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Minutes - Board - 1992-11-12 (2)�i MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 12, 1992 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on November 12, 1992, 7:30 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: James Wahner, Nate Reade, Dick Sherrick, James Ferryman (late) Directors Absent: Harry Green (excused) Staff Present: Roy June, Attorney, Robin Hamers, Manager /Engineer, Florine Reichle, Assistant Manager /Clerk of the Dis- trict, Donna Theriault, Accountant Guest: Tracie Chalamidas, 2062 • Business Center Dr., Irvine Director Wahner called the meeting to order at 7:30 p.m. Director Sherrick led the Pledge of Allegiance. Director Reade gave the Invocation. • MINUTES OF OCTOBER 8, 1992: Hearing .no additions or corrections to the minutes of October 8, 1992, the minutes were unanimously approved. WRITTEN COMMUNICATIONS: A birth announcement and photo of the Finance Director, her husband and new baby, Andrew, was circulated. Mr. Hamers circulated a letter from Special District Risk Management and copy of a check for $8,011 which represents a refund to the District for contributions, earnings less operating costs and losses on the Errors and Omission Program from 1986 through 1989 -90. The refund was possible because all applicable losses have either been paid or are adequately reserved. Minutes of the Costa Mesa Sanitary District Board of Directors Regular Meeting held November 12, 1992 -- Page 2 • Mr. Hamers also circulated a copy of a legal opinion from Attorney June on when the newly elected directors take office. He suggested the Board consider adjourning this meeting to December 4, 1992, at 12 noon in the Fourth Floor Conference Room to seat the new directors. MANAGER'S REPORTS: OCCUPANCY REPORT: A decrease of 177 units in the occupancy report for solid waste collection as of November 1, 1992, was noted, therefore, the total for November is 22,534 units. Motion was made by Director Reade, and seconded by Director Sherrick, to accept the Occupancy Report for November in the amount of 22,534. Motion carried 3 -0. Director Sherrick requested explanation on the fluctuation in the amounts of solid waste collection. Mr. Hamers explained that the fluctuation is contingent upon the Assessor's Office totaling of the parcels. It is difficult to discover errors and discrepancies often do not manifest themselves until after the tax bill has been mailed out. A second motion was made by Director Reade, and seconded by Director Wahner, to direct staff to prepare a warrant to Costa Mesa Disposal on December 1, 1992, for payment for November trash collection based on this occupancy report so long as contractor fulfills obligations of agreement. Said payment in the amount of $150,624.02 to be ratified on the December warrant list. Motion carried 2 -1. Director Sherrick voting no. REFUNDS: Prior to action on the refund, Director Sherrick asked to have the record show that he is opposed to denying refunds to those individuals who were paying for a service not being used. President Wahner welcomed Tracie Chalamidas and invited her to address the Board concerning her rationale for approval of refund for property located at 735 Paularino Avenue. Ms. Chalamidas felt that Andre Bachtiari should be refunded $17,622.38 for Trash Disposal Assessment for the 1990 -91 period due to the fact that her company had never received the exemption form because it may have been sent to the wrong address. Ms. Chalamidas claimed she had called the Assessor's Office to investigate the matter and, however, was not • referred to the correct agency. TA ,4 • • • Minutes of the Costa Mesa Sanitary District Board of Directors Regular Meeting held November 12, 1992 -- Page 3 Director Ferryman arrived at 7 :50 p.m. Mr. Hamers explained the situation concerning Andre Bachtiari. The Assessor's Office recorded the wrong information for year 90/91 and .91/92. They recorded 51 units for 90/91 and 100 units for 91/92. They were charged for trash pickup in addition to having a private contractor pick up their trash. They were never exempted from trash collection charges because the exemption forms were never returned. Mr. Hamers further explained that they had filed exemption forms for their other properties and felt that this property being the largest would take priority. In addition, various attempts were made to notify Andre Bachtiari to file, e.g., notices in water bill and business license renewal, etc. Mr. Hamers informed the Board that the staff is recommending denial of the $14,016.00 refund and approval of the adjusted amount of $7,893.12, in accordance with District policy. Motion was made by Director Reade, seconded by Director Ferryman to pay the adjusted amount of $7,893.12. Motion carried 3 -1, with Director Sherrick voting no. William Kreisle, 1775 Hummingbird Dr., Costa Mesa, CA 92626 Mr. Hamers presented a request for refund of trash assessment fees for parcel address; 3094 Cassia Avenue, Assessor's Parcel No. 139 - 563 -04, in the amount of $620.79. Owner was billed for 4 units, should be billed for 2 units. Mr. Hamers informed the Board that staff is recommending approval of a refund in the amount of $620.79 for the years 1987 -88 through 1991 -92 (except 1989 -90) in accordance with District policy. Motion was made by Director Reade, seconded by Director Ferryman that refund of $620.39 be approved. Motion carried 3 -1, Director Sherrick voting no. William Lamson 125 Rochester Costa Mesa CA 92627 Mr. Hamers presented a request for refund of trash and sewer assessment fees on Assessor's Parcel 425 - 442 -11. Mr. Hamers informed the Board that staff is recommending approval of a refund for trash and sewer in the amount of $606.44 for the years 1987 -88 - 1991 -92; in accordance with District policy. Motion was made by Director Ferryman, seconded by Director Reade that refund of.$606.44 be approved. Motion carried 4 -0. Paul Wilbur, 312 Magnolia Street, Costa Mesa, CA 92627 Mr. Hamers presented a request for a refund of District 6 Fees as applicant thought he was on a septic tank. Mr. Hamers informed the Board that staff is recommending approval of refund in the amount of $2,350 to be made in accordance with District policy. Motion was made by Director Ferryman, seconded by Director Reade that refund of $2,350 be approved. Motion carried 4 -0. lbur lia Street, Costa Mr. Hamers presented a request for a refund applicant is tying into an existing line and no 92627 of $191 as sewer permit Minutes of the Costa Mesa Sanitary District Board of Directors Regular Meeting held November 12, 1992 -- Page 4 is required. Mr. Hamers informed the Board that staff is • recommending approval of refund in the amount $191 to be made in accordance with District policy. Motion was made by Director Ferryman, seconded by Director Reade that refund of $191 be approved. Motion carried 4 -0. Arnel Development, 950 South Coast, #200, Costa Mesa, CA 92626 Mr. Hamers presented a request for an adjustment to the District on sewer fees for 1142 Buckingham, Assessor's Parcel No. 412 - 084 -03. Owner was billed for 57 units instead of 67 units for the years 1991 -92. Mr. Hamers informed the Board that staff is recommending approval of the adjustment in the amount of $147.10 to be made in accordance with District policy. Applicant is in agreement of the underpayment to the Sanitary District. Motion was made by Director Reade, seconded by Director Ferryman that the adjustment of $147.10 be approved. Motion carried 4 -0. Arnel Development, 950 South Coast, #200, Costa Mesa, CA 92626 Mr. Hamers presented a request for an adjustment to the District on sewer fees for 1105 Buckingham, Assessor's Parcel No. 412 - 084 -11. Owner was billed for 87 units instead of 89 units for the years 1991 -92. Applicant is in agreement that they have underpaid the Sanitary District. Mr. Hamers informed the Board that staff is recommending approval of the adjustment in the amount of $29.42 to be made in accordance • with District policy. Motion was made by Director Ferryman, seconded by Director Reade that the adjustment of $29.42 be approved. Motion carried 4 -0. Arnel Development, 950 South Coast, #200, Costa Mesa, CA 92626 Mr. Hamers presented a request for a refund on sewer fees for 1142 Buckingham, Assessor's Parcel No. 412 - 084 -02. Owner was charged for 244 units instead of 88 units for the years 1991 -92. Mr. Hamers informed the Board that staff is recommending approval of the refund in the amount of $2,294.76 to be made in accordance with District policy. Motion was made by Director Reade, seconded by Director Ferryman that refund for $2,294.76 be approved. Motion carried 4 -0. Katella Investment, 950 South Coast #200, Costa Mesa, CA 92626 Mr. Hamers presented a request for a refund on sewer fees for 655 Baker, Assessor's Parcel No. 418 - 183 -05. Owner was billed for 440 units instead of 248 units for the years 1989 -90 - 1991 -92. Mr. Hamers informed the Board that staff is recommending approval of the refund in the amount of $7,946.88 to be made in accordance with District policy. Motion was made by Director Ferryman, seconded by Director Read that refund for $7,946.88 be approved. Motion carried 4 -0. Katella Investment, 950 South Coast #200, Costa Mesa, CA 92626 Mr. Hamers presented a request for a refund on sewer fees for • 655 Baker Street, Assessor's Parcel No. 418- 212 -01. Owner was billed for 440 units, instead of 192 units, for years 1989 -90 F • 1� Minutes of the Costa Mesa Sanitary District Board of Directors Regular Meeting held November 12, 1992 -- Page 5 - 1991 -92. recommendii $10,264.72 Motion was Reade that 4 -0. . Mr. Hamers informed the Board that staff is ig approval of the refund in the amount of to be made in accordance with District policy. made by Director Ferryman, seconded by Director refund for $10,264.72 be approved. Motion carried Mr. Hamers informed the Board that staff recommends that the Finance Director make two (2) separate checks; one for Arnel Development and one for Katella Investment. Robert Stellrecht_Jr., 550 Bolsa, Suite 100, Huntinaton Beach. CA 92649 Mr. Hamers presented a request for refund on 531 West Wilson St., 'Assessor's Parcel No. 422- 193 -15. Owner, is using a private trash service and an exemption form was never filed. Mr. Hamers informed the Board that staff is recommending denial of $3,363.84 in accordance with District policy. Motion was made by Director Reade, seconded by Director Ferryman that the refund request be denied. Motion carried 4 -0. SOURCE REDUCTION AND RECYCLING ELEMENT CA - INTEGRATED AND RECYCLING ELEMENT: Mr. Hamers informed the Board that the City Council will be discussing the Source Reduction and Recycling Program at their November 16 meeting. Waste Diversion Report for October, 1992: Total tonnage: 2,628.17 Status Report - CR Transfer: Percent recycled: 25.04% Mr. Hamers received a letter from Mike Silva of CR Transfer regarding their financial stability. Staff requested the Board review the letter and give direction on the situation. The Board directed staff to continue monitoring CR Transfer and to keep the Board informed of changes to their financial situation. TREASURER'S REPORT: Ms. Theriault presented the Financial Report for October 1992. The report was received and filed. CR Transfer Rate Increase: Based on the CPI annual figure ending September 1992, staff recommends the approval of a rate increase of $.56 per ton or a new base figure of $17.04 per ton, and total amount of $34.94 per ton in the recycling contract with CR Transfer. Motion was made by Director Reade,. seconded by Director Ferryman to accept the rate increase. Motion carried 4 -0. Minutes of the Costa Mesa Sanitary District Board of Directors Regular Meeting held November 12, 1992 -- Page 6 ENGINEER'S REPORTS: • PROJECT STATUS REPORT: Mr. Hamers reported that there were no additions to the project status report. The report was received and filed. DEVELOPMENT UPDATE: There was nothing new to report. REVIEW OF SEWER PLANS: There was nothing new to report. PROJECT NO. 128 - MESA /BIRCH SEWER REALIGNMENT AGREEMENT WITH ORANGE COUNTY DEVELOPMENT AGENCY: Mr. Hamers reported receipt of a letter of understanding but has not received the revised agreement. The District's Attorney and Manager /Engineer have reached an understanding with the ,agency and an agreement will be forthcoming. Staff recommends removing this item until said agreement has been received and at that time it will be placed on the agenda. PROJECT NO. 133 - PUMP STATION MAINTENANCE - PROPOSAL TO BEGIN DESIGN: Mr. Hamers presented a proposal to complete the design phase of Capital Improvement Project 1112100 -133, Pump Station Maintenance, at the following rates: Engineering $59.00 /hr Draftsman 47.00 /hr 3 man Survey Crew 170.00 /hr 2 man Survey Crew 150.00 /hr The total is not to exceed $9,000. After review of the proposed project, motion was made by Director Sherrick, seconded by Director Reade to accept the proposal as presented at the hourly rates and not to exceed $9,000. Motion carried 4 -0. ATTORNEY'S REPORT: RESOLUTION NO. 92 -528 - DESIGNATING STAFF TO MAKE CORRECTIONS, ADDITIONS, DELETIONS TO TAX ROLL. Director Reade made a motion, seconded by Director Ferryman that Resolution No. 92 -528, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DESIGNATING CERTAIN PERSONS TO AUTHORIZE THE AUDITOR - CONTROLLER FOR THE COUNTY OF ORANGE TO MAKE ADDITIONS, DELETIONS AND CORRECTIONS TO SPECIAL ASSESSMENTS BEING COLLECTED ON THE COUNTY TAX ROLL AND GIVING REASONS THEREFOR ", be adopted. Motion carried 3 -1, • Director Sherrick abstained. Minutes of the Costa Mesa Sanitary District Board of Directors ® Regular Meeting held November 12, 1992 -- Page 7 OLD BUSINESS: STATUS REPORT - PENDING ITEMS: Press Release Campaign - staff has distributed flyers on the Effects of State Budget on Orange County Sanitation Districts (OCSD) . The Assistant Manager has made arrangements to have the OCSD video run on City Channel 62. Staff is monitoring the situation trying to make people aware of the effects. NEW BUSINESS: MEMBERSHIP RENEWAL - CA SPECIAL DISTRICTS: Mr. Hamers. presented the annual membership renewal in the California Special District Association and is recommending approval in the amount of $1,238. Motion was made by Director Ferryman, seconded by Director Reade to approve membership renewal. Motion carried 4 -0. 4TH ANNUAL TELEPHONE BOOK RECYCLING PROGRAM: The program began November 11 and will run through December 14, 1992. There are presently eight drop -off locations. Staff will be assessing the collection at each • location and based on the outcome will make recommendations for additional or relocation of bins for next year's program. The Board suggested they be shown the recommended locations in advance of the program next year. 3RD ANNUAL CHRISTMAS TREE RECYCLING PROGRAM: Mr. Hamers reported plans are underway for the 3rd Annual Christmas Tree Recycling Program. Costa Mesa Disposal provides the tree, collection and drop -off at no cost to the District; the City provides the manpower at the grinding site; the District provides the public relations and promotion of the project; the only cost remaining will be that of the tub grinder for four days following the end of the program. Western Waste Industries has agreed to donate the equipment at their cost, approximately $3,000. Staff is recommending fifty percent participation, or $1,500, not to exceed $2,000, and subject to the City participating fifty percent. Motion made by Director Sherrick, seconded by Director Reade to approve the cost of one -half the tub grinder not to exceed $2,000, provided the City participates in the other 50 %. Motion carried 4 -0. THE GREEN CARD SYSTEMS, INC.: Staff recommends this new recycling concept, located at 1630 ® Superior Avenue, be supported by the Board. Consumers are able to recycle trash for services with a "Green Card." Minutes of the Costa Mesa Sanitary District Board of Directors { Regular Meeting held November 12, 1992 -- Page 8 Director Sherrick suggested that the District avoid endorsement of this program due to the possibility of a liability. The Board directed staff to draft a letter in support of Green Card Systems, Inc., and said letter be reviewed by Attorney June. WARRANT REPORT: Director Ferryman made a motion, seconded by Director Reade to authorize the President and Assistant Secretary to sign Warrant Report No. 93 -05, instructing the Treasurer to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $382,289.10. Motion carried 3 -1 with Director Sherrick voting no on item numbers 118 and 119 and yes on the remainder. ORAL COMMUNICATIONS: President Wahner, the Board and Staff congratulated Director Ferryman on his reelection to the Board. President Wahner expressed his appreciation to Director Sherrick in serving on the Board. Mr. Hamers presented Director Sherrick with a plaque from the Costa Mesa Sanitary District in appreciation of his service on the Board. Mr. Hamers read the inscription on the plaque; "IN RECOGNITION OF DEDICATED SERVICE TO THE CITIZENS OF THE COSTA MESA SANITARY DISTRICT AS A MEMBER OF THE BOARD OF DIRECTORS 1990 TO 1992." Director Ferryman reported that there is a very bad odor from the OCSD sewer on Gisler Avenue. Mr. Hamers will investigate. ADJOURNMENT: President Wahner adjourned the meeting at 8:55 p.m. to December 4, 1992, at 12 noon in the Fourth Floor Conference Room. Pres ecretary •