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Minutes - Board - 1993-11-184 COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Meeting held November 18, 1993 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on November 18, 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, Art Perry, Mike Scheafer. Directors Absent: James Perryman, excused absence. Staff Present: Roy June, Attorney; Robin Hamers, Manager/ Engineer; Florine Reichle, Assistant Manager/ Clerk of the District; Susan Temple, Treasurer; Dawn Guastella, Permit Specialist. Others Present: Mr. and Mrs. Otting, Mr. Blindell, President • of the 302 East 16th Street Homeowners' Association; Susan Connelly, Recording Secretary. MINUTES OF OCTOBER 14,1993: The minutes of October 14, 1993, were approved unanimously as presented. WRITTEN COMMUNICATIONS: Mr. Hamers presented a thank you letter from Susan Temple, the Director of Finance, which expressed appreciation for the flower arrangement in honor of her mother. Mr. Hamers presented an excerpt from the Orange County Register. After having it brought to the newspaper's attention, it attempted to correct errors made in a previously published article. Lost confidence in the newspaper's integrity was expressed. Mr. Hamers presented a letter from Diane Semanko, the previous Recording Secretary, expressing her appreciation and stating that the group was the best with whom she has ever worked. • a COSTA MESA SANITARY DISTRICT Page 2 ! Minutes - Board of Directors Meeting held November 18, 1993 President Wahner welcomed Susan Connelly, the present Recording Secretary. Mr. Hamers reported a study session held on November 8, 1993, which was attended by all five Directors; and a meeting held on this recording day, November 18, 1993, at Local Agency Formation Commission attended by President Wahner. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Hamers reported as of November 1, 1993, there was a decrease of 1 unit; therefore, the total for November is 22,377. Staff recommends that the Board direct staff to prepare a warrant to Costa Mesa Disposal on December 1, 1993, for payment of November trash collection based on this occupancy report so long as contractor fulfills obligations of agreement. Motion to accept the occupancy report as given, made by Director Reade, seconded by Director Perry. Motion carried 4 -0. Motion to prepare the warrant on December 1, 1993, for $153,774.74 to Costa Mesa Disposal made by Director Reade, seconded by Director Scheafer. Motion carried 4 -0. REFUNDS: • Ronald Lowe, 833 Dover No. 16, Newport Beach, CA 92663 Mr. Hamers presented a request for a refund of trash and sewer assessment fees on the property located at 763 Hamilton, Assessor's Parcel No. 422 - 281 -02, for overcharged payment of tax years 1992 -1993 and 1993 -1994. Owner charged for five units, should be charged for four units. Staff recommended in accordance with District policy to refund 1992 -1993 and 1993 -1994 overcharged trash and sewer assessment fees in the amount of $322.24. Motion so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. Sharon Blindell, 302 East 16th Street Unit C, Costa Mesa, CA 92627 Mr. Hamers presented a request for a refund of trash assessment fees on the property located at 302 East 16th Street, Assessor's Parcel No. 425 - 211 -22, a total of 8 units, for tax years 1992 -1993. Mr. Hamers reported that the Blindell's and the other owners of the 302 East 16th Street Homeowners' Association, consisting of 8 units, were prepared to move into the development. The developer, Lloyd Miles Development, obtained occupancy without having recorded the tract map creating 8 separate lots; therefore, the 8 units were reflected on the tax bill as one parcel. w • COSTA MESA SANITARY DISTRICT Page 3 Minutes - Board of Directors Meeting held November 18, 1993 One week prior to the closing of escrow, the new homeowners were notified that the developer was negligent in paying any taxes on the development, and he had not filed for an exemption to waive trash assessment fees. The developer could not be located or contacted. The new homeowners were ineligible to file for any exemptions until close of escrow. The new homeowners took responsibility for these taxes, although the development remained under the ownership of the developer. Each paid 1/8 of the total amount to escrow for paying the tax bill. . Mr. Hamers reported that during efforts to pay their second installment of 1992 -1993 taxes, the homeowners discovered a trash assessment fee for $1139.12. Homeowners were using a private trash service, 5 Star Rubbish, between November 1, 1992 through June 30, 1993. According to board policy, refunds are generally given only for the current tax year, in this case 1993 -94, and staff recommended to deny the requested refund. Staff recognized that the homeowner's recourse is with the developer. Mr. Blindell, a guest at the meeting and the President of the 16th Street Homeowners' Association reported that since the lots had not been sold properly, the banks forced issue of sale which brought in a court receiver prior to the ending of 1992. Court receiver eventually arranged an auction of the homes held on August 29, 1993. The new homeowners dealt only with the court receiver,-and not the developer. Homeowners were notified one week prior to the closing of escrow of the developer's negligence to pay the taxes on the development or file any of the proper paper work. Mr. Hamers reported that the irregular tax bill was paid in the entire amount, but not in the homeowners names. The only evidence warranting a refund to the homeowners in lieu of having a tax bill in another's name, is copies of each of the 8 parties canceled check, showing 1/8 of the total amount given to the escrow company. Mr. Hamers reported that a correction notice was filed with the County for the tax year 1993 -1994. This correction notice will waive the trash assessment from this tax bill. The Board of Directors agreed that these homeowners experienced an exceptional hardship. A motion to grant the refund request of $1,139.12 for trash collection for the 1992 -1993 tax year with checks made out to each of the individual homeowners for 1/8 of the amount paid so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT Page 4 Minutes - Board of Directors Meeting held November 18, 1993 D.M.K. Inc., 15 Corporate Park, Irvine, CA 92714 Mr. Hamers presented a request for a refund for fixture fee credit at property address 340 Fischer, for the 1993 -1994 tax year in the amount of $585.00, less $15.00 administrative fees. Staff recommends in accordance with District policy to refund the amount of $570.00. Motion so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. 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 reminded the Board that the Costa Mesa quarterly will be coming out in December with articles containing information about the telephone book recycling program, the Christmas tree program, and how to do home composting. WASTE DIVERSION REPORT FOR OCTOBER 1993: Mr. Hamers reported 25.11% waste diversion for the month of October. Total Tonnage: 2,471.60 Tonnage Recycled: 620.55 Staff recommends acceptance of the report. Motion so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. SPECIAL RECYCLING PROGRAMS: FIFTH ANNUAL TELEPHONE BOOK Mr. Hamers updated the Board on the forthcoming Fifth Annual Telephone Book Recycling Program. He presented the flyer promoting the program, which listed all the drop -off bin locations. Approximately 17,000 printed flyers were distributed, along with posters, to apartment complexes, libraries, grocery stores, schools, and various locations. ri • U i COSTA MESA SANITARY DISTRICT Page 5 • Minutes - Board of Directors Meeting held November 18, 1993 Ms. Reichle also presented the recycled ballpoint pens. President Wahner complimented and thanked Ms. Reichle for her commitment and hard work on the program. FOURTH ANNUAL CHRISTMAS TREE Mr. Hamers updated the Board on the Annual Christmas Tree Program. Reported that the usual arrangements have been made and that the City is providing the manpower related to chipping the trees and taking the mulch. Mr. June reported that the City's aforementioned service is included in the AB 939 contract signed by the City, but not yet signed by the Board. Mr. Hamers reported that the City is using a consultant, Americlean, to take over some of their duties. As a result, changes made to the existing program have taken place. Ms. Reichle reported that one major change included the elimination of a drop -off open to the public; it will be available only to the haulers, whom will be contacted by mail to request their participation. Public access required traffic control, which has been discontinued in an effort to cut costs. Concerns of the biomass procedures used, such as burning the trees, were discussed. It was decided that the subject needed further research to determine the eventual disposition of the trees.. TREASURER'S REPORT: FINANCIAL REPORT: Ms. Temple presented the financial report dated October 31, 1993. She referred to the report on page 2, schedule B. Statement showed revenues at approximately $72,000, and spending at approximately $940,000. Ms. Temple stated that this will give a negative cash flow until January and February. Motion to accept as presented so made by President Wahner, seconded by Director Reade. Motion carried 4 -0. The report was received and filed. TREASURER'S REPORT FOR THE MONIES ON DEPOSIT: Ms. Temple presented the report showing the District's portfolio including the ® types of investments, institutions, maturity dates, and interest rates for the COSTA MESA SANITARY DISTRICT Page 6 Minutes - Board of Directors Meeting held November 18, 1993 • month of September 1993. Motion to accept as presented so made by Director Perry, seconded by Director Scheafer. Motion carried 4 -0. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers presented the Project Status Report dated November 1, 1993. Motion to receive and file approved unanimously. DEVELOPMENT UPDATE: Mr. Hamers stated that there was nothing to report. REVIEW OF SEWER PLANS: Mr. Hamers reported that the District Engineer signed a plan at 2323 Santa Avenue as private engineer and District Engineer for the Costa Mesa Sanitary District. The project was the reuse of an existing sewer lateral. The review • showed the lateral located properly and verified all fees were paid. Motion made to declare no conflict of interest was made by Director Scheafer, seconded by Director Perry. Motion carried 4 -0. ATTORNEY'S REPORT: CITY/DISTRICT AGREEMENT: Mr. June reported that he met with Tom Kathe, City Attorney, on Tuesday, November 16, 1993, concerning the City/District Agreement. The City will be considering ' the agreement at the next regular City Council meeting. Mr. Kathe stated that it was of his opinion that the agreement would be signed and approved at that time. Mr. Hamers reported the discussions held at the District study session where the Board considered hiring an independent third party to perform a study of the trash contract. The study would reflect whether the District's hauler is charging reasonable fees and providing adequate service. Mr. Hamers suggested to the Board a delay in hiring an independent third party for at least 30 to 60 days. Recommended that staff be given the opportunity to make the study. Motion to allow staff to perform the study of • COSTA MESA SANITARY DISTRICT Page 7 • Minutes - Board of Directors Meeting held November 18, 1993 the trash contract was so made by Director Reade, seconded by Director Perry. No opposition was made and the motion carried unanimously. AB 939 AGREEMENT: Mr. June presented the final contract approved and signed by the City. Staff recommends that the Board make an approval and authorization to sign. Motion for approval of the agreement as presented and authorization to sign so made by Director Scheafer, seconded by Director Perry. Motion carried 4 -0. OLD BUSINESS: STATUS OF PENDING ITEMS: Mr. Hamers presented the report. SURVEY REPORT RESULTS: Mr. Hamers reported that 2,020 (9 percent) of the survey cards were returned. The residents were extremely supportive of all the programs and satisfied with the level of service. Indicated that more programs would be welcomed by the public. Also noted that 414 people took the time to write personal notes expressing their gratitude for a job well done. Staff will be using the survey results to plan the District's SRRE education program and to determine which topics should be covered in city -wide publications. NEW BUSINESS: CRT ANNUAL INCREASE: CR TRANSFER -- ANNUAL CONSUMER PRICE INDEX (CPI) INCREASE IN RECYCLING CONTRACT: Ms. Temple reported that the CPI for Pacific Cities and U.S. City Average shows 1.9 percent ending September 1993. This represents an increase of $.32 per ton, or a new base figure of $17.36 per ton, and total amount of $35.26 per ton. Staff recommended to approve the increase in the recycling contract with CR Transfer, however, action was delayed in order to review the contract for the minimum CPI increase requirement. COSTA MESA SANITARY DISTRICT Page 8 Minutes - Board of Directors Meeting held November 18, 1993 • CSDA MEMBERSHIP RENEWAL: Mr. Hamers presented the statement for the 1994 California Special Districts Association membership renewal fee. Motion to pay the required amount so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. WARRANT REPORT: Motion was made by Director Perry, seconded' by Director Scheafer, authorizing the President and Secretary to sign Warrant Report No. 94 -05 instructing the Finance Director to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $317,132.89. Motion carried 4 -0. ORAL COMMUNICATIONS: President Wahner reported on the November 18, 1993 meeting he attended with LAFCO and the Independent Special Districts of Orange County, held at the Board Hearing Room in Santa Ana, concerning the procedure for seating special district representatives on the LAFCO Board. President Wahner reported that he voted to elect Jim Evans as President of the Independent Special District Selection Committee. President Wahner voted on behalf of the Sanitary District to accept the LAFCO resolution. URGENCY MATTER: ACTION NEEDED BEFORE NEXT REGULAR MEETING Because of the urgency of all Districts to participate in a special meeting of Local Agency Formation Commission and Independent Special Districts Association, motion was made by Director Perry, seconded by Director Scheafer, and carried unanimously to declare the following urgent items of business be added to the agenda. Motion was made to ratify the vote for Jim Evans as President of the Independent Special District Selection Committee so made by Director Perry, seconded by Director Scheafer. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT Page 9 Minutes - Board of Directors Meeting held November 18, 1993 Motion to ratify Independent Special District's Selection Committee's approval of the LAFCO resolution so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. President Wahner noted the need for a representative, and requested the presence of the Manager at the next ISDOC meeting. Motion to appoint President Wahner as the representative for the Sanitary District on the Independent Special District Selection Committee so made by Director Perry, seconded by Director Scheafer. Motion carried 4 -0. The next ISDOC meeting will be held on December 2, 1993. Items discussed will be: 1) Latent Powers Agreement 2) Process for selecting Independent District's Representative on LAFCO. The selection of two representatives will, be done at the January meeting. President Wahner requested that a copy of the resolution and all information concerning the December 2, 1993 meeting be sent to each member of the Board of Directors. 0 ADJOURNMENT: President Wahner adjourned the meeting at 8:28 p.m. Presi ent Secretary •