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Minutes - Board - 1991-06-13MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 18CALL TO ORDER: The Board of Directors of the Costa Mesa Sanitary District met in regular session on June 13, 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 Directors Absent: Dick Sherrick Staff Present: Robert Brock, Manager Roy June, Attorney Susan Temple, Treasurer .Donna Theriault, Finance Robin Hamers, Engineer Florine Reichle, Assistant Manager/ Clerk of the District Guests: Larry Glaves, M. Dabir Vazari and Theanna Stunkel MINUTES OF MAY 9, 1991: • Motion was made by Director Green, seconded by Director Reade to approve the minutes of the regular meeting of May 9, 1991, as distributed. Motion carried 4 -0. WRITTEN COMMUNICATIONS: Mr. Brock presented written communications: A copy of a letter mailed to all owners of condominiums whose properties were not exempt from trash assessment notifying them that exemption exists for those using private trash service; letter from C.R. Transfer notifying the District of the increase in landfill fees beginning July 1, 1991, which raises the tipping fee at the transfer station to $33.81 /ton; a letter from Doris Gaynor asking about the legality of removing newspapers from trash that is placed at the curb; a..-,letter `. (, f -, :h dnks from -Assemblyman Frizzelle, for the District's commi., cation expressing opposition to AB 854, Secondary Treatment of Sewage; - and -a copy of a newspaper article on charging for trash pickup based on weight or volume. MANAGER'S REPORTS: OCCUPANCY REPORT: Mr. Brock reported there was no change in occupancy as of June 1, 1991. The total remains 19,792 units. Motion was made by Director Reade, seconded by Director Green, and carried 4 -0, to approve the occupancy report as presented. MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 REFUNDS: Albert Reda, 1719 West McEvoy Lane, Santa Ana, CA 92706 Mr. Brock presented a request for refund of trash and sewer fees from Mr. Reda on A.P. No. 141 - 134 -13 in the amount of $272.18. This request was held over from the May 9 meeting. On motion by Director Green, seconded by Director Reade, the request was denied because exemption from assessment had never been requested. Motion carried 4 -0. Llyn Burdick, 2512 Santa Ana Avenue, Unit E, Costa Mesa, CA 92626 Mr. Brock presented a request for refund of trash assessment fees from Ms. Burdick on A.P. No. 937 - 650 -05 in the amount of $136.09. This request was denied at the May 9 meeting as investigation revealed no record of an exemption having been filed. Ms. Burdick called and requested this item be heard in June as she claimed notification of the meeting was not received in adequate time to attend. Motion was made by Director Reade, seconded by Director Green, to uphold the decision to deny the refund. Motion carried 4 -0. ASA Enterprises, 2062 Business Center, Suite 260, Irvine, CA 92715 Mr. Brock presented four requests from ASA Enterprises for refund of trash assessment fees. At the May 9 meeting, the Board requested additional information on all four parcels. After discussion, the following actions were taken: On A.P. 422 - 101 -10, request for refund of $1,020.67 - Denied • Director Ferryman made a motion, seconded by Director Reade to deny the refund request as exemption had not been filed. Motion carried 4 -0. On A.P. 418 - 131 -14, request for refund of $1,702.12 - Denied Director Ferryman made a motion, seconded by Director Reade to deny the refund request as exemption had not been filed. Motion carried 4 -0. On A.P. 422 - 211 -31, refund request of $476.31 - Denied Director Ferryman made a motion, seconded by Director Reade to deny the refund request as exemption had not been filed. Motion carried 4 -0. On A.P. 422 - 101 -11, refund request of $81.26 - Approved The 14 -unit complex at 514 -518 Bernard is located on two parcels. Computer records were changed to charge the entire complex on 422 - 101 -10 and exempt -11. At that time, an overcharge of one unit was discovered and refund recommended. Director Green made a motion, seconded by Director Reade, to approve refund of $68.05 for trash and $13.21 for sewer, total amount of $81.26. Motion carried 4 -0. The following new applications for refund of trash assessment fees were all denied because exemption had not been filed on the properties. permanent exemption was placed on each entire complex. 2 i MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 • Theanna Stunkel, 2512 Santa Ana Avenue, #B, request for refund of $776.43 on A.P. 937 - 650 -02. By Motion of Director Green, seconded.by Director Ferryman, the request was denied. Motion carried 4 -0. Three requests from Shannon Jackson, 11 Harbor Ridge, Newport Beach. A.P. 422 - 271 -19, . refund of $994.35. By motion of Director Green, seconded by Director Reade, the request was denied. Motion carried 4 -0. On A.P. 422 - 202 -01, for refund of $303.60. By motion of Director Green, seconded by Director Reade, the request was denied. On A.P. 422 - 052 -02, for refund of $1,443.19. By motion of Director Reade, seconded by Director Ferryman, the request was denied. Motion carried 4 -0. Ronald Amburgey, Catte Development, 135 Commercial Way, Costa Mesa, on A.P. 419 - 012 -31, for refund of $680.45. By motion of Director Reade, seconded by Director Ferryman, the request was denied. Motion carried 4 -0. Computer records were changed to reflect the complex as 18 units instead of nine. Owner was not charged for additional sewer services. Larry Glaves, 936 West 18th, #D -2, Costa Mesa, on A.P. 930 - 614 -16, for refund of $257.53. Mr. Glaves addressed the Board on behalf of his request. By motion of Director Green, 10 seconded by Director Reade, the request was denied. Motion carried 4 -0. Michelle Price, 936 West 18th, #D -1, Costa Mesa, on A.P. 930 - 614 -15, for refund of $334.96. By motion of Director Green, seconded by.Director Ferryman, the request was denied. Motion carried 4 -0. Renee.Thomas, 306 Santo Tomas, Costa Mesa, on A.P. 939 - 140 -06, for refund of $257.53. By motion of Director Reade, seconded by Director Ferryman, the request was denied. Motion carried 4 -0. Kristen Kirk, 350 Avocado, #A -2, Costa Mesa, on A.P. 939 - 070 -02, request for refund of $257.53. By motion of Director Green, seconded by Director Reade, the request was denied. Motion carried 4 -0. The following applications for refund were recommended for approval either because of error on the amount of units. charged or because trash service could not be provided by the District: Dabir Vazari, 21531 Archer Circle, Huntington Beach, on A.P. 141- 655 -11, request for refund of $2,227.70. The property was overcharged for eight or nine units instead of four, dating back to 1977 -78. By motion of Director Reade, seconded by Director Ferryman, refund of $1,955.40, trash fees and • $272.30, sewer fees, total amount of $2,227.70, was approved. Motion carried 4 -0. 3 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 Dorothy Ables, 1943 Sundance Lane, Costa Mesa, on A.P. • 422- 533 -05 for refund of $334.96. Records show the complex contains 16 single - family homes which cannot be provided curbside service by the District. The only street in the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent e�:emption and a refund of fees. Motion was made by Director Reade, seconded by Director Green to approve the refund. Motion carried 4 -0. Anthony Armand, 1941 Sundance Lane, Costa Mesa, on A.P. 422 - 533 -06, for refund of $334.96. Our records show the complex contains 16 single- family homes which cannot be provided curbside service by the District. The only street in the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent exemption and a refund of fees. Motion was made by Director Ferryman, seconded by Director Green to approve the refund. Motion carried 4 -0. Richard Kass, 1931 Sundance Lane, Costa Mesa, on A.P. 422 - 533 -11 for refund of $370.03.. Our records show the complex contains 16 single- family homes which cannot be provided curbside service by the District. The only street in the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent el:emption and a refund of fees. Motion was made by Director Green, seconded by Director Reade to approve the refund. Motion carried 4 -0. Roger Likley, 1945 Sundance Lane, Costa Mesa, on A.P. 422 - 533 -04 for refund of $334.96. Records show the complex contains 16 single - family homes which cannot be provided curbside service by the District. The only street in the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent el:emption and a refund of fees. Motion was made by Director Green, seconded by Director Ferryman to approve the refund. Motion carried 4 -0. David L. Shea, 1933 Sundance Lane, Costa Mesa, on A.P. 422 - 533 -10 for refund of $257.53. Our records show the complex contains 16 single - family homes which cannot be provided curbside service by the District. The only street in the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent e�:emption and a refund of fees. Motion was made by Director Green, seconded by Director Reade to approve the refund. Motion carried 4 -0. Albert Tirre, 1935 Sundance Lane, Costa Mesa, on A.P. 422 - 533 -09 for refund of $370.03. Our records show the complex contains 16 single- family homes which cannot be provided curbside service by the District. The only street in • the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent e::emption and 4 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 • a refund of fees. Motion was made by Director Green, seconded by Director Ferryman to approve the refund. Motion carried 4 -0. Arthur Tunnell, 1951' Sundance Lane, Costa Mesa, on A.P. 422- 533 -01 for refund of $370.03. Our records show the complex contains 16 single- family homes which cannot be provided curbside service by the District. The only street in the complex is substandard width and is accessed by a Newport Beach city street. Staff recommends permanent exemption and a refund of fees. Motion was made by Director Reade, seconded by Director Ferryman to approve the refund. Motion carried 4 -0. Sylvia Johnson, 2246 Elden Avenue, Costa Mesa, on A.P. 426- 062 -05, for refund of $467.09. Records incorrectly showed the parcel contains four units instead of one single - family home. Motion was made by Director Reade, seconded by Director Ferryman to approve the refund. Motion carried 4 -0. SOURCE REDUCTION AND RECYCLING ELEMENT /CA INTEGRATED WASTE MANAGEMENT PLAN: Mr. Brock reported the AB 939 Ad Hoc Committee continues to move forward toward completion of the necessary documents for the Source Reduction and Recycling Element. It looks like a certainty that the date for submission of the document will be extended to January 1, 1992. Mr. Roeder, City Manager, attended the June meeting. In response to.meeting the waste reduction goals, the relationship between the City and District must be clearly defined as far as responsibility for all waste collected in the City. A joint meeting between City Council and Sanitary District representatives will be scheduled at a later date to discuss moving the collection responsibility under one agency. The question surfaced on whether or not the State would continue to hold the City accountable for the mandates of AB 939, if the responsibility were shifted to the District. TREASURER'S REPORT: Ms. Temple presented the financial report for May 1991. Director Greer: made a motion, seconded by Director Reade to accept the financial report. as presented. Ms. Temple presented the 1991 -92 Preliminary Budget. Significant aspects of the document include: Payment to the trash haulers is moved from the City /District contract to the District budget and in order to pay the trash hauler in a reasonable length of time, staff will be looking for preauthorization to pay ahead of the regular meeting; money has been budgeted for additional staff but before staff makes a recommendation, a needs assessment will be conducted; $20,000 has been budgeted for new equipment, both for finance and the new position; the • new budget includes an increase in retainer for the attorney for'the District. She also presented a calculation on the rates for the trash and sewer assessment based on preliminary data. She estimates a 12 5 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 • percent increase for 1991 -92. If a Household Hazardous Waste Program is included, the increase will be approximately 14 percent. . Staff suggested holding a study session to discuss the new budget in detail before presentation for approval in July. Motion was made by Director Reade, seconded by Director Green and carried 4 -0, to receive and file the preliminary budget. It was also decided to hold a study session. PROJECT STATUS REPORT: Mr. Hamers asked if there were questions on the Project Status Report. Hearing none, he went on to the Development Update. DEVELOPMENT UPDATE: Mr. Hamers said changes in density are being explored on the Sakioka Farms project. He said it would be the owner's responsibility to upgrade the present sewer system. PROJECT NO. 120 - FOAMING OF SEWER LINES - AWARD OF CONTRACT: Mr. Hamers reported Pacific Sewer Maintenance Corporation is the sole distributor and contractor licensed to foam sewer lines in Southern California. The patented method is used for the District's sewer root control. Because they are a sole - source vendor - contractor, an agreement can be entered into for providing services. This is to be done at total cost, not to exceed $45,000. On motion by Director Green* seconded by Director Ferryman, Pacific Sewer Maintenance Corporation was declared a sole source vendor /contractor and authorization was given to enter into an agreement for the foaming of 33,335 feet of sewer at a cost not to exceed $45,000. Motion carried 4 -0. PROJECT NO. 1112100 -120 - FOAMING OF SEWER LINES /INSPECTION SERVICES: Mr. Hamers submitted a proposal to provide the necessary engineering services during the construction phase of the project at the following hourly rates: Engineering $ 55 /hour Drafting 44 /hour Inspection 39 /hour The proposal provides the services at a cost not to e, :ceed $7,056, and billing will be only for actual time worked. Motion was made by Director Reade, seconded by Director Green to approve the proposal, not to exceed $7,056. Motion carried 4 -0. ANNEXATION NO. 238 - FINAL ACCEPTANCE - RESOLUTION NO. 91 -214A: Mr. June informed the Board that the Local Agency Formation Commission had authorized the District to annex the property described in Annexation No. 238 without notice of public hearing by the Board, and without election since it is an annexation requested by 100 percent of the owners of real property being annexed. The property was declared 0 e MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 categorically exempt by the City of Costa Mesa as the Lead Agency, pursuant to the California Environmental. Quality Act of 1970. Director Reade made a motion, seconded by Director Green, that Resolution No. 91 -214A, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DISTRICT WITHOUT HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 238 be adopted. Motion carried 4 -0. ANNEXATION NO. 239 - FINAL ACCEPTANCE - RESOLUTION NO. 91 -215A: Mr. June informed the Board that the Local Agency Formation Commission had authorized the District to annex the property described in annexation No. 239 without notice of public hearing by the Board, and without election since it is an annexation requested by 100 percent of the owners of real property being annexed. The property was declared categorically exempt by the City of Costa Mesa as the Lead Agency, pursuant to the California Environmental Quality Act of 1970. Director Ferryman made a motion, seconded by Director Reade that Resolution No. 91 -215A being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DISTRICT WITHOUT HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX 4 CODE AREA FOR ANNEXATION NO. 239 be adopted. Motion carried 4 -0. ANNEXATION NO. 240 - FINAL ACCEPTANCE - RESOLUTION NO. 91 -216A: Mr. June informed the Board that the Local Agency Formation Commission had authorized the District to annex the property described in annexation No. 240 without notice of public hearing by the Board, and 1without election since it is an annexation requested by 100 percent of the owners of real, property being annexed. The property was declared categorically exempt by the City of Costa Mesa as the Lead Agency, pursuant to the California Environmental Quality Act of 1970. Director Ferryman made a motion, seconded by Director Reade that. Resolution No. 91 -216A being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING' AND ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DISTRICT WITHOUT HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 240 be adopted. Motion carried 4 -0. ANNEXATION NO. 242 - FINAL ACCEPTANCE - RESOLUTION NO. 91 -217A: Mr. June informed the Board that the Local Agency Formation Commission had authorized the District to annex the property described in Annexation No. 242 without notice of public hearing by the Board, and without election since it is an annexation requested by 100 percent of • the owners of real property being annexed. The property was declared categorically exempt by the City of Costa Mesa as the Lead Agency, pursuant to the California Environmental Quality Act of 1970. 7 MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 Director Ferryman made a motion, seconded by Director Reade that Resolution No. 91 -217A being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY ANNEXED TO THE COSTA MESA SANITARY DISTRICT WITHOUT HEARING OR ELECTION AND ESTABLISHING AND ASSIGNING TAX CODE AREA FOR ANNEXATION NO. 242 be adopted. Motion carried 4 -0. CLAIM - POTLACH /SIMPSON: Mr. June reported there was no change in status on the Potlatch /Simpson claim. CLAIM - KEN HUTCHINS: Mr. Hutchins presented a claim for reimbursement of expenses in the amount of $217 incurred while attempting to clear the line at 325 19th Street. After several attempts were made to clear the lateral, it was determined the stoppage was in the main line. The lines were cleared and the problem resolved. On motion by Director Reade, seconded by Director Green, the request from Ken Hutchins for reimbursement of expenses in the amount of $217 was approved. Motion carried 4 -0. Staff was directed to prepare the warrant and obtain a release. STATUS REPORT OF ITEMS PENDING: T Mr. Brock reviewed the Monthly Status Report. He added that two agencies were contacted to provide quotations for liability insu,z.ance- Both refused to quote unless they could give a formal presentation. One admitted that the price we were getting from Special Districts Risk Management, because of SDRM being a joint venture comprised of many special districts, would probably be lower than that which could be provided elsewhere. TRASH ASSESSMENT REFUND AND EXEMPTION POLICY: Trash Assessment Roll Preparation Procedures - Staff was directed to place this item on the Status Report of pending items. Policy for Refunds and Exemptions - Mr. Brock reported staff is recommending the basic rate for trash assessment be adjusted to be the same amount for each unit. Staff contacted Garden Grove and Midway City Sanitary Districts and found both to be charging the basic rate for all units because of increased tipping fees and recycling programs. Staff requested to add this item to the new policy. On motion by Director Ferryman, seconded by Director Green, to approve the trash assessment exemption and refund policy as presented, and to include the change of charging the basic rate to all units beginning with the trash assessment roll which will be presented to the County in August 1991. Motion carried 4 -0. HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM: Mr. Brock reported staff is continuing to study other cities' programs - and will report in the monthly status report. • Ak MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 13, 1991 0 MESA CONSOLIDATED WATER DISTRICT NEWSLETTER: Mr. Brock presented a letter to the Water District Board of Directors requesting permission to include a District informational flyer in their next billing cycle. One side of the flyer contains information about trash assessment exemption and the backside includes information about correct disposal of household hazardous waste. On motion by Director Reade, seconded by Director Ferryman, signature was authorized. Motion carried 4 -0. CITY /DISTRICT CONTRACT 1991 -92: Mr. Brock presented the 1991 -92 City /District contract in the amount of $923,550. This budget reflects a 62.3 percent decrease due primarily to the trash hauler's contract being removed from the Sanitation budget, City /District contract, and placed in the District budget. The Sanitation budget will be amended to include increased staffing and equipment. SOLID WASTE FORECAST: Staff was requested to place this item on the Status Report of Pending Items. MINUTE DISTRIBUTION 1*0 A copy of the District minutes distribution list was furnished in the ,F)irector's packages. Staff was requested to place this item on the Status Report of Pending Items. WARRANT REPORT NO. 91 -12: Director Green made a motion, seconded by Director Ferryman, authorizing the President and Secretary to sign Report No. 91 -12, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary; District General Fund in the amount of $347,271.97. Motion carried 4 -0. ORAL COMMUNICATIONS: Director Ferryman asked to have the waste diversion figures reported at each regular meeting. Ms. Reichle reported the figures were in through the month of March, showing a diversion of 27.24 percent in March. The up -to -date figures are expected and will be reported from now on at the regular meeting. ADJOURNMENT: President Wahner declared the meeting adjourned at 8:50 p.m. Secretary �. W]