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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 0 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. Printed on Recycled Paper 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: a 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, Printed on Recycled Paper -2- 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 Printed an Recycled Paper -3- 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 Printed on Recycled Paper -4- 0 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 Printed on Recycled Paper -5- 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. • Printed on Recycled Paper -6- ' 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. Printed on Recycled Paper —7— 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 Printed on Recycled Paper -8- a 9 p.m. l Secretary is 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. Printed on Recycled Paper 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. Printed on Recycled Paper —2— a