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Minutes - Board - 1992-04-13 (2)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" section. Staff will check into this and bring back at the May meeting. At this time Director Wahner brought Item vI. B. to the front of the Agenda. District Manager Position. 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. k Costa Mesa Sanitary District Minutes- -April 13, 1992 - -Page 2 o Letter of appreciation to Bill Morris on behalf of the Board of • 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 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 6 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 is 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 Report 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. President Secretary 40