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Minutes - Board - 1981-09-10MINUTES OF THE REGULAR MEETING • BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT September 10, 1981 Call to Order The meeting was called to order by President Wahner at 7:30 p.m. Roll Call Present: Directors - Wahner, Crank, Hutchison, Hanson Absent: Directors - Green Officials Present: Manager Mattern Attorney June Finance Director Oman Engineer Stevens Assistant Secretary Reichle Guests Mr. Lewis Ross, 3185 Airway Avenue, #J, Costa Mesa; and Dean Blake, 3635 Milton Avenue, #11, Fullerton. Minutes of Upon motion by Director Hanson, seconded by August 6, 1981 Director Hutchison, the minutes of August 6, 1981, were approved as submitted. • Minutes of Upon motion by Director Hanson, seconded by August 13, 1981 Director Hutchison, the minutes of August 13, 1981, were approved as submitted. Minutes of Upon motion by Director Hanson, seconded by August 20, 1981 Director Hutchison, the minutes of August 20, 1981, were approved as submitted. Bear Street Manager Mattern presented a letter from Mr. Frank Sewer Easement Dowdney, 31 Rancho, Tustin, California, concerning his properties on 3156 and 3144 Bear Street which are currently on septic tanks. He wishes to upgrade sanitation service by having a service line extend across the adjacent Bear Street Elementary School playground to the District's trunk line. He asked to establish a dominant easement, in the name of the District, subject to any stipulations the Board may wish to impose to allow for the proper connections to the District. Mr. Ross and Mr. Blake were both representing the developer. MOTION Director Hanson made a motion, seconded by Director Crank, and unanimously carried, to approve in principle the acquisition of right -of- way pending the staff report and subject to con - ditions to be imposed by the Board. Occupancy Count Manager Mattern read a communication stating there has been a decrease in the trash and garbage • collection as of September 1, 1981, by 485.34 units, bringing the total number of occupancies to 21,234.50. MOTION Motion was made by Director Hanson, seconded by Director Crank, and unanimously carried, to receive and file the Occupancy Count as submitted. Financial Report Finance Director Oman presented the Financial Report for the month of August, 1981. Director Hanson made a motion, seconded by Director Crank, and unanimously carried to accept the Financial Report for the month of August, 1981, as submitted. City /District Finance Director Oman disclosed to the Board that Contract Surplus the surplus of $15,704.33 had been credited to Funds - 1980 -81 the District on this month's billing. Construction Upon motion by Director Hanson, seconded by Status Report Director Hutchison, and unanimously carried, the Construction Status Report from Engineer Stevens was received and filed. 18th Street Sewer Manager Mattern presented Change Order No. 2 on Project Change the 18th Street Sewer Project. Based on the • Order No. 2 findings that extra work would be required to replace subgrade material, Board approval was given at the July meeting to complete the project and submit the change order when the costs were known. The cost thereof is $16,085 submitted by Integrity Insurance Company successor to J. R. Kirk Construction Company, and was recommended for approval by Engineer Stevens. MOTION Director Hanson made a motion, seconded by Director Crank, to approve Change Order No. 2 on the 18th Street Sewer Project in the amount of $16,085. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green 18th Street Sewer Manager Mattern informed the Board that Integrity Project Final Insurance Company, c/o David Pines, Esquire, Acceptance 6255 Sunset Boulevard, Suite 1116, Los Angeles, California 90028, successor to J. R. Kirk Construction, has completed the construction of sanitary sewer main in 18th Street from Whittier Avenue to Monrovia Avenue in accordance with approved plans and specifications. -2- MOTION Director Crank made a motion, seconded by Director Hanson, that the construction of sewer 18th Street Sewer main in 18th Street be accepted and the Notice Project Final of Completion filed with the County Recorder, Acceptance and that the retention of $5,107.35 be paid to the Integrity Insurance Company successor to J. R. Kirk Construction. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green Easement Deed Manager Mattern presented an Easement Deed from P. I. & I., P. I. & I., Incorporated, 13919 Struikman Road, Incorporated Cerritos, California, for easement within Parcel No. 439 - 291 -25 and 26 for sewer purposes situated in the Costa Mesa Sanitary District. MOTION Director Hanson made a motion, seconded by Director Hutchison, and unanimously carried, that Easement Deed from P. I. & I., Incorporated, be accepted and the Secretary instructed to place said deed on record with the County Recorder. Obligation to At a previous meeting, the Board asked Attorney Construct Sewers June for an opinion on the District's responsi- Legal Opinion bility to construct a sewer. After investigation he reported that where an individual requests sewer services, no legal obligation exists on the part of the District to provide this service. The District has the right to avail itself of various improvement district acts to finance sewer installations. Staff was directed to notify the County that because of limited availability of funds the Board does not plan to construct the Bristol Street Sewer at this time; the area can still be served by Improvement Districts or other financing methods, the responsibility of the developer. The District Engineer advised the Board that the present facil- ities on Bristol Street are operating at capacity. County Requirements Attorney June reported that after conversations for Annexations with Dick Turner from LAFCO and George Arabella, County Administrators Office, it was determined that in order for the County to process fully the District's annexations through the Local Agency Formation Commission and the Board of Supervisors, resolutions must be adopted consenting to zero ® tax transfer on the particular annexations. -3- Resolution Director Hanson made a motion, seconded by No. 81 -367 Director Crank that Resolution No. 81 -367, being • A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON ANNEXATIONS 197, 198, AND 199 TO THE DISTRICT; ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS THEREFOR, be adopted. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hanson NOES: DIRECTORS: Hutchison ABSENT: DIRECTORS: Green Resolution Director Hanson made a motion, seconded by No. 81 -368 Director Hutchison that Resolution No. 81 -368, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON ANNEXATION 200 TO THE DISTRICT; ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS THEREFOR, be adopted. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None • ABSENT: DIRECTORS: Green ISDOC Membership Director Hutchison made a motion, seconded by Director Hanson, to renew membership in the Independent Special Districts of Orange County in the amount of $25. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green Trash Collection Manager Mattern presented an amended Policy Assessment Policy Statement combining Policy Statements adopted Amendment June 5, 1968; July 18, 1968; March 3, 1971; May 4, 1973; and May 14, 1981. The new Policy Statement provides for a blanket exemption for those properties which are developed in a manner to preclude the District's ability to provide trash collection services. -4- MOTION Director Hanson made a motion, seconded by Director Hutchison, to amend the Trash Collection Trash Collection Assessment Policy as stated. Motion was carried Assessment Policy by the following roll call voter Amendment AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green Sewer Lateral Manager Mattern presented an amended policy state - Requirements ment regarding the requirement of individual laterals for lots developed under a PUD Townhouse development. It was felt that all developments; commercial, industrial, and residential; which have common areas owned by either a single indi- vidual association or corporation and can meet the standards of the Uniform Building Code could construct a private sewer collection system which would connect to District facilities as long as the CC &R's of the development accept the construc- tion, repair, and maintenance of the private system. The Board directed staff to redraft the policy as discussed and amend for action at their October meeting. 2336.Elden Avenue Manager Mattern presented a letter from Mr. E. S. is Request for Olrich, Olrich Development Company, requesting Manhole Deletion that the requirement for two manholes be deleted from their sewer plans for their townhome project at 2336 Elden Avenue. MOTION Director Hanson made a motion, seconded by Director Crank, and unanimously carried, that subject to the Standards as set forth in the Uniform Building Code and subject to all condi- tions as outlined and discussed in the amended Sewer Lateral Policy mentioned above, that the Board would apply the new amended policy to Mr. Olrich's development. Fairview State Manager Mattern presented letters from the District Hospital Housing Engineer, Donald Stevens, and Don Greek and Asso- Sewer Service ciates regarding the Fairview Hospital Housing Project. The proposed project will contain between 500 and 550 apartment dwelling units and the developer asks for verification that District facilities have the capacity, or will provide the capacity, to service these units. After review- ing the existing situation the Board directed Manager Mattern to send the developer a letter indicating the lack of capacity in the District's existing facilities and possibly setting up a meeting to discuss alternative solutions, and also to remind them that this property has never Qcz Fairview Housing annexed to the District; that before the District (Continued) could consider participation or service anything • other than hospital or institutional use, annexa- tion must occur. Airport Control Manager Mattern presented a letter from David Tower - Sewer Morgan, Contracting Officer, Real Property and Services Utilities Section for the Federal Aviation Administration, announcing their intent to con- struct a new air traffic control tower at the John Wayne Airport. MOTION Director Hanson made a motion, seconded by Director Crank to approve in concept the waiving of fees until the work was completed subject to the FAA filing for an interim permit, executing a sewer service agreement and providing a $10,000 cash deposit. Motion was carried by the follow- ing roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green Warrant No. 81 -04 Director Hanson made a motion, seconded by Director Crank to authorize the President and • Secretary to sign a warrant from the Costa Mesa Sanitary District General Fund in the amount of $154,226.21. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green Director Hanson Director Hutchison made a motion, seconded by Appointed Delegate President Wahner, to appoint Director Hanson as to CSDA Conference delegate of the Costa Mesa Sanitary District to attend the California Special Districts Associa- tion Conference in Sacramento, October 1, 2, and 3, 1981, and for reimbursement to him for reason- able expenses incurred while attending the Conference. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green Executive Session President Wahner declared a recess at 9:20 p.m., and the meeting reconvened at 9:30 p.m., at which time President Wahner excused Attorney June, Executive Session Finance Director Oman, and Assistant Secretary • (Continued) Reichle, and adjourned to Executive Session for the purpose of discussing the Job Description and Monthly Retainer Fee of the District Engineer. At the conclusion of the Executive Session, the Board reconvened to the regular meeting at 11:00 P.M. District Engineer Director Hanson made a motion, seconded by Job Description Director Hutchison, and unanimously carried, to adopt the Job Description for District Engineer as amended. n Cash Flow Forecast Director Crank made a motion, seconded by and Capital Director Hutchison, to adopt the Cash Flow Fore - Improvement cast Policy and the Capital Improvement Project Policies Adopted Policy as written. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green District Engineer Director Hutchison made a motion, seconded by Retainer Fee Director Hanson, to deny the request of District Engineer Stevens for increase to $1,350 for his monthly retainer fee. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson NOES: DIRECTORS: None ABSENT: DIRECTORS: Green New Submittal The Board requested that Engineer Stevens submit Requested a request for an increase in Retainer Fee based on the additional work as approved and outlined in the adopted new job description. October Meeting Motion was made by Director Hutchison, seconded Date Changed by Director Hanson, and unanimously carried, to change the date of the October meeting to Thursday, October 15, 1981. Adjournment President Wahner declared the meeting adjourned at 11:10 p.m. e/ i./' President' Secretary orm