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Minutes - Board - 1991-12-12d MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 12, 1991 CALL--TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on December 12, 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 Jim 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 Susan Temple, Finance Director Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of the District Guests: Kurt E. Gjertsen of Kragen Automotive MINUTES OF NOVEMBER 14, 1991: Director Ferryman alluded to the following needed correction to the minutes of November 14, 1991: Page 9, first sentence under Warrant Report 92 -05 should read: "Director Reade made a motion, seconded by Director Green..." Director Ferryman made a motion, seconded by Director Reade, and carried, that the minutes of November 14,,,1991; - -be approved as corected. Director Wahner introduced guest, Kurt E. Gjertsen of Kragen Automotive. WRITTEN COMMUNICATIONS: Manager Morris distributed a thank you card from the Reichle family for the Board's expression of sympathy on the recent loss of Florine's mother. RECYCLING REPORT FROM C. R. TRANSFER, INC. - Diversion rate of • 27.64% was reported for November 1991. Total tonnage, 2,369.60; recycled tonnage, 654.85. Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 2 • Manager Morris presented communication from Mr. Barry Bronson, Director of Marketing for Valvoline, Incorporated, thanking the District for its support. Manager Morris distributed communication from Orange Coast College Foundation for the Friends of Recycling Center Fund thanking the District for its membership in the amount of $100.00. Manager Morris circulated a communication to the Board from Orange Coast College Foundation to accompany them at the 6th Annual Seasonal Soiree and Viewing of the Newport Harbor Parade of Lights, December 19, 1991, at 6:00 p.m. Mr. Morris reminded the Board that a response is required by Friday, December 14, 1991. Mr. Morris distributed a humorous article entitled, "Canned for Discarding His Trash Etiquette," published in The Register, November 19, 1991. RESOLUTION NO. 91 -511 - At this time Director Wahner welcomed Mr. Kurt Gjertsen from Kragen Automotive and Valvoline, Inc. Ms. Reichle read the • proposed resolution to be presented to Kragen Auto Parts and Valvoline, Inc. Director Reade made a motion, seconded by Director Green that Resolution No. 91 -511, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT COMMENDING KRAGEN AUTO PARTS AND ITS ENVIRONMENTAL PARTNER, VALVOLINE, IN THE ESTABLISHMENT OF A PROGRAM THROUGH ITS USED OIL COLLECTION SUBSIDIARIES TO REMOVE FROM THE ENVIRONMENT USED OIL GENERATED BY DO -IT- YOURSELF OIL CHANGES," be adopted. The motion carried by the following roll call vote: AYES: Directors - Wahner, Green, Reade, Ferryman and Sherrick NOES: Directors - None ABSENT: Directors - None Mr. Gjertsen accepted the resolution and thanked the District for its recognition and support. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Morris reported there was no change in the occupancy report from November 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. i Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 3 REFUNDS: Director Sherrick went on record as opposing the denial of refunds to people who are paying for services not received. Suzanne McBrien Mr. Morris presented a request for refund of trash assessment fees from Suzanne McBrien, 1812 Antigua Circle, Newport Beach, Ca 92660, on A.P. No. 422 - 161 -05 in the amount of $140.16. Ms. McBrien is using private trash service. Owner was billed for one unit and should have been billed for six units. Staff is recommending partial refund in order to adjust the sewer rate to account for the six units instead of one. Staff is recommending permanent exemption and partial refund of $70.66 for the 1991 -92 Tax year in accordance with District policy. Director Reade made a motion, seconded by Director Green, to approve the partial refund of $70.66 for the year 1991 -1992. Motion carried 5 -0. Suzanne McBrien Mr. Morris presented a request for refund of trash assessment fees from Suzanne McBrien, 1812 Antigua Circle, Newport Beach, Ca 92660, on A.P. No. 422 - 161 -06 in the amount of $140.16. • Ms. McBrien is using private trash service. Owner was billed for one unit and should have been billed for six units. Staff is recommending partial refund in order to adjust the sewer rate to account for the six units instead of one. Staff is recommending permanent exemption and partial refund of $70.66 for the 1991 -92 Tax year in accordance with District policy. Director Reade made a motion, seconded by Director Green, to approve the partial refund of $70.66 for the year 1991 -1992. Motion carried 5 -0. Clyde Hermanski Mr. Morris presented a request for refund of trash assessment fees from Clyde Hermanski, 15592 Garland Circle, Westminster, CA 92683, on A.P. No. 419 - 171 -30 in the amount of $140.16. Hermanski was billed for one unit and should have been billed for three units. Staff is recommending partial refund in order to adjust the sewer rate to account for the three units instead of one. Staff is recommending permanent exemption for trash fees and partial refund of $114.79 for the 1991 -92 Tax year in accordance with District policy. Director Ferryman made a motion, seconded by Director Green, to approve the partial refund of $114.79 for the year 1991 -1992. Motion carried 5 -0. Western Thrift Financial Mr. Morris presented a request for refund of trash assessment fees from Western Thrift Financial, 2000 Harbor Boulevard, • Costa Mesa, California 92627, on A.P. No. 419 - 203 -01 in the amount of $3,937.24. Parcel is being charged as 11 units and Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 4 • should be charged as commercial. Staff recommended a partial refund of $1,541.76 for the 1991 -92 Tax year in accordance with District policy. It was the consensus of the Board that it was the District's responsibility to have determined by field check that these units should have been charged as commercial. Thereupon Director Ferryman made a motion, seconded by Director Sherrick, to approve the full refund request of $3,568.92. Motion carried 5 -0. Francis Lo Mr. Morris presented a request for refund of trash assessment fees from Francis Lo, 3430 Irvine, Newport Beach, California 92660, on A.P. No. 439 - 362 -06 in the amount of $1,109.07. Mr. Lo has requested refund for two tax years; according to District policy staff is recommending partial refund of $700.80 and permanent exemption for trash fees for the 1991 -92 Tax year. Director Green made a motion, seconded by Director Reade, to approve the partial refund of $700.80 for the year 1991 -1992. Motion carried 5 -0. Briggs Development Mr. Morris presented a request for refund of $78.00 (this item being returned from November 14, 1991 meeting after recalculation) from Briggs Development, 23046 Avenida Carlotta, Laguna Hills, CA 92653 for Permit Fees for two laterals requested when it should have been for one lateral. Staff is recommending full refund in the amount of $78.00. Director Ferryman made a motion, seconded by Director Reade, that the refund of $78.00 be approved. Motion carried 5 -0. John Koehler Mr. Morris presented a request for refund of trash assessment fees from John Koehler, 310 Corsair, Seal Beach, California 90740, on A. P. 139 - 564 -08, of $560.64. Since Mr. Koehler is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Reade made a motion, seconded by Director Ferryman, to approve the requested refund of $560.64. Motion carried 5 -0. Doug Jenan Mr. Morris presented a request for refund of trash assessment fees from Doug Jenan, 177 Riverside, Newport Beach, California 92663, on A. P. 424 - 053 -20, of $560.64. Since Mr. Jenan is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director Green, to approve the requested refund of $560.64. Motion carried 5 -0. • Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 5 40 Frederick McBrien and Constance Robles Mr. Morris presented a request for refund of trash assessment fees from Frederick McBrien and Constance Robles, 5422 Kenosha, Irvine, California 92715, on A. P. 422 - 162 -03, of $840.96. Since private service is being used, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Green made a motion, seconded by Director Reade, to approve the requested refund of $840.96. Motion carried 5 -0. Thomas Rice Mr. Morris presented a request for refund of trash assessment fees from Thomas Rice, 173 Mesa Drive, Costa Mesa, California 92627, on A. P. 439 - 221 -24, of $700.80. Since Mr. Rice is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director Green, to approve the requested refund of $700.80. Motion carried 5 -0. Suzanne McBrien Mr. Morris presented a request for refund of trash assessment fees from Suzanne McBrien, 1812 Antigua Circle, Newport Beach, California 92660, on A. P. 426 - 181 -13, of $1,121.28. Since Ms. McBrien is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director Green, to approve the requested refund of $1,121.28. Motion carried 5 -0. Ben Selbst Mr. Morris presented a request for refund of trash assessment fees from Ben Selbst, 3090 Mace Avenue, Costa Mesa, California 92626, on A. P. 139- 551 -07, of $560.64. Since Mr. Selbst is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director Green, to approve the requested refund of $560.64. Motion carried 5 -0. Constance Robles Mr. Morris presented a request for refund of trash assessment fees from Constance Robles, 5422 Kenosha Lane, Irvine, CA 92715, on A. P. 422 - 162 -04, of $840.96. Since Ms.,Robles is using a private service, staff is recommending full refund for the year 1991 -92 and a permanent exemption from trash fees, according to District policy. Director Reade made a motion, seconded by Director Ferryman, to approve the requested refund of $840.96. Motion carried 5 -0. • Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 6 • Harbor Assembly of God Mr. Morris presented a request for refund of trash assessment fees from the Harbor Assembly of God, 740 W. Wilson, Costa Mesa, California 92627, A. P. No. 422 - 371 -19, of $420.48. Parcel is being billed for three units and should be billed as commercial 5,600 square feet. Staff is recommending full refund and a permanent exemption from trash fees. Director Green made a motion, seconded by Director Reade, to approve the requested refund of $420.48. Motion carried 5 -0. Varkel Snaier Mr. Morris presented a request for refund of trash assessment fees from Varkel Snaier, 23141 La Cadena, Unit L, Laguna Hills, CA 92653, on A. P. 422 - 072 -05, of $981.12. Since Mr. Snaier is using private service, staff is recommending full refund for the year 1991 -92 and permanent exemption from trash fees, according to District policy. Director Ferryman made a motion, seconded by Director Green, to approve the requested refund of $981.12. Motion carried 5 -0. Additional Information Concerning Proposal from Creative Management Solutions: Mr. Morris submitted to the Board the revised proposal from • Mr. Barry C. Newton of Creative Management Solutions, for a study of the District's manpower needs. Mr. Morris alluded to the December 5, 1991, proposal letter from Creative Management Solutions, informing the Board that this proposal was submitted for consideration following the study session. Mr. Morris requested the Board to review this most recent proposal, dated December 5, 1991, which is based on the District's current needs. After discussion, it was moved by Director Reade, seconded by Director Green, that the December 5, 1991, proposal be approved in the amount of $2,460, to be paid in two equal increments of $1,230 on December 31, 1991, and January 17, 1992. Motion carried 5 -0. Director Reade amended his motion to include "full -time City employee," on page 1, item 1, subsection "C." Amended motion was seconded by Director Green and carried 5 -0. Mr. Morris reminded the Board that the second phase of the study by Creative Management Solutions, includes the recycling manpower needs, and was originally proposed at $2,600. Manager Morris was instructed by the Board to bring back the recycling portion of the proposal to the January 16, 1992 Study Session and then to the February meeting and that Mr. Barry Newton be invited to the January 9, 1992 meeting to present a status report. Mr. Morris asked to read into the minutes that at the study session of December 4, 1991, the Management Proposal was • discussed. Attorney June indicated that the study session was • Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 7 attended by all members of the Board as well as the Attorney for the District. TREASURER'S REPORT: Ms. Temple presented the Financial Report for November 1991. After discussion and review, Director Ferryman made a motion, seconded by Director Green, and unanimously carried, that the Financial Report for November 1991, be approved. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers reported there were no additions to the project status report. Review of Sewer Plans by Costa Mesa Sanitary District Engineer: Mr. Hamers presented a list of projects within the Costa Mesa Sanitary District where the Engineer has signed for the District and as a private engineer, for the Board to determine that no conflict of interest exists. The projects are as follows: • 225 E. 17th Street New lateral 9/6/91 2937 Bristol Street New lateral 9/25/91 2058 -2062 Placentia Existing lateral 9/27/91 It was moved by Director Sherrick, seconded by Director Ferryman, following a review of the sewer plans, that no conflict of interest exists. Motion carried 5 -0. SOUTH COAST PLAZA EASEMENT DEED - Mr. Hamers presented signed, notarized Easement Deed granting the new easement for the revised sewage pump station at South Coast Plaza, requesting the District execute the document. Director Sherrick made a motion, seconded by Director Ferryman, that the South Coast Plaza Easement Deed be approved and the President and Secretary sign on behalf of the District. Motion carried 5 -0. PROPOSAL TO BEGIN PROJECT 125 - TELEVISING SEWER LINES PHASE IV - Mr. Hamers presented proposal to begin Phase IV of the televising program. The design portion of the project is not to exceed $8,500. It was moved by Director Reade, seconded by Director Ferryman, the design proposal for an amount not to exceed $8,500 be approved. Motion carried 5 -0. AMENDED SERVICE AGREEMENT BETWEEN THE COSTA MESA SANITARY DISTRICT AND THE CITY OF NEWPORT BEACH - Mr. Hamers presented to the Board for signing by the President and Secretary the • previously approved amended Service Agreement between the Costa Mesa Sanitary District and the City of Newport Beach. Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 8 • Motion was made by Director Reade, seconded by Director Ferryman, to authorize execution of the agreement. Motion carried 5 -0. ATTORNEY'S REPORT: SOUTH COAST PLAZA PUMPING STATION - Attorney June reiterated his recommendation that the District not seek reimbursement from South Coast Plaza. Mr. Morris reported the plumbing invoice in the amount of $960.50 which was submitted on November 14, 1991, by Mr. Don Larsen, Construction Coordinator, South Coast Plaza, has been withdrawn. The Orange County Grand Jury has begun to take an interest in the activities of CR Transfer. They met at the site in an informal meeting on December 3, 1991. Mr. Morris did attend the meeting as an observer. Mr. Silva of CR Transfer was there to answer questions. The Grand Jury was very impressed with the new facility. The Grand Jury reviewed the operation of the present manual recycling system that CR Transfer has. The new automated system goes into effect on January 2, 1992, according to Mr. Silva. STATUS REPORT: Received and filed: • HOUSEHOLD TOXIC WASTE DISPOSAL PROGRAM - Mr. Morris reported that staff has contacted the County Integrated Waste Management Department to determine the possibility of having a guided tour of the Huntington Beach Facility for the District Board and staff. Staff will contact Board members to set up a meeting in early January. DISTRICT NAME CHANGE - Staff has begun to reduce its stock of supplies in anticipation of the name change. Both staff and Board members have been asked to develop a list of proposed names for the District. FREEDOM HOMES SEWER LATERALS - Mr. Morris informed the Board that while the staff is working on a new policy, the District has protection under the Sewer Maintenance Ordinance. 3RD ANNUAL TELEPHONE BOOK RECYCLING PROGRAM UPDATE: Ms. Reichle gave an updated report concerning the Third Annual Telephone Book Recycling Program. She reported that 72 tons of telephone books had been recycled to date. CHRISTMAS TREE RECYCLING PROGRAM: A flyer was distributed concerning the annual Christmas tree recycling program sponsored by the City of Costa Mesa, the • Costa Mesa Sanitary District, Costa Mesa Disposal and Western • 0 Costa Mesa Sanitary District Minutes -- December 12, 1991 - -Page 9 Waste Industries. The program will run from December 27 to January 11, 1992. A special truck will be provided by Costa Mesa Disposal, Inc. to collect the trees at the curb in the single- family residences. For all other residents, a drop -off center will be located at TeWinkle Park yard, 890 Arlington Drive, where the trees will be mulched by a tub grinder provided by Western Waste Industries. A free bag of mulch will be given to any member of the community who stops by the yard. Trees may be dropped off 7:00 a.m. to 3:00 p.m., Monday through Saturday. Last year, 8,135 trees were ground into chips and spread in the City's undeveloped park sites. STATEMENT OF POLICY ON BOARD DIRECTIONS TO STAFF: Director Sherrick asked if the Statement of Policy on Board Directors to Staff would be a part of the Directors' manual. Ms. Reichle answered that this policy should be placed in the Directors' manual. NEW BUSINESS: WARRANT REPORT 92 -06: Director Reade made a motion, seconded by Director Ferryman, authorizing the President and Secretary to sign Report No. 92 -06, instructing the City of Costa Mesa to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $348,462.47; $60.00 from the Facilities Revolving Fund; total amount of $348,522.47. Motion carried 5 -0. ORAL COMMUNICATIONS: Director Reade expressed concern about the office space provided for the District. Director Sherrick mentioned the letter he had written to the City Council, City Attorney and Orange County Sanitation Districts regarding action taken at the November meeting. ADJOURNMENT: Upon motion by Director Reade, seconded by Di ector Green, and carried 5 -0, the meeting adjourned t 0 .m. r' re iden Secr6tary