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Minutes - Board - 1988-07-14MINUTES OF THE REGULAR METING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT July 14, 1988 CALL TO ORDER President Wahner called the meeting to order at 7:30 p.m. ROLL CALL MINUTES: June 9, 1988 Present: Directors - Wahner, Crank, Hanson, Green, Johnson. Officials present: Bruce Mattern, Manager Robert Oman, Finance Director Robin Hamers, Engineer Florine Reichle, Assistant Secretary Guest: Tom Carson, Greenleaf Park, 1750 Whittier Avenue, Costa Mesa. On motion by Director Crank, seconded by Director Hanson, and carried 5 -0, the minutes of the regular meeting of June 9, 1988, were approved as distributed and posted. ®WRITTEN Mr. Mattern circulated a copy of the Minutes of COMMUNICATIONS the Board of Directors of Underground Services Alert; a newspaper article on the increase of dump fees from $6.12 per ton to $9.50 per ton as of January 1, 1989; an invitation to a dinner meeting and installation of officers from Independent Special Districts; a copy of a letter from Mr.June to the District Auditors, updating them on the status of District legal matters; and a copy of the CA Special Districts Association newsletter. OLD BUSINESS: Mr. Mattern presented a request from Mr. Tom Carson for refund of prior year's sewer assessment fees, an item that had been held over from the meeting of June 9. Mr. Carson was asked to address the Board and supply any additional information that he felt pertinent to the item. Mr. Carson said he felt it was a simple error made when the sewer assessment program began. He felt it was an oversight on his part in not checking his tax bill more thoroughly but felt that if the situation were reversed, the District would be backcharging him with penalties and interest added. President Wahner said the Board would take his comments under advisement and let him know the Refund - Carson outcome. At this time, Mr. Carson excused (continued) himself from the meeting. MOTION: Following the discussion, Director Hanson made a motion, seconded by Director Crank, to deny the request for refund based upon established District policy which states that no refunds shall be made for claims filed after the deadline of that particular calendar year. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Johnson. NOES: Directors - None Staff was directed to notify Mr. Carson of their decision and particularly to note that if the situation were reversed it is not Board policy to backcharge anyone nor to add penalties and interest for a mistake of this type. REFUNDS: Mr. Mattern presented a request for refund of Roxanna Faircloth previous years trash assessment charges on A.P. 939 -29 -015 from Roxanna Faircloth, 1872 Monrovia, Costa Mesa. • MOTION: Director Hanson made a motion, seconded by Director Crank, to deny the request for refund based upon established policy which states that it is the responsibility of the property owner to file for exemption by the established deadline. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Johnson. NOES: Directors - None Delbert Warwick Mr. Mattern presented a request for refund of Trash Asssessment fees on A.P. Nos. 419 - 071 -18 and 419- 071 -19. The exemption form was mailed in the same envelope as other exemptions that were recorded. Based upon Dr. Warwick's past record of filing exemptions, it was felt this was a staff error and refund was recommended. MOTION: Director Hanson made a motion, seconded by Director Johnson, to approve the refund of $420.78 on each parcel, a total of $841.56. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Johnson. NOES: Directors - None - 2 - OCCUPANCY REPORT: Mr. Mattern read the Occupancy Report showing • neither an increase nor a decrease in the trash and garbage collection. The total remains 19,612 units as of July 1, 1988. MOTION: On motion by Director Hanson, seconded by Director Crank, and carried 5 -0, the Occupancy Report was approved as submitted. FINANCIAL On motion by Director Hanson, seconded by Director REPORT Johnson, and carried 5 -0, the Financial Report was approved as submitted by Mr. Oman. PROJECT STATUS Mr. Hamers reported there were no additions to the Project Status Report. MOTION: On motion by Director Crank, seconded by Director Johnson and carried 5 -0, the Project Status Report was received and filed. DEVELOPMENT Mr. Hamers reported that C.J. Segerstroms and Sons UPDATE are proposing to build a 21 -story tower and a 332 room hotel in the area of Anton and Avenue of the Arts. The hotel would sewer into District lines and then into the OCSD line in Avenue of the Arts. The tower would sewer directly into OCSD lines and • would have to have their approval for connection. ANNEXATION NO. 237 Mr. Mattern presented a Resolution making Making Application application to the Local Agency Formation Commission for Annexation No. 237 to the Costa Mesa Sanitary District. He informed the Board that annexation fees had been received along with the letter of request. RESOLUTION Director Hanson made a motion, seconded by NO. 88 -474 Director Green, that Resolution No. 88 -474, being MOTION: 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 ENGINEER'S NO. 237, be adopted. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Johnson. NOES: Directors - None ZERO TAX EXCHANGE Mr. Mattern informed the Board that a resolution Annexation No. 237 consenting to Zero Tax Exchange is a requirement when making application to the Local Agency Formation Commission for annexation. - 3 - RESOLUTION Director Crank made a motion, seconded by Director NO. 88 -475 Hanson, that Resolution No. 88 -467, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATIONS TO THE DISTRICT; ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS THEREFOR, MOTION: be adopted. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Johnson. NOES: Directors - None ELECTION INFORMATION On June 22, 1988, Ms. Reichle polled the Board Candidates Statement Members for answers to two questions from the Registrar of Voters pertaining to the November election: Length of candidates statement, 200 or 400 words; and whether or not the District would pay for the candidates statement. Directors Wahner, Crank, Green, Johnson voted to keep the candidate statement at 200 words. Director Hanson voted for 400 words. The Board unanimously voted against paying for the candidates statement. On MOTION: motion by Director Johnson, seconded by Director • Green and carried 5 -0, the results of the poll were ratified- Staff was directed to prepare a policy draft on election practices for the'next Board Meeting. 1988 -89 BUDGET Mr. Oman circulated two versions of the 1988 -89 Preliminary District Budget. He discussed the differences in the two versions. Mr. Oman indicated the trash fee will have to be increased because the County has increased its gate fees. He also indicated the sewer user fee will be increased also to cover the increased costs of maintenance and repairs being experienced on older facilities. Action will be taken at the August meeting. TRASH CONTRACTOR In accordance with the contract between the COMPENSATION RATE District and Orco Disposal, Incorporated, dated April 3, 1974, and as amended August 7, 1974, Section IV "Formula for Compensation," the calculation was submitted by Mr. Oman to reflect a 4.433 percent increase to $5.23 per occupany per month, effective July 1, 1988. MOTION: On motion by Director,Johnson, seconded by Director Green, the rate was approved by the • following roll call vote: - 4 - TRASH RATE AYES: Directors - Wahner, Crank, Hanson, (Continued) Green, Johnson. NOES: Directors - None AUGUST MEETING The date of the Public Hearing for the Trash DATES SET and Sewer Assessment was set for Wednesday, August 3, 1988. WARRANT REPORT Director Crank made a motion, seconded by Director NO. 89 -01 Johnson, authorizing the President and Secretary to sign Report No. 89 -01, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $200,917.98; from the No. 7 Trunk Sewer Fund, $53,413.52 and from the Facilities Revolving Fund, MOTION: $135.00; the total of $254,466.50. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Johnson. NOES: Directors - None. DIRECTORS COMMENTS: President Wahner announced that Director Hanson had recently been elected Chairman of Orange County Sanitation District No. 1. • ADJOURNMENT: President Wahner declared the meeting adjourned at 8:30 p.m. President Se r ary • - 5 -