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Minutes - Board - 1980-02-146 MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT 7 February 14, 1980 Roll Call Present: Directors - Glockner, Hutchison, Crank, Wahner, and Hanson. Absent: Directors - None Officials present: Manager Mattern, Attorney June, Engineer Stevens, and Assistant Secretary Reichle. The meeting was called to order at 7:35 p.m. by President Glockner. Minutes of Upon motion by Director Hanson, seconded by Director January 10, 1980 Hutchison, and unanimously carried, the minutes of January 10, 1980 were approved as submitted. Written Manager Mattern informed the Board that he has been Communications notified to appear in Small Claims Court regarding a denial of a trash assessment refund to Robert Monson, which the Board denied December 13, 1979. W"rge und Requst Manager Mattern presented a request for refund from Spomer George Spomer for trash assessment on 2285 Fordham Drive, in the amount of $22. This was a billing error as the parcel contains three units and he was billed for four. Director Hanson made a motion, seconded by Director Crank to refund $22 to George Spomer, 2285 Fordham Drive, Costa Mesa, CA 92626. Motion was carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner, Hanson. NOES: Directors - None ABSENT: Directors - None Refund Request Manager Mattern presented a request for refund from Richard Wilson Richard L. Wilson for trash assessment for 3063 Club - in the amount house Circle, in the amount of $44. Director Hanson made a motion, seconded by Director Crank, that request be denied because Mr. Wilson failed to file for exemption as set forth in Ordinance No. 4 and Policy Statements. Motion was carried by the following roll call vote: AYES: Directors - Glockner, Crank, Wahner, Hanson. NOES: Directors - Hutchison ABSENT: Directors - None ifund.Request Manager Mattern presented a request from Randy Montandon, dy Mantandon for refund of connection charges in the amount of $45. Mr. Montandon decided not to install a swimming pool. The request is for $45 less $15 administrative costs, a total of $30. February 14, 1980 R. Montandon Motion was carried by the following roll call vote: (continued) AYES: Directors - Glockner, Hutchison, Crank, Wanher and Hanson. is NOES: Directors - None ABSENT: Directors - None Occupancy Manager Mattern read a communication requesting an Report addition of 44.50 units to the Occupancy Count. It was moved by Director Hutchison, seconded by Director Wahner, and unanimously carried, that 44.50 units be added to the Occupancy Count making a total of 21,512.84 as of February 1, 1980. Financial Upon motion by Director Hutchison, seconded by Director Report Hanson, and unanimously carried, the Financial Report for the month of January was approved as submitted. Construction Director Hutchison questioned the time frame for construction Status Report projects. Director Glockner asked if there was a possibility that preliminary design of proposed projects could be started in anticipation of the approval of the budget for the coming year. Manager Mattern said he would look into the possibility. Upon motion by Director Wahner, seconded by Director Crank, and unanimously carried, the Contruction Status Report from Engineer Stevens was received and filed. Easement Deed Director Wahner made a motion, seconded by Director Pentridge Cove Hanson, and unanimously carried, that the Easement Deed from Pentridge Cove be accepted and the Secretary instructed to place said Deed on record with the County Recorder. Budget Adjustment Manager Mattern presented an invoice from the City of and Authorization Costa Mesa for $2,030 for emergency repair of Tustin to pay City/ Pump Station. The $2,030 represents the amount over Sanitary District $3,500 budgeted for such emergency repairs. Director Hanson made a motion, seconded by Director Hutchison, to transfer $2,030 from the General Fund Reserve, and to authorize payment of the invoice. Motion was carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wanher and Hanson. NOES: Directors - None ABSENT: Directors - None Notice of Manager Mattern informed the Board that Witon Construc- Completion tion Company, 2901 West Valley Boulevard, #D. Alhambra, President CA 91803, has completed the Reconstruction of President pump Station Pumping Station in accordance with approved plans and specifications. Director Wahner made a motion, seconded by Director Crank, and unanimously carried, that the President Pumping Station Reconstruction be accepted and the Notice of Completion filed with the County Recorder and that the retention of $960 be paid to the Contractor 35 days from date of recording and the bond be exonerated 35 days from date of recording providing there are no liens. -2- February 14, 1980 sident Motion was carried by the following roll call vote: p Station AYES: Directors - Glockner, Hutchison, Crank, (continued) Wahner, Hanson. NOES: Directors - None. ABSENT: Directors - None. Annexation Attorney June informed the Board that the Local Agency No. 183 Formation Commission had authorized the District to annex the property described in Annexation No. 183 without notice of public hearing by the Board and with- out election, since it is an annexation requested by 100% of the owners of the real property being annexed. This annexation is categorically exempt; therefore, no Environment Impact Report nor Negative Declaration is required. Resolution Director Hutchison made a motion that Resolution No. No. 80 -170 -A 80 -170 -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 HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 183, be adopted. This motion was seconded by Director Crank, and carried by the following roll call vote: AYES: Directors - Glockner, Hutchison,.Crank, Wahner and Hanson. NOES: Directors - None. ABSENT: Directors - None. Annexation Attorney June informed the Board that the Local Agency No. 184 Formation Commission had authorized the District to annex the property described in Annexation No. 184 with- out notice of public hearing by the Board, and without election, since it is an annexation requested by 100% of the owners of the real property being annexed. This annexation is categorically exempt; therefore, no Environment Impact Report nor Negative Declaration is required. Resolution Director Hanson made a motion that Resolution No. No. 80 -171 -A 80 -171 -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 HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 184, be adopted. This motion was seconded by Director Crank, and carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None. ABSENT: Directors - None. -3- February 14, 1980 Annexation Attorney June informed the Board that the Local Agency No. 185 Formation Commission had authorized the District to annex the property described in Annexation No. 185 without notice of public hearing by the Board, and with- out election, since it is an annexation requested by 100% of the owners of the real property being annexed. A Negative Declaration of said project had been completed by the City of Costa Mesa, as the Lead Agency, pursuant to the California Environmental Quality Act of 1970. Resolution Director Hanson made a motion that Resolution No. No. 80 -172 -A 80 -172 -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 HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 185, be adopted. This motion was seconded by Director Crank, and carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None. ABSENT: Directors - None. Annexation Attorney June informed the Board that the Local Agency No. 193 Formation Commission had authorized the District to annex the property described in Annexation No. 193 . without notice of public hearing by the Board, and with- out election, since it is an annexation requested by 100% of the owners of the real property being annexed. An Environmental Impact Report on said property has been completed and accepted by the City of Costa Mesa, as the Lead Agency, pursuant to the California Environ- mental Quality Act of 1970. Resolution Director Crank made a motion that Resolution No. No. 80 -169 -A 80 -169 -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 HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEX.A.TION NO. 193, be adopted. This motion was seconded by Director Wahner, and carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None. ABSENT: Directors - None. - Annexation Attorney June presented a resolution making application No. 194 to the Local Agency Formation Commission for Annexation No. 194 to the Costa Mesa Sanitary District. He informed the Board that the annexation fee had been received along with the letter of request -4- February 14, 1980 olution Director Hanson made a motion that Resolution No. 80 -349 80 -349 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, BEING DESIGNATED AS ENGINEERS NO. 194, be adopted This motion was seconded by Director Crank, and carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None ABSENT: Directors - None .Annexation Attorney June presented a resolution making application ;No 195 to the Local Agency Formation Commission for Annexation No. 195 to the Costa Mesa Sanitary District. He informed the Board that the annexation fee has been received along with the letter of request. Resolution Director Hanson made a motion that Resolution No. No. 80 -350 80 -350 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,_. BEING DESIGNATED AS ENGINEERS NO. 195, be adopted This motion was seconded by Director Hutchison, and carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None ABSENT: Directors - None Jeffrey Simonds Mr. Simonds asked to address the Board regarding the Appeal /Refund denial of his request for refund of trash assessment Denial fees at the December 13, 1979 meeting, in the amount of $110, for 2272 -2276 Maple Street. He informed the Board that the forms for exemption were sent to the prior owner, who was deceased, and his executors failed to forward them. The Board was understanding of Mr. Simonds position but felt the Ordinance No. 4 and Statements of Policy should be upheld. Director Wahner made a motion, seconded by Director Crank, and unanimously carried that request be denied asset forth in Ordinance No. 4, and Statements of Policy. The Board suggested to Mr. Simonds that he investigate possible recourse from either the executor of the estate or the agency which sold him the property. 0 es Riley Communication was received from James S. Riley, den Mesa Developer, who is developing two adjoining parcels at Townhomes 2524 and 2526 Elden. ° -5- Assistant Secretary Reichle was instructed to certify to the passage of this Ordinance and cause same to be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed, published and circulated in the Costa Mesa Sanitary District, Orange County, California, and seven (7) days from and after its publication it shall be in full force and effect. Report/ The Board had asked Staff to submit a report and California recommendations concerning continued membership in Special Districts the Association. Staff findings were as follows: Association 1. The District does not derive extensive value and /or service from California Special Districts Association. 2. Alternatives exist for acquiring similar infor- mation such as the California League of Cities. 3. Staff currently advises the Board of legis- lations affecting District operation. 4. Membership dues structure is based upon operating budget, not service level, and is excessive. The Staff recommendation was to discontinue participation in California Special Districts Association. -6- • February 14, 1980 James Riley These parcels are being developed as two sepatate (continued) tracts but when completed will be owned by one entity and treated as one project with one water line and one fire hydrant. He is requesting waiver of the regulation which requires one separate sewer lateral for each parcel. His intent is to install one sewer lateral with 13 services. Tabled to Director Glockner suggested, to Mr. Riley and to the March meeting Board, action on this item be delayed until the March meeting to give Attorney June time to review and draft a variance procedure for projects of this type. Fees Ordinance Attorney June presented an Ordinance with changes in the Inspection and Annexation Fees Section only, leaving the Connection Fees Section in tact and un- changed. Ordinance No. 14 Director Hanson made a motion, seconded by Director Crank to adopt Ordinance No. 14, being AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING CHARGES AND PROVIDING RULES AND REGULATIONS FOR INSPECTION SERVICES PROVIDED BY THE DISTRICT AND FEES FOR ANNEXATIONS OF TERRITORY TO THE DISTRICT. This motion was carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None ABSENT: Directors - None Assistant Secretary Reichle was instructed to certify to the passage of this Ordinance and cause same to be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed, published and circulated in the Costa Mesa Sanitary District, Orange County, California, and seven (7) days from and after its publication it shall be in full force and effect. Report/ The Board had asked Staff to submit a report and California recommendations concerning continued membership in Special Districts the Association. Staff findings were as follows: Association 1. The District does not derive extensive value and /or service from California Special Districts Association. 2. Alternatives exist for acquiring similar infor- mation such as the California League of Cities. 3. Staff currently advises the Board of legis- lations affecting District operation. 4. Membership dues structure is based upon operating budget, not service level, and is excessive. The Staff recommendation was to discontinue participation in California Special Districts Association. -6- • February 14, 1980 C.S.D.A. Director Hanson made a motion, seconded by Director ntinued) Hutchison, to continue membership in the-California Special Districts Association. This motion was defeated by the following roll call vote: AYES: Hanson, Hutchison., NOES: Glockner, Crank, Wahner ABSENT: None Report /- Manager Mattern presented an oral report on fees Trash Collection collected for trash in other cities. He asked that Fees in Other this report be continued for further study since new Cities material is forthcoming. Warrant Director Hutchison made a motion, seconded by Director No. 79 -13 Hanson, to authorize the President and Secretary to sign Report No. 79 -13, instructing the County Auditor to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $94,647.04. Motion was carried by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner and Hanson. NOES: Directors - None ABSENT: Directors - None Adjournment Upon motion by Director Wahner, seconded by Director Crank, and unanimously carried, the meeting adjourned at 10:20 p.m. President Secretary -7-