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Minutes - Board - 1975-08-06Vicki Kehoe of 2478 Rue De Cannes had requested a certified exemption, and had been mailed the proper forms. However, she failed to submit the forms prior to the cutoff date. She requested the Board to grant her a certified exemption as she was presently being serviced by Dewey's through the condominium association. The President asked if there were any interested • persons present who wished to be heard. There being no protests or objections from the audience, the President closed the public hearing. MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS • COSTA MESA SANITARY DISTRICT HELD AT 77 FAIR DRIVE August 6, 1975 Roll Call Present: Directors - Albers, Glockner, Warren, Briggs, Rima Absent: Directors - None Officials Present: Manager Eldridge, Director of Finance Oman, Engineer Stevens, Assistant Attorney Campagna, Assistant Secretary Machamer The meeting was called to order at 7:30 p.m. by President Rima. Minutes of Upon motion by Director Warren, seconded by July 2, 1975 Director Briggs, and unanimously carried, the minutes of July 2, 1975, were approved as distributed and posted. Policy Manager Eldridge advised the Board that the staff Statements is working on Policy Statements for handling claims and reimbursements on capital improvements. They will be mailed to the Board members and discussed at the adjourned meeting on August 20, 1975. Public Hearing Manager Eldridge informed the Board of Directors Assessments that this was the time and place fixed, pursuant 1975 -76 to the notice given for the hearing of protests and objections to and requests for exemptions to the proposed assessment for trash and garbage collection, as set forth in the report filed with the Secretary of the District. The Assistant Secretary informed the Board that the notice of public hearing had been published as required by law, and the affidavit of publication is on file in her office. The Assistant Secretary also informed the Board that no written protests had been received. Vicki Kehoe of 2478 Rue De Cannes had requested a certified exemption, and had been mailed the proper forms. However, she failed to submit the forms prior to the cutoff date. She requested the Board to grant her a certified exemption as she was presently being serviced by Dewey's through the condominium association. The President asked if there were any interested • persons present who wished to be heard. There being no protests or objections from the audience, the President closed the public hearing. -2- 8 -6 -75 1975 -76 Director Glockner made a motion to deny Ms. Kehoe's Assessments request for certified exemption as the application • was received after the cutoff date. This motion was seconded by Director Warren, and carried. Resolution Director Warren made a motion, seconded by Director No. 75 -285 Briggs, that Resolution No. 75 -285, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, OVERRULING PROTESTS TO THE PROPOSED ASSESSMENT FOR TRASH COLLECTION, MODIFYING THE REPORT ON FILE WITH THE CLERK AND ADOPTING SAID REPORT AS MODIFIED," be adopted. This motion.carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None Study on The staff was requested to begin a study to Residential consider the possibility of eliminating certified Exemptions exemptions on residential property; this would include commercial /residential properties. Pumping Station Manager Eldridge informed the Board that Peter C. and Force Main David Company, 13831 Newhope Avenue, Garden Grove, in Victoria St. contractor for the Sewage Pumping Station and Sanitary Sewer Force Main in Victoria Street and Notice of the Reconstruction' of Sewer Manholes in Irvine Avenue, Completion has completed the construction of the sewer project in accordance with the plans and specifications. Director Warren made a motion, seconded by Director Glockner, that the Sewage Pumping Station and Sanitary Sewer Force Main in Victoria Street from Harbor Boulevard to Miner Street and Sewer Manhole Reconstruction in Irvine Avenue between Magnolia Street and 19th Street be accepted and the Notice of Completion filed with the County Recorder. Liquidated Nick Chorak of Peter C. David Company requested Damages the Board to reconsider their action of July 2 puting the contractor on liquidated damages. He presented a letter for the Board's consideration explaining his reasons for being late on completion of the project. Discussion followed on the disposition of the contractor's bonds and the status of the Stop Notices on file against this project. This request was held over to the adjourned meeting on August 20 to allow the contractor time to obtain documentation of requests for delivery on the electrical panel, and releases on the Stop Notices • y'! -3- 8 -6 -75 J Force Main in Manager Eldridge informed the Board that Great • Mesa Drive for American Pipeline Company, 1547 San Carlos Place, Tustin Avenue Orange, contractor for the Sanitary Sewer Force Pumping Station Main in Mesa Drive for Tustin Avenue Pumping Station, Notice of has completed the construction in accordance with Completion the plans and specifications. Director Warren made a motion, seconded by Director Glockner, that the Sanitary Sewer Force Main in Mesa Drive from Riverside Drive to Elden Avenue for Tustin Avenue Pumping Station be accepted and the Notice of Completion filed with the County Recorder, and that the retention $10,792.69 be paid to the contractor 35 days from the date of recording. This motion carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren. Briggs, Rima NOES: Directors - None ABSENT: Directors - None Engineer's Engineer Stevens submitted his proposal for Proposal for furnishing the engineering work and services for Remodeling of the Remodeling of Tustin Avenue Pumping Station Tustin Avenue as follows: Pumping Station 1. Hold conferences with representatives of the • District, or its agent, property owners or lessees involved, interested cities and other public agencies and others to review and discuss all aspects of the project. 2. Make arrangements for and coordination of surveys, legal descriptions and soils investigations. 3. Prepare preliminary engineering studies and design for review and approval. 4. Prepare engineering data for regulatory permit application that may be required by the city and /or state. Prepare plans and specifications. Prepare estimates of.quantities and costs. Deliver copies of the plans and specifications for the District's use in distribution to prospective bidders. • 8. Assist the District or its agent in securing bids, tabulation and analysis of bid results, and in letting of the contract. -4- 8 -6 -75 Tustin Avenue 9. Check shop and work drawings as may be sub- Pumping Station mitted by the contractor. Remodeling 10. Furnish consultation and advice to the District or its agent during construction. 11. Review laboratory reports on material tests and inspections and correlate such reports with the intention of the plans and specifications. 12. Furnish periodic observations of construction work in progress and provide appropriate reports to the District or its agent. 13. Furnish a final inspection and report of the complete project with a representative of the District or its agent. 14. Prepare and record drawings "as completed" when the construction work has been completed and accepted by the District or its agent. This shall mean the original. tracings of the plans will be modified, if necessary, because of deviations from the original work. • Engineer Stevens stated that he would perform the • above items for $3,750.00. He also stated additional engineering ordered by the District would be performed at the following per diem rates: Classification Rate Per Hour ngineering, esigning, etc. $35.00 Drafting, calculating, office, etc. 27.00 Inspection 19.50 2 man field party 58.00 3 man field party 70.00 After discussion, Director Glockner made a motion, seconded by Director Warren, that Engineer Stevens' proposal be approved. This motion carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None County Manager Eldridge advised the Board that he has been Sanitation Fees contacted by the County Sanitation office and informed that they are considering revising the system for the distribution of Sanitation District No. 7 funds. • Permit Director Warren made a motion to approve Permit Santa Ana- No. 15075 with the Orange County Flood Control Delhi Channel District for connection to an existing 33 inch VLP sewer manhole within the district's Santa Ana - Delhi Channel right -of -way south of the San Diego -5- 8 -6 -.75 Permit Freeway, and authorize the President to sign. • This motion was seconded by Director Glockner, and unanimously carried. Financial Upon motion by Director Warren, seconded by Report Director Briggs, and unanimously carried, the Financial Report for the month of July, 1975, was approved as submitted. Occupancy Manager Eldridge advised the Board that a Adjustment comprehensive field survey of the District has been conducted resulting in a downward adjustment in the total occupancy count. Last month the occupancy count was 20,649.5 as of July 1, 1975. Based on the current assessment rolls, as surveyed, the occupancy count should be adjusted to 19,669.33. Orco According to the terms of our contract with Orco Basic Rate Disposal Service, Inc., Section IV "Formula for Adjustment Compensation Calculation ", the basic rate should be adjusted to $2.13 as of.July 1, 1975. In 1972 when the District converted from the House Count to the Occupancy Count, there was a downward adjustment in the count. To compensate for this . downward adjustment, the basic rate was adjusted accordingly, using the total dollars then being spent on the trash collection contract as the base. The field survey yielded results which indicate that the Occupancy Count, which was used together with the total contract price for trash collection to establish the per unit payment, was incorrect. To compensate for the current downward adjustment in the Occupancy Count, it was suggested that the basic rate be further adjusted to $2.236, again to satisfy the intent of the contract and not penalize the contractor since the unit price for collection is merely a bookkeeping device which only becomes significant when new units are added to the system. Director Warren made a motion to approve the rate of $2.13 effective July 1, 1975, based on the Occupancy Count of 20,649.5. This motion was seconded by Director Glockner, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None • Director Warren made a motion to approve the rate of $2.236 effective August 1, 1975, based on the adjusted Occupancy Count. This motion was seconded by Director Glockner, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren. Briggs, Rima NOES: Directors - None ABSENT: Directors - None 8 -6 -75 Occupancy A communication was read by Manager Eldridge Report requesting an addition of 7 units to the • Occupancy Count. It was moved by Director Warren, seconded by Director Albers, and unanimously carried, that 7 units be added to the Occupancy Count making a total of 19,676.33 as of August 1, 1975 based on the adjusted count. Trash The assessment rate established at the May 7, 1975 Collection meeting was based on an incorrect occupancy count. Assessment Based on current figures it is recommended that Rate the assessment rate be reconsidered. Director Warren made a motion to rescind the Board action of May 7, 1975, establishing an assessment rate in the amount of $29.00. This motion was seconded by Director Albers, and unanimously carried. Director Warren made a motion to approve the trash collection Special Assessment Rate of $30.00 for the fiscal year 1975 -76. This motion was seconded by Director Albers, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None Annexation Assistant Attorney Campagna informed the Board No. 156 that the Local Agency Formation Commission had authorized the District to annex the property described in Annexation No. 156 without notice or public hearing by the Board, and without an election, since it is an annexation requested by 100 percent of the owners of the real property being annexed. A negative declaration on said project has been completed by the City of Costa Mesa, as the Lead Agency, pursuant to the California Environmental Quality Act of 1970. Resolution Thereupon Director Glockner made a motion that 75 -137 -A Resolution No. 75- 137 -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. 156, be adopted. This motion was seconded by Director Warren, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None • • -7- 8 -6 -75 Annexation Assi.stant Attorney Campagna informed the Board No. 158 • that the Local Agency Formation Commission had authorized the District to annex the property described in Annexation No. 158 without notice or public hearing by the Board, and without an election, since it is an annexation requested by 100 percent of the owners of the real property being annexed. A negative declaration on said project has been completed by the Local Agency Formation Commission, as the Lead Agency, pursuant to the California Environmental Quality Act of 1970. Resolution Thereupon Director Glockner made a motion that 75 -138 -A Resolution No. 75- 138 -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. 158, be adopted. This motion was seconded by Director Warren, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None • ABSENT: Directors - None Annexation Assistant Attorney Campagna presented a resolution No. 159 making application to the Local Agency Formation Commission for Annexation No. 159 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 Glockner made a motion that Resolution 75 -286 No. 75 -286, 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 seconded by Director Warren, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None Annexation Assistant Attorney Campagna presented a resolution No. 160 making application to the Local Agency Formation • Commission for Annexation No. 160 to the Costa Mesa Sanitary District. He informed the Board that the annexation fee has been received along with the letter of request. 1 President Secretary E -8- 8 -6 -75 �. Annexation Director Glockner made a motion that Resolution No. 160 No. 75,287, being A RESOLUTION OF THE BOARD OF • Resolution DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, 75 -287 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 seconded by Director Warren, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, Briggs, Rima NOES: Directors - None ABSENT: Directors - None LAFC Fee A communication from the Local Agency Formation Schedule Commission with a revised schedule of fees for annexations effective August 1, 1975, was received and processed. Director of Director Warren made a motion authorizing the Finance Report President and Secretary to sign Report 75 -1 No. 75 -1 instructing the County Auditor to draw a warrant from the General Running Expense Fund in the amount of $92,500.90. This motion was seconded by Director Briggs, and carried by the following roll call vote: AYES: Directors - Albers, Glockner, Warren, • Briggs, Rima NOES: Directors - None ABSENT: Directors - None Adjournment Upon motion by Director Glockner, seconded by Director Warren, and unanimously carried, the meeting adjourned at 10:20 p.m. to Wednesday, August 20, 1975, at 7:30 p.m. in the City Hall, fourth floor conference room, 77 Fair Drive, Costa Mesa. 1 President Secretary E