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Minutes - Board - 1983-11-10Resolution Director Hanson made a motion, seconded by Director No. 83 -402 Green, that Resolution No. 83 -402, being A RESOLU- TION OF THE BOARD OF.DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, IN SUPPORT OF RELICENSING FEDERAL ENERGY REGULATORY ® COMMISSION PROJECTS 1388 AND 1389, HYDROELECTRIC MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS • COSTA MESA SANITARY DISTRICT November 10, 1983 Call to Order The meeting was called to order by President Wahner at 7:30 p.m. Roll Call Present: Directors - Wahner, Hutchison, Hanson, Green Absent: Directors - Crank Officials Present: Bruce Mattern, Manager Roy June, Attorney - Robert Oman, Finance Director Rob Hamers, Engineer Florine Reichle, Assistant Secretary Guests: James Kennedy, Southern California Edison Company, Bev Wahner, Olivia Oman, and Steven Smith MINUTES: October 13, 1983 On motion by Director Green, °seconded by Director Hanson, • and unanimously carried, the minutes of the regular meeting -on October 13, 1983, were approved as distributed and posted. Relicensing of .Hydroelectric Mr. Mattern presented a letter from Mr. Jim Kennedy, Southern Facilities California Edison Company, concerning the _ threatened takeover the of Rush Creek and Pool Hydroelectric projects by competing municipalities as a result of the decision of the Federal Energy Regulatory Commission. -Although this decision has recently been reversed, Mr. Kennedy felt that a clarification of the law by Congress can avert years of costly litigation. He asked the Board to join with the Edison Company in initiating a concerted educational program to ensure the relicensing of these projects so that they may continue to secure their very low cost and reliability for the benefit of all their customers rather than a few. Resolution Director Hanson made a motion, seconded by Director No. 83 -402 Green, that Resolution No. 83 -402, being A RESOLU- TION OF THE BOARD OF.DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, IN SUPPORT OF RELICENSING FEDERAL ENERGY REGULATORY ® COMMISSION PROJECTS 1388 AND 1389, HYDROELECTRIC Resolution PROJECTS, T No. 83 -402 be adopted. (Continued) call vote: AYES: NOES: ABSENT: O THE SOUTHERN CALIFORNIA EDISON COMPANY, Motion carried by the following roll DIRECTORS: Wahner, Hutchison, • Hanson, Green DIRECTORS: None DIRECTORS: Crank REPORTS Mr. Paplham resides at 1111 South Coast Drive, Refund Requests #B -203, which is located in The Woods Condominium Ernest Paplham complex. The entire complex is provided with private trash service and until this year none of the residents have ever filed for exemption. The complex contains 40 units. MOTION On motion by Director Hanson, seconded by Director Green, the request for refund of trash assessment fees in the amount of $62 by Mr. Paplham was denied based upon the District Policy which states exemptions must be filed before June 30. However, the Board supported Mr. Mattern's recommendation that a blanket exemption be filed for the entire complex if so requested by the Homeowner's Associa- tion. Motion carried by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Wahner, Hutchison, Hanson, Green None Crank Albert A. Krieger Mr. Krieger resides in the same complex as Mr. Paplham at 1111 South Coast Drive, #J -202. His request was also for a refund of $62. MOTION On motion by Director Hanson, seconded by Director Green, the request was denied, and staff was directed to advise Mr. Krieger of the above recommendation to his homeowner's association. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Robert Pipher Mr. Mattern presented two requests for refund of trash assessment fees from Mr. Pipher, 6412 Rubens Drive, Huntington Beach, California 92647. Both parcels are eligible for curbside service but presently have private pickup. -2- • • • • MOTION On motion by Director Hanson, seconded by Director Green, the.requests for refund were denied because exemption was not filed according to policy; however, staff was directed to notify Mr. Pipher that he may have curbside service if he desires. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Assessment Cancellation Mr. Mattern presented a request from Apollo Apollo Development Development, 1104 East 17th Street, Santa Ana, California 92701, to cancel sewer assessment fees in the amount of $16.20 on A.P. #139- 571 -05. MOTION Director Green made a motion, seconded by Director Hutchison, that since investigation revealed service fees were not applicable on this parcel, the request be approved. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank State of California Mr. Mattern presented a request from the State Tax Deeded Property Division, Post Office Box 1438, Santa Ana, California 92702, to cancel sewer assessment fees in the amount of S16.20 on A.P. #439- 231 -32. MOTION Director Green made a motion, seconded by Director Hutchison, that since investigation revealed service charges are not applicable on this parcel, the request be' approved.. Motion carried by the following roll call vote: AYES:. DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank -3- City of Mr. Mattern presented a request from the City of Costa Mesa Costa Mesa, to cancel the following sewer assess- ment charges since the land is vacant: Parcel # Year Amount • 422 - 203 -24 1983 -84 $16.20 424 - 223 -01 1983 -84 $16.20 424 - 223 -03 1983 -84 $16.20 424 - 223 -04 1983 -84 $16.20 424 - 223 -12 1983 -84 $16.20 MOTION Director Green made a motion, seconded by Director Hutchison, to approve the cancellations as requested in the total amount of $81.00. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Costa Mesa Park Mr. Mattern presented a request from the Costa and Recreation a Mesa Park and Recreation District (City of Costa District Mesa) to cancel sewer assessment fees on the following parcels which are either parks or strips of land with no facilities: Parcel # Year Amount 139 - 191 -01 1983 -84 $16.20 139 - 341 -03 1983 -84 $16.20 139 - 351 -31 1983 -84 $16.20 139 - 351 -33 1983 -84 $16.20 MOTION Director Green made a motion, seconded by Director Hutchison, to approve the cancellations as requested in the total amount of $64.80. Motion carried by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Wahner, Hutchison, Hanson, Green None Crank County Sanitation Mr. Mattern presented a request from County District No. 1 Sanitation District No. 1, Post Office Box 8127, Fountain Valley, California 92708, to cancel sewer assessment fees on A.P. #415- 112 -08 for 1983 -84 in the amount of $16.20. The parcel is an easement and should not be assessed. • EEM MOTION Director Green made ,a motion, seconded by Director Hutchison, to approve the cancellation as requested. Motion carried by the following roll call vote: • AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank County Sanitation Mr. Mattern presented a request from County Districts No. 7 Sanitation Districts No. 7, Post Office Box 8127, Fountain Valley, California 92708, to cancel sewer assessment on A.P. #418,021 -21 and #418 - 031 -24 in the amount of $16.20 each. Both parcels -are easements. MOTION. Director Green made a motion, seconded by Director Hutchison, to approve the cancellation as requested, in the total amount of $32.40. Motion was carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Plaza del Sol Mr. Mattern presented a request from Plaza del Homeowners Sol Homeowner's Association, 1125 Debra Drive, • Costa-Mesa, California 92626, to cancel the following assessments: • Parcel # Year Amount Type 412- 071 -17 1983 -84 $62.00 Trash 412- 071 -17 1983 -84 $ 9.90 Sewer 412 - 071 -18 1983 -84 $62.00 Trash 412- 071 -18 1983 -84 $ 9.90 Sewer 412- 074 -20 1983 -84 $ 9.90 Sewer 412 - 074 -55 1983 -84 $ 9.90 Sewer MOTION Director Green made a motion, seconded by Director Hutchison, to approve the cancellations as requested since investigation showed they should not be charged service fees. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank -5- Wimbledon Village Mr. Mattern presented a request from Wimbledon Association Village Association, 3301 MacArthur Boulevard, Santa Ana, California 92704, to cancel the follow- ing sewer assessments: • Parcel # Year Amount 412 - 042 -65 1983 -84 $ 9.90 412 - 042 -82 1983 -84 9.90 412 - 043 -01 1983 -84 9.90 412- 074 -05 1983 -84 9.90 412- 082 -07 1983 -84 9.90 MOTION Director Green made a motion, seconded by Director Hutchison, to approve the cancellations as requested in the total amount of $49.50 as they are easements on private streets and should not be assessed. Motion carried by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Wahner, Hutchison, Hanson, Green None Crank Wimbledon Village Mr. Mattern presented a request from Wimbledon Homeowners Village Homeowners Association, Post Office Box Association 4708, Irvine, California 92716, to cancel the following sewer assessments: Parcel # Year Amount Type 412 - 042 -52 1983 -84 $ 9.90 Sewer 412 - 042 -54 1983 -84 $ 9.90 Sewer 412 - 072 -86 1983 -84 $ 9.90 Sewer 412 - 073 -01 1983 -84 $ 9.90 Sewer 412 - 073 -48 1983 -84 $ 9.90 Sewer 412 - 083 -14 1983 -84 $ 9.90 Sewer 412 - 083 -14 1983 -84 $62.00 Trash MOTION Director Green made a motion, seconded by Director Hutchison, to approve the cancellations as requested as they are easements and should not be assessed. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Ir-M r1 U • • Refund Reversal Donald White Mr. Mattern recommended reversal of a refund approved by the Board at the October meeting because further investigation revealed Mr. White had already been refunded for this same item. MOTION On motion by Director Hanson, seconded by Director Hutchison, the refund request of Donald White in the amount of $30 was reconsidered and denied. Motion carried by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Wahner, Hutchison, Hanson, Green None Crank Occupancy Mr. Mattern read the Occupancy Report showing a Report decrease in occupancies of 46.5 units bringing the total as of November 1, 1983, to 20,613.50 units. MOTION On motion by Director Green, seconded by Director Hutchison and unanimously carried, the Occupancy Report was received and filed. Financial On motion by Director Hanson, seconded by Director Report Green, and unanimously carried, the Financial Report for October 1983 was approved as submitted by Mr.. Oman. Project Status Mr. Hamers reported bid opening on the Adams Report Avenue Pumping Station regularly scheduled for November 1 had to be changed to November 14, due to an error by the local paper in the publishing. The bids will be submitted at the December meeting; Update District Records at City project is con- tinuing; the remaining work on the 23rd Street Pumping Station and Force Main is minimal and will be completed by the contractor although several stop notices have been filed against the project for non - payment. The contractor, Robert Castongia, Inc., has indicated the bonding company will act in place of the contractor for payment of outstand- ing'bills and acceptance of remaining monies due the contractor; preliminary site investigation is underway on the Newport Avenue and Pomona Avenue sewer projects. MOTION On motion by Director Hansono seconded by Director Green, and unanimously carried, the Project Status Report was received and filed. is -7- Tustin Avenue Mr. Hamers presented a copy of a letter and Pumping Station invoice from Klein - Tieman, Associates, for work performed on the Flygt Pumps in the Tustin Avenue Pumping Station. Although the pumps were under warranty, improper wiring by a City employee caused the malfunction. Therefore, he recommended a reimbursement of $264.30. MOTION On motion by Director Hanson, seconded by Director Green, reimbursement of $264.30 to Klein - Tieman, Associates, 512 South San Vicente Boulevard, Los Angeles, California 90048, was approved by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Annexation No. 209 Mr. June informed the Board that the Local Agency Final Acceptance Formation Commission had authorized the District to annex the property described in Annexation No. 209 without notice of public hearing by the Board and without election since it is an annexa- tion requested with written consent of 100 percent of the landowners within the territory being annexed. The said territory has been declared categorically exempt by the City of Costa Mesa as • the Lead Agency, pursuant to the California Evironmental Quality Act of 1970. Resolution Director Hanson made a motion seconded by Director No.'83 -188 -A Hutchison, that Resolution No. 83 -188 -A being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DISTRICT WITHOUT HEAR- ING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 209, be adopted. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank • Q�3. Resolution Director Hanson made a motion seconded by Director No. 83 -401 Green, that Resolution No. 83 -401 being A RESOLU- TION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, COMMENDING ELVIN HUTCHISON, DIRECTOR, COSTA MESA SANITARY DISTRICT, be adopted. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hanson, Green NOES: DIRECTORS: None ABSTAINING: DIRECTORS: Hutchison ABSENT: DIRECTORS: Crank Endorsement As requested by the Board at their last meeting, Mr. Mattern presented a letter to Governor Deukmejian endorsing James W. Anderson to fill the attorney- member vacany on the State Water Resources Control Board. MOTION Director Hanson made a motion seconded by Director Hutchison, and unanimously carried, to authorize President Wahner to sign the letter of endorsement. Warrant Report Director Hanson made a motion seconded by Director No. 83 -10 Green to authorize the President and Secretary to sign Report No. 83 -10, instructing the County Auditor to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $157,251.42. Motion carried by the following • roll call vote: n LJ AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank. Warrant Report Director Hanson made a motion seconded by Director No. 83 -11 Green to authorize the President and Secretary to sign Report No. 83 -11, instructing the County Auditor to draw a warrant from the Costa Mesa Sanitary District Facilities Revolving Fund in the amount of $50.00. Motion carried by the following roll call vote: AYES: DIRECTORS: Wahner, Hutchison, Hanson, Green NOES: DIRECTORS: None ABSENT: DIRECTORS: Crank Directors' Director Hanson asked to have a resolution pre - Comment-s pared for the next meeting supporting the passage of Assembly Bill No. 1732 which would place a Clean Water Act on the November 1984 ballot. ADJOURNMENT: President Wahner declared the meeting adjourned at 8:33 p.m. s'dent Secretary n U • -10-