Minutes - Board - 1992-03-12.P
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 12, 1992
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
March 12, 1992, at 7 :30 p.m., at the Civic
Center, 77 Fair Drive, Costa Mesa. The
meeting was called to order by President
Wahner, .followed by the Pledge of Allegiance
to the Flag led by Director Jim Ferryman,
followed by the Invocation by Director Nate
Reade.
Directors Present: James Wahner, Nate Reade,
James Ferryman, Dick
Sherrick.
Directors Absent:
Staff Present:
Guests:
President Wahner introduced the guest.
Harry Green was excused
due to illness.
William Morris, Manager
Roy June; Attorney
Susan'Temple, Finance
Director
Robin Hamers, Engineer
Florine Reichle,
Assistant Manager /Clerk
of the District .
Terence O'Shea
MINUTES OF FEBRUARY 13 AND FEBRUARY 27, 1992:
It was moved by Director Ferryman, seconded by Director Reade,
and carried, that the.minutes of February 13 and February 27,
1992, be approved as presented.
WRITTEN COMMUNICATIONS:
Mr. Morris presented a letter from the County Administrative
Office which outlined how the Governor's proposed budget would
affect the various districts in Orange County. He pointed out
that it is estimated that the 35 districts in Orange County
would be affected with a potential revenue shift of $78.3
million. .
Mr. Morris informed the Board that a letter had been received
from Robert C. Frazee, Member of the Assembly Seventy— fourth
District in response to the District's letter opposing the
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Costa Mesa Sanitary District Minutes- -March 12, 1992 - -Page 2
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Governor's suggested budget changes redirecting certain tax
revenues from special districts to school districts.
Mr. Morris also stated.that Ms. Reichle had received a call
from the Mesa Consolidated Water District stating that they
had received a copy of the letter from the County and would do
everything possible to support the District. Mr. Morris
suggested that a thank you letter be sent to the Water
District for their support.
The communication mailed to the trash haulers was briefly
discussed. The communication informed the trash haulers of
the District's intent to franchise a trash hauler or haulers
district -wide for the collection of all solid waste which
would include areas outside the City of Costa Mesa and in the
County of Orange. Included with the letter was a map of the
District's boundaries.
Mr. Morris reminded the Board that their annual statements of
economic interest would be due in the Clerk's office by the
1st of April 1992. He reminded the Board that any questions
concerning the disclosure statement should be referred to
Ms. Reichle.
MANAGER'S REPORT: •
OCCUPANCY REPORT:
Mr. Morris reported an addition of 1 unit to the occupancy
report from February 1992. Total occupancy count is 22,783.
Motion was made by Director Reade, seconded by Director
Ferryman, to accept the occupancy count report as presented.
Motion carried 4 -0.
REFUNDS:
Prior to action on the requested refunds, Director Sherrick
wanted to again place on record that he was opposed to denying
refunds to those individuals who were paying for a service not
being used.
Sharon Devey and Terence O'Shea
Mr. Morris presented a request for refund'of trash assessment
fees from Sharon Devey and Terence O'Shea, 1051 Cheyenne
Street, Costa Mesa, CA 92626, A.P. No. 419 - 071 -10 in the
amount of $935.54 for the years 1989 -90, 1990 -91 and 1991 -92.
Mr. O'Shea spoke briefly to the Board in. support of his
request. Attorney June explained to Mr. O'Shea the history of
the District's Assessment District and the subsequent policies
and procedures adopted by the Board to handle exemptions.
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Costa Mesa Sanitary District Minutes- -March 12, 1992--Page 3
Mr. Morris informed the Board that staff is recommending
approval of the refund request only for the.year, 1991 -92, in
accordance with District policy, and to be granted permanent
exemption status. After discussion, Director Reade made a
motion, seconded by Director Ferryman, that the 'refund of
$420.48 be approved. Motion carried 3 -11 Director Sherrick
voting no.
Sharon Devey and Terence O'Shea
Mr. Morris presented a +request for refund of trash assessment
fees from Sharon Devey and Terence O'Shea, 1051 Cheyenne
Street, Costa Mesa, CA 92626, A.P. No. 419- 071 -11 in the
amount of $2,011.24 for the years 1989 -90, 1990 -91 and
1991 -92. Mr. Morris informed the- Board that staff is
recommending approval of the refund request only for the year,
1991 -92, in accordance with District policy, and to be granted
permanent exemption status. Director Reade made a motion,
seconded by Director Ferryman, that the refund of $981.12 be
approved. Motion carried 3 -1, Director Sherrick voting no.
Rong Bor Wu
Mr. Morris presented a request 'for refund of trash assessment
fees from Rong Bor Wu, 9351 Grippo River, Fountain Valley, CA
92708, on A. P. Nos. 425 - 442 -07, 425 - 442 -08 and 425 - 442 -09.
Mr. Morris informed the Board that all three parcels were
billed differently.
A. P. No. 425 7442 -07 - Charged as 1 unit; should be
charged as 4. Refund request $140.16, less the sewer
underpayment of $120.88 = $19.28
A. P. No. 425 - 442 -08 - Charged as 14 units, should be
charged as 3 units. Trash Refund $1,962.94, Sewer Refund
$455.29, total refund $2,417.53.
A. P. No. 425 - 442 -09 - Charged as commercial, should be
charged as residential 7 units. Sewer underpayment of
$255.35. The net refund recommended after adjusting the
sewer underpayment would be $2,181.46.
Director. Reade made a motion, seconded by Director
Ferryman, to approve the recommended refund of $2, 181.46.
Motion carried 4 -0.
Jeffrey Teller.
Mr. Morris presented a request for refund of trash assessment
fees and sewer fees from Jeffrey Teller, 2121 Colina Vista
Court, Costa Mesa, CA 92627, on A. P. No. 426 - 162 -06 in the
amount of $515.06. Mr. Morris said the owner had been billed
for 3 units and should be billed for 1 unit; therefore staff
Costa Mesa Sanitary District Minutes - -March 12, 1992 - -Page 4
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is recommending a refund of $53.36 sewer and $257.53 for trash
assessment fees and a permanent exemption. Director Green
made a motion, seconded by Director Reade, to approve the
refund of $310.89. Motion carried 3 -1. Director Sherrick
voting no.
Jennifer Tryby
Mr. Morris presented a request for refund of trash assessment
fees from Jennifer Tryby, 833 Dover Drive, #1, Newport Beach,
CA 92663, on A. P. No. 419 - 181 -39 in the amount of $1,261.44
Mr. Morris informed the Board that the owner is using a
private service. Staff is recommending full refund for the
year 1991 -92 and will be placed on permanent exemption status.
Director Reade made a motion, seconded by Director Ferryman,
to approve the refund of $1,261.44 Motion carried 4 -0.
James Seals and Robert Kulpa
Mr. Morris presented a request for refund of trash assessment
fees from James Seals and Robert Kulpa, 2111 Redjacket Circle,
Huntington Beach, California 92646, on A. P. No. 141 - 143 -07 in
the amount of $420.48 Mr. Morris informed the Board that the
owner is using a private service. Staff is recommending full
refund for the year 1991 -92 and will be placed on permanent
exemption status. Director Reade made a motion, seconded by
Director Ferryman, to approve the refund of $420.48. Motion 40
carried 4 -0.
Eugene Boero
Mr. Morris presented a request for refund of sewer assessment
fees from Eugene Boero, 2925 College, #A -10, Costa Mesa, CA
92626, on A. P. No. 141 - 141 -57 in the amount of $14.71.
Mr. Morris that the owner was billed for 4 units and should
have been billed for 3 units. Staff is recommending refund of
the sewer assessment fees on one unit. Director Reade made a
motion, seconded by Director Ferryman, to approve the refund
of $14.71 Motion carried 4 -0.
SOURCE REDUCTION & RECYCLING ELEMENT:
DIVERSION REPORT FOR FEBRUARY 1992:
Mr. Morris presented the Diversion Reports for February 1992
as follows:
Total Tonnage: 2,299.94 % Recycled: 26.74%
It was suggested that staff request- the monthly Diversion
Report be signed and forwarded to the District on CR
Transfer's letterhead. 40
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Costa Mesa Sanitary District Minutes- -March 12, 1992 - -Page 5
• LETTER TO CITY OF COSTA MESA REGARDING SOLID WASTE DISPOSAL:
Attorney June's letter to the Costa Mesa City Council
regarding solid waste disposal was discussed. The letter was
written to advise the City of Costa Mesa of recent action by
the District and to obtain an expression of interest or non -
interest in the District's assumption of the City's AB -939
obligations. After discussion, it was moved by Director
Sherrick, seconded by Director Reade and carried 4 =0", that the
letter be approved and forwarded to the City of Costa Mesa.
TREASURER'S REPORT:
Ms. Temple presented the Financial Report for February 1992.
After discussion and review, Director Reade made a motion,
seconded by Director Ferryman and unanimously carried, that
the Financial Report for February 1992, be approved.
ENGINEER'S REPORT:
PROJECT STATUS REPORT
Mr. Hamers reported there were no additions to the project
status report.
Development Update: There was nothing new to report.
RECONSTRUCTING VARIOUS SEWER LINES:
Engineer Hamers presented the proposed rates for completing
the design phase of Project No. 1112100 -126, reconstruction of
various sewer lines, for an amount not to exceed $9,600. It
was moved by Director Sherrick, seconded by Director Reade,
that the proposal be approved as presented not to exceed
$9,600. Motion carried 4 -0.
ATTORNEY'S REPORT:
POTLATCH /SIMPSON CLAIM:
Attorney June reported to the Board that responsive pleadings
have been extended to June 2. The Judge recently decided that
Orange County Sanitation Districts should be invited into the
negotiations. Although` there have been settlement
conferences, no settlements have been reached.
PROPOSED ORDINANCE RELATING TO CONTRACT PROVISIONS CONCERNING
FELONIOUS CONDUCT:
Attorney June informed the Board that this proposed ordinance
is being presented for their consideration. Said ordinance
would release the District from a contract with. anyone
committing a felonious act which could be .reflected on the
District. The Board felt that prior to adopting the
ordinance, further study should be made.
Costa Mesa Sanitary District,Minutes- -March 12, 1992 - -Page 6
STATUS REPORT: Received and filed: •
NUMBER AND TYPES OF DISTRICT MEETINGS TO SCHEDULE FOR UPCOMING
1992 -93 BUDGET PREPARATIONS:
Director Sherrick suggested that action on changing the number
of meetings be deferred until the Manager's position is
decided.
RETROACTIVE STAFF COMPENSATION FOR MEETINGS ATTENDED:
Mr. Morris submitted to the Board the background and analysis
of the possible retroactive compensation for meetings
attended. Mr. Morris also alluded to the previously
distributed Resolution No. 86 -446 which established Board
compensation, monthly limitation of days and service. It was
the consensus of the Board that any member requested to attend
a meeting relating to District business, that member should be
reimbursed for attending that meeting or meetings. After
discussion, it was moved by Director Reade, seconded by
Director Sherrick, that Director Ferryman be paid for his
attendance at seven AB 939 Ad Hoc Committee meetings held
during 1991. Motion carried 3 -0; Director Ferryman abstained.
Director Reade and Director Sherrick will also be reimbursed
for attending the independent Special Districts meeting on •
January 29, 1992. In the future, if there are any other
meetings, it should be brought up at least a month ahead of
time. When it is known ahead of time, it will be read into
the minutes the dates of the meetings and who will be
attending.
HOUSEHOLD HAZARDOUS WASTE EDUCATION PROGRAM:
After discussion, it was moved by Director Ferryman, seconded
by Director Reade, that a portion, not to exceed $72,000, of
the funds allocated for Household Hazardous Waste one -day
collection program be allocated for preparation of an
educational package of Household Hazardous Waste information
to be mailed directly to residents of the District. Motion
carried 4 -0. Ms. Reichle informed the Board that should the
grant application be approved, a portion, or all of the costs
would be reimbursed to the District.
NEW BUSINESS:
WARRANT REPORT 92 -09:
Director Ferryman made a motion, seconded by Director Reade,
authorizing the President and Secretary to sign Report
No. 92 -09, instructing the City of Costa. Mesa to draw a
warrant from the Costa Mesa Sanitary District General Fund in
the amount of $341,888.39. Motion carried 4 -0. Director •
Green absent.
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Costa Mesa Sanitary District Minutes- -March 12, 1992 - -Page 7
ORAL COMMUNICATIONS:
Director Sherrick requested a list of yearly scheduled
meetings to assist in planning schedules. The Board concurred
this would be useful information. The last will be a part of
the monthly packet.
REQUEST TO CHANGE THE DATE OF APRIL 1992 REGULAR MEETING:
Director Reade made a motion, seconded by Director Ferryman
and carried 4 -0, to change the date of the April regular
meeting to April 13, 1992, at 7:30 p.m., in the First Floor
Conference Room. Staff was directed to make the appropriate
notifications.
After a brief recess at 9:00 p.m., a closed session was
requested to discuss personnel matters. Mr. Morris,
Ms. Reichle, Ms. Temple and Mr. Hamers were excused.
The meeting was reconvened to regular session.
Attorney June reported no action was taken during the closed
session.
STUDY SESSION SET FOR MARCH 18, 1992:
Director Reade made a motion, seconded by Director Ferryman,
to request staff to set up a Luncheon Study Session on
March 18, 1992, at 11:30 a.m., at the Countryside Inn.
Messrs. June and Hamers were requested to attend. . Motion
carried 4 -0.
ADJOURNMENT:
President Wahner adjourned the meeting at 10:15 p.m.
President Secretary