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Minutes - Board - 1993-12-09 (2)j • COSTA MESA SANITARY DISTRICT Minutes .of Board of Directors Meeting held December 9, 1993 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on December 09, 1993, 7:30 p.m., at the Civic Center, 77' Fair Drive, Costa Mesa. Director Wahner called the meeting to order at 7:30 p.m. Director Perry led the Pledge of Allegiance. Director Reade gave the Invocation. Roll Call: Directors Present: James Wahner, Nate Reade, James Ferryman, Art Perry, Mike Scheafer. Staff Present: Roy June, Attorney; Robin Hamers, Manager/Engineer; Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist; Susan Temple, Finance/ Treasurer. Others Present: Dolores Otting, Five Star Rubbish; Richard Avard, property owner representative; Susan M. Connelly, Recording Secretary. President Wahner welcomed guests Dolores Otting, of Five Star Rubbish; and Richard Avard, property owner representative. MINUTES OF NOVEMBER 18,1993: The minutes of November 18, 1993, were approved unanimously as presented. WRITTEN COMMUNICATIONS: Mr. Hamers presented an article from The Orange County Register regarding the City's potential consolidation of the Sanitary District. Mr. Hamers announced a farewell luncheon for the present Executive Director of Orange County LAFCO, James Colangelo, who will be taking the position as Executive Officer of Los Angeles LAFCO. Mr. Hamers, Ms. Reichle, and Ms. Guastella will be attending and interested Board members are invited. Reservations for the luncheon will be handled by Ms. Reichle. Mr. Hamers presented the Costa Mesa City Newsletter & Recreation Information quarterly brochure, Winter 1993 -1994. He referred to two pages: page 8, containing information for backyard composting and recycling; and page 9, containing information for the Telephone Book and Christmas Tree Recycling Program. Reported that Ms. Reichle had been instrumental in designing the layout, and. that the advertisement had been purchased at an inexpensive rate. COSTA MESA SANITARY DISTRICT Page 2 Minutes - Board of Directors Meeting held December 9, 1993 • Mr. Hamers presented a press release dated Monday, October 4, 1993. The United States Environmental Protection Agency awarded the County Sanitation Districts of Orange County with a first place national environmental award for wastewater management excellence. The award is the result of an extensive national competition designed to promote and recognize outstanding achievements in water pollution control. The EPA also gave recognition to the sanitation agency for their demonstrated innovative and cost - effective programs. President Wahner directed staff to prepare a congratulations letter to the Orange County Sanitation District in appreciation for their tremendous efforts. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Hamers reported a decrease of 32 units for solid waste collection as of December 1, 1993; therefore, the total for December is 22,345. Staff recommended the Board direct staff to prepare a warrant to Costa Mesa Disposal on January 1, 1994, for payment for December trash collection based on the occupancy report so long as contractor fulfills obligations of agreement. Motion to accept occupancy report as given so made by Director Reade, seconded by Director Ferryman. Motion carried 5 -0. Motion to prepare • a warrant in the amount of $153,554.84 to Costa Mesa Disposal on January 1, 1994, so made by Director Ferryman, seconded by Director Reade. Motion carried 5 -0. REFUNDS: Director Perry suggested to modify the current application fee for reimbursement by requiring applicants to include a receipt verifying their payment of taxes. Mr. June reported that without a receipt verification, the potentiality of a foreclosure would result in burdening a subsequent owner with payment of the delinquency. Ms. Guastella considered the fact that tax bills are paid in two installments and questioned whether refund requests would be processed with evidence of one or both payments. Mr. Hamers suggested requiring evidence in accordance with what should have been paid at the time of the request. Ms. Temple considered parties with impounded taxes having no evidence of payment. President Wahner requested staff to research this subject and present a report at the next regular meeting. Motion to research the options of requiring evidence of tax bill payment to process a refund so made by Director Perry, seconded by Director Scheafer. Motion carried unanimously. It was agreed by the Board to process refunds in accordance with present policy until a new policy is established. 0 COSTA MESA SANITARY DISTRICT Page 3 • Minutes - Board of Directors Meeting held December 9, 1993 Sidney Locke, 9474 Jasmine Circle Fountain Valley CA 92708 Mr. Hamers presented a request for refund of trash assessment fees on the property located at 224 Avocado Street, Assessor's Parcel No. 419- 012 -18 for the tax year 1993- 1994. Owner is using a private trash service and was unaware of exemption form. Staff recommended refund of 1993 -1994 tax year in accordance with District policy in the amount of $2,166.15. Motion so made by Director Ferryman, seconded by Director Reade. Motion carried 5 -0. Dean Boddy, 6041 Doyle Drive Huntington Beach CA 92647 Mr. Hamers presented a request for refund of trash assessment fees on the property located at 2257 Pomona Avenue, Assessor's Parcel No. 422 - 372 -29 for the tax year 1993- 1994. Owner is using a private trash service and was unaware of exemption form. Staff recommended refund of 1993 -1994 tax year in accordance with District policy in the amourit of $577.64. Motion so made by Director Reade, seconded by Director Ferryman. Motion carried 5 -0. William Tassio c/o William Tassio • Mr. Hamers presented a request for refund of overcharged trash and sewer assessment fees on the property located at 745 West 18th Street, Assessor's Parcel No.424- 052 -01 for the tax years 1992 -1993 through 1993 -1994. Owner is being billed for 4 units and should be billed for 3 units. Staff recommended refund of 1992 -1993 through 1993 -1994 tax years in accordance with District policy in the amount of $322.24. Motion so made by Director Ferryman, seconded by Director Scheafer. Motion carried 5 -0. Rodney Brown, 2233 Heather Lane Newport Beach CA 92660 Mr. Hamers presented a request for refund of overcharged trash and sewer assessment fees on the property located at 2426 Elden Avenue, Assessor's Parcel No. 439 -291 -44 for the tax years 1992 -1993 through 1993 -1994. Owner is being billed for 6 units and should be billed for 4 units. Staff recommended refund of 1992 -1993 through 1993 -1994 tax years in accordance with District policy in the amount of $644.48. Motion so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. Rodney Brown, 177 -F Riverside Drive Newport Beach CA 92663 Mr. Hamers presented a request for refund of overcharged trash and sewer assessment fees on the property located at 2643 Orange Avenue, Assessor's Parcel No. 439- 221 -39 for the tax years 1992- 1993 through 1993 -1994. Owner is being billed for 11 units and should be billed for 6 units. Staff recommended refund of 1992 -1993 through 1993 -1994 tax years in accordance with District policy in the amount of $1,611.20. Motion so made • by Director Ferryman, seconded by Director Perry. Motion carried 5 -0. i COSTA MESA SANITARY DISTRICT Page 4 • Minutes - Board of Directors Meeting held December 9, 1993 Gladys Avard c/o Richard Avard, 10461 Margarita Avenue, Fountain Vallev, CA 92708 Mr. Hamers presented a request for refund of trash assessment fees on the property located at 1730 Santa Ana Avenue, Assessor's Parcel No. 425- 012 -02 for the tax years 1984 -1985 through 1993 -1994. Owner is using private trash service and was unaware of exemption forms. Mr. Avard spoke on his behalf stating that he was not aware or notified of the tax exemption. Commented that he is usually notified by a post card about anything significant concerning the property, such as zoning. Stated that the trash bins were in place when they had purchased the building, and he assumed the responsibility of making pick -up arrangements. Mr. Hamers stated that if Mr. Avard had a City business license he would have been notified of this exemption in approximately five different ways. It was clarified that the bill from Costa Mesa Water District included notification. President Wahner noted the former District policy did not grant refunds to any party who had not filed for the exemption. District policy was modified in effort to notify the public of the exemption; as a result, limits had been set limiting refunds from tax fiscal year 1990 -1991 to present. Mr. June explained that the Sanitary District assessment law requires that the District post • notification in the newspaper twice. Added efforts were made by the Costa Mesa Sanitary District by including notice in the City Newsletter, with the City business license licensure renewal, and the Water District bill. Stated that once the trash assessment exemption is filed, the exemption stands for the life of the property. Mr. Hamers reviewed the request and concluded that there were no special circumstances; therefore, staff recommended refund of current fiscal tax year 1993 -1994 in accordance with District policy in the amount of $722.05. Motion so made by Director Perry, seconded by Director Reade. Motion carried 5 -0. Briggs Investment Group, 27758 Santa Margarita Parkway, No. 292, Mission Viejo, CA 92679 Mr. Hamers presented a request for refund of Orange County Sanitation District trash assessment fees on the property located at 2543 -2557 Santa Ana Avenue, a 20 -unit townhouse project. Owner is canceling project due to economic difficulties. Staff recommended approval of refund in the amount of $21,150 noting the refund will not come out of District's funds, for these fees were directly transferred to O.C.S.D. Motion so made by Director Perry, seconded by Director Ferryman. Motion carried 5 -0. It was questioned if the O.C.S.D. would consider refunding the money directly to the applicant rather than the District refunding the money since the District has to wait for additional fees to be deposited to offset the refund. President Wahner requested a report on this item by Ms. Temple to be presented at the next regular meeting for discussion. • COSTA MESA SANITARY DISTRICT Page 5 • Minutes - Board of Directors Meeting held December 9, 1993 SOURCE REDUCTION AND RECYCLING ELEMENT CA - INTEGRATED WASTE MANAGEMENT: STATUS OF CITY'S WASTE PROGRAM: Mr. Hamers stated there was nothing to report. SRRE EDUCATIONAL PROGRAM: Mr. Hamers stated that these items were already discussed concerning the City Newsletter, pages 8 and 9. WASTE DIVERSION REPORT FOR NOVEMBER 1993: Mr. Hamers reported 25.13 percent waste diversion for the month of November. Total Tonnage: 2,756.56 Tonnage Recycled: 692.82 Staff recommended acceptance of the CR Transfer report. Motion to approve the report as presented so made by Director Ferryman, seconded by Director Perry. Motion carried unanimously. SPECIAL RECYCLING PROGRAMS: 5TH ANNUAL TELEPHONE BOOK and 4TH ANNUAL CHRISTMAS TREE: Mr. Hamers reported that the program was moving along as scheduled. Ms. Reichle reported that due to delayed distribution of the telephone books, the telephone book program was being extended one week. Will notify Pacific Bell of the extended program. Ms. Reichle presented the flyer promoting the 4th Annual Christmas Tree Recycling Program providing dates, times, instructions, and the Resource Recovery Hotline phone number. LOCAL AGENCY FORMATION COMMISSION REPORT: SPECIAL DISTRICT SEATING: Mr. Hamers reported that President Wahner and Director Reade attended an ISDOC meeting on December 2, 1993. The Special District Selection Committee formed the Special District Advisory Committee, which voted on the Latent Powers now known as Rules and Regulations governing special districts. President Wahner voted to adopt this article known as Article IV, Special District Rules and Regulations, with the special technical changes that were suggested at the meeting. A copy of these changes will be COSTA MESA SANITARY DISTRICT Page 6 / Minutes - Board of Directors Meeting held December 9, 1993 • forthcoming for review by Mr. June, C.M.S.D. attorney. The next meeting of the Special District Selection Committee is tentatively scheduled for January 13, 1994, at 8:00 a.m. President Wanner will attend as representative for C.M.S.D. Upon an approval of Article IV by LAFCO, two Special District Representatives and an alternate will be nominated and elected to serve on the LAFCO Commission. The Board will be notified as to the exact time and location of the meeting. TREASURER'S REPORT: FINANCIAL REPORT: Ms. Temple presented the report dated November 30, 1993. Ms. Temple reported that as of November 30, 1993, assessment money had not been received for the first installment, however, a partial payment was expected soon. Motion to accept as presented made by Director Reade, seconded by Director Perry. Motion carried 5 -0. TREASURER'S REPORT FOR THE MONIES ON DEPOSIT: Ms. Temple stated that there was nothing to report. Motion to accept as presented the report dated October 1993, so made by Director Perry, seconded by Director Scheafer. Motion carried unanimously. • C.R. TRANSFER - ANNUAL RATE INCREASE: Ms. Temple reported on the Annual Rate Increase for the recycling contract. Stated there is a 3 percent minimum Consumer Price Index adjustment. The provision required an increase of $.51 per ton for a base figure of $17.55 per ton, and total amount of $35.45 per ton. Staff recommended an approval of the increase in the recycling contract with CR Transfer, Inc. Motion to approve the rate of $35.45 per ton so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers presented the report. Motion to receive and file the report as presented so made by Director Ferryman, seconded by Director Reade. Motion carried unanimously. DEVELOPMENT UPDATE: Mr. Hamers stated there was nothing to report. REVIEW OF SEWER PLANS: Mr. Hamers stated there was nothing to report. • COSTA MESA SANITARY DISTRICT Page 7 Minutes - Board of Directors Meeting held December 9, 1993 ATTORNEY'S REPORT: CITY /DISTRICT AGREEMENT: Mr. June reported the actions taken by the City Council at their last regular meeting: 1) signed the City/District operating agreement, 2) moved forward with their proposal to consolidate the District. A City Council study session was scheduled for February 14, 1994, at 4:00 p.m. The Board and staff discussed issues concerning City Council meetings: 1) The City Council's level of understanding of the LAFCO process; 2) The importance of having someone from C.M.S.D. at every City Council. meeting; 3) Scheduling a study session before next City meeting, February 14, 1994. Mr. Hamers reported that the City Council study session has an agenda and the Mayor usually presides over the meeting. Study sessions are usually attended by the City Manager, City Attorney, and some department heads. The study session on February 14, 1994, will also be attended by the Director of Public Services and his Assistant. A motion giving the Manager the responsibility to assure someone's attendance at every City Council meeting where Sanitary District business is discussed, so made by Director Scheafer, seconded by Director Reade. Motion carried unanimously. Mr. Hamers stated that the City/District Agreement is ready for signature and approval. The term of the agreement is one year. If a study is performed to determine if the District is more cost - effective independently, it would require a one -year notice to the City. Mr. Hamers reminded the Board the importance of finalizing this agreement due to the old agreement's language, giving the City all rights and ownership of the sewer system. Mr. June stated that any attempted modifications to the present contract might have a negative result; also informed failure to execute agreement by next regular City Council meeting may result in City's cancellation. Motion to sign the City/District Agreement so made by Director Reade, seconded by Director Scheafer. Motion carried 3 -2. Motion made directing staff to request a separate meeting with the City Council to discuss the issue of consolidation so made by Director Ferryman, seconded by Director Perry. Motion carried unanimously. Mr. Hamers reported that he and Ms. Reichle were interviewed by Channel 3 earlier that day, and its content will most likely be aired the following day. Mr. Hamers stated that his comments were geared at showing the position of C.M.S.D. on this issue and Ms. • Reichle's comments reflected the long and harmonious relationship between the District and the City. COSTA MESA SANITARY DISTRICT Page 8 Minutes - Board of Directors Meeting held December 9, 1993 • It was agreed upon to schedule two study sessions prior to the regular study session of the City Council set for February 14, 1994. It was agreed to schedule a study session for Tuesday, January 4, 1994, at 11:30 a.m. to discuss the options of consolidation of both residential and commercial trash and becoming independent from the City. Ms. Reichle will notify Board and staff of the location of the meeting. OLD BUSINESS: STATUS OF PENDING ITEMS: Mr. Hamers presented the report. NEW BUSINESS: BROWN ACT REVISIONS: Mr. June reported that the Legislature, both the Senate and the Assembly, have passed major revisions to the Brown Act, effective April 1, 1994. Revisions consist mostly of stricter limits on actions allowed in closed committee and board meetings. WARRANT REPORT: Motion was made by Director Perry, seconded by Director Scheafer, authorizing the President and Secretary to sign Report No. 94 -06, instructing the Finance Director to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $349,360.48. Motion carried 5 -0. ORAL COMMUNICATIONS: Director Ferryman, on behalf of his wife, thanked the Board and staff for the flowers. The next regular Board meeting will be held on Thursday, January 13, 1994. ADJOURNMENT: At 8:58 p.m. Director Wahner adjourned the meeting. President Secretary • i