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Minutes - Board - 1992-10-08 (2)J • U • MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 8, 1992 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on October 8, 1992, 7:30 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: James Wahner, Nate Reade, James Ferryman, Dick Sherrick Directors Absent: Harry Green (excused) Staff Present: Roy June, Attorney Robin Hamers, Manager/ Engineer, Florine Reichle., Assistant Manager /Clerk of the District,'Donna Theriault, Accountant Director Wahner called the meeting to order at 7:30 p.m. Director Ferryman led the Pledge of Allegiance. Director Reade gave the Invocation . MINUTES OF SEPTEMBER 17, 1992: Hearing no additions or corrections to the minutes of September 17, 1992, the minutes were unanimously approved. WRITTEN COMMUNICATIONS: Mr. Hamers submitted a letter from George E. Madsen, former City Engineer and Public Works Director of the City of Costa Mesa. He is interested in applying for any future vacancies on the Costa Mesa Sanitary District Board. The letter was filed for future consideration. A letter to the Honorable Marian Bergeson from Robin B. Hamers, Manager /District Engineer on the subject of, LOCAL GOVERNMENT PROPERTY TAX SHIFT — SB 617. A communication dated September 28, 1992, to Director James Wahner from Mike Silva of CR Transfer submitting notice of increase effective November 1, 1992, to be based on the September CPI. A letter from David E. Niederhaus, Director of the General Services Department of the City of Newport Beach expressing dissatisfaction with the recycling efforts of Newport Beach commercial /industrial trash haulers. The City is seriously considering franchising trash collection services. Minutes of the Costa Mesa Sanitary District Regular Meeting held on October 8, 1992 -- Page 2 Mr. Hamers circulated a copy of a letter written by the Garden Grove Sanitary District to the Honorable Marian Bergeson, regarding the propositions and the history of monies to special districts. MANAGER'S REPORT: There has been no increase or decrease in solid waste collection as of October 1, 1992, therefore the total for October is 22,711. Motion was made by Director Reade, seconded by Director Ferryman to accept the occupancy count report as presented. Motion carried 4 -0. A second motion was made by Director Ferryman, seconded by Director Reade to direct staff to prepare a warrant report to Costa Mesa Disposal on November 1 for payment for October trash collection based on this occupancy report_ so long as contractor fulfills obligations of agreement. Said payment in the amount of $151,807.14 to be ratified on the November warrant list. Motion carried 3 -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. Kurt Oertel, 24976 Acacia Lane, Laguna Hills, CA 92653 Mr. Hamers presented a request from Mr. Kurt Oertel requesting a refund for both trash and sewer services at 416 Hamilton. There are 3 units on the property and for four years Mr. Oertel was charged for 4 units. The refund is for $50.99 for Sewer and $307.61 Trash, making a total of $358.60. Motion was made by Director Ferryman, seconded by Director Reade to approve the refund in the amount of $358.60. Motion carried 3 -1. Director Sherrick voting no. SOURCE REDUCTION /RECYCLING ELEMENT /CA INTEGRATED WASTE MANAGEMENT PLAN A report on the City Council Study Session regarding JPA for Commercial & Industrial Trash, held on September 14, 1992, was submitted by Mr. Hamers indicating that all Board members and Staff attended this meeting. WASTE DIVERSION REPORT — SEPTEMBER • • A Waste Diversion Report from CR Transfer has not been received. The Board unanimously agreed to instruct staff to withhold payment until report is received. A status report is requested from Mike Silva, or one of his representatives, to answer any questions regarding the financial stability of CR • Transfer. 1. Minutes of the Costa Mesa Sanitary District Regular Meeting held on October 8, 1992 -- Page 3 SAFETY COMMITTEE FORMATION — APPROVAL: Mr. Hamers requested approval of the formation of the Costa Mesa Sanitary District Safety Committee required by SDRMA Insurance Authority. Motion was made by., Director Sherrick, seconded by Director Ferryman, to approve the formation of the Safety Committee. Motion carried 4 -0,:' A second motion was made by Director Reade, seconded by Director Sherrick, to ratify the acceptance of the minutes of the Costa Mesa Sanitary District Safety Committee Meeting as presented. Motion carried 4 -0. TREASURER'S REPORT: Ms. Theriault presented the Financial Report for September 30, 1992. Director Reade moved to accept the Financial Report, seconded by Director Ferryman. Motion carried 4 -0. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers reported that there were no additions to the • project status report. DEVELOPMENT UPDATE: There was nothing new to report. REVIEW OF SEWER PLANS: Mr. Hamers stated he has signed plans as both a private engineer and as the District Engineer on the project at 280 E. 15th Street. Plans consisted mainly of showing the existing lateral location and verifying that all fees were paid. He asked for a determination of whether a conflict of interest exists. Director Sherrick made a motion, seconded by Director Reade, to let the records show that no conflict of interest exists. Motion carried 4 -0. PROJECT NO. 128 — MESA /BIRCH SEWER REALIGNMENT AGREEMENT WITH ORANGE COUNTY DEVELOPMENT AGENCY Mr. Hamers presented an agreement between the Orange County Development Agency and the Costa Mesa Sanitary District. This agreement is for the design of the Mesa /Birch sewer line as part of the Santa Ana Heights Redevelopment Project Area Comprehensive Infrastructure Improvement. Due to omissions in the agreement and further discussions related to the project a new agreement will be requested. Mr. Hamers asked to table • this item until a revised agreement is available. M Minutes of the Costa Mesa Sanitary District Regular Meeting held on October 8, 1992 -- Page 4 • ATTORNEY'S REPORT: RESOLUTION NO. 92 -526 - Annexation No. 243: Mr. June presented a resolution making application to the Local Agency Formation Commission for Annexation No. 243. This property is Pinecreek Village, 1300 Adams Avenue, Costa Mesa. Motion was made by Director Ferryman, seconded by Director Reade that Resolution No. 92 -526 - being "A RESOLUTION OF APPLICATION BY THE COSTA MESA SANITARY DISTRICT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, BEING ANNEXATION NO. 243, be adopted. Motion carried 4 -0. RESOLUTION NO. 92- 527 -Zero Tax Exchange on Annexation No. 243: Motion was made by Director Sherrick, seconded by Director Reade that Resolution No. 92 -527, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATIONS TO THE DISTRICT; ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS THEREFOR ", be adopted. Motion carried 4 -0. POTLATCH CLAIM REPORT: • Attorney June submitted a copy of a letter from SDRM to Keenan & Associates transmitting a check for the settlement of the Potlatch case. The check was settlement for four special district members of SDRM, Midway City Sanitary, Garden Grove Sanitary, Los Alamitos County Water and Costa Mesa Sanitary Districts. OLD BUSINESS: PENDING ITEMS STATUS REPORT: Press Releases - Effects of State Budget on District . This item was added to the Status Report of October 8, 1992. NEW BUSINESS: FOURTH ANNUAL TELEPHONE BOOK RECYCLING PROGRAM: Ms. Reichle informed the Board that approval has been received on the 8 drop off locations for the Recycling Program. There are only 2 minor changes this year; the Airway location will be moved further into the industrial park, and a pilot program will be initiated at the Kaiser Elementary School. Director Sherrick inquired why there wasn't a bin in the Mesa Verde area. Ms. Reichle will work towards having a bin in that area next year. 40 • 0 Minutes of the Costa Mesa Sanitary District Regular Meeting held on October 8, 1992 - -Page 5 CHRISTMAS TREE RECYCLING PROGRAM: Mr. Hamers added this item to the agenda to remind the Board of this yearly program. WARRANT REPORT: Mr. Hamers indicated that there was an error on the report. Director Reade was listed as attending an ISDOC Conference in San Diego instead of a CA Special Districts Conference and was not paid for the ISDOC Executive Board Meeting he attended. The meeting will be added to the November warrant list. Motion was made by Director Ferryman, seconded by Director Reade to authorize the President and Assistant Secretary to sign Warrant Report No. 93 -04, . instructing the Treasurer to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of 4419,322.31. Motion carried 3 -1 with Director Sherrick voting no on No. 104 and yes on the remainder of the warrant list. ORAL COMMUNICATIONS: Director Sherrick suggested that informational material distributed at the beginning of the meeting should be copied and mailed to the directors. Director Reade informed the Board that the Special District Quarterly Dinner Meeting is scheduled for October 29 at the Countryside Inn and hopes that Staff and Board will attend. Director Ferryman announced the Chamber of Commerce is trying to encourage all of its residents to shop in the City of Costa Mesa rather than elsewhere so that the tax base will benefit. ADJOURNMENT: Director Wahner adjourned the meeting at 8:21 p.m. PRESIDENT ASSISTANT SECRETARY