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Minutes - Board - 1994-08-18• COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Meeting held August 18, 1994 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in adjourned session on August 18, 1994, 6:00 pm, at the Civic Center, 77 Fair Drive, Costa Mesa. Director Wahner called the meeting to order at 6:00 pm. Director Ferryman led the Pledge of Allegiance. Director Reade gave the Invocation. Roll Call: Directors Present: James Wahner, Nate Reade, James Ferryman, Mike Scheafer Directors Absent: Art Perry Staff Present: Roy June, Attorney; Robin Hamers, Manager/ Engineer; Florine Reichle, Assistant Manager /Clerk of the _District; Susan Temple, Treasurer; Dawn Guastella, Permit Specialist; Reba Coulter, Finance is Others Present: None MINUTES OF JULY 14 AND AUGUST 11, 1994: The minutes of July 14 and August 11, 1994, were approved unanimously as corrected. The July 14 minutes were corrected to show a change in resolution numbers. Resolution No. 94 -547 was corrected to 94 -556, and Resolution No. 94 -546 was corrected to 94 -555. WRITTEN COMMUNICATIONS: There were no written communications. PUBLIC HEARING: TRASH COLLECTION ASSESSMENT: Director Wahner opened the public hearing stating that this is the time and place fixed pursuant to the notice given for the hearing of protests and objections to, and request for exemption to, the proposed assessment for trash and garbage collection as set forth in the report filed with the Clerk of the District. • .y COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 2 • Ms. Reichle stated the Notice of Public Hearing was published on August 10 and 19, 1994, as required by law, and the affidavit of publication is on file in the District office. She stated no written or oral protests had been received. Director Wahner asked if there were any questions by any of the Directors. After receiving no comments, Director Wahner asked to close the hearing and then asked for a motion to approve the report and adopt the trash assessment rate. Motion to close the Public Hearing made by Director Scheafer, seconded by Director Ferryman. Motion carried 4 -0. TRASH COLLECTION RATES ESTABLISHED: Director Reade made a motion, seconded by Director Ferryman to accept the report and adopt the Trash Assessment Rate of $147.56 per unit per year. Motion carried 4 -0. Director Ferryman made a motion, seconded by Director Reade to adopt Resolution No. 94 -557, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, OVERRULING PROTESTS TO THE PROPOSED ASSESSMENT FOR TRASH COLLECTION AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT. Motion carried 4 -0. • PUBLIC HEARING: LIQUID WASTE DISPOSAL ASSESSMENT: Director Wahner opened the public hearing stating that this is the time and place fixed pursuant to notice given for the purpose of hearing protests and objections to, and request for exemption to, the proposed Assessment of Liquid Waste Disposal, as set forth in the report filed with the Clerk of the District. Ms. Reichle reported the Notice of Public Hearing was published on August 10 and 19, 1994, as required by law and the affidavit of publication is on file in the District Office. She stated no written or oral protests had been received. Director Wahner asked if any person present wished to be heard. After receiving no comments, Director Wahner asked to close the public hearing and asked for a motion to approve the report and adopt the Liquid Waste Assessment rates. Motion to close the Public Hearing made by Director Scheafer, seconded by Director Ferryman. Motion carried 4 -0. 1994 -1995 RATES ESTABLISHED: Ms. Temple presented the schedule for the 1994 -1995 Liquid Waste Disposal Rates. • V • L� COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 3 Director Reade made a motion, seconded by Director Ferryman to approve the report, and adopt and establish the rates as follows: Single Family Multi- Mobile Homes Commercial Industrial Other Motion carried 4 -0. $ 23.02 /dwelling /year 17.72 /dwelling /year 13.39/1000 square feet/year 39.44/1000 square feet/year 11.87/1000 square feet/year Director Ferryman made a motion seconded by Director Reade to adopt Resolution No. 94 -558, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, OVERRULING PROTESTS TO THE PROPOSED USER FEE FOR LIQUID WASTE DISPOSAL AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT. Motion carried 4 -0. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Hamers reported no increase or decrease in the occupancy report for solid waste collection as of August 1, 1994. Therefore, the total for August is 22,227. Mr. Hamers went on to state that next month that number will be adjusted, as finalized on the county tape. Staff recommended acceptance of the count and recommended the Board direct staff to pay Costa Mesa Disposal on September 1, 1994, based on the August count of 22,227. Motion to adopt the occupancy report made by Director Reade, seconded by Director Scheafer. Motion carried 4 -0. Motion to prepare the warrant on September 1, 1994 for $156,927.07 to Costa Mesa Disposal made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. REFUNDS: Yozya Development, 20250 Acacia, #110, Newport Beach, CA 92660 Mr. Hamers presented a request for a refund of trash and sewer assessment fees on the property located at 20312 Acacia, Assessor's Parcel No. 439 - 392 -24. They were charged for ten units and should have been charged for two for tax years 1992 -1993 and 1993- 1994. Requested refund amount of $2,577.92. Staff recommends, in accordance with District policy, to refund trash and sewer assessment fees of $2,577.92, which represents two years of being overcharged. Motion so made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 4 • Yozya Development 20250 Acacia, #110, Newport Beach, CA 92660 Mr. Hamers presented a request for a refund of trash and sewer assessment fees on the property located at 20282 Acacia, Accessor's Parcel No. 439 - 392 -25. They were charged for five units and should have been charged for two for tax years 1992 -1993 and 1993- 1994. Staff recommends, in accordance with District policy, to refund trash and sewer assessment fees of $966.72. Motion so made by Director Reade, seconded by Director Ferryman. Motion carried 4 -0. Josephine Gaudio 1038 Coventry Circle, Placentia, CA 92670 Mr. Hamers presented a request for a refund of trash assessment fees on the property located at 2451 Elden Avenue, Accessor's Parcel No. 439 - 281 -32. Owner is using a private trash service. Requesting refund from tax years 1991 -1992 to 1993 -1994. Staff recommends, in accordance with District policy, a refund for tax year 1993 -1994 in the amount of $577.64, plus a one unit overcharge for tax year 1991 -1992 for trash and sewer, making the total refund of $732.51. Motion so made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. SOURCE REDUCTION AND RECYCLING ELEMENT - CA INTEGRATED WASTE MANAGEMENT PLAN STATUS OF CITY'S WASTE PROGRAM - SETTLEMENT OF PRE- • AGREEMENT CHARGES: Mr. Hamers stated that this refers to the AB939 Fee Waiver Agreement between the City and the Sanitary District. He further stated that the first full -year report by the City shows a deficit of $32,810 in their program. During the months of July, August, September and October 1993, a $0.75 per ton charge of all trash collected did apply. Bill Morris is asking the District for payment in full of $7,727.81, which represents the four months of trash collection prior to the AB939 Agreement going into effect. A motion was made by Director Reade, seconded by Director Ferryman, and carried 4 -0 to discuss with Bill Morris the possibility of sharing the $7,727.81 expense with the District. SRRE EDUCATIONAL PROGRAM: It was suggested by staff that some sort of anti- scavenger notification be created and made available, possibly in the form of a sticker placed on trash cans. It was also reported that scavengers have reduced the volume of the large item pick -up program. It was further reported that the pick -up is up to approximately 250 tons. A suggestion was made to involve the elementary -level school children in the sticker program. Mr. Hamers reported that he, Ms. Reichle and Ms. Guastella attended another Mesa Pride meeting on August 9. The meeting was a follow -up with the group that attended a tour of the CR Transfer facility. is COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 5 • WASTE DIVERSION REPORT FOR JULY 1994: Mr. Hamers reported 25.13% waste diversion for the month of July. Total Tonnage: 2,768.21 Tonnage Recycled: 695.64 The report was approved unanimously, as presented. LOCAL MEETINGS LAFCO: LAFCO is now studying the privatization, and has also put out a contract to study the privatization of the Santa Margarita Water District. An east coast firm has made inquiries and preliminary proposals to take over the District. ISDOC Special Meeting, July 22, 1994: • Attended by Directors Wahner, Reade and Perry. Regarding the special district questionnaire from project Hi Gear, Director Reade made the motion to receive and file the questionnaire, seconded by Director Ferryman. Motion carried 4 -0. CSDA - APPROVAL OF BYLAW CHANGES: Director Ferryman made the motion to approve the proposed CSDA Bylaw changes, seconded by Director Scheafer. Motion carried 4 -0. TREASURER'S REPORTS FINANCIAL REPORT: Ms. Temple presented the financial statements as of July 31, 1994. Motion to receive the report as presented made by Director Reade, seconded by Director Scheafer. Motion carried 4 -0. TREASURER'S REPORT OF MONIES ON DEPOSIT: Ms. Temple presented the report showing the District's portfolio for the month of June 1994. Motion to receive and file made by Director Reade, seconded by Director • Ferryman. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 6 ENGINEER'S REPORT PROJECT STATUS REPORT: Mr. Hamers presented the report. Motion to receive and file made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. DEVELOPMENT UPDATE: Mr. Hamers stated there was nothing to report. PROJECT 133 - PUMP STATION MAINTENANCE: Mr. Hamers presented the bids for the contract as opened on July 18, 1994. Schuler Engineering Corporation was the low bidder on the project with a bid of $101,100. Staff recommends the project be awarded to Schuler Engineering Corporation. Motion to award the project to Schuler Engineering Corporation in the amount of $101,100 made by Director Ferryman, seconded by Director Scheafer. Motion carried 4 -0. PROPOSAL FOR INSPECTION SERVICES: • Mr. Hamers presented a proposal to provide inspection services during the construction phase of Project 133 at the current hourly rates of Engineer - $59.00 /hour, Drafting - $47.00 /hour, and Inspection - $42.00/hour, not to exceed $8,848. Motion made to approve the proposal made by Director Scheafer, seconded by Director Ferryman. Motion carried 4 -0. PROJECT NO. 136 - ACCESS ROAD ALONG NEWPORT BEACH GOLF COURSE: Mr. Hamers reported that this project is ready to go out to bid. The project consists of rehabilitating the asphalt access road that cuts through the Newport Beach Golf Course. The golf course is owned by John Wayne Airport, which is actually part of the county. It is leased by Steve Lane who owns the Newport Beach Golf Course. The County asked for an Indemnity Agreement. The Indemnity Agreement as prepared by Mr. June has been submitted to John Wayne Airport and approved by letter. Staff is recommending the Board enter into the Indemnity Agreement. Motion to approve and execute the Indemnity Agreement made by Director Reade, seconded by Director Ferryman. Motion carried 4 -0. IN COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 7 • ATTORNEY'S REPORTS ATTORNEY JOB DESCRIPTION: Director Wahner stated that a request for proposal was mailed to all the Board members, and with it the request to review and comment. Director Wahner stated staff should also review for comments on selection procedures, etc. A study session for the Board to review the RFP was set for August 30, 1994, at 12:00 noon. ORDINANCE NO. 25 - REGULATING MULTIPLE SERVICES ON A SINGLE LATERAL: Motion to adopt Ordinance No. 25, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REGULATING MULTIPLE SINGLE FAMILY SERVICES ON A SINGLE LATERAL CONNECTING TO THE MAINS OF THE DISTRICT AND SETTING FORTH REASONS THEREFOR, made by Director Reade, seconded by Director Scheafer. Motion carried 4 -0. POLICY UPDATE RESOLUTION NO. 94 -559 - CONTRACT CHANGE ORDERS: This establishes authority of staff to approve change orders up to specified limits. Motion to approve Resolution No. 94 -559, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT RELATING TO CONTRACT CHANGE ORDERS AND ESTABLISHING LIMITS ON . AUTHORITY FOR EXPENDITURES, made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. RESOLUTION NO. 94 -560 - ESTABLISHES AUTHORITY FOR STAFF TO EXPEND FUNDS AS LIMITED BY ORDINANCE NO. 22: Motion to approve Resolution No. 94 -560, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING AUTHORITY OF STAFF MEMBERS OF THE DISTRICT TO EXPEND FUNDS AS LIMITED BY ORDINANCE NO. 22 AND STATING REASONS THEREFOR, made by Director Reade, seconded by Director Scheafer. Motion carried 4 -0. OLD BUSINESS STATUS REPORT - PENDING ITEMS: Mr. Harriers presented the report. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 8 0 CREATIVE MANAGEMENT SOLUTIONS - FINANCIAL STUDY, PHASE II Staff is recommending that the Board set a study session date to review the document and establish a course of action based on what information is shown. The consultant would attend the study session to answer questions. Study session date has been set for Tuesday, August 30, 1994, 12:00 noon. CLAIM OF NEWPORT BEACH - IRVINE AVENUE MANHOLE APPROVE BINDING ARBITRATION: Mr. Hamers presented the letter from the attorney assigned by SDRMA, suggesting binding arbitration. Staff is recommending the Board approve binding arbitration, if necessary, to resolve the long -term maintenance of the asphalt ring around the manhole. Motion to approve binding arbitration made by Director Reade, seconded by Director Ferryman, abstained by Director Scheafer because he is a State Farm agent: AYES: Directors - Wahner, Ferryman, Reade NOES: Directors - None ABSTAINING: Directors - Scheafer NEW BUSINESS ISDOC - MEMBERSHIP RENEWAL: Mr. Hamers informed the Board that the membership renewal fee is $50. Motion to accept the renewal fee made by Director Scheafer, seconded by Director Ferryman, abstained by Director Reade because he is an Executive Officer of ISDOC: AYES: Directors - Wahner, Ferryman, Scheafer NOES: Directors - None ABSTAINING: Directors - Reade WARRANT REPORT: Motion made by Director Scheafer, seconded by Director Reade, authorizing the President and Secretary to sign Report No. 95 -02, instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $459,632.04, and from the Facilities Revolving Fund, $97.50, a total of $459,729.54. Motion carried 5 -0. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 18, 1994 Page 9 ORAL COMMUNICATIONS: Director Ferryman informed everyone of an upcoming Chamber of Commerce Catalina Flyer trip, scheduled for Wednesday, August 24, at 6:00 p.m. The cost is $15.00. Director Wahner spoke of the conference he attended in Monterey with CASA. The main thrust of the program was the "Current Thoughts and Organization/Reorganization of Special Districts ". They covered almost every aspect of the reorganization/consolidation /takeover of special districts. A view of all the sanitation districts in California was seen, rather than just in Orange County. ADJOURNMENT: At 7:16 pm, Director Wahner adjourned the meeting. President cr&ary u • •