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Minutes - Board - 1989-12-14f CALL TO ORDER ROLL CALL MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT December 14, 1989 President Wahner called the meeting to order at 7:30 p.m. Present: Directors - Wahner, Crank, Hanson, Green, Ferryman. Officials present: Robert Brock, Manager Printed on Recycled Paper Roy June, Attorney Robert Oman, Finance Director Robin Hamers, Engineer Florine Reichle, Clerk of the District Guests: Susan Temple, 618 California St., Huntington Beach. Fred Moore, 718 Primrose Ave., Monrovia. On motion by Director Crank, seconded by Director Hanson, and carried 5 -0, the minutes of the .MINUTES: 'November regular meeting of November 9, 1989 were approved 9, 1989 as distributed and posted. Mr. Brock presented the following correspondence: A letter from Patricia Hotz, 385 Princeton, IW!RITTEN commending' the Board on the recycling program; a COMMUNICATIONS letter from Supervisor Riley acknowledging the letter from the Board recommending Bob Hanson for a future appointment; an invoice from C.R.. Transfer for the first month of the recycling program; a copy of the CA Special Districts newsletter; a flyer from the Local Government Commission, Inc. announcing a recycling conference for elected officials to be held March 9 and 10 in Del Mar; and a copy of a correction notice printed in the Daily Pilot stated the November 24 article on recycling should have stated the District entered into a recycling _co.atract, not the city. Mr. Brock presented a request from March Chi for REFUNDS: refund of sewer permit fees in the amount of $144 Mark Chi and fixture fees of $300. Mr. Chi has decided to cancel the project. Director Hanson made a motion, seconded by Director Crank to approve the refunds less $15 administrative costs on each one. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. • Printed on Recycled Paper Refund Requests Mr. Brock presented a request from Jacques (Continued) Construction, 1578 Riverside Place, Costa Mesa, for refund of fixture fees paid twice. Director Jacques Crank made a motion, seconded by Director Hanson, Construction to approve the refund for $82.50. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Lisa Webber Mr. Brock presented a request for refund of trash assessment fees of $121.44 on A.P. 931 - 274 -16, from Lisa Webber, 1905 Proctor Court, Santa Fe, New Mexico, 87501. Staff records revealed her exemption form was received during the grace period between June 30 and July 4. Director Hanson made a motion, seconded by Director Crank, to approve the refund of $121.44. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. William Mr. Brock presented a request for refund of trash Abshear and sewer assessment fees in the amount of $74.19 on A.P. No. 425 - 163 -08 from William Abshear, 3803 • Marcus Street, Newport Beach, CA 92663. He is being billed for four units and correctly should be billed for three. Director Hanson made a motion, seconded by Director Crank to approve the request. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Morris Ojena Mr. Brock presented a request for refund of trash and sewer assessment fees in the amount of $133.83 on A.P. 439 - 352 -10, from Morris Ojena, 1456 San Carlos, #103, San Carlos, CA 94070. The parcel is a vacant lot. Director Ferryman made a motion, seconded by Director Green to approve the request. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Ebrahim Mr. Brock presented a request for refund of trash Zangan assessment fees in the amount of $303.60 on A.P. No. 139 - 563 -01, from Ebrahim Zangan, 931 Ridgeline Road, Orange, CA 92669. He is a new owner of property, has private service and was unaware of SM im Refunds the exemption policy. Director Crank made. a (continued) motion, seconded by Director Green, to deny the request, but suggested Mr. Zangan contact the previous owner who should have told him about the exemption at the same time as telling him about the contract for private trash service. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman.' NOES: Directors - None. Mr. Brock presented a request for refund of trash William assessment fees in the amount of $121.44 on A.P. Risconsin No. 422- 012 -08, from William Risconsin, 1085 Sea Bluff Road, Costa Mesa. Mr. Risconsin lives in a complex that previously had a permanent exemption because most of the complex can never be provided with curbside service. However, there is one strip of homes that front on Sea Bluff Road, a public street, which is served by the District. The homeowners association has been notified that the homes on Sea Bluff have been using curbside trash services and are now being assessed by the District. Mr. Risconsin's request was to be excluded from the curbside service. Director Hanson made a motion, seconded by Director Green, • to deny the request because the inconsistency would create a collection monitoring problem. Motion carried by the following roll call vote: AYES: Directors- Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. APPEALS: Mr. Brock presented a letter from Dee Ward asking Dee Ward that his request to appeal last month's decision Joe Johnsen on trash assessment refund and the request of Mr. and Mrs. Johnsen's be held over until January 11. Continued to On motion by Director Ferryman, seconded by January 11 Director Crank and unanimously carried, both items were continued to January 11. OCCUPANCY Mr. Brock read the Occupancy Report showing REPORT neither an increase nor decrease in the trash and garbage collection count, leaving the total at 19,718.5 units, as of December 1, 1989. Printed on Recycled Paper On motion Ferryman, following AYES: NOES: by Director Hanson, seconded by Director the Occupancy Report was approved by the roll call vote: . Directors - Wahner, Crank, Hanson, Green, Ferryman. Directors - None. -3- FINANCIAL On motion by Director Hanson, seconded by Director REPORT Green and carried 5 -0, the Financial Report was approved as submitted by Mr. Oman. PROJECT STATUS Mr. Hamers REPORT Project St On motion Ferryman, Report was reported there were no additions to the atus Report. by Director Crank, seconded by Director and carried 5 -0, the Project Status received and filed. Mr. Hamers reported that while gathering information for Ms Reichle's appearance on an earthquake preparedness panel discussion, he learned that during the recent earthquake their were no apparent sewer stoppages that caused any serious sewer backup. He further reported the type of pipe used in that area is the same type specified for District construction. PROJECT NO. Mr. Hamers reported Project No. 1112100 -99, Elden 111 - 2100 -99 Avenue Pumping Station Remodel, was completed and Elden Avenue he is recommending acceptance of the project. Pumping Station Director Hanson made a motion, seconded by Director Ferryman to accept the project as Project completed and file the Notice of Completion. Acceptance Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Notice of Director Hanson made a motion, seconded by Completion Director Crank, to authorize payment of the retention 35 days after Notice of Completion is recorded. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Exoneration Director Crank made a motion, seconded by Director of Bonds Hanson to authorize exonerations of the Labor and Materials and Faithful Performance Bonds and the ten percent Guarantee Bond one year after Notice of Completion is recorded. Motion carried by the following roll call vote: AYES: Directors - NOES: Directors - Wahner, Crank, Hanson, Green, Ferryman. None. PROJECT NO. Mr. Hamers reported that bids were opening on 111 - 2100 -111 December 5, 1989 for the Construction of the Fair Drive Sewer. The following bids were received: -4- • C7 U IN Fair Drive Sewer is (continued) John T. Malloy John T. Malloy,, Inc. Insituform California Pipeline Co. Inc. CK Construction Steve Bubalo Construction Abghari Construction Silveri & LeBouef JV $ 73,746 81,492 84,141 90,632 10.2,277 106,800 112,180 The low bidder meets all requirements as specified in the bid documents and award of the contract is recommended. Director Hanson made a motion, seconded by Award of Director Green to award the contract to John T. Contract Malloy /John T. Malloy, Inc.. in the amount of $73,746. Motion carried by the following roll call vote: AYES: Directors - NOES: Directors - Wahner, Crank, Hanson, Green, Ferryman. None. Proposal for Mr. Hamers presented a proposal to provide the Engineering necessary engineering services during the r Sevices construction phase of the Fair Drive Sewer at the following rates: • Engineer $ 50 /hour Draftsman 40 /hour Inspection 35 /hour Survey Crew (3 men) 155 /hour ORDINANCE NO 22 • Director Hanson made a motion, seconded by Direc- tor Ferryman, to approve the proposal with billing to be only for the actual time worked, not to exceed $11,240. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Mr. June presented Ordinance No. 22, which limits expenditure to $5,000 for all but sewer projects without resort to competitive bidding. Director Hanson made a motion, seconded by Director Ferryman, that Ordinance No. 22 be passed and adopted. Motion carried by the following roll call vote: AYES: Directors — Wahner, Green, NOES: Directors - None. Printed on Recycled Paper -5- Crank, Hanson, Ferryman. Ordinance Ms Reichle was instructed to have Ordinance 22 No. 22 published once in the Daily Pilot newspaper and (continued) the Ordinance will then be in effect seven days after publication. RESOLUTION Mr. June presented Resolution No. 89 -485. Special NO. 89 -485 District Insurance Authority (SDIA) has requested the Joint Powers Agreement be-amended to show a change of name to Special Districts Risk Manage- ment Authority (SDRMA) and clarification of the policy for withdrawal from the association, also approval of a minor change in the bylaws. DIRECTOR GREEN ELECTED SECRETARY DIRECTOR FERRYMAN ELECTED ASSISTANT SECRETARY Director Hanson made a motion, seconded by Direc- tor Ferryman that Resolution No. 89 -485, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFOR- NIA, AMENDING THE JOINT POWERS AGREEMENT BETWEEN THE COSTA MESA SANITARY DISTRICT AND SPECIAL DISTRICTS INSURANCE AUTHORITY, be adopted. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. Director Hanson nominated Director Green to fill the position of secretary which will be vacated when Director Hanson retires from the Board, effective following this meeting. Nomination was seconded by Director Crank and carried by the following roll call vote: AYES: Directors - NOES: Directors - Wahner, Crank, Hanson, Green, Ferryman. None. Director Hanson nominated Director Ferryman to fill the now vacant position of Assistant Secre- tary formerly held by Director Green. Nomination was seconded by Director Crank and carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. DIRECTOR Director Hanson nominated Director Wahner as the WAHNER District representative to Orange County Sanita- REPRESENTATIVE tion District No. 1 replacing Director Hanson. TO OCSD The nomination was seconded.by Director Crank and NO. 1 unanimously carried. CLAIMS - Mr. June reported there were two small claims Robert Duff actions filed against the District: Robert Duff Paul Lamas in the amount of $475.11 for trash assessment • • 9 Claims 's (continued) 0 refund denied; $637.43, also He recommended staff members claims actions. and Paul Lamas in the amount of for trash assessment refund denied. that a resolution be adopted naming to represent the District in small RESOLUTION Director Hanson made a motion, seconded by Direc- NO. 89 -486 for Crank that Resolution No. .89 -486, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFOR- NIA, DESIGNATING PERSONS .AUTHORIZED TO APPEAR REPRESENTING. THE DISTRICT IN SMALL CLAIMS COURT AND SETTING FORTH REASONS THEREFOR_, be adopted. Motion carried by the following roll call vote:. AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. SUSAN TEMPLE On. motion by Director Hanson, seconded by Director NAMED TREASURER Ferryman, Susan Temple, the city's new Finance Director, was appointed Treasurer of the Costa Mesa Sanitary District. Ms Temple reported she begins her new position officially on January 8, 1990. Motion carried by the following roll call vote: • AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors —None. CA SPECIAL Director Hanson made a motion, seconded by Direc- DISTRICTS, for Ferryman, to renew membership in the Califor- nia Special Districts Association, at a renewal Membership fee of $1,238. Motion carried by the following Renewal roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. WARRANT Director Crank made a motion, seconded by Director REPORT Green, authorizing the President and Secretary to NO. 90 -06 sign Report No. 90 -06 instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $380,205.47. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None. *_1CSD President Wahner asked Mr. June to meet with NFORMATION Counsel for the Orange County Sanitation Districts Printed on Recycled Paper -7- OCSD to discuss the pending litigation between OCSD and (continued) the County pertaining to delinquent fees. TELEPHONE Ms Reichle reported the Telephone Book Recycling BOOR Project is underway with four bins strategically RECYCLING placed and ready to receive the old telephone PROJECT directories. She also reported that after investigating the possibility of holding a CHRISTMAS Christmas tree collection and mulching program, it TREE 1990 appears that time will be needed for staff to PROGRAM develop and implement the program. She suggested the program be scheduled for 1990. CLOSED President Wahner declared the meeting adjourned to SESSION a closed session at 8:12 p.m., to discuss the proposal presented by Mr. Oman to provide finan- cial services for the District after his retire- ment from the City. REGULAR At 8:30 p.m. President Wahner declared the meeting SESSION reconvened to regular session. FINANCIAL The Board requested that staff make an in -depth SERVICES study of comparative costs of other similar PROPOSAL financial services proposals and study the effects of in -house convenience versus outside, and to report at the next meeting. ADJOURNMENT President Wahner declared the meeting adjourned at 8:31 p.m. t 4, President Secretary • •