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Minutes - Board - 1990-04-12MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT _4 April 12, 1990 CALL TO ORDER President Wahner called the meeting to order at 7:30 P.M. ROLL CALL Present: Directors - Wahner, Crank, Green;=,- Ferryman, Cole. Officials present: Robert..-. ±Brock, Manager Roy..June, Attorney Susan Temple, Treasurer RobimHamers, Engineer _ Floil e.Reichle, Assistant. manager/clerk of the District Guests: Sylvia Bar, 928 Joann Street, Costa Mesa; Tom Hutchison, 2210 'Canyon, #A -2, Costa_.Mesa. MINUTES: On motion by Director Green, "seconded.- by.Director. March 8, 1990 Ferryman, and carried 5- 0,.,''the _.miliutes of the regular meeting of March 8,'1990 were approved as distributed and posted. WRITTEN Mr Brock circulated a letter from Mr. Robert „;SPONDENCE Huntley, Representative to Independent Special Districts of Orange County (ISDOC), asking for nominations to fill four vacant offices on the Board; a letter from Mr. Nathan Reade, announcing his plans to run for District office; letter from Mr. Frank Bowerman, County Waste Management ..Department, apologizing for not mentioning Costa Mesa's recycling program in a recent newspaper. article; a letter from Governor Deukmejian's office thanking the District for correspondence supporting AB 1312; and a brochure from CSDA about a conference entitled "Impacting the Future of California's Special Districts" to be held May 7 and 8 in Sacramento. Director.Cole said he-is planning on attending this oonferenc.e °:. CLAIM: President Wahner asked Ms Sylvia Bar to address Sylvia Bar the Board about the claim she filed with the District. She told of an occurrence on or about Friday, October 27, 1989, when sewage backed up into her shower drain and toilet. She said she had seen a Sanitation truck in the area flushing out the sewers and didn't know if there was a connection to the occurrence. Mr. Hamers explained that cleaning the sewer at that location was coincidental and could not cause a sewer backup. Ms Bar also mentioned the root intrusion found in her lateral. Ms Bar further stated a City tree had n �J recycled paper Claim - Bar been removed from the parkway and she suspects the (continued) roots in the lateral were from the City tree. She was advised to contact the Community Services Department for investigation. On motion by Director Crank, seconded by Director Green, the claim was rejected and Ms Bar referred to Community Services Department. Motion carried by the following roll call.vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. REFUNDS: President Wahner asked Mr. Hutchison to address Tom Hutchison his issue. He said he had submitted a refund request for trash assessment fees on A.P. No. 422- 078 -01, a condominium at 2210 Canyon Drive. Staff report showed that he was charged for four units instead of one. Correction has been made and staff is recommending a refund for those fees. incorrectly charged. It was further explained that $121.44, the yearly trash collection fee, was deducted from the refund because an exemption was never filed. Staff explained to Mr. Hutchison that just recently, a permanent exemption has been placed on this complex because the manner in which it is developed precludes curbside trash so after this year, it will not be necessary to file an • exemption. Director Crank made a motion, seconded by Director Green, to approve a refund of $222.57 to Mr. Tom Hutchison, 2210 Canyon, #A -2, Costa Mesa. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Price Shapiro Mr. Brock presented two requests from Mr. Price Shapiro, 2700 E. Coast Highway, #B, Corona del Mar, for refund of 1988 -89 trash assessment fees of $193.57 on A.P. No. 141- 665 -12; and $193.57 for refund of 1988 -89 trash assessment fees on A.P. No. 141- 662 -27. Mr. Shapiro said he was unaware of the exemption policy. Request No. 1 Director Ferryman made a motion, seconded by Director Crank, to deny the refund request on A.P. No. 141 - 665 -12 because policy states an exemption must be filed, and consistency in adhering to the premise that responsibility rests with the home- • owner to be cognizant of the taxes, user fees '5M REFUNDS: and assessments and /or exemptions on their �ontinued) property. 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 Cole, to deny the refund on A.P. No. 141- 662 -27 because policy states it is the homeowner's responsibility to file an exemption and to be knowledgeable about the taxes, user fees, assessments and /or exemptions on their property. Motion carried by thelfollowing roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Max Weiss Mr. Brock presented a request from Mr. Max Weiss, 602 Foxen Drive, Santa Barbara, CA 93105, for refund of trash assessment and sewer user fees on A.P. No. 426- 252 -30 in the amount of $133.83. Staff investigation showed the parcel.is a vacant • lot. Director Crank made a motion, seconded by Director Green to approve the refund in the amount of $133.83. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - .None. John Pedicini Mr. Brock presented a request for refund of trash assessment and sewer user fees on A.P. No. 935- 840 -21 from John Pedicini, 2236 Pacific, #E, Costa Mesa. Mr. Pedicini was charged for five units instead of one unit. He was also eligible for an exemption but did not file. Director Crank made a motion, seconded by Director Green, to withhold $121.44 because he did not file an exemption and to approve the request for refund of $296.76 for fees incorrectly charged. 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 OEPORT increase of three units in the trash and garbage collection count as of April 1, 1990, bringing the total to 19,733.5 units. On motion by Director -3- Occupancy Green, seconded by Director Ferryman, the Occu- r. Report pancy Report was approved by the following roll (continued) call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. FINANCIAL Ms Temple presented the Financial Report for REPORT March, 1990. On motion by Director Green, seconded by Director Crank, and carried 5 -0, the Financial Report was received and filed. Ms Temple distributed a handout which briefly described the portion of the report that pertains to assets and resources and commented on the various components. She also announced that the 1990 -91 budget would be presented for preliminary approval before June 30. 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. SANTA ANA Mr. Hamers commented on the Santa Ana Heights HEIGHTS - Draft Comprehensive Infrastructure Implementation is DRAFT STUDY Plan recently completed by a consultant firm. He Project also referred to a letter he sent to the County No. 109 offering comments relating to the sewer improve- ments outlined in the report. On motion by Director Green, seconded by Director Cole, and carried 5 -0, the report was received and filed under Project No. 1112100 -.109. ROUTE 55 /MESA Mr. Hamers presented a Utility Agreement from OVERCROSSING CALTRANS for the relocation of the District's Project Force Main within the limit of the Route 55 No. 110 Freeway overcrossing at Mesa Drive, Project No. 1112100 -110. As stated in 'the agreement, the State will reimburse the District for the cost of design and inspection within 90 days after completion of the project and receipt of invoice. Director Green made a motion, seconded by Director Cole to authorize signatures to an agreement with CALTRANS. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. ROUTE 55/21ST Mr. Hamers related information on Project No. • OVERCROSSING 1112100 -113, 21st Street Sewer Siphon, gathered at Project No. 113 -4- fit_ 55/21st a recent meeting with CALTRANS. CALTRANS vercrossing officials have asked the District to consider ontinued) other options than the proposed siphon because their contractor claims he is unable to construct the siphon. Mr. Hamers proposes to complete the new design phase at a price not to exceed $15,000.. The District will be reimbursed by the State after completion of the project. He further asked that a budget adjustment be approved for the additional design and inspection, in the amount of $30,440. Director Ferryman made a motion, seconded by Director Crank, to approve the proposal for the additional design, not to exceed $15,0001 and to approve a budget adjustment in the amount of $30,440. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green,, Ferryman, Cole. NOES: Directors - None. TRIANGLE Mr. Hamers asked for conceptual approval on the SQUARE Triangle Square Development at 19th /Harbor /Newport DEVELOPMENT Boulevards for the abandonment of District's rights to existing public utility easements and • existing sewer facilities within the easements, subject to the developer making the required payments for fees, processing plans and meeting District construction requirements. Director Ferryman made a motion, seconded by Director Cole, to conceptually approve the abandonment of ease- ments in the Triangle Square project area subject to the conditions as stated. Motion carried by the following roll call vote: • request for refund of trash assessment fees in the amount of $475.11 which was previously denied, appealed and again denied, heard in Superior court -5- AYES: Directors — Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. CLAIM - Mr. June reported that the offer made on the PALMWOOD settlement of claim to Palmwood Development, in DEVELOPMENT the amount of $3,722.50, was accepted, the release signed, and the case closed. CLAIM - Mr. June reported that the settlement of claim in COSTA MESA the amount of $7,377.10 to the Costa Mesa GRANGE ,Grange, 2144 Thurin Avenue, has been accepted, the release signed, and the case closed. CLAIM - Mr. June said a letter had been received from Mr. ROBERT DUFF Robert Duff asking for reconsideration of the • request for refund of trash assessment fees in the amount of $475.11 which was previously denied, appealed and again denied, heard in Superior court -5- Claim - Duff and dismissed. Mr. Duff has indicated he will (continued) file a new action. On motion by Director Crank, • seconded by Director Cole, the request for settle- ment of $475.11 was denied. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. FLYGT Mr. Brock reported on the Flygt Training School TRAINING that Mr. Vasquez, Sanitation Pump Technician, SCHOOL attended March 6, 7 and 8. The training was Report beneficial to the District because he is now officially certified to work on the District's submersible pumps. Expenses turned out to be considerably less than anticipated. MEMORIAL Mr. Brock said that following the direction of D. Elias the Board, a Memorial of $50 will be made to the family of Domencio Elias who was killed in an accident on March 23, 1990. Mr. Elias was an employee of Kennedy Pipeline, the company that performs the District's emergency repairs. Director Green made a motion, seconded by Director Crank, to approve the Memorial of $50. Motion carried by the following roll call vote: • AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. . EMERGENCY Mr. Brock said the District will provide two EXPOSITION disaster survival kits for the City /Chamber of Commerce Earthquake Exposition which will be held on May 19. Director Ferryman made a motion, seconded by Director Green, to approve the payment of $63.73 for the purchase of the kits. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. WARRANT REPORT Director Crank made a motion, seconded by Director NO. 90 -10 Ferryman, authorizing the President and Secretary to sign Report No. 90 -10 instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $320,938.76. Motion carried by the following roll call vote: is n arrant Report AYES: Directors - Wahner, Crank, Green, 90 -10 Ferryman, Cole. continued). NOES: Directors - None. ORAL President Wahner announced that Mr. Mike Silva, COMMUNICATIONS C.R. Transfer, will be speaking on materials Mr.�Silva, recovery recycling at the local Kiwanis Club Speaker meeting next month. City - Mr. Brock announced the City is planning to In -house implement a pilot in -house recycling program and Recycling with Board sanction, he will appoint Ms Reichle to Pilot be project manager. President Wahner, expressed Program support on behalf of the Board for both the City's pilot program and the appointment of Ms Reichle as Coordinator. ADJOURNMENT President Wahner declared the meeting adjourned at 8:40 p.m. . Pre si ent �J r 1 �J Secretary