Minutes - Board - 1974-04-03• MINUTES OF THE REGULAR MEETING
BOARD OF DIRECTORS
COSTA MESA SANITARY DISTRICT
HELD AT 77 FAIR DRIVE
April 3, 1974
Roll Call Present: Directors - Glockner, Warren, Rima, Porter
Absent: Directors - Briggs (arrived 7:35 p.m.)
Officials Present: Manager Eldridge, Director of Finance
Oman, Engineer Stevens, Attorney June,
Assistant Secretary Machamer.
The meeting was called to order at 7:30 p.m. by President
Porter.
Minutes of Upon motion by Director Rima, seconded by Director
March 6 and Warren, and unanimously carried, the minutes of March 6,
March 19, 1974, and March 19, 1974, were approved as posted and
1974 distributed.
Briggs Arrived Director Briggs arrived at 7:35 p.m.
Victoria The status report on the Victoria Street Sewer Project
Street Sewer was pulled from the agenda and discussed at this time.
�roject Manager Eldridge presented a request from Jones Brothers
Construction Company for an additional payment on his
contract resulting from extra work due to soil problems
and poor weather conditions. Mr. Rex Jones and his
attorney, Robert F. Gusky, were present and presented
their claim to the Board. Manager Eldridge presented
the staff's recommendation for settlement. After
lengthy discussion, Director Warren made a motion to
authorize the extra payment in the amount of $17,000.00
as settlement of the disputed claim. This motion was
seconded by Director Glockner, and carried by the
following roll call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
It was stipulated between Mr. June and Mr. Gusky, the
attorneys for the District and Mr. Jones, respectively,
that the settlement agreed upon by the District and
Mr. Jones did not in any manner constitute an admission
of liability.
It was further agreed that a warrant would be issued
• in the amount stipulated less 15% retention, and would
be dispersed upon receipt of releases on all stop notices.
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4 -3 -74
Minute
Director Glockner made a motion, seconded by Director •
Correction
Warren, and unanimously carried, that the minutes of
December 5, 1973, be amended to read:
"Director Glockner made a motion to go on record
in opposition to the parking management regulations
proposed by the Federal Environmental Protection
Agency. This motion was seconded by Director Warren,
and unanimously carried."
Orco
Mr. June reported on the revised agreement between the
Contract
District and Orco Disposal. This contract would be
in effect until July 1, 1979, and would not be trans-
ferrable without the District's consent. After discussion
Director Glockner made a motion to approve the revised
contract as written. This motion was seconded by
Director Rima, and carried by the following roll call
vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Wilson
Manager Eldridge presented letters received from DeLeon
Street Sewer
Construction regarding the sewer construction project
Project
on Wilson Street from Harbor Boulevard to Placentia
Avenue. Attorney June reported that the contractor •
has requested the return of his performance bonds,
and rescission of their contract with the District.
The staff's recommendation would be to mutually rescind
this contract. After discussion, Director Rima made
a motion to approve the mutual rescission of the contract
between DeLeon Construction and the District, and upon
receipt of a general release from DeLeon Construction
Mutual
and.issuance of a release from the District, the bonds
Rescission
will be returned. This motion was seconded by Director
of Contract
Warren, and carried by the following roll call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Occupancy A communication was read by Manager Eldridge requesting
Report an addition of 12 units to the Occupancy Count. It was
moved by Director Briggs, seconded by Director Warren,
and unanimously carried, that 12 units be added to the
Occupancy Count making a total of 20,495 as of April 1,
,,1974:, :1.; 7 -
Financial. Upon motion by Director Warren, seconded by Director
Report Briggs, and unanimously carried, the Financial Report
for the month of March, 1974, was approved as submitted. .
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4 -3 -74
efund
Rzquest
Manager Eldridge presented a request for refund of
connection charges on Permit #2589 from Dugo .Corporation,
694 West 17th Street, Costa Mesa, in the amount of $367.50.
Director Glockner made a motion, seconded by „Director
Briggs, that Dugo Corporation's request be granted in
the amount of $352.50 ($367.50 less $15.00 administrative
fee). This motion carried by the following roll call
vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Sewer
Manager Eldridge submitted an Easement Deed from
Easement
Ambassador Inns of America, Inc. to the District for a
Ambassador
perpetual easement and right of way for sanitary sewer
Inns
purposes. Director Glockner made a motion, seconded
by Director Briggs, that this Easement Deed No. 2263
be accepted and the Assistant Secretary instructed to
place said Deed on record with the County Recorder.
This motion carried by the following roll call vote;
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Manager Eldridge submitted an Easement Deed from
�ewer
asement
South Coast Plaza, Sears, Roebuck and Company, the
South Coast
May Department Stores, and Federated Department Stores,
Plaza
Inc. to the District for a perpetual easement and right
of way for sanitary sewer purposes. Director Briggs
made a motion, seconded by Director Warren, that this
Easement Deed dated June 12, 1973, be accepted and the
Assistant Secretary instructed to place said Deed on
record with the County Recorder. This motion carried
by the following roll call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Assessment
Director of Finance Oman reported that there was an
Cancellations
error on the original listing from the County for
assessment cancellations, and recommended that the
Board's - action of December 5, 1973 be rescinded.
Director Briggs made a motion�to rescind t'he motion
of December 5, 1973, for cancellation of assessments
in the amount of $1,806.00. This motion was seconded
by Director Warren, and carried by the following roll
call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
•
NOES: Directors - None
ABSENT: Directors - None
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Assessment Director of Finance 'Oman presented a revised listing •
Cancellations of parcels _ of - property that were assessed for trash
but because of their tax exempt status should be
cancelled from the .tax rolls,:.
- - - Parcel
Number 1968 -69 1969 -70 1971 -72 1972 -73 1973 -74 TOTALS
115- 150 -25 $ 912.00 $ 912.00
115 - 150 -26 24.00 24.00
115 - 160 -08 24.00 24.00
115 - 160 -27 23.00 24.00 47.00
115- 160 -37 - 24.00 24.00
115- 160 -07 (aka 115 - 160 -39 & 115 - 160 -40) 23.00 24.00 47.00
116- 051 -12 23.00 23.00 24.00 70.00
116- 291 -36 24.00 24.00
116- 371 -25 (aka 424 - 011 -26) 24.00 24.00
117- 081 -46 40.00 40.00
119- 163 -02 24.00 24.00
119- 163 -22 23.00 24.00 47.00
119 - 282 -32 20.00 20.00
119- 282 -40 20.00 20.00
139 - 561 -01 57.50 57.50 60.00 175.00
141- 061 -07 15.00 15.00
141 - 101 -13 24.00 24.00
141 - 292 -19 24.00 24.00
141- 313 -11 15.00 20.00 35.00 •
141- 313 -12 15.00 20.00 35.00
141- 341 -01 15.00 20.00 24.00 59.00
aka 141- 341 -02
aka 141 - 282 -18
141 - 531 -01 15.00 15.00
141- 531 -02 15.00 15.00
141- 546 -23 15.00 20.00 35.00
412 - 113 -02 23.00 24.00 47.00
TOTALS $ 105.00 $ 160.00 $ 80.50 $ 172.50 $1,308.00 $ 1,826.00
The tax assessments of these parcels total $1,826.00.
Director Briggs made a motion to approve cancellation of
the assessments in the amount of $1,826.00. This motion
was seconded by Director Warren, and carried by the
following roll call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Annexation Attorney June presented Resolution making application
No. 151 to the Local Agency Formation Commission for Annexation •
Resolution No. 151 to the Costa Mesa Sanitary District. He
74 -272 informed the Board that the annexation fee had been
received along with the letter of request.
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�nnexation Director Glockner made a motion that Resolution No.°
. 151 74 -272 being A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY,
CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION OF ORANGE COUNTY, CALIFORNIA, FOR
THE ANNEXATION OF TERRITORY TO THE DISTRICT, be adopted.
This motion was secon
by the following roll
AYES: Directors
NOES: Directors
ABSENT: Directors
ded by Director Briggs, and carried
call vote:
- Glockner, Briggs, Warren, Rima,
Porter
- None
- None
Director of Director Warren made a motion authorizing the President
Finance Report and Secretary to sign Report 73 -12 instructing the County
No. 73 -12 Auditor to draw a warrant from the General Running
Expense Fund in the amount of $62,513.16. This motion
was seconded by Director Briggs, and carried by the
following roll call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Director of Director Warren made a motion authorizing the President
0 finance Report and Secretary to sign Report 73 -13 instructing the County
o. 73 -13 Auditor to draw a warrant from the Facilities Revolving
Fund in the amount of $352.50. This motion was seconded
by Director Briggs, and carried by the following roll
call vote:
AYES: Directors - Glockner, Briggs, Warren, Rima,
Porter
NOES: Directors - None
ABSENT: Directors - None
Adjournment Upon motion by Director Rima, seconded by Director Warren,
to and unanimously carried, the meeting adjourned at 9:00 p.m.
Executive to an Executive Session. The purpose of the meeting was
Session for reorganization. Ellis Porter and Kerm Rima were
reappointed President and Secretary, respectively.
Adjournment The meeting adjourned at 9:10 p.m.
A"!
President retary
is