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Minutes - Board - 1991-07-18MINUTES OF THE COSTA MESA REGULAR ADJOURNED SANITARY DISTRICT BOARD OF DIRECTORS MEETING HELD JULY 18, 1991 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular adjourned session on July 18, 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 James Ferryman, 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: Robert Brock, Manager Roy June, Attorney Susan Temple, Treasurer Donna Theriault, Finance _Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of the • District Director Wahner introduced the following guests: Peter W. Moore, Ray Rangel, Bernadette Salyer, Mark J. Small, Cindy Surendorf and Jack Bielman MINUTES OF JUNE 13, 1991: Motion was made by Director Reade, seconded by..n�-,--e.ctor- -.. =-._een, to approve the minutes of the regular meeting of J6ane 13, 1991, as distributed. Motion carried 5 -0. MANAGER'S REPORTS: RECYCLING REPORT: Mr. Brock presented the June, 1991 Recycling Report showing a percentage recycled of 25.880. Total Tonnage: 2,441.07; recycled tonnage: 631.84; and land - filled tonnage: 1,809.23. Mr. Brock presented letter written by the Engineer to Elizabeth Davidson regarding our pump station at Santa Ana • Avenue. Costa Mesa Sanitary District Minutes- -July 18, 1991 - -Page 2 OCCUPANCY REPORT: Mr. Brock reported an increase of one unit for the month of July, 1991, for a revised total of 22,774. The total was calculated on the newly revised method of one unit per occupancy. REFUNDS: Those people present to address their refunds were allowed to speak to the board concerning their rationale for approval. Attorney June briefly explained the history of the Assessment District which was established in 1968 to get the necessary funds to collect the trash within the District. At that time the Board adopted a policy that indicated that within the rules developed by the - District that multiple housing, condos, cooperatives, etc. that provided their own trash collection should have an exemption. The policy was set up that an application was necessary annually. Each August the Board has a public hearing for the purpose of setting the trash assessment. Notice is published twice, a week apart, in a newspaper of general circulation.- The notice of the public hearing was posted in three places and circulated with the city license renewal notices, newsletter, etc. The District is now working with the Water District to get the notices sent • through their newsletter. The Board is working on changing the requirements for filing an application for exemption and that is to require filing only once unless the land use changes. The following people spoke to the Board in support of their request for exemptions, which has been recommended for denial: Cindy Surendorf, 2286 Pacific, Unit M, Costa Mesa, CA 92627 Mark Small, 1640 Caraway, Costa Mesa, CA 92626 Peter Moore, 12081 Foster Road, Rossmoor, CA 90720 Bernadette Salyer, 789 W. 18th Street, 1 -D, Costa Mesa. Mrs. Salyer explained to the Board her situation in that her husband's name appeared on the bill and she was not personally notified. Director Sherrick went on record to say that he would be against refusing the refunds for those individuals paying for a service they are not receiving. Harry Schaub, Jr., 1925 Anaheim, Unit A -4, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees from Harry Schaub on A. P. 938 - 240 -30 in the amount of $534.48. On motion by Director Ferryman, seconded by Director • Reade, the request was denied because exemption was not filed by the due date. Motion carried: 4 -1 Costa Mesa Sanitary District Minutes - -July 18, 1991 - -Page 3 Julie Glauthier, 1925 Anaheim, #B -1, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees in the amount of $136.09 from Ms. Julie Glauthier on A. P. 938 - 240 -24. On motion by Director Reade, seconded by Director Ferryman, the request was denied because no exemption form was filed. Motion carried 4 -1. George Tison, Phyllis Tison 13817 Russell Street, Whittier, CA 90605 Mr. Brock presented a request for refund of trash assessment fees in the amount of $136.09 from Mr. and Mrs. George Tison on A. P. 935 - 190 -06. On motion of Director Green, seconded by Director Reade, the request was denied because exemption form was not filed. Motion carried 4 -1. Linda Hehn, 939 W. 19th Street, Unit C -1, Costa Mesa, CA 92627 Mr. Brock presented a,request for refund of trash assessment fees from Ms. Linda Hehn in the amount of $334.96 on A.P. 424- 323-20. On motion by Director Reade, seconded by Director Green, the request was denied since no exemption forms have ever been filed. Motion carried 4 -1. Jon Wagenseller, 15 Stuyvesant Oval, #10 -G, New York, NY 10009 Mr. Brock presented a request for refund of trash assessment fees from Mr. Jon Wagenseller in the amount of $257.54 on A.P. 936- 730 -06. On motion of Director Green, seconded by Director Reade, the request was denied since no exemption forms were ever filed. Motion carried 4 -1. Tina Alejandre, 2175 Pacific, Unit H -2, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees from Tina Alejandre in the amount of $257.53 on A.P. 939- 080-40. On motion by Director Reade, seconded by Director Green, the request was denied since no exemption forms were filed. Motion carried 4 -1. Cindy Surendorf, 2286 Pacific, Unit M, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees from Cindy Surendorf in the amount of $283.65 on A.P. 935 - 510 -10. On motion by Director Green, seconded by Director Reade, the request was denied since no exemption form was filed. Motion carried 4 -1. Mark Small, 1640 Caraway, Costa Mesa CA 92626 Mr. Brock presented a request for refund of trash assessment fees from Mark Small in the amount of $2,292.65 on A. P. 139 - 492 -34. On motion by Director Green, seconded by Director Reade, the request was denied since no exemption form was filed. Motion carried 4 -1 South Coast Estates, P. O. Box 1794, Costa Mesa, CA 92628 • Mr. Brock presented a request for refund of trash assessment fees from South Coast Estates in the amount of $340.22 on A.P. 141 - 665 -03. On motion by Director Green, seconded by Director Costa Mesa Sanitary District Minutes - -July 18, 1991 - -Page 4 Reade, the request was denied since no exemption form was filed. Motion carried 4 -1. 0 Ruth Smith, 4700 Paseo Del Las Tortugas, Torrance, CA 90503 Mr. Brock presented a request for refund of trash assessment fees from Ms. Ruth Smith in the amount of $776.48 on A.P. 935- 300-13. On motion by Director Green, seconded by Director Reade, the request was denied since no exemption form was filed. Motion carried 4 -1. Peter Moore, 12081 Foster Road, Rossmoor, CA 90720 Mr. Brock presented a request for refund of trash assessment fees from Peter Moore in the amount of $870.48 + interest, or $2,164.09 on A.P. 935 - 300 -09. On motion of Director Ferryman, seconded by Director Green, the request was denied since no exemptions forms were ever filed. Motion carried 4 -1 Bernadette Salver, 789 West 18th Street, 1 -D, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees from Bernadette Salyer in the amount of $405.09 on A.P. 939 - 290 -24. Mrs. Salyer explained to the Board that she never received notice from the County Tax Assessor due to the tax bill just showing her former husband's name. After further discussion, because of possible extenuating circumstances this request was tabled to the next meeting to allow staff further • investigation into this request. Mary Lou Finney, 1221 Las Arenas Way, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees from Mary Lou Finney in the amount of $472.03 on A.P. 936- 330 -19. On motion of Director Green, seconded by Director Ferryman, the request was denied since no exemption forms were filed. Motion carried 4 -1. The following applications for refund were recommended for approval either because of error in the amount of units charged or because trash service could not be provided by the District: Dabir Vaziri, 21531 Archer Circle, Huntington Beach, CA 92646 A. P. 141 - 665 -11 - This property is being billed for 9 units and should be billed for 4 units. By motion of Director Reade, seconded by Director Ferryman, the refund request of $66.05 sewer assessment fees was approved. Motion carried: 5 -0 Mesa Heights Homeowner's Association, 1584 Orange, Unit C, Costa Mesa, CA 92627, A. P. No. 425 - 334 -18 - This area is common area with no facilities. By motion of Director Reade, seconded by Director Ferryman, the request for refund of sewer and trash assessment fees in the amount of $778.76 was approved. Motion carried: 5 -0 James R. and Shirley Snowden, 1930 Sundance Lane, Costa Mesa, • CA 92627, A. P. 422 - 533 -12 - Single family homes and District Costa Mesa Sanitary District Minutes - -July 18, 1991 - -Page 5 • cannot serve the area. 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. By motion of Director Green, seconded by Director Reade, the request for refund of trash assessment of $136.09 was approved. Motion carried: 5 -0 • Sam Spampinato and Lydia Spampinato, 1939 Sundance, Costa Mesa, CA 92627 - A. P. 422 - 533 -07 - Single family home and district cannot provide service. 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. On motion of Director Reade, seconded by Director Green, refund of trash assessment of $334.96 was approved. Motion carried: 5 -0 Thomas A. Markin, and LeAnn F. Fredianelli, 1946 Sundance Lane - A. P. 422 - 533 -14 - Single family home and District cannot provide service. 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. On motion by Director Green, seconded by Director Read, refund of trash assessment of $136.09 was approved. Motion carried: 5 -0 SOURCE REDUCTION AND RECYCLING ELEMENT /CA INTEGRATED WASTE MANAGEMENT PLAN: The Assistant Manager informed the Board that the preliminary draft was presented to all the committee members. The committee has until August to make comments for changes. There is a recycling booth at the fair this year so everyone was invited to stop by the booth. TREASURER'S REPORT Ms. Temple presented the financial report for June, 1991. After discussion and review, Director Reade made a motion, seconded by Director Green, and unanimously carried that the Financial Report for June 1991 be accepted as presented. The Board addressed the issue of whether payment after the occupancy report has Board but prior to the following month' was moved by Director Green, seconded by once the occupancy report is received Board, payment may be scheduled by t: earliest date possible after receipt of the trash hauler. Motion carried: 5 -0 it wanted to provide been accepted by the s Board meeting. It Director Reade, that and approved by the ze Treasurer at the -he monthly bill from Ms. Temple presented the 1991 -92 Preliminary District Budget. Ms. Temple explained that following the June meeting one Costa Mesa Sanitary District Minutes - -July 18, 1991 - -Page 6 change was made in the indirect cost. In the past indirect cost was prorated between sewer and trash based on a fair share. The indirect costs are more appropriately spread 50 -50 to the programs. Total Sewer and Trash Assessment is increased by 7 %. It is projected that the trash assessment will increase by 5 %. Director Sherrick questioned the method of paying the trash hauler with concern that the District pay prior to the work being done. Director asked that the staff go down the budget item by item, regarding the 50 -50 split, and make an assessment of what it actually is (percentage) . Mr. Brock said he had looked it over and felt that it was close to the 50 -50 split. Ms. Temple explained the occupancy count system. After discussion, it was moved by Director Reade, seconded by Director Green, that the 1991 -92 budget be adopted. Motion carried 5 -0. COMPENSATION CALCULATION FOR TRASH CONTRACTOR ENGINEER'S REPORT PROJECT STATUS REPORT Canyon Park Sewer Line — Project 1112100 -117 — The project is almost completed. The City issued a change order to Clayton Engineering, Inc. It was moved by Director Reade, seconded by Director Green, that the Sanitary District deposit with the City the total of $200,000 for this work. Motion carried 5 -0 Mr. Hamers informed the Board there had been a problem at South Coast Plaza pump station. A letter was mailed to South Coast Plaza regarding the problems. There was a construction problem in being below the water table with severed line. • In accordance with contract the following calculation for the Costa Mesa disposal was submitted, effective July 1, 1991. Consumer Price Index (Los Angeles /Riverside Area) Increase: Index as of May 1990 134.6 _ Index as of May 1991 140.8 Percentage increase 140.8 — 134.6 = 4.606% 134.6 • Basic Rate calculation: Last year's Basic Rate (Sec. IV) _ $6.1624 per occupancy (based on new method of counting occupancy) New Basic Rate $6.1624 + .04606 x 6.1624 = $6.4462 per occupancy Effective July 1, 1991, the rate shall be: $6.4462. It was moved by Director Reade, seconded by Director Ferryman, that the recommended July 1, 1991, rate be approved. Motion Carried: 5 -0 ENGINEER'S REPORT PROJECT STATUS REPORT Canyon Park Sewer Line — Project 1112100 -117 — The project is almost completed. The City issued a change order to Clayton Engineering, Inc. It was moved by Director Reade, seconded by Director Green, that the Sanitary District deposit with the City the total of $200,000 for this work. Motion carried 5 -0 Mr. Hamers informed the Board there had been a problem at South Coast Plaza pump station. A letter was mailed to South Coast Plaza regarding the problems. There was a construction problem in being below the water table with severed line. • Costa Mesa Sanitary District Minutes - -July 18, 1991 - -Page 7 wREVIEW OF PLANS BY DISTRICT ENGINEER 1920 Maple Avenue - It was moved by Director Sherrick, seconded by Director Ferryman, that no conflict of interest exists on this project. Motion carried:. 5 -0 Santa Ana Heights Sewer Improvements - Project No. 1112100 -109 Minutes of the Orange County Development Agency and City of Newport Beach were submitted to the Board to determine as to who is going to design the pumping station. After discussion and recommendation by Mr. Hamers, Director Reade made a motion, seconded by Director Green, that the Sanitary District adopt "Recommendation B ": "The Sanitary District not participate in any phases of design or inspection since the District does not desire ownership regardless of annexation. The District would, however, agree to design and inspect the improvements upon request by either the County or Newport Beach conditioned upon either the County or Newport Beach owning the facility." Motion carried: 5 -0 ATTORNEY'S REPORT - No report STATUS REPORT OF PENDING ITEMS - received and filed. Director Sherrick posed the situation of distribution of the Minutes. Are we in compliance with the Brown Act in our posting of the Minutes in front of City Hall and not the libraries? Director Sherrick requested a written opinion from Attorney June. SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY - Mr. Brock submitted billing for renewal of participation in the risk - financing programs of the Special District Risk Management Authority for.the program year August 1, 1991 through July 31, 1992, $29,289. It was moved by Director Green, seconded by Director Reade, that this renewal be approved. Motion carried: 5 -0 TRASH CONTRACT AMENDMENT Mr. Ray Rangel was present to discuss the proposed changes to the trash contract. He reminded the Board that at present there is one contract with three amendments. It was the recommendation of the Treasurer to consolidate the changes into the contract. The Treasurer said this would have no financial impact but would ease the administration of the contract. Attorney June reminded the Board that this would be the amendment to the contract that pertains to recycling. At the August meeting, staff will bring back an amended agreement of July 21, 1989, and revise the entire contract with any future amendments. Costa Mesa Sanitary District Minutes - -July 18, 1991 - -Page 8 SEWER SERVICES PROVIDED BY COSTA MESA SANITARY DISTRICT FOR TRACT NOS. 4444 AND 3801. Mr. Brock reminded the Board that in 1979 the District entered into an Agreement with the City of Newport Beach to provide sewer services to the above -named tracts. A letter has been directed to the City Manager informing him that the District intends to make an adjustment in the annual $11.25 per single family dwelling unit charge to $17.01 per dwelling unit for this year and will adjust yearly to the District's current rate for single - family residential. Upon motion by Director Wahner, seconded by Director Ferryman, this rate increase was approved. Motion carried: 5 -0 WARRANT REPORT 92 -01 The directors called to the attention of staff that only one meeting was reflected on the warrant list. Director Green made a motion, seconded by Director Reade, authorizing the President and Secretary to sign Report No. 92 -01, as corrected, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $584,884.04. Motion carried: 5 -0 STUDY SESSION REPORT A study session was held on June 25, 1991, to discuss the 1991 -92 preliminary budget. In attendance were Directors Wahner, Ferryman, Reade and Sherrick. Staff members attending were Messrs. Brock, and June; Mmes. Temple, Theriault and Reichle. NEXT MEETING It was moved by Director Reade, seconded by Director Wahner, that the August meeting of the District be adjourned to August 15, 1991, at 7 :30 p.m. Motion carried 5 -0. ADJOURNMENT Upon motion by Director Reade, seconded by Director Wahner, and carried the meeting adjourned at 9.5n - m � 1 President