Loading...
Minutes - Board - 1990-03-08I E • MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT CALL TO ORDER President 7:30 p.m. ROLL CALL Present: March 8, 1990 Wahner called the..meeting to order at Officials present: Directors - Wahner, Crank, Green, Ferryman, Cole. Robert Brock, Manager Roy June, Attorney Susan Temple, Treasurer Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of the.District Guests: Gloria Cuellar, 22301 Walling', Lane, Huntington Beach, CA; Paula Rayburn, Palmwood Development Company. MINUTES: On motion by Director Green, seconded by Director February 8, 1990 Ferryman, and carried 5 -0, the minutes of the regular meeting of February 9, 1990 were approved as distributed and posted. WRITTEN . Mr Brock circulated a copy of the CSDA Newsletter; • CORRESPONDENCE and a brochure from CSDA announcing a conference entitled "Impacting the Future of California's Special Districts" to be held May 7 and 8 in Sacramento. President Wahner encouraged Board members to attend. Registration must be made by May 1. CLAIM: A claim was presented from Palmwood Development Palmwood Company, 2900 BRistol, #J105, Costa Mesa, in the Development amount of $9,611.20. Ms Rayburn said it was necessary to repair a sewer lateral at a new nine -unit development at 419 Hamilton Street. The problem surfaced can ;, ,-, Saturday , . an,d .... required immediate repair `,;:As' a ke sult, a contractor was hired to open up-the lateral and repair the line. Staff investigation showed that in 1970, a con- tractor for the District installed a new sewer in Hamilton Street under the lateral serving the property and as part of the project, reconstructed the sewer lateral as it crossed over the new sewer main. It appears at the time of backfill, the pipe was slightly damaged resulting in a slow leak. When only one unit was on the property, the problem was not detected. With the new development containing nine units, it quickly • surfaced. However, Mr. Hamers felt the charges submitted to Palmwood Development were excessive printed on recycled paper Palmwood and recommended reimbursement be only in the (continued) amount of $3,722.50, a closer to appropriate amount for the services that were required. Ms Rayburn said as a property manager she has • never experienced this type of occurrence and is unfamiliar with repair procedures. However, she realized some of the charges were excessive and has not paid those invoices. She asked if the Board would consider honoring the claim in the amount of $5,000. Mr. June said $3,722.50 was felt to be the reasonable amount. Director Green made Ferryman, to offer total amount of $3 following roll call AYES: Directors NOES: Directors a motion, seconded by Director settlement of the claim in the ,722.50. Motion carried by the vote: - Wahner, Crank, Green, Ferryman, Cole. - None. REFUNDS: Mr. Brock said that based upon the continuance Gloria Cuellar from the February 8 meeting of Ms Gloria Cuellar's request for refund of trash exemption fees on A.P. No. 141 - 664 -31, staff further checked past records and found that Ms Cuellar had not been exempt last year and yet did not file an exemption for this year. Based on this information and following • written policy, staff is recommending denial of the refund. Director Ferryman made a motion, seconded by Director Green, to deny the request. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Robert Bernabe Mr. Brock presented a request from Robert Bernabe 2210 Canyon, #B -2, Costa Mesa, CA, for refund of trash assessment fees of $222.57 on A.P. No. 422 - 078 -05. Mr. Bernabe was incorrectly charged for four units instead of one. Mr. Bernabe asked if his property is eligible for permanent exemp- tion. Staff studied the complex and recommends permanent exemption because the manner in which it is developed precludes curbside trash service. Director Crank made a motion, seconded by Director Green, to approve the refund in the amount of $222.57, and directed staff to place a permanent exemption on the entire complex. Motion carried by the following roll call vote: U -2- r Refunds AYES: Directors - Wahner, Crank, Green, (Continued) Ferryman, Cole. *Robert NOES: Directors - None.. Stern Mr. Brock presented a request from Robert Stern, 2164 Kristin Lane, Costa Mesa, CA 92627, for refund of $121.44 on A.P. 931 - 324 -02. Mr. Stern claims he was not informed of the exemption procedure when he purchased his condominium. Staff recommendation was to deny the refund because responsibility rests with the property owners to be cognizant of taxes, user fees and assessments on their property holdings. Director Crank made a motion, seconded by Director Green to deny the refund because District policy clearly states that an exemption form must be filed before the June 30 deadline. Motion- carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Price Shapiro Mr. Brock presented requests from Price Shapiro, 2700 East Coast Highway, #B, Corona del Mar, CA, for .trash assessment refunds on three parcels. All three requests were denied because policy states an exemption must be filed before the June 30 deadline., and the responsibility rests with the owners to be cognizant of the taxes, user fees and assessments on their properties. P. Shapiro Director Crank made a motion, seconded by Director Request No. 1 Green, to deny the request for refund of $242.88 on A.P. No: 425- 213 -09. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. P. Shapiro Director Ferryman made a motion, seconded by Request No. 2 Director Crank, to deny the request for refund of $303.60 on A.P. No. 141 - 665 -12. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. P. Shapiro Director Crank made a motion, seconded by Director Request No. 3 Green to deny the request for refund of $303.60 on A.P. No. 141 - 662 -27. Motion carried by the • following roll call vote: -3- J Refunds AYES: Directors - Wahner, Crank, Green, (continued) Ferryman, Cole. NOES: Directors - None. • Chapmen Die Mold Mr. Brock presented a request from Chapman Die Mold, 1602 Placentia Avenue, Costa Mesa, CA for refund of Orange County Sanitation District No. 6 fees collected in error by the District. Director Green made a motion, seconded by Director Crank to approve the refund of $500. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. OCCUPANCY Mr. Brock read the Occupancy Report showing an REPORT increase of 1.5 units in the trash and garbage collection count as of March 1, 1990, bringing the total to 19,730.1 units. On motion by Director Green, seconded by Director Ferryman, the Occu- pancy Report was approved by the following roll call vote: AYES: NOES: FINANCIAL Ms Templ REPORT February, seconded Financial Directors - Wahner, Crank, Green, Ferryman, Cole. Directors - None. s presented the Financial Report for • 1990. On motion by Director Green, by Director Crank, and carried 5 -0, the Report was received and filed. Ms Temple distributed a handout which briefly described several components of the financial report. She explained briefly the four funds and the components of how the money is received and spent by the District. PROJECT STATUS Mr. Hamers reported there were no additions to the REPORT Project Status Report. On motion by Director Crank, seconded by Director Ferryman, and carried 5 -0, the Project Status Report was received and filed. AIRWAY AVENUE Mr. Hamers said the results of the Airway Avenue SEWER STUDY Sewer Project Report showed capacity in the sewer Project No. 112 system and construction of an expanded sewer system is not presently needed. He reported three users are violating District Ordinance 20 and recommended they be charged at the rates outlined in the report. He also plans to continually monitor the system to identify any increase in discharges. On motion by Director Green, seconded • by Director Crank, the Airway Avenue Sewer Study, -4- Project No. 112 (Continued) • FAIR DRIVE SEWER Project No. Project Acceptance Notice of Completion Project No. 112, was adopted as presented; staff was directed to notify and bill the violators according to the fees stated in the report, and to continue to monitor the area. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, , Ferryman, Cole. NOES: Directors - None. Mr. Hamers said the Sewer, Project.No. 111 tance of the proje Director Ferryman, Change Order No. 2 approved. Motion call vote: improvements to the Fair Drive 111, were completed and accep- ct is recommended. On motion by seconded by Director Green, in the amount of $2,399.27 was carried by the following roll AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. On motion by Director Crank, seconded by Director Green, the project was accepted as completed and filing of the Notice of Completion authorized. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Retention Payment Director Green made a motion, seconded by Director Authorized Crank, to authorize payment of five - percent retention 35 days after the notice of completion is recorded. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Exoneration of Director Green made a motion, seconded by Director Bonds Ferryman, to exonerate the bonds as specified in the contract. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. CITAIM: Mr. June presented a claim from Costa Mesa Grange, Costa Mesa Grange 2144 Thurin Avenue, Costa Mesa in the amount of $7,377.10. Mr. Hamers commented that a new sewer • was installed in Victoria in 1988 which crossed under the sewer lateral serving the site. The -5- Claim - Grange Hall contractor found a lateral to the site in the (continued) location that matched the sewer records and reconstructed it in place. While proceeding, the contractor apparently trenched through the lateral that actually serviced the site. Neither con- tractor nor District inspector was aware of this because no flow was apparent from the seldomly- .used hall. Two years later, the property owner began experiencing sewer backups and their con- tractor exposed the problem. The costs submitted appear to be reasonable and staff is recommending approval in the full amount. Director Ferryman made a motion, seconded by Director Crank to honor the claim in the amount of $7,377.10. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole., NOES: Directors - None. ROBERT DUFF vs. Mr. June said the case of Robert Duff versus the DISTRICT District has been appealed to Superior Court and trial is set for March 23. FINANCIAL Mr. Brock said following the last meeting a staff SERVICES report was distributed to Board members on the PROPOSAL Financial Services Proposal made by Mr. Oman. He said after considerable analysis, staff is recom- mending the District continue to utilize City services through the calendar year to allow staff time to evaluate present services and recommend the most beneficial plan for future services. Director Ferryman made a motion, seconded by Director Green to continue to utilize City financial services through the calendar year; further directed staff to provide an evaluation after January 1, and to prepare a letter to Mr. Oman thanking him for his proposal. Motion carried by the following roll call vote: REPORT: Notification Policy - Trash Exemption AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Mr. Brock reported staff is continuing to look for additional methods of notifying residents of the exemption procedure on trash assessment. An addition to the conditions of approval on develop- ment projects will include contacting the District office on requirements or exemptions. Also a notice will be included in the business license renewal notices which are mailed monthly over a twelve -month period. • LOCAL AGENCY INVESTMENT 0FUND Ms Temple spoke on the Treasury Local Agency local agencies. The State availability of the State Investment Fund (LAIF) to Treasurer has the monies of LAIF invested with State monies through the Pooled Money Investment Account with an objective to realize the maximum return consistent with safe and prudent treasury management. The most signifi- cant advantage to the District would be the flexibility of withdrawing funds at any time allowing staff to take advantage of the District's cash flow requirements while the District's portfolio would be fully invested for the maximum possible time and investment earnings maximized. RESOLUTION Director Green made a motion, seconded by Director NO. 90 -490 Crank that Resolution 90 -490, being a RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, AUTHORIZING THE CITY TREASURER TO INVEST DISTRICT MONIES WITH THE STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND, be adopted. Motion carried by the following roll call vote: ® WARRANT REPORT NO. 90 -09 • AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Director Crank made Green, authorizing sign Report No. 9 Costa Mesa to draw Sanitary District $328,365.52. Motion call vote: AYES: Directors - NOES: Directors - a motion, seconded by Director the President and Secretary to 0 -09 instructing the City of a warrant from the Costa Mesa General Fund in the amount of carried by the following roll Wahner, Crank, Green, Ferryman, Cole. None. ORAL President Wahner reminded the Board that the COMMUNICATIONS Independent Special Districts 1990 Mini - Conference will be held on March 24. Any director who wishes to attend may do so and be reimbursed by the District. Director Cole said he would attend. ADJOURNMENT President Wahner declared the meeting adjourned at 8:40 p.m. -7-