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Minutes - Board - 1991-08-15• is MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR ADJOURNED MEETING HELD AUGUST 15, 1991 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular adjourned session on August 15, 1991, at 7:30 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. The meeting was called to order by President Wahner, followed by the Pledge of Allegiance to the Flag led by Director Dick Sherrick, followed by the Invocation by Director Nate Reade. Directors Present: James Wahner, Harry Green, Nate - Reade, James Ferryman, Dick Sherrick Directors Absent: None Staff Present: Robert Brock, Manager Roy June, Attorney Susan Temple, Treasurer Donna Theriault, Finance Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of the District Director guests: MINUTES OF JUNE 18, 1991 Wahner introduced the following Bernadette Salyer, Peter Nourse, Ray Rangel, Raul Rangel In the minutes of June 18, 1991, Director Sherrick indicated that he abstained from the motion on page 1, approval of the minutes of June 13, 1991. On page 6 of the July. 18, 1991 minutes Director Sherrick suggested that the occupancy rate be shown as $6.4462 per month per occupancy; also on page 6, the equation should be shown as multiplied by 100. Motion was made by Director Green, seconded by Director Reade, to approve the minutes of the regular meeting of July 11, 1991, as distributed and the adjourned meeting of June 18, 1991, as amended. Motion carried 5 -0. MANAGER'S REPORTS WRITTEN COMMUNICATIONS: Mr. Brock presented the July 1991 Recycling Report showing a percentage recycled of 26.00%. Total Tonnage: 2,835.87; and recycled tonnage: 737.24. Included in the communications were articles from various newspapers concerning recycling activities in Orange County. REFUNDS: Those people present to address their refunds were allowed to speak to the board concerning their rationale for approval. Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 2 Director Sherrick went on record as opposing the denial of • refunds to people who are paying for services not received. For the information of those present, Attorney June briefly explained the history of the Assessment District which was established in 1968 to get the necessary funds to collect the trash within the District. Mrs. Bernadette Salyer's request for a refund, held over from the meeting of July 18, 1991, was presented to the Board for consideration. Mr. Brock reported that an additional investigation was made in this case and after again considering all the information available, staff is recommending denial of this request for refund. Mrs. Salyer spoke briefly concerning her request. After further discussion and due to the extenuating circumstances involved, it was moved by Director Sherrick, seconded by Director Ferryman, that the refund of trash assessment fees on A. P. 939 - 290 -24 in the amount of $405.09 be made to Bernadette Salyer. Motion carried 5 -0.. Mr. Peter Nourse was present to support his request for refund of trash assessment fees on six parcels. Mr. Brock explained staff's rationale for recommending denial of the refund on various properties. Mr. Peter Nourse, 901 Dover Drive, Suite 110, Newport Beach, CA 92663 • On A. P. No. 439 - 201 -33, request for refund of $1,872.43 - Denied - Director Green made a motion, seconded by Director Reade, to deny the refund request as exemption had not been filed. Motion carried 4 -1. On A. P. No. 424 - 192 -03, request for refund of $2,384.50 - Denied - Director Green made a motion, seconded by Director Reade, to deny the refund request as exemption had not been filed. Motion carried 4 -1. On A. P. No. 936 - 690 -08, request for refund of $826.48 - Denied - Director Reade made a motion, seconded by Director Ferryman, to deny the refund request as exemption had not been filed. Motion carried 4 -1. On A. P. No. 936- 690 -07, request for refund of $826.48 - Denied - Director Reade made a motion, seconded by Director Ferryman, to deny the refund request as exemption had not been filed. Motion carried 4 -1. On A. P. No. 936- 690 -04, request for refund of $826.48 - Denied - Director Reade made a motion, seconded by Director Ferryman,. to deny the refund request as exemption had not been filed. Motion carried 4 -1. 0 Costa Mesa Sanitary District Minutes -- August 15,'1991--Page 3 On A. P. No. 936- 690 -01, request for refund of $421.39 - Denied - Director Reade made a motion, seconded by Director Ferryman, to deny the refund request as exemption had not been filed. Motion carried 4 -1. Director Reade commented that he would like a notation made on the forms that Mr. Nourse is to receive a permanent exemption in the future. Robert Alexander, 785 W. 18th Street, #C -1, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees from Robert Alexander on A. P. 939 - 290 -40 in the amount of $405.09. On motion by Director Ferryman, seconded by Director Reade, the request was denied because exemption was not filed by the due date. Motion carried: 4 -1 PUBLIC HEARING Trash Collection Assessment As a preliminary to opening the public hearing, the Treasurer addressed those areas concerning the splitting of the indirect costs. Based on the study session held regarding the budget, staff had indicated a desire to split the indirect costs 50 -50 between the sewer assessment and the trash assessment based on the total staff time that is spent on both items. In. the report presented for this meeting the assessment calculations are illustrated based on those items that make up both the direct and indirect costs for the Solid and Liquid Waste Assessment. In alluding to the "Utilities —Bin Service" item she mentioned that this was split 50 -50 between the trash and sewer assessment but could be moved to direct cost if the Board preferred. The item of "Miscellaneous Materials and Office Equipment" was as a result of the Board authorizing staff to place in the budget computer and office equipment for staff. Director Sherrick questioned the rates for single family compared to other rates listed and the category "Other ". 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 objections, 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 that the Notice had been published twice, July 25 and August 1, 1991, as required by law, and the affidavit of publication is on file in the District Office. She stated no written nor oral protests had, been received. • Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 4 ` Trash Assessment is (continued) Mr. June added the Notice was published twice in both the Daily Pilot and The Register, although publication in one newspaper is the only requirement, by law, additionally, the Notice was posted in three public places. Hearing Closed On motion of Director Reade, seconded by Director Green, and carried 5 -0, the public hearing was closed. Report - Rate Established Staff presented the Trash Collection Assessment Report in the total amount of $3,248,899, established cost per occupancy at $140.16. Director Green made a motion, seconded by Director Reade, to accept the report as presented and adopt the trash collection rate of $140.16 for 1991 -92. Motion carried by the following roll call vote: AYES: Directors - Wahner, Green, Ferryman, Reade and Sherrick NOES: Directors - None RESOLUTION NO. 91 -506 • Director Reade made a motion, seconded by Director Green, that Resolution No. 91 -506, being A RESOLUTION 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, Green, Ferryman, Reade and Sherrick NOES: Directors - None PUBLIC HEARING - Liquid Waste Collection 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 objections, 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. Ms. Reichle informed the Board that the Notice had been published twice, July 25 and August 1, 1991, as required by law, and the affidavit of publication is on file in the District Office. She stated no written nor oral protests had been received. • Costa Mesa Sanitary District Minutes -- August 15, 1991 7—Page 5 Mr. June added the Notice had been published twice in the Daily Pilot and The Register although publication in one newspaper is the only requirement by law, additionally, the Notice was posted in three public places. Hearing Closed On motion by Director Reade, seconded by Director Green, and carried 5 -0, the public hearing was .closed. Report — Rates Established Staff presented the Liquid Waste Disposal Assessment Report in the total amount of $1,225,932 and the established yearly rates as follows: Single Family $18.76 /Dwelling Multi /Mobile Homes 14.71 /Dwelling Commercial 11.44/1000 square feet Industrial 33.62/1000 square feet Other 8.31/1000 square feet Director Ferryman made a motion to accept the report for Liquid Waste Collection Assessment and adopt the rates as presented, seconded by Director Reade. Motion carried by the following roll call vote: AYES: Directors — Wahner, Green, Reade, Ferryman, Sherrick NOES: Directors — None RESOLUTION NO. 91 -507 Director Reade made a motion, seconded by Director Green, that Resolution No. 91 -507, 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 carried by the following roll call vote: AYES: Directors - Wahner, Green, Reade, Ferryman, Sherrick NOES: Directors — None County Gate Fees Report — The Treasurer discussed the potential increase in County Gate Fees and how they would impact the, District. The annual impact is projected as a $9.00 increase. The following three options were presented for Board consideration to handle such an increase: • Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 6 Fund the 1991 -92 cost (6 months) of $113,328 from the • District's 20o reserve fund estimated to be $837,790 for the 1991 -92 fiscal year. Delay implementation of the Toxic Waste Drop Off Program to June 1992 which would result in considerable cash savings in the District Budget for the 1991 -92 fiscal year. A total of $100,000 has been provided in the current budget for this project. 3. Increase the 1991 -92 residential trash assessment in an amount ranging from 0.54 ($1.00 Gate Fee Increase) to $4.89 ($9.00 Gate Fee Increase) in anticipation of a Gate Fee Increase as of January 1, 1992. It was the recommendation of staff that Option No. 1 be adopted. On motion by Director Ferryman, seconded by Director Reade, Option No. 1 was selected as the method for handling this possible gate fee increase. Motion carried 5 -0. OCCUPANCY REPORT Mr. Brock reported that there was no change in the occupancy report from July, 1991. Total occupancy remains at 22,774. REFUNDS - The following application for refund was recommended for approval because of error in the amount of units charged. • Earle and Irene Baird, 1020 West 19th Street, Costa Mesa, CA 92627 Mr. Brock presented a request for refund of trash assessment fees and sewer assessment fees from Earle and Irene Baird on A. P. 422 - 412 -30 in the amount of $1,590.03. Staff is recommending partial refund in the amount of $173.31 for sewer and $770.33 for trash for a total of $943.64. Investigation revealed the unit on the parcel is habitable and appears to be occupied. On motion of Director Sherrick, seconded by Director Green, a portion of the refund request was approved in the amount of $943.64. Motion carried 5 -0. Source Reduction and Recycling Element Committee - CA Integrated Waste Management Plan - Final Document Mr. Brock presented a verbal report on this month's Source Reduction and Recycling Element Committee meeting, held on Monday, August 12. Staff is seeking comments for the final document which is presently scheduled for September 3 City Council meeting for final adoption. The Committee, Planning Department, Public Services and Sanitary District staff are on schedule in meeting the commitment to get this document completed and approved by the appropriate agencies prior to the final date of January 1, 1992. Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 7 RESIGNATION OF ASSISTANT CITY ENGINEER Director Wahner announced to the Board that Manager Brock has resigned from the City. After discussion regarding a possible change in the amount of hours . the manager devotes to District activities, he recommended that Mr. Brock be retained as Manager of the District under a consultant contract until the Board is able to study, evaluate, and recruit a full time manager. Mr. Brock consented to remain on board until the new manager is recruited, pending discussions with his new employer. A future study session will be held to discuss this in depth and develop a job description. TREASURER'S REPORT Ms. Temple presented the financial report for July, 1991. After discussion and review, Director Reade made a motion, seconded by Director Green, and unanimously carried that the Financial Report for July 1991 be accepted as presented. Ratification of Transfer of Funds - Staff review indicated that the cost of televising within the boundaries` of Annexation 13, 15 and 17 could be reimbursed from the Sewer Construction Fund which was established from the bond indebtedness fund and set aside for specific improvements within the annexed areas. Since Project No. 116, Televising • of Lines, has been completed and the contractor paid, $18,753.86 was transferred from the Sewer Construction Fund to the General Fund. Upon motion by Director Reade, seconded by Director Green, the transfer of $18,753.86 from the Sewer Construction Fund to the General Fund, was ratified. Motion carried 5 -0. ENGINEER'S REPORT PROJECT STATUS REPORT Canyon Park Sewer Line- Project 1112100 -117 - The project is about 90% completed. Status Report was received and filed. DEVELOPMENT UPDATE - No new developments to report. REVIEW OF SEWER PLANS - No new developments to report. TELEVISING OF SEWER LINES, PROJECT 112100 -116 - The Engineer presented three recommended actions. 1. Approve Change Order No. 5 in the amount of $1,562.50 for cleaning work performed by the contractor. 2. Accept improvements as completed and file a Notice of Completion. Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 8 3. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. Exonerate Labor & Material Bond and Faithful Performance Bond after Notice of Completion is recorded. Exonerate loo Guarantee Bond one year after Notice of Completion is recorded. Guarantee Bond is effective for one year from the date the Notice of Completion is recorded. Upon motion of Director Sherrick, seconded by Director Reade, Change Order No. 5 in the amount of $1,562.50 was approved. Motion carried 5 -0. Upon motion Director Reade, seconded by Director Ferryman, improvements were accepted and staff instructed to file a Notice of Completion. Motion carried 5 -0. Upon motion by Director Reade, seconded by Director Green, authorization of payment of 5% retention 35 days after the Notice of Completion is recorded and exoneration of Labor & Material Bond and Faithful Performance Bond after Notice of Completions is recorded, and exoneration of loo Guarantee Bond one year after Notice of Completion is recorded. Motion carried 5 -0. SOUTH COAST PLAZA PUMP STATIONS, PROJECT 1112100 -118, CHANGE ORDER NO. 1 The Engineer presented Change Order No. 1 in the amount of $42,297 for extra work costs for the emergency repair of the incoming sewer line to the South Coast Plaza Pump Station. The line was broken during the pile driving phase of the shoring operation. The location of the line was unavailable to the contractor since there is a bend in the line just outside the station plus there are no as -built plans. Director Sherrick made a motion, seconded by Director Reade, that the Change Order No. 1 in the amount of $42,297 be approved. Motion carried 5 -0. The item of seeking reimbursement from South Coast Plaza was deferred until Attorney June could research all aspects of the agreement and report back at the next meeting. CHEM SEARCH - In a former meeting the $30,000 allocation for taking care of the odor at all the stations was discussed. The Board approved that authorization and steps were taken to get rid of the odor. It was planned to use a de- greasing compound and Chem Search provided a cost. The material was ordered over the telephone, but a company at a much lesser cost was discovered and the order was canceled. By mistake, Chem Search sent the material and after considerable discussions with them regarding the matter, it was finally resolved. The District suffered no loss as a result of this situation. • • • Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 9 ATTORNEY'S REPORT The California Special District Association has requested this Board select from its members an outstanding_ Board member. Following a telephone poll, a Resolution was prepared as follows: RESOLUTION NO. 91 -508 being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT HONORING JAMES A. WAHNER AS A DISTINGUISHED BOARD MEMBER OF THE COSTA MESA SANITARY DISTRICT AND STATING REASONS THEREFOR. Attorney June then read the contents of the resolution. Upon motion by Director Ferryman, seconded by Director Reade, Resolution No. 91 -508 was adopted by the following roll call vote: AYES: Directors - Ferryman, Green, Reade and Sherrick ABSTAINING: Director - Wahner NOES: Directors - None Director Wahner thanked the Board for its vote of confidence. STATUS. REPORT OF PENDING ITEMS - received and filed. Mr. Brock reported that the only new item was the City /District Special Trash Pickup. The collection is now in the fifth week and will run five more weeks. Sixty passes ® were obtained from County Integrated Waste Management Department allowing .free use of the landfill for sixty loads. Free tipping will bring down the total cost of the program. TRASH CONTRACT AMENDMENT Mr. Brock presented the Addendum No. 4 Agreement between the Costa Mesa Sanitary District and Costa Mesa Disposal, Inc. Primarily the items of change are in the definition of occupancy.' After discussion, it was moved by Director Green, seconded by Director Reade that the Addendum No. 4 Agreement be approved. Motion carried 5 -0. ISDOC MEMBERSHIP RENEWAL It was moved by Director Ferryman, seconded by Director Reade, that the membership dues for 1991 -1992 in the Independent Special Districts of Orange County in the amount of $50, be approved. Motion carried 5 -0. WARRANT REPORT 92 -02 Director Reade made a motion, seconded by Director Ferryman, authorizing the President and Secretary to sign Report No. 92 -02, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $515,028.56. Motion carried 5 -0. 11 Costa Mesa Sanitary District Minutes -- August 15, 1991 - -Page 10 . ORAL COMMUNICATIONS Orange County Sanitation District is going ahead with the portion of the Gisler Trunk Line. There have been some delays in the acquisition of rights of way on Gisler Street. They will do the lower portion of it that crosses the Santa Ana River in conjunction with the Corps of Engineers. The Corps put it out as one of their projects, saving about $200,000. ADJOURNMENT Upon motion by Director Reade, seconded by Director Green, and carried 5 -0; the meeting adjourned at 9:25 p.m. Secrecy • 0