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Minutes - Board - 1985-08-08h MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT August 8, 1985 Call to Order The meeting was called to order by President Wahner at 7:30 p.m. Roll Call Present: Directors - Wahner, Crank, Hanson, Green Absent: Directors - Gallacher Officials Present: Roy June, Attorney Robert Oman, Finance Director Rob Hamers, Engineer Florine Reichle, Assistant Secretary MINUTES: On motion by Director Hanson, seconded by Director July 11, 1985 Crank, and unanimously carried, the minutes of the • regular meeting of July 11, 1985 -, were approved as distributed, corrected, and posted. WRITTEN Ms. Reichle circulated a copy of the minutes of COMMUNICATIONS: the Board of Directors meeting of the Underground Underground Services Services Alert of which the District is a member. Alert - Minutes Ms. Reichle circulated a letter from Hugh Saddington Saddington Agreement in which he informed the District Engineer he no Terminated longer wishes to make improvements on his property at 2514 Lake Park Lane, Newport Beach. MOTION: Director Crank made a motion, seconded by Director Green, to declare the written agreement with Hugh Saddington terminated. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher OCCUPANCY REPORT Ms. Reichle read the Occupancy Report showing there has been neither increase nor decrease in the trash and garbage collection count; the total as of August 1, 1985, remains at 20,621 units. • MOTION: On motion by Director Crank, seconded by Director Hanson, and unanimously carried, the Occupancy Report was received and filed. FINANCIAL REPORT On motion by Director Green, seconded by Director Hanson, and unanimously carried, the Financial Report for July 1985 was approved as submitted by Mr. Oman. PROJECT STATUS Mr. Hamers reported the project to Update District REPORT Records at the City will be ongoing; construction is completed on the Santa Ana -Delhi Channel Sewer and it is anticipated that the developer will be submitting the cost breakdown and request for reimbursement in the near future; construction is scheduled to begin on the Santa Ana Avenue Pumping Station around August 15; Flower Street Phase II project is out to bid as of August 5, with bid opening scheduled for September 3; design phase is continuing on the Harbor Boulevard Relief Sewer; copies of the Airway Avenue Sewer Study were dis- tributed for review, with action scheduled for the September meeting. DEVELOPMENT Mr. Hamers reported there was no new development UPDATE that appeared to have any significant impact on the District. ANNEXATION NO. 222 Mr. June presented a resolution making application MAKING APPLICATION to the Local Agency Formation Commission for Annex ation No. 222 to the Costa Mesa Sanitary District. He informed the Board that fees were paid as part of an agreement proposed by the Board of Directors on March 14, 1985 and agreed to by the Newport - Mesa Unified School District on April 23, 1985. RESOLUTION Director Hanson made a motion, seconded by Director NO. 85 -430 Crank, that Resolution No. 85 -430, being A RESOLU- TION 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 ENGINEER'S NO. 222, be adopted. Motion was carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher ZERO TAX EXCHANGE Mr. June informed the Board that a resolution con- senting to Zero Tax Exchange is still required by the County before application for annexation will be accepted. • - 2 - RESOLUTION Director Hanson made a motion, seconded by Director NO. 85 -431 Green, that Resolution No. 85 -431, being A RESOLU- TION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CON- SENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATIONS 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, Green NOES: Directors - None ABSENT: Directors - Gallacher ANNEXATION'NO. 223 Mr. June presented a resolution making application MAKING APPLICATION to the Local Agency Formation Commission for Annex- ation No. 223 to the Costa Mesa Sanitary District. He informed the Board that fees were paid as part of an agreement proposed by the Board of Directors on March 14, 1985 and agreed to by the Newport -Mesa Unified School District on April 23, 1985. RESOLUTION Director Green made a motion, seconded by Director NO. 85 -432 Crank, that Resolution No. 85 -432, being A RESOLU- TION 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 ENGINEER'S NO. 223, be adopted. Motion was carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher ZERO TAX Director Hanson made a motion, seconded by Director EXCHANGE Green, that Resolution No. 85 -433, being A RESOLU- TION OF THE BOARD OF DIRECTORS OF THE COSTA MESA RESOLUTION SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CON - NO. 85 -433 SENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATIONS 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, Green NOES: Directors - None ABSENT: Directors - Gallacher TRANSFER TREASURY Mr. June commented on the legal opinion he had dis- FUNCTION tributed pertaining to the District taking over the Treasury function from the County who now serves as • the District's treasurer. Mr. Oman added that Mr. Sorsabal had approved the concept but that he would like to see a cost estimate before making a final decision on the part of the City. - 3 - A MOTION: Director Hanson made a motion, seconded by Directors Transfer Green, authorizing preparation of a cost study by Treasury staff to be presented to the Board at the September Function meeting. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher METRO BUSINESS Mr. Hamers reported that the Metro Business Center CENTER has prepared and executed an agreement as requested Easement Agreement in the conditions of approval and the document is now ready for recordation. MOTION: On motion by Director Hanson, seconded by Director Green, the agreement was approved in concept and recordation was authorized with the specific request that a copy of the recorded document be sent to the District office. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher • TOCHIKUBO CLAIM Mr. June gave a verbal update on the status of the UPDATE Tochikubo claim. He presented an invoice in the amount of $112.06 from the City and District's claims administrator, Carl Warren Company. The Board agreed that the invoice should be paid by the District and asked to have it placed on the September warrant list for approval. TRASH CONTRACTOR In accordance with the contract between the District COMPENSATION RATE and Orco Disposal, Incorporated, dated April 3, 1974, and as amended August 7, 1974, Section IV "Formula for Compensation Calculation," the calculation was submitted by Mr. Oman to reflect a 4.59 percent increase to $4.63 per occupancy per month, effective July 1, 1985. MOTION: On motion by Director Hanson, seconded by Director Green, the rate was approved by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher SANTA ANA HEIGHTS Mr. June reported the City of Newport Beach is con DETACHMENT sidering the annexation of property east of Irvine and south of Bristol which lies within the Costa =1= ' SANTA ANA HEIGHTS DETACHMENT Mesa Sanitary District. The District provides both sewer and trash service to this area. The City of (Continued) Newport Beach had requested information as to the contractural arrangements between the District and Trash Services Orco Disposal, Incorporated. Mr. June rendered the opinion that the contract between the District and Orco Disposal shall continue until its normal termi- nation date irrespective of whether an annexation occurs unless there is a mutual modification by the parties to the contract. He further reported that a copy of a letter from Orco Disposal to Newport Beach indicated they would choose to continue to serve the subject area according to their contract. Sewer Services Mr. Hamers commented on the problems associated with sewering if annexation were to take place. He conveyed to the Board the recommendations that Mr. Mattern had outlined by way of memorandum to the Board. MOTION: Director Hanson made a motion, seconded by Director Crank to table this item to the September meeting and directed staff to further study this request and prepare a report for the September meeting. They also directed Mr. Hamers to prepare a large overlay type map showing District boundaries. ® Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher J.M. PETERS Mr. Hamers informed the Board that a letter had Detachment Request been received after the Agenda had been prepared from J.M. Peters Company, as owners of the ten acre Bayview School Site, requesting detachment from the Costa Mesa Sanitary District. He brought this up as an information item stating it would be on the September agenda. COSTA MESA Mr. Hamers presented a Quitclaim Deed from the COURTYARDS District to Pacific Savings Bank, a California Quitclaim Deed Licensed Mutual Bank and California Corporation, 1901 Newport Boulevard, Costa Mesa, California 92627, for a portion of those portions of Parcel 1 as shown on a map filed at the County Recorder's Office in Book 196, Pages 1 through 3 of Parcel Maps and those portions of Parcel 1 as shown on a map filed at said Recorder's Office in Book 197, Pages 48 and 49 of Parcel Maps both parcels being in the City of Costa Mesa, County of Orange, State of California described as follows: - 5 - COSTA MESA All of those portions of Center Street (for COURTYARDS merly Balboa) 60 feet in width and that 20 Quitclaim Deed foot strip of land dedicated as an easement (Continued) for alley purposes as shown on a Map of Tract 18 filed in Book 9 Page 20 of Miscel- laneous Maps at said Recorder's Office and as reserved within the boundaries of Parcel Map filed in Book 196 Pages 1 through 3 and Book 197 Pages 48 and 49 of Parcel Map at said Recorder's Office. He added that the Quitclaim Deed is for adbandoning the District's interest in the old right of way of Center Street over the alley. The new easement is only ten feet wide and covers the new sewer align- ment. • MOTION: Director Crank made a motion, seconded by Director Green, to authorize the granting of a Quitclaim Deed and instructed Ms. Reichle to place the Deed on record with the Orange County Recorder. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None • ABSENT: Directors - Gallacher COSTA MESA Mr. Hamers submitted an Easement Deed from Pacific COURTYARDS Savings Bank, a California Licensed Mutual Savings Easement Deed Bank and California corporation, 1901 Newport Boule- vard, Costa Mesa, California 92627, for a strip of land 10.00 feet in width, the centerline of said strip being described as follows: A strip of land 10.00 feet in width, the centerline of said strip being described as follows: Commencing at the most northwesterly corner of Parcel 1, as shown on a map filed at said Recorder's Office in Book 197, Pages 48 and 49 of Parcel Maps, said point also being the TRUE POINT OF BEGINNING; thence south 89 °38'16" east 464.78 feet along the northerly line of said parcel 1; thence south 0 022112" west 99.58 feet to the centerline of the alley within Block "C" as shown on Tract No. 18, Recorded in Book 9, Page 20 of Miscellaneous Maps Records of said County; thence south 40 038143" west 330.83 feet along said center- line to the southwesterly line of Parcel 1 as shown on a map filed in Book 197, Pages 48 and 49 at Recorder's Office of said County. - 6 - COSTA MESA The sideline of said strip to be prolonged or COURTYARDS shortened southerly to terminate on said Easement Deed southwesterly line. (Continued) MOTION: Director Green made a motion, seconded by Director Hanson, to accept the Easement Deed and Ms. Reichle was instructed to place the Deed on record with the Orange County Recorder. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher JACKBILT PROPERTY Mr. Hamers presented a request from Walden & Asso- Sewer Realignment ciates, 4002 West Garry, Santa Ana, California 92702, for Jackbilt Properties to realign the sewer line that exists over their property at Hyland and Scenic Drive. The alignment being necessary due to the proposed construction of the facility over the existing sewer line. Legal description and easement deed will be presented at a later date. MOTION: Director Hanson made a motion, seconded by Director • Crank, to approve the realignment in concept subject to normal conditions as determined by Mr. Hamers. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher WARRANT REPORT Director Hanson made a motion, seconded by Director NO. 85 -04 Crank, authorizing the President and Secretary to sign Report No. 85 -04 instructing the County Auditor to draw a warrant from the Costa Mesa Sanitary District General Fund for $173,775.37. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher WARRANT REPORT Director Hanson made a motion, seconded by Director N0. 85 -05 Crank, authorizing the President and Secretary to sign Report No. 85 -05 instructing the County Auditor to draw a warrant from the Costa Mesa Sanitary District No. 7 Trunk Sewer Fund in the amount of $77,607.40. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green NOES: Directors - None ABSENT: Directors - Gallacher - 7 - TRASH USER FEES Mr. Oman informed the Board that the Trash User 1985 -86 Fees for the collection of Solid Waste for 1985 -86 Fiscal Year totaled $1,325,327.17. SEWER USER FEES Mr. Oman informed the Board that the Sewer User 1985 -86 Fees for the collection and transmission of Liquid Waste for 1985 -86 Fiscal Year totaled $447,759.15. 1985 -86 Mr. Oman distributed copies of the 1985 -86 Prelim - PRELIMINARY BUDGET imary Budget Version "B ". He explained some of the Version "B" changes from Version "A" and said action will be taken at the adjourned meeting on August 20. ADJOURNMENT President Wahner declared the meeting adjourned at 8:25 p.m., to August 20, 1985 at 7:30 p.m. in the First Floor Conference Room, Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. President Secretary - 8 - • Ll is