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Minutes - Board - 1992-01-09 (2)MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 9, 1992 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 9, 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 Dick Sherrick, followed by the Invocation by Director Nate Reade. Directors Present: James . Wahner, Harry Green, Nate Reade, James. Ferryman, Dick Sherrick' Directors Absent: None Staff Present: William Morris, Manager Roy June, Attorney Susan Temple, Finance Director. Robin Hamers, Engineer • Florine Reichle, Assistant Manager /Clerk of the District Guests: Barry Newton of Creative Management Solutions Horace and Gloria Silva Price Shapiro President Wahner introduced guests; Barry Newton, Horace and Gloria Silva, and Price Shapiro. MINUTES OF DECEMBER 12, 1991: It was moved by Director Ferryman, seconded by „Director Reade, and carried, that the minutes of December 12, 1991, be approved as presented. WRITTEN COMMUNICATIONS: 1. Mr. Morris circulated a letter from Costa Mesa Disposal to the Sanitary District Board thanking the Board for their thoughtfulness during the Christmas season and extending their best wishes to the Board. • Costa Mesa Sanitary District Minutes -- January 9, 1992 - -Page 2 MANAGER'S REPORT: • OCCUPANCY REPORT: Mr. Morris reported there was no change in the occupancy report from December 1991. Total occupancy remains at 22,774. Motion was made by Director Reade, seconded by Director Green, to accept the occupancy count report as presented. Motion carried 5 -0. REFUNDS: Director Sherrick went on record as opposing the denial of refunds to people who are paying for services not received. Yvonne Shen Mr. Morris presented a request for refund of trash assessment fees from Yvonne Shen, 1912 Galaxy Drive, Newport Beach, California 92.628, on A.P. No. 439 - 171 -26 in the amount of $476.34 for 1990 -1991. In accordance with the District's policy of refunding only the prior year's assessment, staff is recommending denial of this request but to place a permanent exemption on the property. Director Reade made a motion, seconded by Director Ferryman, to deny Yvonne Shen's request • for a refund pursuant to Board policy. Motion carried 4 -1, Director Sherrick voting no. Yvonne Shen Mr. Morris presented a request for refund of trash assessment fees from Yvonne Shen, 1912 Galaxy Drive, Newport Beach, California 92628, on A.P. No. 439 - 181 -15 in the amount of $544.39 for 1990 -1991. In accordance with the District's policy of refunding only the prior year's assessment, staff is recommending denial of this request but to place a permanent exemption on the property. Director Green made a motion, seconded by Director Reade, to deny Yvonne Shen's request for a refund pursuant to Board policy. Motion carried 4 -1, Director Sherrick voting no. James Roberts Mr. Morris presented a request for refund of trash assessment fees from James Roberts, 309 Vista Baya, Costa Mesa, California, on A.P. No. 425 - 221 -13 in the amount of $764.17 for two years, 1990 -91 and 1991 -92. In accordance with District policy, staff is recommending a refund for the year 1991 -92 year only in the amount of $560.64 and to place a permanent exemption on the property. Director Reade made a motion, seconded by Director Ferryman, to approve the partial refund of $560.64 for the year 1991 -92. Motion carried 5 -0. • Costa Mesa Sanitary District Minutes -- January 9, 1992- -Page 3 • James Roberts Mr. Morris presented a request for refund of trash assessment fees from James Roberts, 309 Vista Baya, Costa Mesa, California, on A.P. No. 425 - 221 -12 in the amount of $552.50 for two years, 1990 -91 and 1991 -92. In accordance with District policy, staff is recommending a refund for the year 1991 -92 year only in the amount of $280.32 and to place a permanent exemption on the property. Director Reade made a motion, seconded by Director Green, to approve the partial refund of $280.32 for the year 1991 -92. Motion carried 5 -0. Price Shapiro Mr. Morris presented a request for refund of trash assessment fees from Price Shapiro, 2700 E. Coast Highway, #B, Corona Del Mar, 'CA 92625, on A. P. 141- 662 -27, of $560.64 for 1991 -92. Since Mr. Shapiro is using a private service, staff is recommending full refund for the year 1991 -92 and a. permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director'Reade, to approve the requested refund of $560.64. Motion carried 4 -1, Director Sherrick voting no. Price Shapiro Mr. Morris presented a request for refund of trash assessment • fees from Price Shapiro, 2.700 E. Coast Highway, #B, Corona Del Mar, CA 92625, on A. P. 141- 665 -12, of $560.64 for 1991 -92. Since Mr. Shapiro is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Reade made a motion, seconded by Director Ferryman, to approve the requested refund of $560.64. Motion carried 5 -0. Price Shapiro Mr. Morris presented a request for refund of trash assessment fees from Price Shapiro, 2700 E. Coast Highway, #B, Corona Del Mar, CA 92625, on A. P. 425- 213 -09, of $700.80 for 1991 -92. Since Mr. .Shapiro is using a private service, staff is recommending full refund for the year 1991 -92 and a'permanent exemption from trash fees, according to District policy. Director Green made a motion, seconded by Director Reade, to approve the requested refund of $700.80. Motion carried 5 -0. Joseph McDonough Mr. Morris presented a request for refund of trash assessment fees from Joseph McDonough, 415 1/2 Iris, Corona del Mar, California 92625, on A. P. 424 - 052 -18, of $560.64 for 1991 -92. Since Mr. McDonough is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Costa Mesa Sanitary District Minutes -- January 9, 1992 - -Page 4 • Director Reade made a motion, seconded by Director Green, to approve the requested refund of $560.64. Motion carried 5 -0. Joseph McDonough Mr. Morris presented a request for refund of trash assessment fees from Joseph McDonough, 415 1/2 Iris, Corona del Mar, California 92625, on A. P. 424 - 052 -19, of $560.64 for 1991 -92. Since Mr. McDonough is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Green made a motion, seconded by Director Ferryman, to approve the requested refund of $560.64. Motion carried 5 -0. Gregory Tong Mr. Morris presented a request for refund of trash assessment and sewer fees in the amount of $236.13. Mr. Tong has been charged for 4 units and should have been billed for 3 units. Since this was an error in the billing records, staff is recommending that a refund be made in the amount of $236.13 as an adjustment for the error in the number of units charged. A permanent exemption is not recommended because curbside service is now being provided. Director Reade made a motion, • seconded by Director Ferryman, to approve the requested refund of $236.13. Motion carried 5 -0. Richard Conway Mr. Morris presented a request for refund of trash assessment fees from Richard Conway, 6038 Appian Way, Long Beach, California 90803, on A. P. 422 - 121 -03, of $2,522.88 for the 1991 -92 tax year. That figure has been adjusted to $2,537.59 since the number of units originally charged were 18 and the actual number of units on the property are 17. Therefore, staff is recommending an adjustment for the trash assessment as well as the sewer rate, and permanent exemption from trash fees, according to District policy. Director Reade made a motion, seconded by Director Green, to approve the adjusted refund of $2,537.59. Motion carried 5 -0. Tahwahnah Lyons Mr. Morris presented a request for refund of trash assessment fees from Tahwahnah Lyons, 243 -A Palmer, Costa Mesa, California 92627, on A. P. 425- 336 -04, of $140.16 for 1991 -92. Since Mr. Lyons is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Reade made a motion, seconded by Director Green, to approve the requested refund of $140.16. Motion carried 5 -0. • 0 Costa Mesa Sanitary District Minutes -- January 9, 1992--Page 5 Jean Hidden Mr..Morris presented a request for refund of trash assessment fees from Jean Hidden,- 1775 Monrovia, Costa Mesa, California 92627, on A. P. 424 - 361 -21, of $169.58 for the 1991 -92 tax year. Ms. Hidden was previously billed for two units and should have been billed for only one unit. Since this is a single family unit, staff is not recommending a permanent exemption, only an adjustment in the error of units billed for in both the trash and sewer assessment. Director Ferryman made a motion, seconded by Director Reade, to approve the adjusted refund of $150.82. Motion carried 5 -0. Joan Jackson Mr. Morris presented a request for refund of trash assessment fees from Joan Jackson, 11 Harbor Ridge, Newport Beach, California 92660, on A. P. 422- 202 -22, of $1,121.28, less sewer underpayment of $14.71, net amount of requested refund, $1,106.57. Staff is recommending approval of the refund of the trash fees and an adjustment because the charges were for 8 units and should have been 9 units, and a permanent exemption from trash fees, or a net refund of $1,106.57. Director Reade made a motion, seconded by Director Reade, to. approve the adjusted refund of, $1,106.57. Motion carried 5 -0. Horace Silva Mr. Morris presented a request for refund of trash assessment fees from Horace Silva, 1917 Anaheim, Costa Mesa, California 92627, on A. P. 422- 142 -219, of $4,059.24. Mr. Silva was previously charged for 10 units and should have been charged for 1. Director Ferryman made a motion, seconded by Director Reade, to approve the full refund of $4,059.02 for the period 1982 -1991. Motion carried 5 -0. Ha rley'Newman Mr. Morris presented a request for refund of trash assessment fees from Harley Newman, 1068 El Camino, Costa Mesa, California 92626, on A. P. 139- 491 -13, of $560.64 for 1991 -92. Since Mr. Newman is using a private service, staff''is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director Reade, to approve the requested refund of $560.64. Motion carried 5 -0. Source Reduction and Recycling Element: Mr. Morris reiterated to the Board that Mr. Newton has been hired to look at the management needs of the District, based • on the current and future demands of the District. The second Costa Mesa Sanitary District Minutes -- January 9, 1992- -Page 6 • item Mr Newton has been asked to address is the manpower needs of a recycling program under AB939 requirements. Mr. Morris further mentioned that the City of Costa Mesa has hired Mr. Newton to perform the recycling study, with possible financial participation by the District in the future. Mr. Morris recommended that this item be moved to the end of the Agenda into a closed session. Upon motion by Director Ferryman, seconded by Director Reade, and carried, this item was moved to the end of the agenda. TREASURER'S REPORT: Ms. Temple presented the Financial Report for December 1991. After discussion and review, Director Reade made a motion, seconded by Director Green, and unanimously carried, that the Financial Report for December 1991, 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. Mr. Hamers presented a map displaying the boundaries of the various Sanitation Districts and the Costa Mesa Sanitary District. Review of Sewer Plans by Costa Mesa Sanitary District Engineer: There was no additional report. BRISTOL STREET PUMPING STATION, SANTA ANA HEIGHTS: Mr. Hamers informed the Board that the Orange County Development Agency (OCDA) is requesting the District to approve the design, construction and ownership responsibilities of the Bristol Street Pumping Station in concept. After discussion, it was moved by Director Sherrick, seconded by Director Ferryman, that the following be approved: 1. All design, construction and inspection of sewer work be funded by the OCDA including services provided by the Sanitary District Engineer in review and inspection since • is Costa Mesa Sanitary District Minutes -- January 9, 1992- -Page 7 the facilities may end up being owned by the Sanitary District. 2. The District accept ownership of the newly constructed sewer facilities should the annexation of the Santa Ana Heights area by the City of Newport Beach (CNB) fail to materialize. 3. Authorize the District Engineer to continue providing liaison to the OCDA and CNB and to provide engineering services as necessary. Billing by the Engineer to be on an hourly basis at the current hourly rates not to exceed $5,000. 4. Direct the District Engineer and staff to bring back to the Board the final three -party agreement with the OCDA and CNB and to obtain all financial ownership arrangements for the project. Motion carried 5 -0. Further, it was moved by Director Reade, seconded by Director Ferryman, to authorize a budget adjustment to transfer $5,000 • into the project to cover the District Engineer's costs during the negotiating and preliminary stages of the project. Motion carried 5 -0. CANYON. PARK EASEMENT DEED - Mr. Hamers presented signed, notarized Easement Deed approved by the City of Costa Mesa City Council, for a sewer .,easement through Canyon Park. Director Sherrick made a motion, seconded by Director Reade that the Canyon Park Easement be accepted by the District. Motion carried 5 -0. ATTORNEY'S REPORT: RESOLUTION NO. 92 -512 At this time Attorney June presented Resolution No. 92 -512 for approval of an application to the Local Agency Formation Commission for Annexation No. 241 which includes the balance of Tract No. 7718.in the City of Costa Mesa,. County of Orange. Director Reade made a motion, seconded by Director Ferryman that Resolution No. 92 -512, 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. 241," be adopted. The motion carried by the following roll call vote: • Costa Mesa Sanitary District Minutes -- January 9, 1992 - -Page 8 • AYES: Directors - Wahner, Green, Reade, Ferryman and Sherrick NOES: Directors - None ABSENT: Directors - None RESOLUTION NO. 92 -513 At this time Attorney June presented Resolution No. 92 -513 for approval of the District's zero tax exchange on certain annexations to the District. Director Ferryman made a motion, seconded by Director Sherrick, that Resolution No. 92 -513, being "A RESOLUTION OF APPLICATION BY 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. The motion carried by the following roll call vote: AYES: Directors - Wahner, Green, Reade, Ferryman and Sherrick NOES: Directors - None ABSENT: Directors - None POTLATCH /SIMPSON CLAIM - • Attorney June reported to the Board that the County Sanitation District's legal counsel has been in heavy negotiations with the Plaintiffs in an effort to settle this claim. They have separated themselves from the County of Los Angeles, since the County of Los Angeles purportedly acted for Orange County Sanitation Districts and placed a prohibitive figure on the proposed settlement. Mr. June stated that our people have also been dealing with the insurance carriers. In cooperation with their efforts he has provided counsel with District insurance records back to 1972. He further informed the Board that there may be an amendment proposed to our common defense agreement with the County Sanitation Districts; however, it appears that this will not affect the Costa Mesa Sanitary District. VAN AUSDELN CLAIM - Mr. June asked Mr. Hamers to report on the H. C. Van Ausdeln claim. Mr. Hamers informed the Board that after a thorough investigation, using the television system, it was determined that blockage occurred in the sewer lateral not the main line. Based on the results of the investigation, Director Reade made a motion, seconded by Director Sherrick, that this claim be rejected. Motion carried 5 -0. STATUS REPORT: Received and filed: • is Costa Mesa Sanitary District Minutes -- January 9, 1992 - -Page 9 CHRISTMAS TREE RECYCLING PROGRAM - Ms. Reichle reported on the results of the 2nd Annual Christmas Tree Recycling Program. She reported that 7,511 trees have been collected and the program will officially end on January 11. Besides the District's trash hauler, South Coast Refuse, Western Waste and Orco Disposal joined in the program by depositing trees collected through bin service. I An invitation was sent to the Newport Mesa Schools offering a field trip for students to see the trees being mulched on January 14. TELEPHONE BOOR RECYCLING PROGRAM - Mrs. Reichle reported that the 3rd Annual Telephone Book Recycling Program collected 87.6 tons of telephone books, 37.6 more than last year. Pacific Bell Directory will reimburse the District for promotional costs in the amount of $1,442.95. The City 'of Irvine collected 61 tons in their first year of participation in the program. The Board asked Mr. June to prepare a Resolution of Commendation to be presented to Pacific Bell Directory for their support. HOUSEHOLD.TOXIC WASTE DISPOSAL PROGRAM - Mr. Morris informed the Board that he had two possible dates for touring the County facility in Huntington Beach -- Wednesday, January 22_, 1992, and Friday, January 24. Mr. Morris circulated a brochure indicating the location of the facility. He advised the members that the facility closed to the public at 1:00 p.m. The Directors indicated that Wednesday, January 22, 1992 at 12:45 p.m. would be the best date. DISTRICT NAME CHANGE - Staff has begun to reduce its.stock of supplies in anticipation of the name change. Both staff -and Board members have been asked to develop a list of proposed names for the District. FREEDOM HOMES SEWER LATERALS - Mr. Morris informed the Board that while the staff is working on a new policy, the District has protection under the Sewer Maintenance Ordinance. LETTER TO COSTA MESA DISPOSAL 10 -10 -91 Director Sherrick recommended that this item be dropped from the Status Report since it is no longer an issue. There was no opposition to this request. • NEW BUSINESS: There was no new business reported. Costa Mesa Sanitary District Minutes -- January 9, 1992 - -Page 10 • WARRANT REPORT 92 -07: Director Ferryman made a motion, seconded by Director Green, authorizing the President and Secretary to sign Report No. 92 -07, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $358,097.52. Motion carried 5 -0. ORAL COMMUNICATIONS: Director Reade reported on the Independent Special Districts of Orange County meeting held October 30. The next meeting will be Wednesday, January 29, 1992, 7 :30 p.m. in the 1st floor conference room of the City Hall. At the last meeting, the main discussion was seeking representation on LAFCO. Director Reade invited the Directors to also attend. Director Wahner reported that he had received an invitation to join the Environmental Professional Organization of Orange County which is a group of professionals concerned with the environment. The membership fee is $25.00 for a government entity. Director Wahner indicated that he would be pleased to represent the District with this group. Attorney June advised • the Board that this item should be placed on the February agenda for discussion and /or approval. Mr. Sherrick reiterated his desire to have the Directors report back to the full Board when they attend meetings. Director Sherrick stated that he objected to the term "living unit" and proposed that it be called "dwelling unit ". He further commented that on all official documents where signatures are required, the names be typed underneath the names. Director Sherrick alluded to the Manager's Policy Statement and asked Attorney June to provide the Board with an opinion as to whether it is a policy statement by the Board or whether it is an amendment to the City Contract. Director Sherrick asked that on the agenda items in the lower right hand corner, it be noted which item it relates to on the agenda. Director Sherrick further commented that he felt the Board should know immediately when the Grand Jury is involved in any kind of investigation that may affect the District. Director Sherrick mentioned that the Daily Pilot list a • section on "How to Contact Your Legislators" and that the • • Costa Mesa Sanitary District Minutes -- January 9, 1992 - -Page 11 Costa Mesa Sanitary should be listed. He suggested that someone call the paper and request inclusion in this column. Ms. Reichle said she would follow up with the newspaper. Director Sherrick alluded to the hold harmless portion of the CRT Agreement and asked for a legal opinion as to how this could affect the District. Attorney June interjected that the full Board must direct him to research such an opinion. The Board so authorized. At 8:55 p.m. the Board adjourned to closed session to discuss personnel matters. Mr. June was asked to remain and other staff members were excused. At 9:50 p.m. President Wahner reconvened the meeting. It was reported that no action was taken during closed session. The manager's position was described as part of the report given by Mr. Barry Newton.. He further stated that all interviews .had been completed and would. have another report on January 23. The Board requested an organizational chart of District staff be included as part of the report. . ADJOURNMENT: Upon motion by Director Reade, and carried 5 -0, the meeting adjourned meeting January 23, floor conference room. President seconded by Director Ferryman, adjourned *at 9:55 p.m. to an 1992, 5:00 p.m., in the fourth Secretary