Minutes - Board - 1991-03-14MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
• CALL TO ORDER: The
met
the
was
Ple,
and
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Board of Directors of the Costa Mesa Sanitary District;
in regular session on March 14, 1991 at 7:30 p.m. at
Civic Center, 77 Fair.Drive, Costa.Mesa. The meeting
called to order by President.Wahner, followed by the
age of Allegiance to the Flag led by Director Green,
Invocation by Director Reade.
Directors Present:
Directors Absent:
Staff Present:
Guests:
MINUTES OF FEBRUARY 14, 1991:
James Wahner, James Ferryman, Harry
Green, Dick Sherrick, Nate Reade.
None
Robert Brock, Manager
Roy June, Attorney
Donna Theriault, Accountant
Robin Hamers, Engineer
Florine Reichle, Assistant Manager/
Clerk of the District
Mr. Bob Hanson, former CMSD Director;
Wayne and Joy Johnson, Irvine; and Duc
Lee, Irvine.
Motion was made by Director Green, seconded by Director Ferryman to
approve the minutes of the regular meeting of February 14, 1991
as distributed and posted. Motion carried 5 -0.
WRITTEN COMMUNICATIONS:
Mr. Brock presented an informational brochure from CA Special
Districts Association on the Governmental Affairs Conference to be
held in Sacramento on April 22 -23; a copy of a newspaper article about
the City of Newport Beach's Hazardous Waste Program; a thank you note
from Florine Reichle.for the resolution of commendation.
OCCUPANCY REPORT:
Mr. Brock read the
decrease in the trash
remaining at 19,792
seconded by Director
Motion carried, 5 -0.
REFUNDS:
Occupancy Report showing neither an increase nor
collection count as of March 1, 1991, the count
units.. Motion was made by Director Green,
Reade, to approve the report as presented..
Mr. Brock noted changes to the agenda format which divides the refunds
into two categories: those where staff recommends denial; and those
where staff recommends approval.
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
Mr. Duc Lee, 14 Butler, Irvine, CA
He presented a request for trash assessment refund in the amount of
$1,422.65 from Mr. Duc Lee, 14 Butler, Irvine, on A.P. 141 - 664 -12.
Mr. Lee has owned the property since 1984 but did not know about the
exemption policy until he received a notice with his business license
renewal notification. In the discussion following, Mr. Reade felt the
refund requests should be frozen until a study can be made, Director
Sherrick agreed. Director Green said he would uphold the existing
policy. Director Ferryman felt there were philosophical differences
that should be discussed. Director Wahner pointed out that the reason
there are so many refund requests is proof that our efforts to inform
the public of the exemption policy are successful.
REFUND REQUESTS HELD UNTIL APRIL 11, 1991 MEETING:
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Director Reade made a motion, seconded by Director Sherrick to post-
pone hearing the nine refund requests where staff had recommended
denial, until a study session is held and the existing policy studied
for possible modifications that will satisfy the Board and staff.
Motion carried 4 -1, Director Green voting no.
REFUND REQUESTS - STAFF RECOMMENDING APPROVAL:
Harbor Trinity Church
Mr. Brock presented a request for refund of trash assessment fees A
the past two years from Harbor Trinity Church, 1230 Baker Street, A.P.
141 - 154 -14. Staff investigation revealed the parcel was coded as a
single family residence instead of commercial, therefore, the trash
fee should be refunded in total and the sewer fees increased according
to square footage. The total amount of the refund should be $167.16.
Director Ferryman made a motion, seconded by Director Reade to approve
the refund in the amount of $167.16 Motion carried 5 -0.
Robert Browne
Mr. Brock presented a request from Robert Browne, 2210 Canyon Drive,
#C -2, for refund of trash and sewer fees on A.P. 422 - 078 -07. The
parcel was coded as four units instead of one and the parcel was given
permanent exemption from trash assessment in 1990, therefore, only
sewer fees should have been assessed. Director Green made a motion,
seconded by Director Ferryman, to approve the refund of $222.57.
Motion carried 5 -0.
Bridget Marquart
Mr. Brock presented a request from Bridget Marquart for refund of
trash and sewer assessment fees on A:P. 439 - 241 -30. This parcel at
20331 Riverside Drive, Santa Ana Heights is a single family home which
is being used as a dog kennel and should be coded as commercial. B'
service is required. Staff is recommending refund of trash assessm
fees and an increase in sewer fees. Director Ferryman made a motion,
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
® Refunds (continued)
seconded by Director Reade, to approve the refund in the amount of
$740.90. Motion carried 5 -0.
Ian Linton
Mr. Brock presented a request for refund of trash and sewer assessment
fees on A.P. 439- 161 -18, 19, 20. These parcel are vacant lots and
have been changed to one parcel,439- 161 -63. It appears the property
owner was misinformed about procedure for exempting vacant lots,
therefore, a refund is recommended. Director Green, seconded by
Director Ferryman, to approve the refund in the amount of $1,522.30.
Motion carried 5 -0.
SOURCE REDUCTION /RECYCLING ELEMENT /CA INTEGRATED WASTE MANAGEMENT PLAN
Mr. Brock reported on the March meeting of the Source Reduction and
Recycling Element (SRRE) Advisory Committee. A preliminary draft of
the Household Hazardous Waste Element of the Integrated- Waste
Management Plan was distributed.in the Agenda package and Mr. Brock
asked for comments from Board members. He noted the document will go
to the City Council for approval on April 15.
® FINANCIAL REPORTS:
Ms Theriault presented the Financial Report for February, 1991. The
report was received and filed.
Medicare Contribution for Directors and Staff
Ms Theriault reported the IRS recently issued a ruling which would
require the District to make Medicare contributions for all directors
and staff who took office or were hired after April 1, 1986. The
employer contribution is 1.45% of total earnings and is matched by a
1.45% employee contribution. Staff recommends the District pay the
employee's contribution as well as the District's portion for the
three directors and three staff members affected. This is consistent
with the Medicare contribution policy established by the City of Costa
Mesa for its management and executive employees hired after April 1,
1986. The total amount would be approximately $243.60 per fiscal year.
Motion was made by Director Sherrick, seconded by Director Reade, to
authorize District payment of both employer and employee Medicare
contributions for all District directors and staff elected or
appointed after April 1, 1986, with implementation effective April 1,
1991. Motion carried 4 -1, Director Green voting no
Property Tax Administration Fee
Ms Theriault reported that on February 26, 1991, the Orange County
Board of Supervisors approved the property tax administration charge
to implement SB 2557. The County set this charge for Fiscal Year
1990 -91 equal to 1.4% of.the total Fiscal Year 1989 -90 secured and
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
Property Tax Administration Fee (continued) is
unsecured public utility tax charges, amounting to $1,677..She also
noted that some special districts are organizing and may file a letter
of protest to make special districts and redevelopment agencies exempt
from this charge. The Board indicated an interest in participating in
this letter of protest when the time is appropriate.
Potential Financial Impact.- Exemption Policy Modification
The Board directed staff to hold this information report over to the
Study Session for discussion, since it directly affects the policy to
be discussed.
ENGINEER'S REPORTS
Project Status Report
Mr. Hamers reported there were no additions to the monthly Project
Status Report. There was nothing to report under development update
nor review of sewer plans.
Project No. 1112100 -102 - Delhi Channel Phase II
Mr. Hamers presented an agreement between the County and District for
the County to install a new 15" sewer during their channel improvement
project which will replace the District's 8" line. The agreement i0'
for the County's contractor to construct the sewer and the District to
reimburse for actual costs incurred. The District had entered into a
similar contract for Phase I of the project. Director Ferryman made a
motion, seconded by Director Green to authorize signatures to the
agreement and expenditure of $195,000 for deposit on-the project.
Motion carried 5 -0.
Project No. 1112100 -113 - 21st Street Sewer Additional Appropriation
The construction of the District's new pumping station at 21st Street
and Newport Boulevard by CALTRANS is about to begin and the District
has been requested to field stake the location of the new structure.
and lines. An additional appropriation and budget adjustment is
requested to cover the work. Mr. Hamers proposes to complete the
additional work at the following hourly rates: Surveying, two -man
crew, $140 /hour; surveying, three -man crew, 8 hours @ $160 /hour, total
cost not to exceed $2,400. It was noted that CALTRANS will reimburse
the District for these costs as well as the remaining design and
inspection costs. Director Reade made a motion, seconded by Director
Sherrick, to approve the budget adjustment and additional
appropriation, not to exceed $2,400. Motion carried 5 -0.
Project No. 1112100 -117 - Sewer Lines in Canyon Park - Approve Sewer
Construction Funds •
Mr. Hamers reported District staff has requested formal approval by
the Costa Mesa City Council of the installment of two underground
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
gravity sewer lines through Canyon Park as a change order to the
existing park improvement contract, with full reimbursement to be made
to the City by the District. This approval is to include in concept,
an easement to the District;- for.maintenance purposes., Director Green
made a motion, seconded by Director Reade, to authorize funds for the
construction of the sewer lines at a cost not to exceed $325,000.
Motion carried, 5 -0.
The Board Members commended Mr. Hamers on his diligent efforts in
expediting this project to coincide with the City's improvement
project._ They also expressed their thanks to Mr. Bill Morris for.his
assistance on the project.
Project No.. 1112100 -118 - ,South Coast Plaza Pump Station Remodel -
Award Contract
Mr. Hamers reported bids were opened c
South Coast Plaza Pumping Stations.
Allied, Incorporated, $226,762; and
$161,078. The -- low bidder meets all
bid documents and award of contract
made 'a motion, seconded by Directc
Schuler Engineering Corporation in
carried 5 -0.
n March 4 for the remodel of the
Two bids were received: Atlas
Schuler Engineering Corporation,
requirements as specified in the
is recommended. Director Reade
r Green to award the contract to
the amount of $161,078. Motion
Proposal to Complete Construction Phase
Mr. _flamers presented a proposal to complete the construction phase of
the project at the following rates:
Engineering - 60 hours @ $55 /hour
Drafting - 4 hours @ $44 /hour
Inspection - 480 hours @ $39 /hour
Surveying 8 hours @ $160 /hour
The total is not to exceed $23,476, and.billing will be only for
actual time worked.. Director Green made a motion, seconded by
Director Reade, to accept the proposal as presented. Motion carried
5 -0.
Project No. 1112100 -121 - Televising of Lines Phase III
Mr. Hamers presented a proposal to begin design of the project,
Televising of Lines Phase III, which. will encompass. the televising
of approximately 250,000 to 350,000 feet of sewer lines and will
direct the focus of the District's capital improvement projects prior
to emergency situations. He proposed completing the design portion of
the project,at the following hourly rates, total not to exceed $8,500:
Engineering - $ 55 /hour
Drafting - $ 44 /hour
Survey Crew - $160 /hour - 3 men
Survey Crew - $140 /hour - 2 men
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
Director Green made a motion, seconded by Director Ferryman, to acce
and approve the proposal to begin design of the project in the amoun
of $8,500. Motion carried 5 -0.
Measure "C" Street Maintenance - Reimburse City
'Mr. Hamers presented an invoice from the City of
amount of $2,074 for work performed on District
Measure "C" Street Maintenance Project on Adams
to the Santa Ana River. Director Green made
Director Ferryman, to approve payment of $2,074
Motion carried 5 -0.
Costa Mesa in the
facilities during the
Avenue from Placentia
a motion, seconded by
to reimburse the City.
Quit Claim Request 1580, 1590 Scenic & 3570 Hyland - Rescind
Mr. Hamers presented a letter from Mr. Toren Segerstrom, requesting to
withdraw a former request to have the District quitclaim the public
sewer located on 1580 and 1590 Scenic and 3570 Hyland Avenue. Plans
to construct a building over the existing sewer at 3570 Hyland have
been cancelled and the parcels will remain separate, therefore, the
District will retain ownership of the easement. Director Green made a
motion, seconded by Director Reade, to approve the request to withdraw
the former request to quitclaim. Motion carried 5 -0.
New Product Information
Mr. Hamers reported he had been contacted by two local businessmen wte
are representatives of a new degreasing product that is being manu-
factured in Salt Lake City. They would like to test the product in
District facilities, at no cost to the District. The product is in
the early stages of development and when completed, installation will
be discussed. Mr. June recommended proof of liability insurance and
workers compensation coverage be obtained before installation is
approved.
Freedom Homes - Common Sewer Laterals - Additional Information
Mr. Hamers reported that in the early 1950's when public sewer lines
were constructed in the streets of the Freedom Homes tract, one sewer
lateral was constructed for every two homes. Current policy does not
allow this practice. As the area grows older the possibility exists
of major remodeling or construction of completely new homes. Presently
when a property owner adds a second unit or undertakes major recon-
struction, an informal policy requires construction of a separate
sewer lateral. This has occurred in only a few instances. At the
February meeting, staff was directed to prepare a report on whether a
written policy statement should be prepared and to determine at which
level the owner should be required to construct a new lateral. Mr.
Hamers presented several ideas and questions which should be addressed
and asked for input from the Board members on the alternatives pre-
sented, as staff continues the study. •
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' MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
• ATTORNEY'S REPORTS:
Annexation No. 2.39 - Making Application - Resolution 91 -498
Mr. June presented a resolution making application to the Local.
.Agency Formation Commission for Annexation No. 239 to the Costa Mesa
Sanitary District. He informed the Board that annexation fees had
been received along with the letter of request.
Director Ferryman made a motion, . seconded by Director Reade, that
Resolution No. 91 -498, being A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, MAKING
APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF_ ORANGE
COUNTY, CALIFORNIA, FOR THE ANNEXATION OF TERRITORY TO THE DISTRICT,
BEING.ENGINEER'S NO. 239, be adopted. Motion carried 5 -0.
Annexation No. 240 - Making Application= Resolution 91 -499
Mr. June presented a resolution making application to the Local Agency
Formation Commission for Annexation No. 240 to the Costa Mesa Sanitary
District. He informed the Board that annexation fees had been
received along with the letter of request.
Director Green made a motion, seconded, by Director Reade, that
Resolution No. 91 -499, being A RESOLUTION OF THE BOARD OF DIRECTORS OF
® THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, MAKING
APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY,
CALIFORNIA, FOR THE ANNEXATION OF TERRITORY TO THE DISTRICT, BEING
ENGINEER'S NO. 240, be adopted.- Motion carried 5 -0.
Resolution No. 91 -500 - Zero Tax Exchange on Annexation 239
Mr. June informed the Board that a resolution consenting to zero tax
exchange is a requirement when making application for annexation to
the Local Agency Formation Commission.
Director Green made a motion, seconded by Director Ferryman, that
Resolution No. 91 -500, being A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CON-
SENTING- TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATION TO THE DISTRICT;
ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS, THEREFOR, be
adopted. Motion carried 5 -0.
Resolution No. 91 -501 - Zero Tax Exchange on Annexation 240
Director Reade made a motion, seconded by Director- Green, that
Resolution No. 91 -501, being A RESOLUTION OF THE BOARD OF DIRECTORS OF
'THE. COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CON -
SENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATION TO THE DISTRICT;
ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS, THEREFOR; be
• adopted'. Motion carried 5 -0.
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD MARCH 14, 1991
OLD BUSINESS:
Sewer Occurrence - 1844 Jamaica
Mr. Hamers reported on the follow up investigation of the sewer
occurrence which occurred at 1844 Jamaica and was settled by Special
Districts Risk Management and accepted at the February meeting. At
that time, staff was directed to investigate the site to be certain
that every precaution has been taken to prevent a reoccurrence.
Recommendation was made to direct staff to write a letter to the City
of Costa Mesa asking them to notify the property owner that a sewer
cleanout which acts as a back flow device must be installed, since
this would be under City jurisdiction.
Change of Regular Meeting Time - Additional Information
Mr Brock noted that the change of meeting time would require only
about ten different notifications, less than previously noted. Staff
will continue to provide information.
WARRANT REPORT NO. 91 -09
Director Green made a motion, seconded by Director Reade, authorizing
the President and Secretary to sign Report No. 91 -09, instructing the
City of Costa Mesa to draw a warrant from the Costa Mesa Sanitar
District General Fund in the amount of $523,681.90. Motion carriAs
5 -0.
ORAL COMMUNICATIONS
The study session date was set for March 18, 1991 at 3:30 p.m. in the
Fifth Floor Conference Room.
ADJOURNMENT
President Wahner adjourned the meeting
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD FEBRUARY 14, 1991
CALL TO ORDER: The Board of Directors of the Costa Mesa Sanitary District,
met in regular session on February 14, 1991 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 Ferryman,
and Invocation by Director Reade.
Directors Present: James Wahner, James Ferryman, Harry
Green, Dick Sherrick, Nate Reade.
Directors Absent: None
Staff Present: Robert Brock, Manager
Roy June, Attorney
Susan Temple, Treasurer
Robin Hamers, Engineer
Florine Reichle, Assistant Manager /
Clerk of the District
Guests: Mary Lynne Brem, 2222 #B Canyon Drive,
Costa Mesa; Mohammad Vaziri, 21531
Archer Circle, Huntington Beach; N.D.
Vaziri, M.D., 66 Balboa Coves, Newport
Beach; Gerold and Elfi Holzer, 2854
Chios Road, Costa Mesa.
NUTES OF DECEMBER 13, 1990 AND JANUARY 10, 1991:
Motion was made by Director Green, seconded by Director Ferryman to
approve the minutes of the regular meetings of December 13, 1990 and
January 10, 1991 as distributed and posted. Motion carried 5 -0.
APPEAL OF DENIAL OF TRASH ASSESSMENT FEES - MOHAMMAD VAZIRI:
Mr. Brock presented a request from Mohammad Vaziri, 21531 Archer,
Huntington Beach, to appeal the decision of January 10, 1991, to deny
the request for refund of $3,973,42 on A.P. 141 - 665 -11. Mr. Vaziri
had filed for an exemption from trash assessment for 1990 -91 but paid
for "trash services from 1977 to 1990.without filing for exemption.
Motion was made by Director Ferryman, seconded by Director Green to
uphold the decision to deny the refund. Motion carried 3 -2, Directors
Sherrick and Reade voting no.
During the discussion of Mr. Vaziri's request; a suggestion was made
to conduct a'study to determine what the District's exposure would be
if all refunds requested by those who qualified for certified or
permanent exemption over the past five years were approved. Ms Temple
reported that her staff looked at the records for the past two years
and based on the refund requests made, determined the potential cost
would be approximately. $25,000 /year. Directors Sherrick and Reade
felt that all decisions on refunds of this type should be held while a
further study is made to determine the total impact to the District;
and for that reason, voted no.
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD FEBRUARY 14, 1991
REFUNDS:
Ms. Mary Brem, 2222 Canyon, No. B, Costa Mesa, requested a refund of
trash and sewer fees in the amount of $1,766.17. She was incorrectly
billed for nine units instead of one; however, she had never filed for
an exemption, from trash assessment. Therefore, staff recommended a
partial refund of $1,630.08_for the amount charged in error. Motion
was made by Director Sherrick, seconded by Director Ferryman, to
approve the refund of $1,630.08. Motion carried, 5 -0.
Mr. Gerold Holzer, 2854 Chios Road, Costa Mesa, requested a refund of
trash assessment fees dating back to 1983 -84. in the amount of
$3,157.40 on A.P. Nos. 419 - 181 -26 and -27. The property at 2085 Thurin
is on two parcels and over this period has been assessed by the County
inconsistently, showing unit amounts from 0 to 11. However, records
showed that request for refund has never been filed even though
private service is provided. Motion was made by Director Ferryman,
seconded by Director Green, to deny the refund of $3,157.40. Motion
carried, 3 -2, with Directors Sherrick and Reade voting no. Directors
Sherrick and Reade both felt a study should be made before taking
action on this request.
Mr. Michael Steiner, 1560 Superior, #A -2, each, CA 92649, requested a
refund of trash and assessment fees on A.P. Nos. 422 - 041 -37 and
931 -27 -430 through 448, in the amount of $3,198.11. He also requested
permanent exemption from assessment at 2191 Canyon. Mr. Steiner had
previously filed for and been exempted but when changing his mailing
address, did not notify the District and his exemption forms were
returned. Staff investigated the complex at 2191 Canyon and did not
recommend permanent exemption as curbside service could be provided at
some time. Motion was made by Director Ferryman, seconded by Director
Green, to deny the request for refund. Motion carried 5 -0.
Mr. William Williams, 1817 Peninsula Place, Costa Mesa
requested a refund of trash assessment fees in the amount of $116.38
on A.P. 424 - 511 -45. Because the new tract was completed and occupied
in the middle of the year, occupants were billed separately for trash
services and then also picked up on the assessment roll. Recom-
mendation is to refund $116.38, the amount that was billed separately.
Motion was made by Director Ferryman, seconded by Director Reade, to
refund $116.38. Motion carried 5 -0.
SOURCE REDUCTION /RECYCLING ELEMENT /CA INTEGRATED WASTE MANAGEMENT PLAN
Mr. Brock reported on the February meeting of the Source Reduction and
Recycling Element (SRRE) Advisory Committee. The Committee met on
February 4 and will meet again on February 25 to go over the matrices
that will be established to provide appropriate documentation to
complete the SRRE according to schedule. The committee is hopeful the
deadline date will be moved to January 1, 1992 but is moving forward
toward July 1, 1991 in case the extension is not granted.
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