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Minutes - Board - 1991-04-11MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 40MLL TO ORDER: The Board of Directors of the Costa Mesa Sanitary District met in regular session on April 11, 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 Harry Green, and Invocation by Director.Nate Reade. Directors Present: James Wahner, Harry Green, Nate Reade; James Ferryman, Dick Sherrick Directors Absent: None A new article from the Orange County Business Journal stating County officials have recruited the trash haulers to check their loads -for hazardous waste material; a memorandum from the County Sanitation District regarding support for AB 854, with a letter of support attached for signature. Communication was also received from the .Finance Committee of the Waste Management Commission regarding a proposed increase in landfill gate fees. If the plan is followed it would be one of $5 /ton increase in July and in four more years would double today's cost. , At this point it is .a recommendation only by the Finance Committee. MANAGER'S REPORTS: REFUNDS: President Wahner welcomed the guests and invited them to speak since all were present on the same subject, to request refund of trash assessment fees. Mr. Duc Le felt he was being charged for a service he had not received. The exemption policy was explained which requires the property owner to file an exemption from trash assessment if private ® service is being used. Mr. Brock further explained that every avenue of notification has been explored to. let the public know about the exemption policy. Mr. Johnson said he was exempt until the past five Staff Present: Robert Brock, Manager Roy June,'Attorney Susan Temple, Treasurer Robin Hamers, Engineer Florine Reichle, Assistant Manager/ Clerk of the District Guests: Mr. and Mrs. Maurice S. Liken, 11 Linda Street, Newport Beach; Wayne and Joy Johnson, 10 Cedarlake, Irvine; Duc Le, 14 Butler, Irvine; Pamela K. Meisner, 350 Avocado, Unit E -2, Costa Mesa; Joan Morrison, 350 Avocado, Unit B -1, Costa Mesa. •tINUTES OF MARCH 14, 1991: Hearing no additions or corrections to the minutes of March 14, 1991, the minutes were unanimously approved. WRITTEN COMMUNICATIONS: A new article from the Orange County Business Journal stating County officials have recruited the trash haulers to check their loads -for hazardous waste material; a memorandum from the County Sanitation District regarding support for AB 854, with a letter of support attached for signature. Communication was also received from the .Finance Committee of the Waste Management Commission regarding a proposed increase in landfill gate fees. If the plan is followed it would be one of $5 /ton increase in July and in four more years would double today's cost. , At this point it is .a recommendation only by the Finance Committee. MANAGER'S REPORTS: REFUNDS: President Wahner welcomed the guests and invited them to speak since all were present on the same subject, to request refund of trash assessment fees. Mr. Duc Le felt he was being charged for a service he had not received. The exemption policy was explained which requires the property owner to file an exemption from trash assessment if private ® service is being used. Mr. Brock further explained that every avenue of notification has been explored to. let the public know about the exemption policy. Mr. Johnson said he was exempt until the past five MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 years. Although, he had paid for the past five years, he did not notify• the District office. Ms. Morrison is a new homeowner and realized she was paying both for private and curbside service but didn't know an exemption was possible until she read about it in the Community Report. All of those present were advised to file an exemption for next year and most had already done so. When asked by Mr. Johnson about legal recourse, Mr. June suggested contacting an attorney and referencing the Duff versus the Costa Mesa Sanitary District for an example of a case that was decided concerning trash collection refunds. Stanley Jeranko, 1857 Kinglet Court, Costa Mesa, CA 92626 Mr. Brock presented a request for refund of trash assessment fees from Mr. Jeranko on A.P. No. 141- 141 -65 in the amount of $272.18. Staff investigation revealed that an exemption had not been filed. Motion was made by Director Ferryman, seconded by Director Green, to deny the refund request. Motion carried 4 -1, Director Sherrick voting no. Director Sherrick asked to have the record show that he will be voting no on denial of requests of this kind since he feels the property owner should not be required to pay for services they did not receive. Thomas Caverly, 553 Temple Hills, Laguna Beach, CA 92651 Mr. Brock presented a request for refund of trash and sewer fees from Mr. Caverly on A.P. No. 141 - 134 -53 in the amount of $700.69. Staff investigation revealed the assessment history for the past five years was erratic and in 1989 -90, there were no assessments made on the parcel. Reviewing the parcel information over the five year period showed that Mr. Caverly had paid $260.59 less than what was owed. Motion was made by Director Reade, seconded by Director Ferryman, to • deny the request. Motion carried 4 -1, Director Sherrick voting no, for the same reason as stated earlier. Harold Baerg, 400 Clubhouse, Newport Beach, CA 92663 Mr. Brock presented a request for refund of trash assessment fees from Mr. Baerg on A.P. No. 422 - 142 -35 in the amount of $340.22. Staff investigation revealed no record of an exemption having been filed. Motion was.made by Director Green, seconded by Director Ferryman, to deny the request. Motion carried 5 -0. Director Sherrick recommended curbside service for this small complex. Sandor Mayuga, 6571 E1 Roble, Long Beach, CA 90815 Mr. Brock presented a request for refund of trash assessment fees from Mr. Mayuga on A.P. No. 141- 664 -28 in the amount of $837.39. Staff investigation revealed no record of exemption having been filed. Motion was made by Director Green, seconded by Director Ferryman, to deny the request. Motion carried 4 -1, Director Sherrick voting no for the reason previously stated. Duc Le, 14 Butler, Irvine, CA 92715 Mr. Brock presented Mr. Lee's request dating back to 1984 -85 in the amount of $1,422.65. Staff investigation revealed exemption had not been filed on A.P. No. 141- 664 -12. Motion was made by Director Green, seconded by Director Ferryman, to deny the request. Motion carried 4 -1, Director Sherrick voting no, for the reason previously stated. 2 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 Wayne Johnson, 10 Cedarlake, Irvine, CA 92714 Mr. Brock presented Mr. Johnson's request for refund in the amount of $1,180.21 on A.P. No. 419- 091 -07. Staff investigation revealed exemption had not been filed since 1986 -87. It appears someone had ,filed for an exemption before that date as there was a record of an exemption on the parcel in 1986 -87 but not in the four years following. Motion was made by Director Ferryman, seconded by Director Green, to deny the request. Motion carried 4 -1, Director Sherrick voting no, for the reason previously stated. Paul Mazzarella, 2120 Colina Vista, Costa Mesa, CA 92627 Mr. Brock presented a request from Mr. Mazzarella for refund.of trash and sewer assessment fees for 1989 -90 and 1990 -91 on A.P. 'No. 426- 162 -07. Records show the parcel was assessed as three units instead of one but exemption had not been filed. Staff recommends permanent exemption and refund of fees incorrectly charged in the amount of $310.89. Motion was made by Director Green, seconded by Director Ferryman, to approve the refund of $310.89. Motion carried 5 -0. Cheryl Lynn Carlson, 2116 Colina Vista, Costa Mesa, CA 92627 Mr. Brock presented a ,request from Ms. Carlson for refund of trash assessment fees on A.P. No. 426 - 162 -08 in the amount of $162.51. Records show the parcel was assessed as three units instead of one but exemption had not been filed. Staff recommends permanent exemption and a refund of fees incorrectly charged. Motion was made by Director • Ferryman, seconded by Director Reade, to approve the refund'of $162.51. Motion carried 5 -0. Wayne Wells, 2386 Columbia, Costa Mesa, CA 92626 Mr. Brock presented a request from Mr. Wells for refund of trash and sewer assessment fees on A.P. No'. 1.41- 141 -58 in the amount of $670.50. Records show the parcel was assessed as four .units instead of three and ,exemption had not been filed. Staff recommended refund of $155.43, the amount charged in error. Motion was made by Director Reade, seconded by Director Green, to approve the refund in the amount of $155.43. Motion carried 4 -1, Director Sherrick voting no for reasons previously stated. Maurice Liken, 11 Linda Isle, Newport Beach, CA 92660 Mr. Brock presented a request from Mr. Liken for refund of trash assessment fees in the amount of $1,156.76 on A.P. No.. 419 - 071 -12. Records show no exemption has been filed on the parcel. Motion was made by Director Green,. seconded by Director Ferryman, to deny the request. Motion carried 4 -1, Director Sherrick voting no for the reason previously stated. Joan Morrison, 350 Avocado, B -1, Costa Mesa, CA 92627 Mr. Brock presented Ms. Morrison's' request for refund of trash assessment fees on A.P. No. 939 - 070 -03 for 1986 -87, 1987 -88, 1988 -8.9, 1989 -90 and 1990 -91, in the amount of $472.03. Records revealed no exemption had been filed in the past five years. Motion was made by Director Green, seconded by Director Ferryman, to deny the request for • refund. Motion carried 4 -1, Director Sherrick voting no, for reason previously stated. 3 W MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 Michael Meisner, 350 Avocado, E -2, Costa Mesa CA 92627 0 Mr. Brock presented a request for refund of trash assessment fees from Mr. Meisner on parcel 939 - 070 -11 in the amount of $257.53. Records revealed no exemption on the parcel. Motion was made by Director Green, seconded by Director Ferryman to deny the refund. Motion carried 4 -1, Director Sherrick voting no, for reason previously stated. Duane Wipperman, 39601 Hiqhview, Oakhurst, CA 93644 Mr. Brock presented a request for refund of fixture fees in the amount of $67.50, as the project was cancelled. Motion was made by Director Green, seconded by Director Ferryman, to approve the refund less $15 administrative cost, in the amount of $52.50. Motion carried 5 -0. Occupancy Report No change in occupancy as of April 1, 1991. The total remains 19,792 units. Motion was made by Director Reade, seconded by Director Green, to approve the occupancy report as presented. Motion carried 5 -0. SOURCE REDUCTION AND RECYCLING ELEMENT /CA INTEGRATED WASTE MANAGEMENT PLAN: An informational item was presented, a copy of a letter of intent to consider exclusive solid waste franchise, sent by the City to 19 trash haulers. Director Sherrick stated that he would like to have more discussion on the franchise. Mr. June stated that he felt that one of the reasons the City is attempting to franchise the trash haulers is the Senate Bill 939 which is mandatory on the City that it be in control of recycling. There is a committee that meets monthly with the Cityt Council to come up with an agreement. The District is waiting for a recommendation from the committee to give them some options on which way to go. TREASURER'S REPORT: Ms. Temple had nothing to report other than the bill from the County for the tax collection portion of the property tax, which was about $1600. That is reflected on the warrant register. Director Ferryman had a question on the operating reserve. Director Sherrick asked how much cash was on deposit. Ms. Temple said cash on deposit is $2.2 million. ENGINEER'S REPORTS: Project Status Report Mr. Hamers reported there were no additions to the Project Status Report and asked.for questions. Director Sherrick asked for information on the Santa Ana Heights study and the location of the South Coast Plaza pumping station. Mr. Hamers supplied the information. ATTORNEY'S REPORT: Annexation No. 238 - Making Application - Resolution 91 -502 Mr. June presented a resolution making application to the Local Agency Formation Commission for Annexation No. 238 to the Costa Mesa Sanitary District. He informed the Board that annexation fees had been received 4o along with the letter of request. 4 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 Director Green made a motion, seconded by Director Ferryman, that Resolution No. 91- 502, 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.. 238, be adopted. Motion carried 5 -0. Annexation No. 242 - Making Application - Resolution 91 -503 Mr. June presented a resolution making application to the Local Agency Formation Commission for Annexation No. 242 to the Costa Mesa Sanitary District. He informed the Board that annexation fees had been received along with the letter of request. Director Reade made a motion, seconded -by Director Green, that Resolution No. 91 -503, 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. 242,,be adopted. Motion carried 5 -0. Resolution No. 91 -504 --Zero Tax Exchange on Annexation 238 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 Reade made a motion, seconded by Director Ferryman, that Resolution No. 91 -504, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING 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 -505 - Zero Tax Exchange on.Annexation 242 Director Ferryman made a motion, seconded by Director Reade, that Resolution No. 91 -505, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATION TO THE DISTRICT; ESTABLISHING CONDITIONS OF WAIVER AND STATING REASONS, THEREFOR, be adopted. Motion carried 5 -0. Mr. June spoke on the Fish and,Game claim. The Orange County Sanitation Districts have offered to provide a defense for all entities that members of the Sanitation Districts. The claim was forwarded to Special District Risk Management, the Districts' insurance carrier, who assigned another firm of attorneys for its defense. The insurance attorneys want to stay with the case. Tom Woodruff will work closely with them. 5 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 OLD BUSINESS: • Trash Assessment Refund and Exemption Policy Mr. June stated that in anticipation that the Board may want us to provide an amendment to that policy that would make exemptions permanent, an exemption until revoked. Staff has not been officially directed to do this but in anticipation that we will be directed to do so tonight, a first draft has been made. Mr. Wahner instructed staff to pursue it and report to the Board for discussion at a study session. 1844 Jamaica Road Staff requests the City inform the property owner about installing a prevention device since this falls under the jurisdiction of the Building Division. Mr. Hamers said he would continue to monitor this and report at the May meeting. Freedom Homes Sewer Laterals Mr. Hamers reported staff is looking at several options and will be coming back with a policy. NEW BUSINESS: Chamber of Commerce - Membership Renewal • Mr. Brock presented the.annual renewal for the Chamber of Commerce membership, which staff is recommending approval of in the amount of $300. Director Sherrick questioned the benefits of membership in the Chamber of Commerce. Director Wahner said that the Chamber of Commerce Utility Committee is comprised of all the utility agencies in the City of Costa Mesa and Ms. Reichle stated that the Chamber also has an environmental committee of which she is a member, and that last year members worked extensively on the Christmas tree recycling program, even Saturdays, and were instrumental to the success of the program. Motion was made by Director Green, seconded by Director Ferryman, to approve membership renewal. Motion carried 5 -0. Annual Special Trash Pick -Up Mr. Brock stated that as a result of the budget meetings the City has been conducting, the Manager's office has been evaluating the constraints that the City must live within for the next few years. The City wished to explore the District's willingness to participate and jointly fund the annual large item pick -up which has been held since 1982. Staff, after looking at the request, finds there is a definite benefit to the District in the program and they wouldn't want to see the program fall by the wayside. Motion was made by Director Ferryman, seconded by Director Reade, to jointly fund the large item pick -up beginning 1991 -92, at an approximate cost of $18,000. Motion carried 5 -0. is AS • MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 11, 1991 - 9 ARRANT REPORT NO. 91 -10: Director Ferryman made a motion, seconded by Director Reade, authorizing the President and Secretary to sign Report No. 91 -10, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $329,589.54. Motion carried 5 -0. ORAL COMMUNICATIONS-: Director Reade stated that he did some soul searching on the refunds and that it was visible to him that the District was giving the people the benefit of the doubt, and he believes that public relations is working much better with the City newsletter which informs the public. He also questioned staff about the toxic waste collection program that he was concerned with. Staff is continuing to gather cost information on this project. Director Sherrick mentioned some of the_ items pending. He also feels there should be more done to establish a procedure for the entire operation, of billing_ and accounting for the monies that are received from property owners and from the District back to the property owners if they have been incorrectly charged. He wanted to know if anyone was assigned to this. Ms. Temple said that at -the next study session staff will have some recommendations that would address this. This item is currently being studied. rMr. Brock stated that staff is aware that there are some items which were not addressed at the meeting and apologizes for not being able to -get back on all of them. Staff is well aware of those pending items and will continue to study them and provide information. The wording that is on the tax bill presently is in staff's opinion the best wording that has been on there in,the last 10 years.. Director Sherrick asked to have this item on the May agenda for further discussion. ADJOURNMENT: • President Wahner adjourned the meeting at 9:12 p.m. President Secretary 7