as they develop they would then pay their share of the sewer costs to Leadership. (2) They would serve the property by a service agreement with Newport Beach. However, the service charge of $6.00 /unit presently being charged other areas of this sort is no longer adequate and must be increased. Staff was directed to make a recommendation as to what the service charge should be at the next meeting. Jusb prior to the end of the meeting, the Board agreed that should the developer decide not to construct the ultimate sewer system at this time, but merely to construct a system large enough to serve their 40 acres, the Costa Mesa Sanitary District would then refuse to serve the property in any way. Adjournment Upon motion by Director Warren, seconded by Director Rima and unanimously carrie , he meeting was adjourned at 9:00 p.m. President Secretary rIL