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Minutes - Board - 1990-08-09f� n V CALL TO ORDER ROLL CALL MINUTES OF THE REGULAR MEETING BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT August 9, 1990 President Wahner called the meeting to order at 7:30 p.m. Present: Officials present: Guest: Directors - Wahner, Crank, Green, Ferryman, Cole. Robert Brock, Manager Roy June, Attorney Susan Temple, Treasurer Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of District Donna Theriault, Accountant. MINUTES: On motion by Director Green, seconded by Director July 12, 1990 Crank, and carried 5 -0, the minutes of the regular meeting of July 12, 1990 were approved.as distri- buted and posted. WRITTEN CORRESPONDENCE r ORANGE COAST COLLEGE - Civic Pride Day PUBLIC HEARING Trash Collection Assessment is A -inted on Regwled Paper Mr Brock circulated a copy of a brochure from CA Special Districts announcing a Conference to be held September 19 -22, 1990 in Oakland, CA; an update 'from C.R. Transfer, on the status of their facility expansion to include automatic sorting of recyclables; letter from Mr. Tom Dawes, OCSD, thanking the District and Mr. Hamers and his staff for their support and assistance on the recently completed phase of the Baker - Gisler Interceptor; letter from Mike Carey, Orange Coast College, inviting the District to participate in the Orange Coast Civic Pride Day scheduled for October 27, 1990, celebrating 20 years of service to the community provided by .their recycling center; a copy of a memo from Mr. Brock to those Engineering staff members who charge time to the District, calling for a meeting to discuss implementat s�n.,'Qf a time study.- F Mr. Brock noted tRaL.'`: copy of the letter from OCC was distributed to each member so the form and amount of District participation can be decided. President Wahner informed the Board that now is the time and place fixed pursuant to the notice given for the public hearing for the purpose of hearing protests and objects, and requests for exemption, to the proposed assessment for trash and garbage collection, as set forth in the report filed with the Clerk 'of the District. Ms Reichle informed the Board Trash Assessment been published twice, July 25 (continued) as required by law, and the cation is on file in the D stated no written nor oral received. that the Notice had and August 1, 1990, affidavit of publi- istrict office. She protests had been • Mr. June added the Notice was published twice in both the Daily Pilot and The Register, although publication in one newspaper is the only require- ment, by law, additionally, the Notice was posted in three.public places. Hearing Closed On motion by Director Crank, seconded by Director Cole, and carried 5 -0, the public hearing was closed. Report - Rate Staff presented the Trash Collection Assessment Established Report in the total amount of $2,954,301.60, established cost per occupancy at $136.09 per year. Director Crank made a motion, seconded by Director Green, to accept the report as presented and adopt the trash collection rate of $136.09 for 1990 -91. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. RESOLUTION Director Crank made a motion, seconded by Director NO. 90 -492 Green, that Resolution No. 90 -492, being A RESO- LUTION OF THE COSTA MESA SANITARY DISTRICT, OF. ORANGE COUNTY, CALIFORNIA, DECLARING NO PROTESTS LODGED TO THE PROPOSED ASSESSMENT FOR TRASH COLLECTION AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT, be adopted. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. PUBLIC HEARING President Wahner informed the Board that now is Liquid Waste the time and place fixed pursuant to the notice Collection given for the public hearing for the purpose of hearing protests And objects, and requests for exemption, to the proposed assessment for liquid waste collection, as set forth in the report filed with the Clerk of the District. Pnnied on Recycled Paper Ms Reichle informed the Board been published twice, July 25 as required by law, and the cation is' on file in the D stated no written nor oral received. -2- that the Notice had and August 1, 1990, affidavit of publi- istrict office. She protests had been 40 •,r 'Hearing Mr. June added the Notice had been published twice ` (continued) in the Daily Pilot and The Register although publication in one newspaper is the only require- ment by law, additionally, the Notice was posted in three public places. Hearing Closed On motion by Director Crank, seconded by Director Cole, and carried 5 -0, the public hearing was closed. Report - Rates Established Stuff presented the Liquid Waste Disposal Assess- ment Report''in the total amount of $975,866.54, And the established yearly rates as follows: OZESOLUTION NO. 90 -493 REFUNDS: David Markel • Primed on Recycled Paper Single Family $13.53 /Dwelling Multi /Mobile Homes $13.21 /Dwelling Commercial $11.45/1000 square feet Industrial $26.38/1000 square .feet Other. $ 6.84/1000 square feet Director Ferryman made a motion to accept the report for Liquid Waste Collection.Assessment and adopt the rates as presented. Motion carried by the following roll call vote: AYES:,. Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Director Cole made a motion, seconded by Director Ferryman, that Resolution No. 90 -493,. being A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT, OF ORANGE COUNTY, CALIFORNIA, DECLARING NO PROTESTS LODGED TO THE PROPOSED ASSESSMENT FOR LIQUID WASTE COLLECTION AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT, be adopted. Motion ha:arried by the following roll call vote: ,AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors — None. Mr.. Brock presented a request for refund of trash assessment fees on A.P. No. 426- 181 -25 from Mr. David Markel, c/o Terry Miller, MDI Incorporated, 537 Apple Street,. West Conshohocken, PA 19428, stating he was unaware of the exemption policy. Director Crank made a motion, seconded by Director Ferryman, to deny the refund request because„ policy states an exemption must be filed, and to maintain consistency in adhering to the premise that responsibility rests with the homeowner to be cognizant of assessments or exemptions on their property. Motion carried by the following roll call vote: -3- Refunds ' (continued) AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. • NOES: Directors - None. Dr. Starnes Mr. Brock presented a request from Dr. Les Starnes, .1401 Avocado Street, Suite 308, Newport Beach, for refund of trash assessment fees on A.P. Nos. 426 - 133 -09 and -11. Dr. Starnes changed management services and, the new company was unaware of the exemption. Director Crank made a motion, seconded by Director Green to deny the refund as the responsibility is, with the owner of property to know what taxes and assessments are assigned to and paid on their property. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. Robert Painter Mr. Brock presented a request from Mr. Robert Painter, 155 Quiet Bay Lane, Costa.Mesa for refund of trash and sewer assessment fees on A.P. No. 937 - 940 -68, in the amount of $193.57. Mr. Painter was.billed for six units instead of one. is Director Ferryman made a motion, seconded by Director Green, to approve the refund in the amount of $193.57. Motion carried by. the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. OCCUPANCY Mr. Brock read the Occupancy Report showing REPORT neither an increase nor decrease in the trash and garbage collection count as of August 1, 1990, total remains 19,733.5 units. The adjustments following trash assessment will be made on next month's report. On motion by Director Green and seconded by Director Cole, the Occupancy Report was approved by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. FINANCE Ms Temple presented the Financial Report for July, REPORT 1990. On motion by Director Green, seconded by Director Crank, and carried 5 -0, the Financial is Report was received and filed. Punted on Recycled Paper WIC a,Y ' 'RATE Ms. Tem CALCULATIONS rash /Sewer for the It was creased increase ple also presented the rate calculations Solid Waste and Liquid Waste Collections. noted the trash collection rate has in- by approximately 12 percent, due to the in landfill fees. PROJECT Mr. Hamers.reported there were no additions to the STATUS Project Status 'Report. On motion by Director REPORT Crank, seconded by Director Cole, and carried 5 -0, the Project Status Report.was received and filed. Mr. Hamers noted three projects had been closed one of which was the construction of Airway Sewer. The company that previously was overloading the sewer system has moved out of the area and present capacities are normal, therefore increased sewer capacity is not warranted. PROJECT Mr. Hamers presented a request from Mr. Robert Foaming 115 Finnerty, President, Pacific Sewer Maintenance Foaming of Corporation to consider two options on the Sewer Lines recently awarded sole source contract for Project No. 115, Foaming of Sewer Lines. Because the new insurance' requirement of $5 million is a substan- tial deviation from their 1989 contract, and because their prices quoted were based on the old insurance requirement of $1 million, he felt • negotiations were necessary 'to change the latest agreement. He offered two options: revision of the July 12, 1990 agreement to reduce the insur- ance requirement to $1 million; or increase the unit price by $.06 per lineal foot. Director Ferryman made a motion, seconded by Director Cole to reduce the amount of insurance on Project No.' 115, from $5 million to $1 million due to the nature of the project, for this project only. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. ORANGE COUNTY Mr. Hamers reported that since,1986 the District SANITATION has been requesting the Orange County Sanitation DISTRICTS - Districts to revise the language in their Sewer Sewer Connection Connection Application and Permit to place the Application/ liability during construction on the proper party. Permit Recent discussions with their attorney disclosed OSCD does not plan to revise their permit language since other districts and cities have not pro- tested its use. However, OCSD has no problem with the District attachment' which shifts the liability to the proper party. Printed on Renrled flrper -5- INDEPENDENT Mr. Brock presented a membership renewal notice , SPECIAL for 1990 -91 from the Independent Special Districts • DISTRICTS of Orange County, in the amount of $50. The Membership members considered the benefits of membership in Renewal the local organization and concluded District membership and support 'was vital. Director Ferryman made a motion, seconded by Director Cole to renew membership in - Independent Special Dis- trict at an annual fee of $50. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. TRASH COLLECTION Mr. Brock reported another improvement in the EXEMPTION Trash Collection Exemption Policy. Starting this NOTIFICATION year the Notice of Public Hearing was published in IMPROVEMENTS two newspapers with large circulation instead of one, and notices were' posted in three public places, City Hall, Mesa Verde Library and Mesa Consolidated Water District. Staff is continually studying ways to make the public aware of the District exemption policy. ENGINEER - In response to a question concerning the District Possible Conflict of Engineer's preparation of and signing of tentative • tract maps for private clients posing a conflict Interest of interest, Mr. Hamers reported the conditions of approval will no longer be prepared in his office but rather by Engineering /Sanitation staff. Mr. June suggested a monthly review, by the Board, of the projects requiring Mr. Hamers' signature as both District Engineer and engineer responsible for the plan. If the Board finds there to be no conflict of interest, then none exists. The members agreed to the staff recommendations. CITY - CITIZEN The City, in moving forward toward meeting the ADVISORY mandates of the state's new Integrated Waste COMMITTEE - Management Act, has approved the formation of a Source Reduction Citizen Advisory Committee to furnish input and and Recycling subsequent review of the draft Source Reduction Element of and Recycling Element of the plan. The committee Integrated is to' be comprised of members of the community Waste Manage- representing various interests. Suggested were ment Plan two Chamber of Commerce members representing commercial and industrial businesses, one Sanitary District Board Member, one recycling business representative, one trash hauling representative, one legal representative and the director of the Orange Coast College Recycling Center. Primed on Recycled Paper • 'r 't Director By motion, Director Crank nominated Director Ferryman Ferryman to serve on the Citizen Advisory Commit - Appointed. tee. Motion was seconded by Director Green and to Committee carried 5 -0. WARRANT Director Crank made a motion, seconded by Director REPORT Green, authorizing the President and Secretary to NO. 91 -02 sign Report No. 91 -02, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $272,482.04. Motion carried by the following roll call vote: AYES: Directors - Wahner, Crank, Green, Ferryman, Cole. NOES: Directors - None. ORAL Director Cole suggested the County Assessor's COMMUNICATIONS Office be contacted to see if District exemption notification could be added to their Homeowner's exemption information. Staff will follow up on the suggestion. Ms Reichle informed the Board that a new Chamber of Commerce Committee has been established, called the Environmental Committee,. She will represent • the District on this committee. The first envi- ronmental issue the committee will address is that of business recycling. ADJOURNMENT President Wahner declared the meeting adjourned at 8:16 p.m. G Pined on Recycled Pope -7- /i Assis nt Secretary