Minutes - Board - 1994-04-14 (2)1
COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Meeting held April 14, 1994
Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in regular session on April 14, 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.
Others Present: Susan M. Connelly, Recording Secretary.
MINUTES OF MARCH 10, 1994:
• The minutes of March 10, 1994, were approved unanimously as presented.
WRITTEN COMMUNICATIONS:
Mr. Hamers presented a copy of the letter dated March 29, 1994, from the CMSD board
addressed to the California Special Districts Association discussing the CSDA election of officers.
The letter expressed the Board's support and recommendation of James V. Evans, Director of
Midway City Sanitary District, as a candidate for CSDA office representing Orange County.
MANAGER'S REPORTS:
OCCUPANCY REPORT:
Mr. Hamers reported a decrease in the occupancy report by 11 units for solid waste
collection as of. April 1, 1994; therefore, the total for April is 22,292 units. Staff
recommended the Board direct staff to prepare a warrant to Costa Mesa Disposal on
May 1, 1994, for payment of April 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 Perry, seconded by Director Scheafer. Motion carried 5 -0. Motion
to prepare a warrant in the amount of $153,190.62 to Costa Mesa Disposal on
May 1, 1994, so made by Director Ferryman, seconded by Director Perry. Motion carried
• 5 -0.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held April 14, 1994
Page 2
Ms. Reichle expressed that Ms. Guastella wanted to extend her appreciation to the Board and
staff for their presence at the service and their moral support.
Mr. Hamers reported that he had arranged with Ms. Reichle to both handle the regular duties of
Ms. Guastella during her absence. In behalf of the Board, President Wahner thanked Ms. Reichle
for the extra effort and time she had committed.
REFUNDS:
Mr. David G. Martin, 1881 San Cataldo Avenue Long Beach CA 90815
Mr. Hamers presented a request for refund of trash assessment fees for a six unit property
located at 2121 Tustin Avenue, Assessor's Parcel No. 426 - 171 -03 for the current tax year
1993 -1994. Owner using private service and was not aware of exemption form. Staff
recommended in accordance with district policy to refund total request amount reflecting
the current tax year in the amount of $866.46. Motion so made by Director Reade,
seconded by Director Ferryman. Motion carried 5 -0.
Tahwahnah Fox, Irwin Gersh; 299 East Laurel Sierra Madre CA 91024
•
Mr. Hamers updated the Board on information resulting from the investigation requested •
at the previous board meeting held March 10, 1994, concerning the refund request for
trash assessment fees of 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 supplied
the required information as follows: (a..) Ownership was verified via copy of deed of
trust. (b.) Verified first half of taxes paid; second half of taxes were being paid by bank
wire, funds which were impounded through the lender. Staff recommended, in
accordance with district policy, a partial refund of requested amount for current tax year
1993 -1994 only in the amount of $3,321.43. Motion so made by Director Scheafer,
seconded by Director Ferryman. Motion carried 5 -0.
SOURCE REDUCTION AND RECYCLING ELEMENT CA - INTEGRATED
WASTE MANAGEMENT:
STATUS OF CITY'S WASTE PROGRAM:
Mr. Hamers reported on the April 6, 1994 seminar attended by himself, Director Scheafer,
Ms. Reichle, and Ms. Guastella. The seminar was hosted by the Chamber of Commerce
Environmental Committee and was reported to be informative and beneficial. The
speakers were Americlean Environmental, the City's consultant, and covered recycling
opportunities for local businesses. •
COSTA MESA SANITARY DISTRICT Page 3
• Minutes - Board of Directors Meeting held April 14, 1994
SRRE EDUCATIONAL PROGRAM:
Mr. Hamers reported that Ms. Reichle had formulated a series of one -page informational
items advising "not to throw away too much" for the quarterly Costa Mesa Newsletter.
Ms. Reichle explained that the series consisted of four drawings which should be more
attention - getting then a written article.
Board and staff discussed possible educational programs to be added to current efforts.
Mr. Hamers stated that as of present, the City and the State of California have no written
parameters regarding the amount and frequency of educational programs and services
required under AB 939. It was noted that good faith efforts will probably satisfy the
requirement.
Board and staff discussed strategy for acquiring a more accurate assessment of recycling
in the community. Director Scheafer suggested incorporating an accounting system to the
various paper drives held by local schools.
WASTE DIVERSION REPORT - MARCH 1994:
Mr. Hamers reported 25.46 percent waste diversion for the month of March. 1994.
• Total Tonnage: 2,877.44 Tonnage Recycled: 732.49
Motion to approve the report as presented so made by Director Ferryman, seconded by
Director Perry. Motion carried unanimously.
LOCAL AGENCY FORMATION COMMISSION REPORT:
SPECIAL DISTRICT SEATING:
Mr. Hamers announced the election of President Wahner as the four -year representative
of Orange County special districts on the LAFCO board; furthermore, it was reported that
President Wahner had occupied this seat and had attended his first meeting. Board and
staff applauded and congratulated President Wahner's appointment. President Wahner
expressed his commitment to the appointment and thanked the Board for their support.
CREATIVE MANAGEMENT SOLUTIONS - PROPOSAL TO STUDY FINANCES:
SET STUDY SESSION DATE:
Mr. Hamers reported that the preliminary report had been completed. Staff recommended
setting a study session date to review the report, which will be provided to Board and
staff in advance. A luncheon was scheduled for Friday, April 22, 1994, at 11:30 a.m.,
with a study session beginning at noon.
C
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Minutes - Board of Directors Meeting held April 14, 1994
•
SAFETY COMMITTEE MINUTES - MARCH 22,1994:
Mr. Hamers referred to the minutes of the Safety Committee meeting held
March 22, 1994. A motion to receive and file the minutes as presented so made by
Director Ferryman, seconded by Director Perry. Motion carried unanimously.
TREASURER'S REPORT:
FINANCIAL REPORT:
Ms. Temple presented the report dated March 31, 1994. Motion to receive and file the
report as presented so made by Director Reade, seconded by Director Ferryman. Motion
carried 5 -0.
TREASURER'S REPORT FOR THE MONIES ON DEPOSIT:
Ms. Temple stated that the majority of funds remained with the Orange County
Treasurer's pool and noted that this is acceptable under the Government Code. Motion
to receive and file the report of monies on deposit as presented so made by Director
Scheafer, seconded by Director Reade. Motion carried unanimously.
ENGINEER'S REPORT:
PROJECT STATUS REPORT: •
Mr. Hamers reported on project #130, under construction at Mesa Drive and Fair Drive.
He offered information to the Board and staff if they had any questions regarding the
project.
DEVELOPMENT UPDATE:
Mr. Hamers reported the Boards' request for input regarding any large proposed
development that might adversely affect the sewer system. Mr. Hamers reported the North
Costa Mesa Specific Plan would not adversely affect District facilities. A copy of the
letter to the City was previously mailed to the Board.
REVIEW OF SEWER PLANS:
Mr. Hamers stated there was nothing to report.
PROJECT NO. 132 - RECONSTRUCTION OF VARIOUS SEWER LINES:
Mr. Hamers reported that construction was complete and that it went very well. Staff
recommended to (a.) accept improvements and file a notice of completion, and (b.)
authorize payment of retention and exonerate bonds.
•
COSTA MESA SANITARY DISTRICT Page 5
• Minutes - Board of Directors Meeting held April 14, 1994
ACCEPT IMPROVEMENTS, FILE NOTICE OF COMPLETION:
Motion made to accept the improvements, file notice of completion so made by
Director Ferryman, seconded by Director Perry. Motion carried 5 -0.
AUTHORIZE PAYMENT OF RETENTION, EXONERATE BONDS:
Motion made to authorize payment of 5% retention 35 days after Notice of
Completion is recorded; exonerate Labor and Material Bond and Faithful
Performance Bond after Notice of Completion is recorded; and exonerate 10%
Guarantee Bond one year after Notice of Completion is recorded made by Director
Reade, seconded by Director Scheafer. Motion carried 5 -0.
ATTORNEY'S REPORTS:
DISTRICT OFFICE - LEASE AGREEMENT
RE- EXECUTE AGREEMENT:
Mr. June reported minor changes of the telephone clause within the lease agreement were
requested by the City. A re- execution of the lease agreement after the modifications were
made was required. Mr. June requested and recommended action for approval. Motion
so made by Director Ferryman, seconded by Director Reade. Motion carried 5 -0.
POLICIES UPDATE:
Mr. June reported and presented the following policy updates for Board approval.
RESOLUTION NO. 94 -541, SOLID WASTE RATE PROCEDURE:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ADOPTING A LONG - STANDING POLICY ESTABLISHING
PROCEDURES FOR DETERMINING SOLID WASTE RATES ASSESSED
ANNUALLY AND STATING REASONS THEREFOR. Motion to accept and adopt so
made by Director Scheafer, seconded by Director Perry. Motion carried 5 -0.
RESOLUTION NO. 94 -542, LIQUID WASTE RATE PROCEDURE:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ADOPTING A LONG - STANDING POLICY OF
ESTABLISHING PROCEDURES FOR DETERMINING SEWER ASSESSMENT
RATES AND ESTABLISHING PROPERTY CATEGORIES FOR ASSESSMENTS
AUTHORIZED BY ORDINANCES 17 AND 18 AND STATING REASONS
THEREFOR. Motion to accept and adopt so made by Director Reade, seconded by
Director Ferryman. Motion carried 5 -0.
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Minutes - Board of Directors Meeting held April 14, 1994 •
RESOLUTION NO. 94 -543, ASSESSMENTS REFUND POLICY:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ADOPTING A LONG - STANDING POLICY FOR
EXEMPTIONS AND REFUNDS OF SEWER USER FEES IMPOSED PURSUANT TO
ORDINANCES 17 AND 18 AND STATING REASONS THEREFOR. Motion to accept
and adopt so made by Director Scheafer, seconded by Director Reade. Motion carried
5 -0.
BROWN ACT - VERBAL UPDATE:
Mr. June reported Brown Act updates concerning two public hearings when dealing with
taxes stating the requirement of (1.) a public discussion meeting, and followed by (2.) a
public hearing.
The Board finds that both trash assessments proceedings and sewer user fee proceedings
qualify as exempt from Section 54954.5 under subsections (a) (1) (A) and (B),
Government Code. Motion so made by Director Reade, seconded by Director Scheafer.
Motion carried 5 -0.
SIGNING AUTHORITY FOR FEMA RESOLUTION NO. 94 -544: •
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ESTABLISHING SIGNING AUTHORITY FOR
APPLICATIONS TO THE OFFICE OF EMERGENCY SERVICES FOR FINANCIAL
ASSISTANCE UNDER PUBLIC LAW 93 -288 AS AMENDED. Motion so made to
approve and adopt the resolution so made by Director Reade, seconded by Director
Ferryman. Motion carried 5 -0.
OLD BUSINESS:
STATUS OF PENDING ITEMS:
Mr. Hamers presented the report.
NEW BUSINESS:
Mr. Hamers presented the claims against CMSD regarding a sewage back -up on
December 19, 1993, which overflowed the toilet commodes and flooded stock rooms in
some stores located at South Coast Plaza. It was reported that the back up of sewage was
in the District's mainline.
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• COSTA MESA SANITARY DISTRICT Page 7
Minutes - Board of Directors Meeting held April 14, 1994
CLAIM - SOUTH COAST PLAZA:
A motion was made to refer the South Coast Plaza claim to the insurance carrier SDRMA
so made by Director Ferryman, seconded by Director Scheafer. Motion carried 5 -0.
CLAIM - LUCY ZAHRAN:
A motion was made to refer the Lucy Zahran claim to the insurance carrier SDRMA so
made by Director Reade, seconded by Director Scheafer. Motion carried 5 -0.
WARRANT REPORT:
Motion was made by Director Scheafer, seconded by Director Ferryman, authorizing the
President and Secretary to sign Report No. 94 -10, instructing the Finance Director to draw
a warrant from the Costa Mesa Sanitary District General Fund in the amount of
$388,527.04. Motion carried 5 -0.
ORAL COMMUNICATIONS:
The Board and staff discussed the outstanding services given the community and CMSD
is by Tom Dawes of County Sanitation Districts of Orange County, who due to health
reasons accepted a lower level position. The Board agreed that Mr. Dawes has done an
excellent job and deserves commendation. Staff was directed to prepare a resolution of
commendation for Mr. Dawes for adoption at the May meeting.
ADJOURNMENT:
At 6:45 p.m. President Wahner adjourned the meeting.
President Secretary
•