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Minutes - Board - 1992-07-09 (2)l �J • 40 • MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS REGULAR MEETING HELD JULY 9, 1992 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on July 9, 1992, 7:30 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. The meeting was called to order by President Wahner. Directors Present:. James Wahner, Nate Reade, James Ferryman, Dick Sherrick Directors Absent: Harry Green (excused) Staff Present: Roy June, Attorney, Robin Hamers, Manager/ Engineer, Susan Temple, Treasurer, Florine Reichle, Assistant Manager /Clerk of the District Guests: Carmen Azua Director Wahner called the meeting to order at 7:30 p.m. Director Sherrick led the Pledge of Allegiance. Director Reade gave the Invocation. Director Wahner welcomed guest, Carmen Azua. MINUTES OF JUNE 11, 1992: Director Sherrick called attention to the minutes, page 5, motion on Budget should show him as abstaining. It was moved by Director Ferryman, seconded by Director Reade, and carried, that the minutes of June 11, 1992, be approved as corrected. It was noted that at the June 18, 1992, Study Session, Directors Wahner, Ferryman and Reade were present. Absent were Directors Sherrick and Green (excused). WRITTEN COMMUNICATIONS: Mr. Hamers presented a synopsis of the Sanitation Intern Duties. At present, the Intern works 30 hours per week during the preparation of the trash and sewer assessment roll. The intern is familiar with the Sanitation computer system and also does field investigations.and map searches of parcels in questions; and he performs other related duties as.needed. Y Minutes of the Costa Mesa Sanitary District Regular Meeting of July 9, 1992 -- Page 2 Mr. Hamers presented letter from Attorney June directed to himself regarding Mr. June's meeting with the City Attorney concerning the Sanitary District's proposed program for the enforcement of AB -939. Basically, the City Attorney states that he is willing to recommend to the City Council that the City of Costa Mesa join with the Sanitary District in a joint powers authority for the enforcement and administration of Assembly Bill 939. Mr. Hamers stated this would be discussed further into the meeting under "Reports ". The next communication presented was a claim from Patricia F. Lyon, 412 Running Spring Drive, Palm Desert, California 92260, alleging that on June 9/10, 1992, the trash haulers had hit her car cracking her headlight, for total damages in the amount of $648.47. After discussion, it was moved by Director Reade, seconded by Director Ferryman, that this item be declared an emergency item and placed on this Agenda for action. Motion carried 4 -0. It was moved by Director Ferryman, seconded by Director Reade, and carried, that the claim of Patricia F. Lyon be rejected. Motion carried 4 -0. Staff was instructed to forward a copy of said claim to Costa Mesa Disposal. • Mr. Hamers circulated a copy of the advertisement on the large • item pick —up program that was published in the Daily Pilot on June 24, July 1 and July 3. Mr. Hamers reminded the Board that this ad was paid for by Costa Mesa Disposal in the amount of $472.50. Mr. Hamers also circulated a copy of an article in the Los Angeles Times entitled: "Bulky Items to be Picked Up in City." MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Hamers reported there was an increase in the trash and garbage collection of four units as of July 1, 1992, thereby making the Occupancy Report now at 22,785. Motion was made by Director Ferryman, seconded by Director Reade, to accept the occupancy count report as presented. Motion carried 4 -0. REFUNDS: David & Betty Van Malsen Mr. Hamers presented a request for refund of trash assessment fees from David and Betty Van Malsen, 785 W. 18th Street, C -2, Costa Mesa, Assessor's Parcel No. 939 - 290 -39, in the amount of • $140.16, for 1991 -1992. Since the property is served by } Minutes of the Costa Mesa Sanitary District • Regular Meeting of July 9, 1992 -- Page 3 private trash service, staff is recommending that the full refund be approved and that permanent exemption be assigned in accordance with District policy. After discussion, it was moved by Director Reade, seconded by Director Ferryman, that the refund of $140.16 be approved. Motion carried 4 -0. Robert Hield Mr. Hamers presented a request for refund of trash assessment fees from Robert Hield, 825 N. Euclid, Upland, CA 91786,lid, Upland, CA 91786, Assessor's Parcel No. 139- 491 -08, in the amount of $560.64 for 1991 -1992. Since the property is served by private trash service, staff is recommending that the full refund be approved and that permanent exemption be assigned in accordance with District policy. After discussion, it was moved by Director Ferryman, seconded by Director Reade, that the refund of $560.64 be approved. Motion carried 4 -0. Clyde Brannan Mr. Hamers presented a request for refund of trash assessment fees from Clyde Brannan, 214 Via San Remo, Newport Beach, CA 92663, Assessor's Parcel No. 139 - 563 -06, in the amount of $560.64 for 1991 -1992. Since the property is served by private trash service, staff is recommending that the full refund be approved and that permanent exemption be assigned in accordance with District policy. After discussion, it was moved by Director Ferryman, seconded by Director Reade, that the refund of $560.64 be approved. Motion carried 4 -0. Gene Grant Mr. Hamers presented a request for refund of trash assessment fees from Gene Grant, 177 Riverside, #F, Newport Beach, CA 92663, Assessor's Parcel No. 424 - 053 -15, in the amount of $272.18 for 1990 - 1991. Since this request is for 1990 -1991, staff is recommending denial in accordance with District policy. After discussion, it was moved by Director Ferryman, seconded by Director Reade, that the refund request in the amount of $272.18 be denied. Motion carried 4 -0. SOURCE REDUCTION & RECYCLING ELEMENT: DRAFT OF LETTER TO CITY RE AB 939 RECYCLING REQUIREMENTS: Mr. Hamers presented a draft letter to City of Costa Mesa pertaining to AB 939 requirements. In discussing the agreement between the City of Costa Mesa and the Costa Mesa Sanitary District, the Board reminded Attorney June that the District is firm on maintaining full control so that it may function expeditiously and economically. It was moved by Director Reade, seconded by Director Ferryman, that the letter be transmitted to the City Manager as presented. Motion • carried 4 -0. Minutes of the Costa Mesa Sanitary District Regular Meeting of July 9, 1992 -- Page 4 DIVERSION REPORT FOR JUNE 1992: June: Total tonnage 2,746.56 Percent Recycled: 25.060 It was moved by Director Reade, seconded by Director Ferryman, that the Diversion Report be accepted as presented. Motion carried 4 -0. TREASURER'S REPORT: Mrs. Temple presented the Financial Report for June 1992. After discussion and review, Director Ferryman made a motion, seconded by Director Reade, and unanimously carried, that the Financial Report for June 1992, be approved. CITY /DISTRICT CONTRACT SANITATION BUDGET: Mrs. Temple presented a summary of the 1992 -1993 Sanitation Budget in the amount of $970,630. Mrs. Temple reminded the Board that the District Budget may be amended following completion of the trash and sewer assessment roll. Discussion followed concerning the various concerns of the Directors over the increases in certain areas. One of the main concerns expressed was in the area of salaries and fringe benefits. After a lengthy discussion, Director Ferryman made a motion, seconded by Director Reade, that the proposed Budget be accepted with the stipulation that the Maintenance Supervisor position not be filled without approval from the Board. Director Sherrick made a substitute motion that the Budget be approved with the added stipulation that the Summer Hires and Interns be deleted, that meals be reduced from $4,000 to $1,000, that the fee paid to the Treasurer in the amount of $100.00 per meeting be deleted, and that another line item for public relations be added. Motion died for lack of a second. Mr. Sherrick was advised that public relations was included in several line items in the overall District Budget. Director Ferryman's motion carried 3 -1, with Director Sherrick voting no. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers reported that there were no additions to the project status report. • • • Minutes of the Costa Mesa Sanitary District Regular Meeting of July 9, 1992 -- Page 5 DEVELOPMENT UPDATE: There was nothing new to report. REVIEW OF SEWER PLANS: None ATTORNEY'S REPORT: Attorney June presented Annexation No. 241 for final acceptance. After discussion, it was moved by Director Sherrick, seconded by Director Reade, that Resolution No. 92 -218A, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COUNTY OF ORANGE, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ANNEXATION NO. 241 ANNEXED TO THE COSTA MESA SANITARY DISTRICT. Motion carried by the following roll call vote: AYES: Directors - Wahner, Ferryman, Reade, and Sherrick NOES: Directors - None ABSENT: Directors - Green (excused) POTLACH /SIMPSON CLAIM - REPORT Attorney June informed the Board that the Potlach /Simpson settlement is still being discussed. The concept of how payments should be made is now being decided. OLD BUSINESS: PENDING ITEM STATUS REPORT: Received and filed. FAIR DRIVE SEWER REPAIR: Mr. Hamers presented a report to the Board concerning the Fair Drive Sewer Repair on January 31, 1992, settlement with Southern California Edison. The total cost the District paid for the repair including emergency contractor work, Costa Mesa Sanitary District personnel, engineering and inspection was $9,047.91. Representative from Edison has recommended that both sides split the sum of Edison's cost of $5,192.13 and the District's cost of $9,047.91. This would mean a payment from Edison to the District in the amount of approximately $1,927.89. It was moved by Director Sherrick, seconded by Director Ferryman, that staff proceed with the negotiations with Southern California Edison and execute a mutual release as is presented above. Motion carried 4 -0. Minutes of the Costa Mesa Sanitary District Regular Meeting of July 9, 1992 -- Page 6 • TRASH HAULER CONTRACT - MONTHLY PAYMENT: Discussion ensued concerning the current policy to pay Costa Mesa Disposal on the first day of the month for services rendered in the preceding month. The payment is then ratified at the next Board meeting, usually on the second Thursday of the month. The agreement between the District and Costa Mesa Disposal allows the District to issue the payment anywhere from the first to the 15th of the month. Since the regular meeting normally occurs before the 15th of the month, the Board could delay the payment until the Board meeting or shortly thereafter. A letter has been received from Mr. Ray Rangel stating that payment later than the first of the month would present a hardship. Staff added that payment has been made on the first of the month since the beginning of the contract in 1958. It was moved by Director Ferryman, seconded by Director Reade, that staff continue to pay the trash hauler on the same basis as it has been in the past. It was moved by Director Sherrick that payment be made on the 15th of each month. Motion died for lack of a second. Motion on Director Ferryman's motion carried 3 -1. STUDY SESSION FOR MANAGER'S CONTRACT: Study session to discuss Manager's Contract was set for July 16, 1992, at 12:00 noon. PUBLIC HEARING TO FINALIZE BUDGET: Mrs. Temple announced that the assessment roll would not be received from the County until later in July. After discussion, the Public Hearing date to set the trash and garbage assessment rate was set for August 20, 1992, at 7 :30 p.m. The regular meeting will be held at the same time. PROCLAMATION HONORING KENNETH WANZER, MAINTENANCE SUPERVISOR: It was moved by Director Reade, seconded by Director Ferryman, that "A PROCLAMATION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIF., COMMENDING KENNETH WANZER, MAINTENANCE SUPERVISOR, SANITATION DIVISION, CITY OF COSTA MESA," be adopted. Motion carried 4 -0. • V Minutes of the Costa Mesa Sanitary District • Regular Meeting of July 9, 1992 -- Page 7 MENDOZA PUMPING STATION - LAND OWNED BY COSTA MESA SANITARY DISTRICT: Mr. Hamers presented a draft of a letter to Bill Morris, Director of Public Services /City Engineer, informing him that it has been discovered that the Costa Mesa Sanitary District owns in fee the triangular shaped parcel where the District's Mendoza Pumping Station is located. Mr. Hamers further stated that the City and District have kept a relationship whereby the District owns only sewer facilities and not land, trucks, or other equipment. Therefore, the District would like to transfer the land to the City while retaining a permanent easement for the sewer facility. After discussion, it was moved by Director Sherrick, seconded by Director Ferryman, that staff prepare the necessary documents to grant to the City of Costa Mesa that triangular shaped parcel where the District's Mendoza Pumping Station is located. Motion carried 4 -0. WARRANT REPORT: • Director Reade made a motion, seconded by Director Ferryman, authorizing the President and Secretary to sign Report No. 92- 93-01, instructing the Treasurer of the District to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $383,126.94. Motion carried 3 -1, Director Sherrick voting no. • ORAL COMMUNICATIONS: Mr. Wahner announced that Orange County Sanitation District had passed its budget. ADJOURNMENT: President Wahner adjourned the meeting at 9:05 p.m. PRESIDENT ASSISTANT SECRETARY