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Minutes - Board - 1996-04-170 COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held April 17, 1996 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on April 17, 1996, at 12:00 noon, in Conference room 3 —A at the Civic Center, 77 Fair Drive, Costa Mesa. Director Ferryman called the meeting to order at 12:00 noon Director Schafer led the Pledge of Allegiance. A period of silence was observed in remembrance of former Director, Mr. Harry Green. Director Reade.gave the Invocation. Roll Call: Directors Present: James Ferryman, Arthur Perry, Nate Reade, Arlene Schafer, Dan Worthington. Staff Present: Robin Hamers, Manager/Engineer; Alan Burns, General Counsel; Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist; Joan Revak, • Administrative Secretary; Susan Temple, Treasurer; Reba Coulter, Finance. Others Present: Mr. Jerome M. Bame, 10055 Slater Ave, Suite 250, Fountain Valley, 92708, Counsel for Mr. Charles Chen; Ms. Eugenia Tsai, 9178 Molt River Ave, Fountain Valley, CA 92708, property owner. ATTORNEY'S REPORTS Resolution No. 96 -584 — Revises Refund Policy for Trash Collection and Sewer Service Charges Mr. Burns, General Counsel, presented Resolution No. 96 -584, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COUNTY OF ORANGE, CALIFORNIA, ESTABLISHING A COMPREHENSIVE POLICY FOR SEWER AND TRASH REFUNDS. Director Reade motioned to adopt Resolution No. 96 -584 allowing certain trash and sewer refunds to go back for a period of three years and in accordance with the State statute of limitations which stipulates refunds can only be approved for a three —year period. Director Perry seconded. Motion carried 5 -0. 0 4 COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 2 • CONSENT CALENDAR On motion by Director Schafer, seconded by Director MOTION /Approved Reade, and carried 5 -0, Consent Calendar items IV through IV.B.3.a., with exception of Item IV.B.1.c.5, were approved as recommended. MINUTES Approved Minutes of The minutes for the regular meeting of March 14, 1996, Regular Meeting, were approved as distributed. March 14, 1996 Approved Minutes of The minutes for the special meeting of March 25, 1996, Special Meeting, were approved as distributed. March 25, 1996 REPORTS MANAGER'S REPORTS • Approved Occupancy Report The Trash Occupancy Count reflected a decrease of 35 and payment of units in the occupancy report for solid waste collection as $158,461.22 to Costa Mesa of April 1, 1996. Therefore, the total for April is 21,909. Disposal for trash collection Board directed Staff to prepare a warrant for $158,461.22 services for April 1996 to Costa Mesa Disposal on May 1, 1996, for payment for April trash collection based on the April count of 21,909. SEWER OCCURRENCE — ROBERT FINNEGAN Approved payment of $500 Mr. and Mrs. Robert Finnegan, owners of property located to Robert Finnegan for at 135 Magnolia, a six —unit apartment complex, contacted District's share of the District to clear the main sewer line after two plumbers reimbursement were unsuccessful in clearing a stopped —up toilet. Mr. and Mrs. Finnegan seek reimbursement in the amount of $584.00 for the cost of the plumbers. The insurance authority reimbursed $84.00. REFUND REQUESTS Approved refund of $95.58 to Harold Cozen in is accordance with the statute of limitations Mr. Harold Cozen submitted a sewer refund request dated March 21, 1996, for property located at 700 Randolph, a vacant parcel, Assessor's Parcel No. 418 - 174 -04, requesting refund of $127.44 for fiscal years 1992 -93 to 1995 -96. The parcel is a vacant lot. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 3 requesting refund of $127.44 for fiscal years 1992 -93 to 1995 -96. The parcel is a vacant lot. Approved refund of $617.79 Mr. Harold Cozen submitted a sewer refund request dated to Harold Cozen March 21, 1996, for property located at 710 Randolph, a vacant parcel, Assessor's Parcel No. 418- 174 -03, requesting refund of $617.79 for fiscal years 1993 -94 to 1995 -96. The parcel is a vacant lot. Approved refund of Mr. Jerome Doidge submitted a trash refund request dated $2,273.40 to Jerome Doidge February 10, 1996, for property located at 1995 Maple in accordance with the Avenue, a five —unit parcel, Assessor's Parcel No. 422-141 — statute of limitations 03, requesting a refund of $4,094.42 for fiscal years 1990- 91 to 1995 -96. Mr. Doidge uses a private disposal service and was unaware of exemption forms. Approved refund of Mr. Jerome Doidge submitted a trash refund request dated $2,273.40 to Jerome Doidge February 10, 1996, for property located at 1999 Maple in accordance with the Avenue, a five —unit parcel, Assessor's Parcel No. 422 -141- • statute of limitations 02, requesting a refund of $4,094.42 for fiscal years 1990- 91 to 1995 -96. Mr. Doidge uses a private disposal service and was unaware of exemption forms. Approved refund of Mr. Paul Miller submitted a trash refund request dated $1,818.72 to Paul Miller March 14, 1996, for property located at 1552 Coriander, a four —unit parcel, Assessor's Parcel No. 139 - 491 -20, requesting a refund of $1,818.72 for fiscal years 1993 -94 to 1995 -96. Mr. Miller was using a private disposal service and was unaware of exemption forms. Approved refund of Mr. Paul Herrick, Trustee, Andrew & Claudia Smith $,3,182.76 to Claudia Smith Revocable Trust, submitted a trash refund request dated in accordance with the March 19, 1996, for property located at 2446 Elden statute of limitations Avenue, Assessor's Parcel No. 439 - 291 -03, requesting a refund of $4,179.49 for fiscal years 1992 -93 to 1995 -96. A private disposal service was being used and no exemption form was filed. Approved refund of $45.50 V.N.E. Development was issued a sewer permit in error for to V.N.E. Development property located at 120 23rd Street. The new permit number is #2733. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 4 • Approved refund of $410.00 V.N.E. Development paid fixture fees in error on property to V.N.E. Development located at 120 23rd Street. The new permit number is #13290 - 13295. Approved refund of $205.00 V.N.E. Development paid fixture fees in error on property to V.N.E. Development located at 120 23rd Street. The new permit number is #13290 - 13295. RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for March 1996 showing a March 1996 was received 31.15% diversion rate was received and filed. and filed Approved Contract Payment to CR Transfer for $121,810.23 Safety Committee Meeting ® Minutes -March 19, 1996 Approved Safety Committee Minutes, March 19, 1996 TREASURER'S REPORTS The Board approved contract payment to CR Transfer for recycling services and disposal for the month of March 1996 in the amount of $121,810.23. The minutes for the Safety Committee Meeting of March 19, 1996, were approved as distributed. Financial Report as of The Financial Report as of March 31, 1996, was accepted March 31, 1996, was as submitted. received and filed Report of Monies on The Report of Monies on Deposit as of March 31, 1996, Deposit as of March 31, was accepted as submitted. 1996, was received and filed Approved Warrant 96 -10 Warrant Resolution #CMSD 96 -10 was approved, for April 1996, in the authorizing the President and Secretary to sign the warrant amount of $435,275.03 and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $435,275.03. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 5 0 ENGINEER'S REPORTS Project Status Report was The Project Status Report for April 1, 1996, was accepted received and filed as submitted. REFUND REQUESTS MR. JAMES TSAI Mr. Hamers reported a refund request from Mr James Tsai, dated March 3, 1996, for trash collection charges in the amount of $12,525.78 for the fiscal years 1986 -87 through 1995 -96, for property at 2014 Maple Avenue, a fourteen —unit parcel, Assessor's Parcel No. 422 - 092 -25. Mr. Tsai was using private disposal services and no exemption form was filed. Ms. Tsai was in attendance at the meeting and expressed her request for refund, advising the Board the Tsai's were unaware of the exemption form. Mr. Burns, General Counsel, explained the Board's policy of refunding the past three • years when an applicant establishes a meritorious claim. Mr. Burns further explained any refund in excess of that time period would be a gift of public funds in violation of the California Constitution, prohibiting the Board from refunding money for which the statute of limitations has expired. Director Perry motioned to approve the refund of $6,365.52, the maximum refund allowable by law. Director Reade seconded. Motion to refund $6,365.52 was approved unanimously. WRITTEN COMMUNICATIONS Mr. Hamers introduced a letter dated April 9, 1996, from Brian R. Smith, Management Assistant, City of Huntington Beach. Mr. Smith's letter requests comments from the Costa Mesa Sanitary District Board regarding AB 2109 (Pringle). President Ferryman determined an emergency need arose to discuss the item after the agenda was prepared. On motion by Director Perry, seconded by Director Schafer and approved unanimously, discussion was opened regarding AB 2109 (Pringle). Motion by Director Perry, seconded by Director Reade, and unanimously approved to have Staff prepare a letter to the City of Huntington Beach, signed by President Ferryman, expressing the Costa Mesa Sanitary District's opposition to AB 2109 (Pringle) • due to the Board's concerns that the bill overlooked many ramifications. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held April 17, 1996 Page 6 • Mr. Hamers introduced a letter from Vicki L. Wilson, Director, EMA/Integrated Waste Management Department, County of Orange, dated March 25, 1996, announcing on March 12, 1996, the Orange County Board of Supervisors approved a 23 percent reduction in the landfill gate fee from $35 per ton to $27 per ton, effective April 1, 1996. Mr. Hamers further introduced a letter received April 5, 1996, from Mr. Michael J. Silva, President, CR Transfer, outlining the rate reduction for the Costa Mesa Sanitary District, effective April 1, 1996, as follows: Current Rate: $45.74 Reduction: 6.00 New Rate: $39.74/ton MANAGER'S REPORTS SOURCE REDUCTION AND RECYCLING ELEMENT — AB939 • STATUS OF CITY'S WASTE PROGRAM Anti — Scavenging Solutions /Enforcement Mr. Hamers reported a discussion with Mr. Perry Valentine, Planning Manager, Development Services Department, City of Costa Mesa, regarding the City's hiring of a part —time employee code enforcement officer. The City is in the process of hiring the code enforcement officer for a part —time position which will include anti — scavenging enforcement. The part —time position has additionally been approved for the 1996 -97 budget. The City is also planning to hire a full —time code enforcement officer. Ms. Guastella reported an increase in police officers signing up to staff the anti — scavenging position. Ms. Guastella further reported a decrease in scavengers, partially due to the drop in per —pound rate on paper recycling, therefore, the anti— scavenging enforcement position will be reduced to one day a week. Mr. Hamers presented a report from the Costa Mesa Police Department dated March 18, 1996, reflecting the February 1996 statistics, including statistics for scavenging enforcement. There was one citation issued out of 24 calls for service. Meeting with Mayor of the City of Costa Mesa — March 25, 1996 President Ferryman and Mr. Hamers met with Mayor Joe Erickson on March 25, 1996, and detailed the history of the Board's endeavors to enforce anti — scavenging. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 7 Mayor Erickson contacted the police department to request their assistance in promoting police officers to sign up to staff the anti- scavenging enforcement position. Mr. Hamers reported Staff is preparing a letter to the police department to thank them for their assistance in the anti - scavenging effort and to notify them of the plan to scale back in light of the decline in scavengers at this time. SRRE EDUCATIONAL PROGRAM Household Hazardous Waste Grant Mr. Hamers advised there is nothing to report. Purchase of Module Furniture for New Administrative Secretary Position. Ms. Reichle presented a request for modular furniture to match the existing furnishings to provide a workstation for Ms. Revak, the new Administrative Secretary. Staff also requested a bookcase to house reference books and manuals, and racks, letter trays, and file pockets to promote organization and efficiency. Director Schafer motioned to approve the purchase of modular furniture and, organizational materials, allocating the funds from an available account, not to exceed $2,965.28. Director Reade seconded. Motion carried 5 -0. Director Worthington questioned the Installation/Freight charges of $505.00 and requested Staff contact Vertex Business Interiors requesting a breakdown of costs for delivery and installation. ENGINEER'S REPORTS Project 139 - Congress Pump Station Abandonment Approval of Change Order No. 1 Mr. Hamers presented Change Order No. 1, a request from Steve Casada Construction Co. for $53,942.00 additional expenses due to unforeseen circumstances during construction of the new sewer line. Staff recommended approval of Change Order No. 1 in the negotiated amount of $38,000. Director Reade motioned to approve Change Order No. 1 not to exceed the negotiated amount of $38,000. Director Perry seconded. Motion carried 4 -1, Director Worthington voted against approval of Change Order No. 1. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held April 17, 1996 Page 8 Mr. Hamers recommended the inclusion of clarifying language in future plans to further discourage contractors from seeking extra work. Project 142 — Reconstructing Force Main for Adams Pump Station Bid Opening — Award of Contract to Atlas Underground Company Mr. Hamers presented bids received for Project 142 — Reconstructing Force Main for Adams Pump Station. Mr. Hamers advised the low bidder meets all requirements as specified in the bid documents and therefore recommended the contract be awarded to Atlas Underground Co. with a bid of $183,710. Director Reade motioned to accept the bid and award the contract to Atlas Underground Co. in the amount of $183,710. Director Perry seconded. Motion carried 5 -0. Proposal from Robin Hamers and Associates to Provide Inspection Services A proposal was introduced to provide inspection services on Project 1112100 -142, Reconstructing Force Main for Adams Pumping Station. The estimated maximum number • of hours and proposed rate for each are as follows: Engineering 90 hrs. @ 59.00 /hr. = $5,310.00 Draftsman 8 hrs. @ 47.00 /hr. = 376.00 Inspection 200 hrs. @ 42.00 /hr. = 8,400.00 Surveying 16 hrs. @ 170.00 /hr. = 2,720.00 TOTAL $16,806.00 Director Perry motioned to accept the proposal. Director Reade seconded. Motion carried 5 -0. OLD BUSINESS Use of 1995 Telephone Book Recycling Rebate Letter to schools on proposed inclusion in 1996 Telephone Book Program Mr. Hamers presented a proposed letter to invite participation from the Costa Mesa public schools in the Costa Mesa Sanitary District telephone book recycling program. President Ferryman recommended revising the distribution of funding offered to each • school. Mr. Hamers recommended asking Costa Mesa Disposal to place the bins at each location. • i COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 9 Director Perry motioned to accept the letter in concept with the aforementioned changes to be made. Director Schafer seconded. The motion was approved unanimously. Director Perry left the meeting at 1:01 p.m. TREASURER'S REPORTS Orange County Bankruptcy Update Ms. Temple distributed the Second Amended Plan of Adjustment and advised the Board of changes made in the plan. Ms. Temple advised the Board there were no changes affecting the Costa Mesa Sanitary District. Director Reade motioned to accept the Second Plan, and authorize the General Counsel to act on the Board's behalf in accepting the Plan. Director Schafer seconded. Motion approved unanimously. • Ms. Temple advised the Board the County agreed to pay a $50 claim to the Costa Mesa Sanitary District. Investment Oversight Committee April 17, 1996, 11:00 a.m. Review of 1996 -1997 Proposed Investment Policy Ms. Temple reported on the April 17, 1996, Investment Oversight Committee meeting attended by Directors Schafer and Worthington. The committee reviewed proposed changes in the 1996 -97 Investment Policy. The 1996 -97 Investment Policy will be presented to the Board for review with the 1996 -97 budget at a study session. Proposed changes in the Investment Policy reflect legislative changes taking effect January 1, 1996. LOCAL MEETINGS Local Agency Formation Commission Mr. Harriers reviewed the LAFCO agenda as of April 3, 1996. Independent Special Districts of Orange County Director Reade recommended a Board member attend the ISDOC meetings. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Orange County Sanitation Districts Regular Meeting Page 10 President Ferryman reported attendance at a meeting of the Santa Ana River Flood Control Agency. President Ferryman advised the Board of an impending reduction in insurance premiums resulting from the improvement work done by the Army Corps of Engineers. City of Costa Mesa Council Meeting Report March 18, 1996 Director Worthington attended the Council meeting on March 18, 1996, and related it was an expeditious meeting and there was nothing affecting the Costa Mesa Sanitary District discussed. April 1, 1996 • Director Schafer attended the April 1, 1996, Council meeting and expressed a desire to have the Costa Mesa Sanitary District recognized in attendance. Director Schafer advised the Board the Council discussed banners put in various places without proper approval. Director Schafer provided the Staff reports and agenda from the April 1, 1996, meeting. Chamber of Commerce Legislative Committee Report Director Schafer reported the Chamber of Commerce Legislative Committee meeting was being held concurrently with the Costa Mesa Sanitary District's April 17, 1996, meeting, and therefore she was unable to attend the Chamber of Commerce Legislative Committee meeting. Director Reade expressed a desire to attend a Chamber of Commerce Legislative Committee meeting with Director Schafer to request the Chamber support the Costa Mesa Sanitary District in opposition to the Pringle bill. OLD BUSINESS — Revisited Creative Management Solutions — Financial Study City /District Contract Mr. Hamers had nothing to report. • CJ COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Chamber of Commerce Summit Committee — March 26, 1996 Disaster Preparedness Video Update Page 11 Director Schafer advised the Board a meeting would be held April 18, 1996, at 7:30 a.m. to present a preview of the Disaster Preparedness Video in an unedited form. Director Schafer issued invitations to Board members and Staff. NEW BUSINESS Trash Container Storage Director Worthington gave a pictorial report showing numerous photographs of trash containers remaining in view after the assigned pickup day. Director Worthington's investigation additionally discovered profuse trash created by gardening services engaged by homeowners remaining at the curb until the subsequent trash pickup day. Director Worthington was informed by Mr. Ralph Perez, Costa Mesa Disposal, the limit for trash removal is a total of 200 pounds, resulting in trash in excess of 200 pounds remaining at the curb until the following scheduled pickup day. Director Worthington stated the current ordinance requires a trash container must be removed from the public right —of —way within 24 hours. Director Worthington recommended modifying the existing ordinance to define where the containers be stored between trash collection days. Mr. Burns recommended contacting the City and inviting their cooperation with drafting a new ordinance to prohibit trash containers from being left in view. Ms. Temple recommended contacting Mr. Bill Morris to further discuss the ordinance. The Board directed Staff to set up a meeting with Mr. Morris, Director Worthington and Staff to review the photographs and discuss the existing ordinance. PUBLIC COMMENTS There were no members of the public remaining in attendance at the meeting, therefore there were no public comments. ORAL COMMUNICATIONS • Director Schafer commended the Staff for the newsletter and reported receiving positive feedback from community members. .7 • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held April 17, 1996 Page 12 Ms. Revak reported receiving 60 telephone calls in one day requesting the compost guide offered in the newsletter. Ms. Reichle thanked Director Worthington for his recommendation to add artwork to enhance the cover of the newsletter. Director Reade recommended presenting a Resolution of commendation to Mr. Burns for his rating of excellence in the Martindale — Hubbell directory. Mr. Hamers advised the large item collection will commence in the third week of June and continue to the second week in September. ADJOURNMENT At 1:45 p.m. President Ferryman adjourned the meeting. ecretary President �k