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Minutes - Board - 1994-03-10 (2)COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Meeting held March 10, 1994 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on March 10, 1994, 6:00 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. Director Wahner called the meeting to order at 6:00 p.m. Director Perry led the Pledge of Allegiance. Director Reade gave the Invocation. Roll Call: Directors Present: James Wahner, Nate Reade, James Ferryman, Art Perry, Mike Scheafer. Staff Present: Robin Hamers, Manager/Engineer, Roy June, Attorney; Susan Temple, Finance/Treasurer; Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist. Others Present: Mr. Roger Etherington, Property Owner; Dr. Don Mikami, Resident; Susan M.. Connelly, Recording Secretary. President Wahner welcomed the guests Mr. Etherington and Dr. Mikami to the meeting. MINUTES OF FEBRUARY 10, 1994: The minutes of February 10, 1994, were approved unanimously as presented. STUDY SESSION REPORTS - FEBRUARY 15 & 22,1994: Mr. Hamers reported that all five directors attended both of the scheduled study sessions held on February 15, 1994, and February 22, 1994. WRITTEN' COMMUNICATIONS: Mr. Hamers presented the letter dated February 11, 1994, received from the Facilities Coordinator of Advanced Sterilization, Charles Guenther. Upon reading an article in the Orange County Register, Mr. Guenther learned of the District's supplemental need of hydrogen peroxide for the pumping stations as an odor neutralizer. The letter explained that Advanced Sterilization's present disposal of pure hydrogen- peroxide, which is uncontaminated and from 50 to 59 percent pure hydrogen peroxide solution. Considering the District's need of the chemical and Advanced Sterilization's costly expense for proper disposal, Mr. Guenther proposed that Advanced Sterilization provide the District with their perfectly usable waste hydrogen peroxide at no cost. This would benefit both parties ' by eliminating the primary costs involved with Advanced Sterilization's waste management program, while reducing the quantitative requirements of the District. • COSTA MESA SANITARY DISTRICT Page 2 Minutes - Board of Directors Meeting held March 10, 1994 0 Mr. Hamers reported and presented the letter he had prepared and sent dated March 8, 1994, in response to the proposal. The letter expressed appreciation and accepted the offer. The letter discussed pick -up arrangements and supplied the phone number of where to contact the District. President Wahner suggested formulating a resolution in appreciation to Advanced Sterilization for the research and foresight which pioneered the idea. Ms. Reichle suggested researching other facilities with the intention of creating similar arrangements. It was agreed to notify the newspapers of the current arrangement and to submit a letter of commendation to Advanced Sterilization for their efforts. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Hamers reported a decrease in the occupancy report by 23 units for solid waste collection as of March 1, 1994; therefore, the total for March is 22,303 units. Staff recommended the Board direct staff to prepare a warrant to Costa Mesa Disposal on April 1, 1994, for payment of March trash collection based on the occupancy report so long as contractor fulfills obligations of agreement. Motion to accept occupancy report as given so made by Director Ferryman, seconded by Director Perry. Motion carried 5 -0. Motion to prepare a warrant in the amount of $153,266.22 to Costa Mesa Disposal on • April 1, 1994, so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. REFUNDS: Roger & Barbara Etherinaton, 2700 Newport , No. 222, Newport Beach, CA 92663 Mr. Hamers presented a request for refund of trash assessment fees on the 4 -unit property located at 143 Melody Lane, Assessor's Parcel No. 426 - 181 -24 for the tax years 1991- 1992 through 1993 -1994. Owner is using a private trash service and was not aware of exemption forms. Extended from the meeting of February 10, 1994, staff reported that research back to tax year 1988 -1989 showed no evidence of any exemption form being filed. Mr. Hamers reminded that notification of the exemption has been included in the water bill and with City business license renewal, if one so applies. Having found no extenuating circumstances involving this case, staff again recommended the original partial refund. Mr. Etherington commented on his behalf, again expressing dissatisfaction with staff's recommendation and the current methods used to inform the public of the exemption, which he believes inadequate. However, he thanked Board and staff for allowing his comments and their courtesy. Mr. June reminded that efforts of the District exceed statutory requirements including the posting of the information in three public places, notice with the business license and the water bill, and publication in the newspaper and the Costa Mesa quarterly newsletter, 40 COSTA MESA .SANITARY DISTRICT Page 3 • Minutes - Board of Directors Meeting held March 10, 1994 noting that the statutory requirement requires publication in only one newspaper or publication of general circulation. Having found no extenuating circumstances, a motion was made to accept the staff recommendation of a partial refund of the current tax year 1993 -1994 and to grant Mr. Etherington permanent exemption on this property for the future so made by Director Ferryman, seconded by Director Reade. Motion carried 5 -0. It was noted that the refund for 1993 -94 is included in this March 10, 1994 warrant report. Britt Fant, 213 Calabria Court, Costa Mesa CA 92627 Mr. Hamers presented a request for refund of trash assessment fees for the one unit property located at 213 Calabria Court, Assessor's Parcel No. 439 - 181 -62 for the tax year 1992 -1993. Owner was not aware of exemption form. The parcel has gained permanent exemption status for all future tax years. Staff investigated request and found no justification for refund and recommended denial of refund in accordance with district policy. Motion so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. Tahwahnah Fox, Irwin Gersh; 299 East Laurel, Sierra Madre. CA 91024 • Mr. Hamers presented a request for refund of trash assessment fees for the 23 -unit property located at 735 Joann Street, Assessor's Parcel No. 422- 372 -26, for the tax years 1992 -1993 through 1993 -1994. Owner is using a private trash service and was not aware of the exemption forms. Mr. Hamers reported that this was a foreclosure property with an expired business license. The current and new owner has owned it since 1992. Reported that he had a conversation with Mr. Alter, who is the property manager, and stated that Mr. Alter requests the Board's consideration of this matter and to make the refund payable to Mr. Irwin Gersh. Staff recommended a refund of the current tax year 1993 -1994 only in accordance with District policy in the amount of $3,321.43. Motion to approve the staff recommended amount subject to staff verifying (a.) the property tax owner at that time, and (b.) amount paid on current tax bill so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. SOURCE REDUCTION AND RECYCLING ELEMENT CA - INTEGRATED WASTE MANAGEMENT: STATUS OF CITY'S WASTE PROGRAM: Mr. Hamers presented a copy of the first six- month staff report, a draft report concerning the City's status. The report was received from William Morris's office and addressed to the Council. Mr. Hamers stated that for any interested director, a copy for review was available. Mr. Hamers reported that the third quarter of 1993 'was less than 25 percent, • approximately 20 percent City -wide diversion. The fourth quarter of 1993 was J COSTA MESA SANITARY DISTRICT Page 4 Minutes - Board of Directors Meeting held March 10, 1994 • approximately 25 percent. The report did not contain many details about any education programs. One of the hauler's, Waste Management, is hauling a significant amount and is not recycling at all. Mr. Hamers referred to the letter within the Engineer's report regarding the City/District AB 939 Agreement. The City had requested payment from the Sanitary District of the $0.75 per ton trash collection charges for the months of July, August, September, and October 1993, a time period representing the period in which the $0.75 /ton charge was effective, but before finalization of the City/District AB 939 agreement on November, 1, 1993, which waived the charge to the District. Mr. Hamers reported that during that four month period, the City did have their consultant, Americlean, working on reviewing the District program: tracking vehicles, examining the District's diversion reports and permit applications, etc. The total tonnage of the July to October 1993 period is 10,303.74 tons and the charge to be paid to the City follows: 10,303.74 x $0.75 /ton = $7,727.81. The amount requested is to offset the charges incurred by the City for the services • performed by the consultant, Americlean. However, the Board questioned why the consultant's service was not delayed while the City/District AB 939 contract was pending; and, furthermore, inquired about the decrease of the contractual payment between the City and Americlean due to the elimination of the District from the contract. The staff and Board decided to hold any action on this item until the next regular meeting. SRRE EDUCATIONAL PROGRAM: Mr. Hamers stated that there was nothing to report. WASTE DIVERSION REPORT - FEBRUARY 1994: Mr. Hamers reported 25.92 percent waste diversion for the month of February 1994. Total Tonnage: 2,310.00 Tonnage Recycled: 598.69 COSTA MESA DISPOSAL - COMMINGLING REPORT: Mr. Hamers reported that there has been some confusion in regard to the properties along the City /County boundaries. Apparently it is difficult to distinguish which properties are in the City and which are in the County, thereby causing confusion to Costa Mesa • Disposal who is required to use separate trucks for each area. Due to the confusion, Costa • COSTA MESA, SANITARY DISTRICT Page 5 Minutes - Board of Directors Meeting held March 10, 1994 Mesa Disposal accidentally commingled trash during their routing. Mr. Hamers informed the Board that these incidents are few and completely unintentional. LOCAL AGENCY FORMATION COMMISSION REPORT: SPECIAL DISTRICT SEATING: Mr. Hamers reported that Thursday, March 17, 1994, is the election date for Special District Representatives onto the LAFCO board. The two vacant positions consist of one 4 -year term representative; one 2 -year term representative; and one alternate representative. Mr. Hamers stated that President Wahner of the CMSD Board has been nominated and is a candidate in the election. He reminded the Board that President Wahner will attend the meeting as designated person of the Board and votes cast will be as to how he sees appropriate. The meeting is to be held at the Board of Supervisors Hearing Room, Civic Center, Santa Ana, California at 7:00 p.m. on March 17. SPECIAL DISTRICTS SELECTION COMMITTEE MEETING - FEBRUARY 10, 1994: Mr. Hamers reported that Director Wahner, Director Reade, and Director Perry attended the Special District's Selection Committee Meeting of February 10, 1994. He stated that there is a question as to whether Director Perry should be paid for attending this meeting and read the following excerpt of the present resolution: NOW, THEREFORE, BE IT RESOLVED that beginning for the month of January 1987 and continuing thereafter until further action of the Board, each Board member shall be paid $100.00 per day for each day's attendance at meetings of the Board, or for each day's service rendered as a director by request of the Board, not exceeding a total of six days in any calendar month; Mr. Hamers stated that it is clear that Director Wahner's, being the Board's representative, and Director Reade's, a Director of ISDOC, presence was valid. The Board's direction as to whether payment should be submitted for Director Perry was requested. President Wahner stated that he felt if any Board member attends a meeting for acquiring information and direction to assist his/her performance as a member of the Board, that payment should be received by that board member. Mr. June stated that the resolution pending adoption on that evening would resolve this matter. • Reference was also made to Director Wahner's invitation to all Directors to attend said meeting, therefore, he felt it appropriate for Director Perry to be paid. Motion was made J COSTA MESA SANITARY DISTRICT Page 6 • Minutes - Board of Directors Meeting held March 10, 1994 by Director Reade, seconded by Director Ferryman, and carried unanimously that Director Perry be paid. DISTRICT REORGANIZATION: CONSULTANT PROPOSAL TO STUDY FINANCES /FIRST DRAFT: Mr. Hamers reported that the study is not completed yet, and its completion date remains to be determined. CITY /DISTRICT MANPOWER: Mr. Hamers presented the letter and information concerning the proposed 1994 -95 City/District manpower arrangement for those individuals in the City Department of Public Services who also work for the Sanitary District. The time card tracking performed by District Management resulted in a net savings to the District of approximately $7,864 per year. The time card tracking is an ongoing project that will be used to formulate future budgets. TREASURER'S REPORT: FINANCIAL REPORT: • Ms. Temple presented the report dated February 28, 1994. Motion to receive and file the report as presented so made by Director Scheafer, seconded by Director Perry. Motion carried 5 -0. TREASURER'S REPORT FOR THE MONIES ON DEPOSIT: Ms. Temple reported that the report for the month of January 1994 stated that the funds deposited with the Orange County Treasurer's Pool continue earning 7.71 percent. Motion to receive the report of the monies on deposit as presented so made by Director Ferryman, seconded by Director Reade. Motion carried unanimously. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers presented the report. DEVELOPMENT UPDATE: Mr. Hamers stated there was nothing to report. REVIEW OF SEWER PLANS: Mr. Hamers stated there was nothing to report. • COSTA MESA SANITARY DISTRICT Page 7 Minutes - Board of Directors Meeting held March 10, 1994 PROJECT NO. 126 - RECONSTRUCTION OF VARIOUS SEWER LINES: Mr. Hamers reported that the project was complete and recommended the approval of change order No. 2 and to accept improvements, file notice of completion, and authorize payment of retention, and exonerate bonds. APPROVE CHANGE ORDER NO. 2: Motion made for the approval of change order No. 2 in the amount of $7,150 so made by Director Ferryman, seconded by Director Reade. Motion carried 5 -0. ACCEPT IMPROVEMENTS, FILE NOTICE OF COMPLETION: Motion made to accept the improvements, file notice of completion so made by Director Scheafer, seconded by Director Perry. Motion carried 5 -0. AUTHORIZE PAYMENT OF RETENTION, EXONERATE BONDS: ` Motion to authorize payment of retention and exonerate bonds so made by Director Ferryman, seconded by Director Scheafer. Motion carried 5 -0. • PROJECT NO. 132 - RECONSTRUCTION OF VARIOUS SEWER LINES: APPROVE CHANGE ORDER NO. 1: A motion was made to approve payment change order No. 1 in the amount of $12,000 so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. ADAMS AVENUE EMERGENCY REPAIR - RATIFY BOARD APPROVAL URGENCY MATTER: Mr. Hamers reported the incident of February 12,1994, where the Sanitary District experienced a pipeline rupture in one of its pressurized lines on Adams Avenue. Due to the potential risk of roadway failure caused by the sewer pressure line breakage, it was requested that a state of emergency be declared and that the roadway surface and structural section on Adams Avenue be repaired as quickly as possible. Mr. Hamers presented the proposals for repair and recommended the low bidder, Hardy and Harper, a well -known company in the area, to make the repair for the amount of $11,425. Ms. Reichle polled the board on March 3, 1994, with the results that follow: Wahner - Yes Ferryman - Yes Reade - Yes • Perry -Yes Scheafer - Yes COSTA MESA SANITARY DISTRICT Page 8 • Minutes - Board of Directors Meeting held March 10, 1994 Motion was made by Director Ferryman, seconded by Director Reade, to indicate the Board approved it as an urgency situation and ratified their vote of March 13, 1994, to make the necessary repairs. Motion carried 5 -0. ATTORNEY'S REPORTS: DISTRICT OFFICE - LEASE AGREEMENT Mr. June reported that the space on the fourth floor of City Hall is required to be leased and a lease agreement has been prepared which will charge the District $264 /month. Staff recommending approval and execution by the District. A motion was made to approve and execute the office lease agreement by Director Reade, seconded by Director Ferryman. Motion carried 5 -0. POLICIES UPDATE: Mr. June reported and presented the following policy updates for Board approval RESOLUTION NO. 94-538, EXPENDITURES FOR CONFERENCE, TRAVEL AND OTHER EXPENSES: • A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REVISING AND ADOPTING A LONG - STANDING POLICY OF THE BOARD RELATING TO EXPENDITURES FOR CONFERENCES, TRAVEL AND OTHER EXPENSES OF BOARD MEMBERS AND STAFF. Motion to accept and adopt so made by Director Perry, seconded by Director Ferryman. Motion carried 5 -0. RESOLUTION NO. 94 -539, ESTABLISHES SAFETY PROCEDURES, SAFETY COMMITTEE, AND ADOPTS SDRMA SAFETY MANUAL: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING DISTRICT SAFETY PROCEDURES; ESTABLISHING A DISTRICT SAFETY COMMITTEE; ADOPTING THE SPECIAL DISTRICTS RISK MANAGEMENT AUTHORITY'S SAFETY MANUAL AND REVISIONS AND STATING THE REASONS THEREFOR. Motion to accept and adopt so made by Director Ferryman, seconded by Director Perry. Motion carried 5 -0. RESOLUTION NO. 94 -540, ESTABLISHES TRASH COLLECTION LIMITATIONS RELATED TO ZONING OR LAND USE DESIGNATIONS: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING TRASH COLLECTION LIMITATIONS RELATED TO SINGLE FAMILY RESIDENCES REGARDLESS OF ZONE OR LAND USE DESIGNATIONS AND STATING REASONS THEREFOR. Motion to accept and adopt so made by Director Reade, seconded by Director Scheafer. Motion carried 5 -0. • COSTA MESA SANITARY DISTRICT Page 9 Minutes - Board of Directors Meeting held March 10, 1994 RESOLUTION NO. 94.541, FELONIOUS CONDUCT POSITION: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A LONG - STANDING POLICY REGARDING THE DOING OF BUSINESS WITH PERSONS OR ENTITIES CHARGED WITH OR CONVICTED OF SPECIFIC FELONIES AND STATING REASONS THEREFOR. Motion to accept and adopt so made by Director Reade, seconded by Director Ferryman. Motion carried 5 -0. OLD BUSINESS: STATUS OF ;PENDING ITEMS: Mr. Hamers presented the report. BROWN ACT: Mr. June reported that he will be updating the Board on special conditions of the Brown Act revisions once they are made available to him. NEW BUSINESS: CHAMBER OF COMMERCE - MEMBERSHIP RENEWAL: Motion to approve and pay the renewal fee for membership with the Costa Mesa Chamber of Commerce in the amount of $345 so made by Director Reade, seconded by Director Perry. Motion carried 4 -0 with Director Ferryman abstaining. WARRANT REPORT: Motion was made by Director Ferryman, seconded by Director Scheafer, authorizing the President and Secretary to sign Report No. 94 -09, instructing the Finance Director to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $405,796.51. Motion carried 5 -0. ORAL COMMUNICATIONS: Mr. Ferryman welcomed and invited everyone to the St. Patrick's Day party being held at his home. ADJOURNMENT: At 7:30 p.m. President Wahner adjourned the meeting. President Secretary