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Minutes - Board - 1992-02-13• MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 13, 1992 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on February 13, 1992, 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: Directors Absent: Staff Present: Guests: President Wahner introduced the guests. James Wahner, Harry Green, Nate Reade, James Ferryman Dick Sherrick William Morris, Manager Roy June, Attorney Susan Temple, Finance Director Robin Hamers, Engineer Florine Reichle, Assistant Manager /Clerk of the District Jan and Tim Pedersen, and Jan. Birklebach, Pacific Bell Directory MINUTES OF JANUARY 9 AND JANUARY 23, 1992: It was moved by Director Green, seconded by Director Reade, and carried, that the minutes of January 9, and January 23, 1992, be approved as presented. - WRITTEN COMMUNICATIONS: Mr. Morris circulated a letter from Director and Mrs. Reade in appreciation for the condolences expressed and flowers sent by the District on the passing of their son —in —law. Mr. Morris circulated an article which was printed in the Orange. County Register on January 24, 1992, on Orange Coast College's recycling center. J Costa Mesa Sanitary District Minutes -- February 13, 1992- -Page 2 • Mr. Morris distributed a memorandum from Susan Temple, Director of Finance, in response to a request from Director Reade as to how the floor space is calculated for the Sanitary District. Basically, the Sanitary District is not currently charged rent for office space occupied by District staff. Mr. Morris alluded to an additional item of correspondence pertaining to the Household Hazardous Waste Funding which will be addressed later in the Agenda. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Morris reported an addition of 8 units to the occupancy report from January 1992. Total occupancy count is 22,782. Motion was made by Director Reade, seconded by Director Green, to accept the occupancy count report as presented. Motion carried 4 -0 Director Sherrick, absent. REFUNDS: Jan Pedersen • Mr. Morris presented a request for refund of trash assessment fees from Jan Pedersen, 1996 Maple, Unit 9, Costa Mesa, CA 92627, on seven separate parcels on: A.P. No. 422 - 092 -18 - $476.31 for 1990 -1991 A.P. No. 422 - 092 -19 - $476.31 for 1990 -1991 A.P. No. 422 - 092 -20 - $476.31 for 1990 -1991 A.P. No. 422 - 092 -21 - $476.31 for 1990 -1991 A.P. No. 422 - 092 -22 - $476.31 for 1990 -1991 A.P. No. 422 - 092 -23 - $476.31 for 1990 -1991 A.P. No. 422 - 092 -24 - $476.31 for 1990 -1991 In accordance with the District's policy of refunding only the prior year's assessment, staff is recommending denial of this request since it was noted that refunds for 1991 -92 had been approved in November 1991, but to place a permanent exemption on the above - listed properties. Ms. Pedersen was present to offer input to her request. In response to her question concerning the District's policy, Mr. June briefly explained to Ms. Pedersen the history of the Assessment District and subsequent policy of the District. Director Ferryman made a motion, seconded by Director Reade, to deny Jan Pedersen's request for a refund for the 1990 -1991 year on the above - listed properties. Motion carried 4 -0, Director Sherrick, absent. • Costa Mesa Sanitary District Minutes -- February 13, 1992 - -Page 3 • Jan Pedersen Mr. Morris presented a request for refund of trash assessment fees from Jan Pedersen, 1966 Maple, Unit 9, Costa Mesa, California 92627, on A.P. No. 422 - 092 -16 in the amount of $308.54. Mr. Morris informed the Board that staff is recommending approval of the refund request since this parcel is a small strip of land used for driveway access only and will be placed on vacant lot status. The refund represents: 1991 -1992, $140.16, trash and $18.76, sewer; and 1990 -1991, $136.09, trash, and $13.53, sewer. Director Reade made a motion, seconded by Director Ferryman, that the refund request of $308.54 be approved. Motion carried 4 -0, Director Sherrick, absent. Paul Purtell Mr. Morris presented a request for refund of trash assessment fees from Paul Purtell, 6278 Pitcairn Street, Cypress, CA 90630, on A.P. No. 424 - 051 -17 in the amount of $560.64 for 1991 -92 tax year. In accordance with District policy, staff is recommending approval of Mr. Purtell I s request and to place a permanent exemption on the property. Director Reade made a motion, seconded. by Director Ferryman, to approve the full refund of $560.64-for the year 1991 -92. Motion carried 4 -0. • Director Sherrick, absent. Robert Cirac Mr. Morris presented a request for refund of trash assessment fees from Robert Cirac, 8931 Bosun Circle, Huntington Beach, CA 92646, on A.P. No. 426- 121 -02 in the amount of $1,1.21.28 for 1991 -92 since a private service is being used. In accordance with District policy, staff is recommending a full refund and to place a permanent exemption on the property. Director Ferryman made a motion, seconded by Director Reade, to approve the full refund requesting the amount of $1,121.28 for the year 1991 -92. Motion carried 4 -0. Director Sherrick, absent. Donald Eide Mr. Morris presented a request for refund of trash assessment fees from Donald Eide, 7401 Seabluff, Unit 111, Huntington Beach, CA 92648, on A. P. 419 - 032 -03, of $1,401.60 for 1991- 92. Since Mr. Eide 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 $1,401.60. Motion carried 4 -0, Director Sherrick, absent. F_ 1, LJ J Costa Mesa Sanitary District Minutes -- February 13, 1992 - -Page 4 • Betty Caplinger Mr. Morris presented a request for refund of trash assessment fees from Betty Caplinger, 30582 N. Hampton Road, Laguna Niguel, CA 92677, on A. P. 439- 221 -51 of $981.12 for 1991 -92. Since Mr. Caplinger 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 Green made'a motion, seconded by Director Reade, to approve the requested refund of $981.12. Motion carried 4 -0. Director Sherrick, absent. Source Reduction and Recycling Element: Mr. Morris informed the Board that the City staff has completed the re -draft of the Source Reduction and Recycling Element, adding suggestions received from the City, State, County and the Sanitary District Board. The report was presented to Director Ferryman in full for his review and report to the Board. TREASURER'S REPORT: Prior to approving the Financial Report, Director Wahner recommended that the Directors be reimbursed for their • expenses for attending meetings on behalf of the District. After discussion, it was moved by Director Reade, seconded by Director Green, and carried, that this item be placed on the March agenda for further discussion. Ms. Temple presented the Financial Report for January 1992. After discussion and review, Director Reade made a motion, seconded by Director Green, and unanimously carried, that the Financial Report for January 1992, be approved. Ms. Temple briefly discussed the Governor's proposal to eliminate Special District Property Tax Revenue and how his proposal could affect the District. The Governor is proposing that certain tax revenues be redirected to the school districts. If the Governor's proposal is approved, it could possibly mean an increase in the Sanitary District sewer assessment by approximately $2.36 per single family occupant. Ms. Temple presented the Auditor's Report for information of the Board. DIVERSION REPORTS FOR DECEMBER 1991 AND JANUARY 1992: Mr. Morris presented the Diversion Reports for December, 1991 and January, 1992 as follows: • Costa Mesa Sanitary District Minutes -- February 13, 1992--Page 5 December: Total Tonnage: 2,594.79 % Recycled: 26.87% January: Total Tonnage: 2,668.27 % Recycled: 27.05% Upon motion by Director Reade, seconded by Director Ferryman, and carried, the December 1991 and January 1992 Diversion Reports were accepted. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers reported there were no additions to the project status report. Development Update: There was nothing new to report. Review of Sewer Plans by Costa Mesa Sanitary District Engineer: Mr. Hamers presented a review of sewer plans in order for the Board to determine whether or riot there exists a conflict of interest. The list included: 2680 Orange Ave.. Type of Sewer Connection: Sewer Lateral 210 16th Street Type of Sewer Connection: Sewer Lateral • 217 -223 16th P1. Type of Sewer Connection: Sewer Lateral After a review of the sewer plans, it was moved by Director Ferryman, seconded by Director Reade, that there was no conflict of interest. Motion carried 4 -0, Sherrick, absent. FOAMING SEWER LINES PROJECT: Engineer Hamers presented the proposed rates for completing the design of the Foaming Sewer Lines Project, which includes reviewing the results of the recent televising projects, reviewing video tapes of various sewer lines, compiling lists of lines to be foamed and preparing maps showing the lines. It was moved by Director Ferryman, seconded by Director Reade, that the proposal be approved as presented not to exceed $7,200. Motion carried 4 -0, Director Sherrick, absent. EMERGENCY SEWER BREAK: Mr. Hamers informed the Board of an emergency sewer break on Fair Drive. After excavation on January 31, 1992, it appears the District line was disturbed when Edison lines were installed. Staff was directed to pay the contractor for the work performed and work with the Edison Company to determine how reimbursement will be handled. Director Reade made a motion, seconded by Director. Ferryman, and carried, that staff be directed to work with the Edison Company in resolving this matter. Costa Mesa Sanitary District Minutes -- February 13, 1992 - -Page 6 • ATTORNEY'S REPORT: POTLATCH /SIMPSON CLAIM - Attorney June reported to the Board that the County Sanitation District's legal counsel continues to negotiate towards settlement, which settlement would include the District in the common defense settlement agreement. The proposed amendment to the contract does not affect the District. COUNTY /NEWPORT BEACH - NOTICE OF INTENT TO FRANCHISE Mr. June alluded to the Trash Hauler Notice of Intent to Franchise and reminded the Board that although the notice is adequate to cover trash haulers doing business within the city limits of Costa Mesa, a portion of the Costa Mesa Sanitary District is within the County of Orange as well as Newport Beach. Therefore, according to §49502, Public Resources Code, the District is required to also send notices to trash haulers within the County territory and with the City of Newport Beach. Staff was directed to follow through with sending said notices to the list of haulers provided. The Board recessed at 8:30 and reconvened at 8:40 p.m. STATUS REPORT: Received and filed: CHRISTMAS TREE RECYCLING PROGRAM - Ms. Reichle reported on the results of the 2nd Annual Christmas Tree Recycling Program. The program which was sponsored by the City of Costa Mesa, Costa Mesa Sanitary District, Western Waste Industries and Costa Mesa Disposal, Inc. collected a total of 8,861 trees. Cost to the District to publicize and promote the program was $2,635. The City Planning Division will begin preparations for incorporating fees to offset some of the costs of the program for next year through fee vendor permits. NEAL GRUBER LETTER Mr. Morris discussed the communication received from Mr. Neal G. Gruber, Supervisor Tax Unit, County of Orange, in response to the District's letter asking why the city /district name is not clearly shown on the property tax bill for special assessment /user fees, etc. Basically, Mr. Gruber explained that because of the large volume of items that had to be placed on the tax statements, the County was limited in how many variations could be used. 0 ENVIRONMENTAL PROFESSIONALS ORGANIZATIONS Director Wahner reminded the Board that he had been invited to join EPO, Environmental Professionals Organization, a professional group for those responsible for environmental • matters. He requested the Board approve membership for himself and one alternate member; approve reimbursement of • Costa Mesa Sanitary District Minutes -- February 13, 1992 - -Page 7 Director Wahner's costs for membership, dinner and attendance on January 29, 1992; that a report be made at the first regular.meeting following the EPO meeting; and the staff include projected expenses in the Fiscal Year 1992 -1993 Budget. It was moved by Director Reade, seconded by Director Green, that the District join said organization and that Director Wahner represent the District, with Director Ferryman as alternate representative, and that Director Wahner be reimbursed in the amount of $165 for membership, dinner and attendance. Motion carried 3 -0, Director Wahner, abstaining, Director Sherrick, absent. HOUSEHOLD HAZARDOUS WASTE PROGRAM - Mr. Morris discussed the Notice of Funding Availability under the Household Hazardous Waste (HHW) Grant Program. He further informed the Board that February 28, 1992, is the deadline for submitting an application for funds. Discretionary grant recipients are eligible to receive up to $120,000 in an individual grant. After discussion Director Reade moved that the District apply for a grant to fund a public education program on household hazardous waste, seconded by Director Green. Motion carried 4 -0, Director Sherrick, absent. ONE -DAY TOXIC CLEANUP EVENT - Mr. Morris reported to the • District that a letter had been received from Special District Risk Management Authority informing the District that they are unable to extend coverage to the Costa Mesa Sanitary District for the proposed one -day toxic substances round -up. Mr. Maddalena of the Risk Management Authority stated it was very difficult to, obtain pollution coverage. Therefore, the District may have to self - insure any HHW program it undertakes. Information obtained from Alhambra and Reseda indicates a possible cost for a one -day event in Costa Mesa could be as high as $450,000. In light of the information presented by staff on a one -day household hazardous waste collection program, Director Reade said he would be in favor of an educational program which would -teach the residents to identify HHW and the use of substitute products, and to encourage use of the County facilities for the proper disposal of HHW. NEW BUSINESS: RESOLUTION COMMENDING PACIFIC BELL DIRECTORY FOR IT$ LEADERSHIP: Mr. Jan Birklebach, Division Manager from Pacific Bell, was introduced and was present to represent Pacific Bell Directory. At this time Ms. Reichle read Resolution No. 92 -514 commending Pacific. Bell for its leadership in the • telephone directory recycling project. Costa Mesa Sanitary District Minutes -- February 13, 1992 - -Page 8 Whereupon, Director Reade, made a motion, seconded by Director Ferryman, the Resolution No. 92 -514, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT COMMENDING PACIFIC BELL DIRECTORY FOR ITS LEADERSHIP IN THE PRODUCTION OF RECYCLABLE DIRECTORIES AND PROMOTION OF PROGRAMS FOR THEIR COLLECTION AND RECYCLING AND STATING REASONS THEREFOR" be adopted. The motion carried by the following roll call vote: AYES: Directors - Wahner, Green, Reade, Ferryman NOES: Directors - None ABSENT: Directors - Sherrick Mr. Birklebach thanked the Board for its appreciation and recognition and reiterated that Pacific Bell Directory would be offering its assistance again this year. CHANGE IN NUMBER OF MEETINGS - be placed on the pending items Board is in attendance. WARRANT REPORT 92 -08: The Board requested this item list and voted upon when a full • Director Green made a motion, seconded by Director Reade, authorizing the President and Secretary to sign Report No. 92 -08, instructing the City of Costa Mesa to draw a warrant 40 from the Costa Mesa Sanitary District General Fund in the amount of $414,578.05. Motion carried 4 -0. Director Sherrick, absent. ORAL COMMUNICATIONS: Director Reade reported to the Board that he had attended the Special District's regular meeting, he asked to have it noted that Director Sherrick also attended. The main topic was the Governor's proposal to reallocate certain revenue to the school districts. He felt the District should go on record opposing the Governor's proposal. It was moved by Director Reade, seconded by Director Green, and carried, that the District go on record with the Governor and state representatives that the District oppose the Governor's proposal. Staff was directed to send a letter stating District opposition, with copies to local legislators. Motion carried 4 -0, Director Sherrick absent. Director Wahner reported on the Environmental Professional Organization dinner meeting he attended January 29, 1992. Mr. James Strock was the speaker, and one point he emphasized was that some of the environmental regulations need to be modified if a goal is to keep business in California and not to drive them to other states. Director Wahner further reported that • he felt this new organization would present information that is vital to District business administration. • • Costa Mesa Sanitary District Minutes -- February 13, 1992 - -Page 9 ADJOURNMENT: Upon motion by Director Reade, and carried 4 -0, the meeting adjourned meeting February 27, floor conference room, Costa staff in attendance. ?resident seconded by Director Ferryman, adjourned, at 9:10 p.m. to an 1992, 5:00 p.m., in the fourth Mesa Civic Center, with full