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Minutes - Board - 1991-10-10w r MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 10, 1991 r� CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary Districts met in regular session on October 10, 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 James Ferryman 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: William Morris; Manager Roy June, Attorney Donna Theriault, Accountant Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of .the District Guest: Michael Carey MINUTES OF SEPTEMBER 12 AND 23, 1991: Director Sherrick mentioned that the minutes of September 12, 1991, page 7, Resolution No. 91 -509 should reflect his voting "No." On page 4, the refund of Elizabeth Wells should be corrected to $296.76. Motion was made by Director Reade, seconded by Director Green; and carried-that the minutes of September 12 and 23, 1991, be-approved as corrected. Director Wahner introduced guest, Michael Carey, Director of Orange Coast College Recycling Center. MANAGER'S REPORT: Mr. Morris reported that the Costa Mesa Sanitary District held a study session on October 9, 1991, for the purpose of meeting with the City Manager to discuss implementation of Assembly Bill 939. WRITTEN COMMUNICATIONS: • The recycling program waste diversion figures for August and September were as follows: ti Costa Mesa Sanitary District Minutes -- October 10, 1991 - -Page 2 s Recycled Ton. o Recycled • August 803.49 28.82 September 680.17 26.63 Mr. Morris presented a memo from CRT Transfer which highlights the requested annual CPI increase. The Finance Department has been working with CRT on this request. Mr. Morris stated that we would normally use the CPI that is two months before the CPI publication (September CPI figures). The amount of the increase will be presented in November. OCCUPANCY REPORT: Mr. Morris reported there was no change in the occupancy report from September 1991. Total occupancy remains at 22,774. Motion was made by Director Reade, seconded by Director Green, to accept the occupancy count report as presented. Motion carried 5 -0. REFUNDS: Director Sherrick went on record as opposing the denial of refunds to people who are paying for services not received. Mr. Morris presented a request for refund of trash assessment • fees from Richard Shirey, 8902 Burlcrest Drive, Huntington Beach, CA 92646, on A. P. No. 425 - 153 -11 in the amount of $2,014.00 - Partial refund was recommended because exemption form had not been filed - Director Green made a motion, seconded by Director Reade, to approve the partial refund of $1,401.60 for 1991 -1992. Motion carried 4 -1 - Sherrick voting no. Mr. Morris presented a request for refund of trash assessment fees from Mehdi Javadi, P. O. Box 9698, Newport Beach, CA 92658, on A.P. No. 425 - 415 -10, in the amount of $1,742.31. - Partial refund was recommended because exemption from assessment had not been filed. Director Reade made a motion, seconded by Director Green, to approve the partial refund of $840.96 for 1991 -1992. Motion carried 4 -1 - Sherrick voting no. Mr. Morris presented a request for refund of $90.00 for Permit Fees from Ken Lancaster, 212 Virginia, Costa Mesa, CA 92627, as fixtures are being relocated only. Full refund recommended. Director Reade made a motion, seconded by Director Ferryman that the full refund of $90.00 for permit fees be refunded. Motion carried 5 -0. Mr. Morris presented a request for refund of $1,380.00 for Permit Fees from Ming Cheng Chen, 2205 Harbor Boulevard, Costa Mesa, California 92627, as fixture fees were paid twice. Full • refund recommended. Director Reade made a motion, seconded by Costa Mesa Sanitary District.Minutes -- October 10, 1991 - -Page 3 • Director Ferryman, that the full refund of $1,380.00 for permit fees be refunded. Motion carried 5 -0. Source Reduction and Recycling Element Committee - CA Integrated Waste Management Plan: Mr. Morris reported that the staff report delineates tentative agendas for the adoption of the Source Reduction and Recycling Element by the City of Costa Mesa which has been developed and reviewed by the City Council, the County of Orange and the State of California. This document is being updated based on the input received from those agencies. The City plans to adopt this document by the first part of 1992. Exhibit "A" provides the tentative calendar for City implementation; Exhibit "B" shows tentative schedule for possible joint powers agreement for Management of Source Reduction and Recycling Element; and Exhibit "C" is the Recycling Component and SRRE Integration . Component Implementation Schedule. After discussion, it was moved by Director Ferryman, seconded by Director Reade, and carried, that Attorney June.work with the City Attorney in 'developing the proposed Joint Powers Agreement. Mr. Morris suggested that,the directors meet with the City Council when they hold their 4:00 p.m. November 12 study session.; Director Sherrick expressed thanks and appreciation to staff for the work accomplished on this project. Orange Coast College Recycling - Membership in Friends of the OCC Recycling Center: Mr. Michael Carey of the Orange County Recycling Center was introduced to the Board. Mr. Carey discussed the history of the Recycling Center over the past 21 years. He stated that the. center had operated solely as a non - profit business owned by the Associated Students of OCC with limited revenue sources and is finding that because of a shortage of funds, services may have to be cut. After discussion, it was moved by Director Reade, seconded by Director Green, that the Costa Mesa Sanitary District support the Center by purchasing a lifetime membership in "Friends" in the amount of $100.00. Motion carried 5 -0. TREASURER'S REPORT: Ms. Theriault presented the financial report for September 1991. After discussion and review, Director Reade made a motion, seconded by Director Green, and unanimously carried, that'the Financial Report for September 1991, be approved. ENGINEER'S REPORT: PROJECT STATUS REPORT: • Mr. Hamers reported to the Board the status of the widening of I -405. The Orange County Sanitation District has received the Costa Mesa Sanitary District Minutes -- October 10, 1991 - -Page 4 Costa Mesa Sanitary District's input that we are supportive of the relocation of the sewer line. There are minutes available of that meeting as well as a.map of that area. Status report was received and filed. Review of sewer plans - No report. 21ST STREET PUMPING STATION AT 55 FREEWAY, CMSD 1112100 -113: Mr. Hamers reported that as of September 20, 1991, all work on the Costa Mesa Sanitary District pumping station, located at 21st Street and Newport Boulevard northbound, has been completed. After discussion, Director Sherrick made a motion, seconded by Director Ferryman, that the District accept ownership and maintenance of this facility, requiring one year guarantee on all materials and workmanship from the date of acceptance. Motion carried 5 -0. ACCEPTANCE OF IMPROVEMENTS OF SOUTH COAST PLAZA PUMP STATIONS - SCHULER ENGINEERING, 1112100 -118: Mr. Hamers reported that improvements of the South Coast Plaza Pump Stations were completed on September 27, 1991. Upon motion by Director Ferryman, seconded by Director Green, the improvements of South Coast Plaza Pump Stations were accepted and the Clerk instructed to file a Notice of Completion. Motion carried 5 -0. 0 Upon motion by Director Ferryman, seconded by Director Reade, payment of 5% retention thirty -five days after Notice of Completion is recorded was authorized; with exoneration of Labor & Material Bond and Faithful Performance Bond after Notice of Completion is recorded; exoneration of loo Guarantee Bond one year after Notice of Completion is recorded. Motion carried 5 -0. ACCEPTANCE OF IMPROVEMENTS OF FOAMING SEWER LINES PACIFIC SEWER MAINTENANCE, PROJECT 1112100 -120: Mr. Hamers reported that the Foaming of Sewer Lines project by Pacific Sewer Maintenance was completed on September 4, 1991. Upon motion by Director Ferryman, seconded by Director Reade, the improvements of Foaming of Sewer Lines was accepted. Motion carried 5 -0. Upon motion by Director Green, seconded by Director Reade, payment of 5% retention thirty -five days after Notice of Completion is recorded was authorized; with exoneration of Labor & Material Bond and Faithful Performance Bond after Notice of Completion is recorded; exoneration of 10% Guarantee Bond one year after Notice of Completion is recorded. Motion carried 5 -0. • Costa Mesa Sanitary District Minutes -- October 10, 1991- -Page 5 BID OPENING: Project 1112100 -123 Pump Stations R ecoating & Maintenance Mr. Hamers informed the Board that only one bid had been received on this project; Schuler Engineering, Inca in the amount of $77,675. He further informed the Board that the bid received meets all requirements as specified in the bid documents and recommended that the contract be awarded. It was moved by Director Sherrick, seconded by Director Ferryman that the contract for Project 1112100 -123, the Pump Stations Recoating & Maintenance, be awarded to Schuler Engineering, Inc., in the amount of $77,675. Motion.carried 5 -0. It was moved by 'Director Sherrick, seconded by Director Ferryman, the proposal to provide inspection services for Project 1112100 -123, Pump Stations Recoating & Maintenance, from Robin B. Hamers & Associates, Inc. be approved in the amount`e-f $8,616. Motion carried 5 -0. `aor 7o eye ee-o ATTORNEY'S REPORT: SOUTH COAST PLAZA PUMPING STATION - Attorney June informed the Board that he would like to table this item until the November meeting as additional information is needed. • COLLECTIVE DEFENSE AGREEMENT: Attorney June discussed the previously distributed Collective Defense Agreement between the County Sanitation Districts 1, 2, 3, 5, 6, 7, 11, 13 and 14 of ORANGE COUNTY and various other public agencies listed in Exhibit "A ", i.e., Cities of Anaheim, Brea, Buena Park, Cypress, Fountain Valley, Fullerton, Huntington Beach, Irvine, La Habra, La Palma, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Yorba Linda, the Costa Mesa .Sanitary District, County of Orange, Garden Grove Sanitary District, Irvine Range Water District, Los Alamitos County Water District, Midway City Sanitary District and Yorba Linda Water .District. He mentioned that this is not the final document. Since a court date is coming up very soon, the Orange County Sanitation Districts would like a firm commitment from all the agencies involved. He commented that the most important aspect of the agreement was outlined in Section 3. "Defense and Indemnity ", page 4. Based on the recommendation of Attorney June, it was moved by Director Sherrick, seconded by Director Ferryman, that the President and Secretary be authorized to sign the final agreement when it is prepared. Motion carried 5 -0. STATUS REPORT - received and filed: Mr. Morris informed the Board that consideration for a- District Newsletter was being held pending completion of the Costa Mesa Sanitary District Minutes -- October 10, 1991 - -Page 6 water billing cycle which contained notification of trash assessment exemption, to be evaluated. At the November meeting there will be a report on the program. Concerning the Household Toxic Waste Disposal Program, Mr. Morris stated that he had received some information from the County of Orange on participation in their Hazardous Waste Facility which is located in Huntington Beach. This facility opened up in February 1991. Approximately 432 Costa Mesa residents have used the facility as of the end of June 1991. Director Sherrick inquired if there was a cost for the service. Mr. Morris replied there is no cost and they will accept up to 5 gallons of material per day. Concerning the District name change, Mr. Morris informed the Board that staff has begun to reduce its stock of forms and other printed material in anticipation that the name may be changed. Both libraries within Costa Mesa were given copies of the approved minutes of August 15, 1991. This will be an ongoing procedure to provide both libraries with copies of the Costa Mesa Sanitary District Agenda and Minutes. Director Sherrick commented that this has been effective in the Mesa Verde area. Mr. Morris informed the Board that.the Special Trash Pickup has been completed. It was jointly sponsored by the City and the District. The District's share of the cost is $15,565. • Total collection during this special pickup was 286.25 tons. 1844 Jamaica Road Sewer Line - This is the situation where part of the house was below street level and a sewer backup had occurred. The District Engineer has drafted a letter to the homeowner advising them that the Code required a back flow preventer and required the homeowner to maintain and that the District cannot be held liable in the event the homeowner does not have that in place. After discussion, it was moved by Director Sherrick, seconded by Director Ferryman, and carried 5 -0 that the letter be signed and mailed. Mr. Morris presented a letter from Creative Management Solutions for management services for the Board's consideration. He asked the Board to consider deferring action on this item until the Board is .further along in a Joint Powers Authority outlined by the two attorneys and get more input to the consultants so they have a clearer grasp of what is needed. Mr. Morris confirmed that the City has offered to pay 50% of the consultant's fees. This would include the review of the Source Reduction Document and what it would entail to take over the entire program. This item was tabled until the Joint Powers Authority is established. Mr. Morris presented an Amended Service Agreement between the • City of Newport Beach and the Costa Mesa Sanitary District to adjust the assessment that is charged for residences in the • Costa Mesa Sanitary District Minutes -- October 10, 1991 - -Page 7 ® City of Newport Beach but are being served by the Costa Mesa Sanitary District, primarily by use of the transmission mainlines. Said Agreement increases the assessment to $17.01 per single family dwelling unit, as well as $17.01 per twenty fixture units for development of other units other than single family. After discussion, it was moved by Director Reade, seconded by Director Green, that the Amended Agreement be approved and forwarded to the City of Newport Beach for execution. Motion carried 5 -0. NEW .BUSINESS: 3RD ANNUAL TELEPHONE DIRECTORY RECYCLING PROGRAM: Ms. Reichle reported on the 3rd Annual Telephone Directory Recycling Program, scheduled to begin November 12 - December 16, 1991. The City of Irvine will also sponsor a similar program this year. Pacific Bell Directory reimbursed the District in the amount of $199.60 last year and this year have contacted staff with an offer to sponsor this year's program. Pacific Bell Directory will provide up to $3,500 to use specifically for promoting the program. This. will include flyers, banners, and posters. An eighth location at Sunflower Avenue between Harbor and Fairview will be added this year. There will be a special mailing to the Harbor Gateway and Irvine industrial complexes advising them where the bins will be placed. Channel 3 News has taped four segments for their ® news programs which will be shown throughout the period leading up to. the program and will film a follow -up story while the program is underway. SECOND ANNUAL CHRISTMAS TREE RECYCLING PROGRAM: Mr. Morris reported on the second Annual Christmas Tree Recycling Program. A committee has been formed to plan this year's program consisting of District and City staff, Mr. Ray Rangel of Costa Mesa Disposal and Mr. Gary Hill, Western Waste Industries.• City staff will manage the project this year. All advertising for the program will be handled by District staff. WARRANT REPORT 92 -04: Director Ferryman made a motion, seconded by Director Reade; authorizing the President and Secretary to sign Report No. 92 -04, instructing the City of Costa.Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the corrected amount of $397,325.44. Motion carried 5 -0. ORAL COMMUNICATIONS: Director Sherrick asked that the following two items be placed on.next month's Agenda for discussion: review of Ordinance No. 13 and Statement of Policy related to the Officers of the District. Costa Mesa Sanitary District Minutes -- October 10, 1991 - -Page 8 Director Sherrick also suggested that a letter to the City be written in response to the recommendation from the Orange County Chapter of the California League of Cities regarding use of County landfill facilities for the disposal of the County's waste stream. He suggested that Mr. June look into the language to be used in this document. ADJOURNMENT: Upon motion by Director Reade, secon D' ector Green, and rrie 5 'O the meeting Presid fit_ Secr tary r 1 �J