Minutes - Board - 1992-04-13•
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MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR ADJOURNED MEETING HELD APRIL 13, 1992
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
April 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: James Wahner, Nate Reade,
James Ferryman, Dick
Sherrick.
Directors Absent:
Staff Present:
Guests:
President Wahner introduced the guest.
MINUTES OF MARCH 12, 1992:
Harry Green was excused
due to illness.
Roy June, Attorney
Donna-Theriault, Finance
Robin Hamers, Engineer
Florine Reichle, .
Assistant Manager /Clerk
of the District
Raul Rangel, President
Costa Mesa Disposal, Inc.
It was moved by Director Ferryman, seconded by Director Reade,
and carried, that the minutes of March 12, 1992, be approved
as presented. Director Sherrick posed a question concerning
the wording in the "Warrant Report" sec:,:: >:1.a: 6t«`_f,.,., ll check
into this and bring - batik. at thr: May meet3rng.
At this time Director Wahner brought Item VI;. B. to the front of
the Agenda. District Manager Positic4n,
Mr. Wahner alluded to the letter submitted to the '.Board
concerning the Acting Manager position and outlining the terms
of the position. It was moved by Director Reade, seconded by
Director Sherrick, that Rob Hamers be appointed Acting Manager
of the Costa Mesa Sanitary District under the terms set forth
in the letter, with compensation being hourly at $55 /hour, not
,to exceed 20 hours a week. Motion carried 4 -0.
Costa Mesa Sanitary District Minutes- -April 13, 1992 - -Page 2
Letter of appreciation to Bill Morris on behalf of the Board of qqw'
Directors signed by President Wahner.
It was moved by Director Ferryman, seconded by Director Reade,
and carried that a letter of appreciation be forwarded to Bill
Morris for his assistance to the Board as Manager.
WRITTEN COMMUNICATIONS:
Mr. Hamers submitted an article concerning Anaheim Disposal,
Inc.'s threat to pull out from Orange County Landfill.
Mr. Hamers submitted a communication from the Finance
Committee, County of Orange Waste Management Commission
concerning proposed Gate Fee recommendations, which is
basically formulated on a 5 —year plan.
Mr. Hamers presented a "Legislative Update" on AB3214,
concerning the 1% Ad Valorem tax. The first vote defeated
this bill, but it has been placed on for Third Reading which
will bring it back to the Assembly on April 8, 1992. Attached
to the Legislative Alert were letters from various legislators
and other entities concerning this bill.
Mr. Hamers shared with the Board a letter from Ed Fawcett of
the Countryside Inn, thanking the Board for their support.
MANAGER'S REPORT:
OCCUPANCY REPORT:
Mr. Hamers reported there had been no change in the Occupancy
Report as of April 1, 1992. Total occupancy count remains at
22,783.
Motion was made by Director Reade, seconded by Director
Ferryman, to accept the occupancy count report as presented.
Motion carried 4 -0.
REFUNDS:
Prior to action on the requested refunds, Director Sherrick
wanted to again place on record that he was opposed to denying
refunds to those individuals who were paying for a service not
being used.
Jen Mien Tsai
Mr. Hamers presented a request for refund of trash assessment
fees from Jen Mien Tsai, P. O. Box 19184, Irvine, CA 92713,
A.P. No. 419 - 192 -10 (formerly 115 - 262 -11) in the amount of
$6,120.69 for the years 1979 -80 — 1991-92. Mr. Hamers informed
the Board that staff is recommending approval of a partial
refund in the amount of $1,078.70 only for the year 1991 -92,
in accordance with District policy, and to be granted •
permanent exemption status. Mr. Hamers also advised the Board
that this calculation took into consideration a sewer
A
Costa Mesa Sanitary District Minutes - -April 13, 1992- -Page 3
- underpayment. After discussion, Director Reade made a motion,
seconded by Director Ferryman, that the refund of $1,078.70 be
approved. Motion carried 3 -1, Director Sherrick voting no.
SOURCE REDUCTION RECYCLING ELEMENT:
DIVERSION REPORT FOR MARCH 1992:
Mr. Hamers informed the Board that upon receipt of the.final
notice of the Waste Diversion Report from C. R. Transfer, it
will be forwarded to the Board under separate cover.
ATTENDANCE AT MARCH 18 AND APRIL 10, 1992, STUDY SESSIONS:
At this time, Mr. Hamers noted for the Minutes that Directors
Wahner, Ferryman, Reade and Sherrick attended the March 18,
1992, Study Session and Directors Wahner, Ferryman, Reade and
Sherrick attended the April 10, 1992, Study Session.
LETTER TO CITY OF COSTA MESA REGARDING SOLID WASTE DISPOSAL:
Attorney June's letter to the Costa Mesa City Council
regarding solid waste disposal was responded to on behalf of
the City by City Manager, Allan Roeder. Mr. Roeder informed
the District that the City had adopted a Resolution of Intent
to enter into a contract with the Costa Mesa Sanitary
• District. It was moved by Director Ferryman, seconded by
Director Reade, that the District approve in concept the
taking over of the City "s obligations on AB939. Motion carried
4 -0.
Mr. Hamers brought to the attention of the Board that Attorney
June would be spending extra time in working with the City to
culminate the necessary documents needed in this project.
Attorney June responded that by May he would have a better
idea of the extra time involved. The Board asked Mr. June to
submit a proposal to cover the costs for the extra time needed
to accomplish this project concerning the AB939 requirements.
SPECIAL TRASH PICKUP:
Mr. Hamers discussed the annual special trash pickup that has
jointly been handled between the City of Costa Mesa and the
Costa Mesa Sanitary District. The City, due to its Budget
constraints, has had to withdraw its support. Mr. Hamers
added that this program helps reduce illegal dumping of large
items on private and public property; reduces injury to
personnel and damage to equipment; and provides positive
consumer relations. He requested that this item be placed on
the May Agenda for further discussion and action by the Board.
It was moved by Director Sherrick, seconded by Director
Ferryman, that the Special Trash Pickup be placed on the May
Agenda, and that staff be instructed to research other
possible means of assistance in the funding of this project.
Motion carried 4 -0.
Costa Mesa Sanitary District Minutes - -April 13, 1992 - -Page 4
TREASURER'S REPORT:
Ms. Theriault presented the Financial Report for March 1992.
After discussion and review, Director Reade made a motion,
seconded by Director Ferryman, and unanimously carried, that
the Financial Peport for March 1992, be approved.
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.
TELEVISING SEWER LINES (PROJECT 125):
Mr. Hamers presented the single bid received from National
Plant Services, Inc., in the amount of $71,491.82, stating to
the Board that this company's bid met the requirements of the
specifications and recommended award of the contract. After
discussion, it was moved by Director Sherrick, seconded by
Director Reade, that the bid for the Televising Sewer Lines
project be awarded to National Plant Services, Inc., in the
amount of $71,491.82. Motion carried 4 -0. •
Mr. Hamers submitted his proposal to complete the necessary
engineering services for the construction phase of the
Televising Sewer Lines project for an amount not to exceed
$28,064. It was moved by Director Reade, seconded by Director
Ferryman, that the proposal be approved for an amount not to
exceed $28,064. Motion carried 4 -0.
UPDATING SEWER ATLAS (PROJECT 76):
Mr. Hamers submitted his proposal to complete the Updating
Sewer Atlas project. He stated that the goal was to update
the atlas to the point where only a yearly update would be
needed. A budget amount of $15,000 is appropriated in the
1991 -1992 budget to complete this project. It was moved by
Director Sherrick, seconded by Director Ferryman to approve
the appropriation of $15,000 to complete the project. Motion
carried 4 -0.
ATTORNEY'S REPORT:
POTLATCH /SIMPSON CLAIM:
Attorney June reported to the Board that responsive pleadings
have been extended to June 1. There is optimism that the •
settlements will occur. The Federal Government filed
additional claims which has also caused some additional delay.
Costa Mesa Sanitary District Minutes- -April 13, 1992 - -Page 5
• PROPOSED POLICY STATEMENT RELATING TO CONTRACT PROVISIONS
CONCERNING FELONIOUS CONDUCT:
Attorney June presented a Policy Statement setting forth
guidelines for dealing with felonious conduct and what can be
done to terminate any contracts with committed felons.
Director Sherrick asked if this included all contracts and any
dealings that might be handled by the Manager. Attorney June
responded there would be no contracts approved by the Manager
without first coming before the Board. After further
discussion, it was moved by Director Reade, seconded by
Director Ferryman to adopt the Policy Statement as submitted.
Motion carried 4 -0.
SENATE BILL 1538:
Attorney June gave a brief report on Senate Bill 1538 relating
to proposed revisions to the Brown Act, which is being
considered by the Senate Government Committee. He recommended
that staff be authorized to contact representatives urging
strong opposition to Senate Bill 1538. Staff was directed to
contact all legislators involved to oppose passage of this
Bill.
PENDING ITEM STATUS REPORT: Received and filed:
® NEW BUSINESS:
STATEMENT OF ECONOMIC INTEREST - DIRECTOR GREEN:
It was moved by Director Reade, seconded by Director Ferryman,
and carried 4 -0, that the filing of Director Green's Statement
of Economic Interest be deferred until Director Green has
recovered from his illness and is able to file this document.
COSTA MESA CHAMBER OF COMMERCE MEMBERSHIP RENEWAL:
Staff recommended that the Board renew the annual Costa Mesa
Chamber of Commerce membership in the amount of $345.00.
After discussion, it was moved by Director Reade, seconded by
Director Sherrick, that the District renew the annual
membership in the Chamber of Commerce in the amount of
$345..00. Motion carried 3 -0 with Director Ferryman abstaining
as he is a member of the Chamber Board of Directors.
WARRANT REPORT 92 -10:
Director Sherrick made a motion, seconded by Director
Ferryman, authorizing the President and Secretary to sign
Report No. 92 -10, instructing the City of Costa Mesa to draw
• a warrant from the Costa Mesa Sanitary District General Fund
in the amount of $404,496.64. Motion carried 4 -0.
\
Costa Mesa Sanitary District Minutes--April 13, 1992 - -Page 6
ORAL COMMUNICATIONS: •
Director Ferryman brought up his concerns on the potential
costs to residences and businesses involved with franchising
out trash collection. Other members of the Board expressed
their concern that a complete layout of all costs be conducted
in the upcoming process.
Director Sherrick expressed concern that he did not get a
chance to review the letter that went out to the Fair
Political Practices Commission. Mr. Hamers assured the Board
that in the future °all pertinent correspondence would be
reviewed by the Board prior to mailing.
Director Sherrick further expressed his desire to have a copy
of the Source Reduction and Recycling Report. The Board
directed staff to see that all Board members and staff members
receive a copy of the document.
Director Sherrick recommended to the Board that Barry Newton
be hired by the Board to assist in the reorganization of
staff. It was requested that this item be placed on the May
Agenda.
Director Sherrick also suggested that the Board set a Study
Session that would include the Board, Manager Pro Tem,
Attorney June and Barry Newton. Director Wahner interjected
that he would like for the Acting Manager to have some more
time to become acclimated before setting another Study
Session.
Director Wahner
upcoming EPO mee
cover the cost
suggested he pay
made on the May
attendance.
ADJOURNMENT:
mentioned that he would be attending the
ting and requested reimbursement of $40.00 to
of the dinner and meeting. Ms. Reichle
for the dinner and reimbursement of $40.00 be
warrant list. The Board concurred with his
President Wahner adjourned the meeting at 8:40 p.m.
✓,ee Presiden
.4ss�(sr44lr Secretary
•
COSTA MESA
Costa Mesa Recycles
iLOV
DISTRICT
DIRECTORS
James A. Wahner, President
James Ferryman, Vice President
Harry S. Green, Secretary
Nate Reade
Dick Sherrick
THE COSTA MESA SANITARY DISTRICT REGULARLY SCHEDULED BOARD
MEETING WILL NOT BE HELD ON APRIL 9, 1992. .
THE BOARD WILL MEET ON MONDAY, APRIL 13, 1992 AT 7:30 P.M.
IN THE FIRST FLOOR CONFERENCE ROOM AT THE CIVIC CENTER.
Flofind T. Reichle
Clerk of the District
•
P.O. BOX 1200, COSTA MESA, CALIFORNIA 92628 -1200 • 77 FAIR DRIVE • (714) 754 -5043