Minutes - Board - 1989-11-09MINUTES OF THE REGULAR MEETING
BOARD OF DIRECTORS
COSTA.MESA SANITARY DISTRICT
November 9, 1989
CALL TO ORDER President Wahner called the meeting to order at
7:30 p.m.
ROLL CALL Present: Directors - Wahner, Crank,
. Hanson, Green, Ferryman.
Officials present: Robert Brock, Manager
Roy June, Attorney
Robert Oman, Finance Director
Robin Hamers, Engineer
Florine Reichle, Clerk of the
District
Guests: Joe Colesworthy, 231 Via
Orvieto, Newport Beach.; Arlene
Fannin, 3110 Coral Avenue,
Costa Mesa; Don Hinshaw, 2308
Cliff Drive, Newport Beach;.
Dee Ward, 2110 Newport
Boulevard, #1, Costa Mesa.
MINUTES:
On motion by Director Green, seconded by Director
October 12, 1989
Ferryman, and carried 5 -0, the minutes of the
regular meeting of October 12, 1989 were approved
as distributed and posted.
WRITTEN
Mr. Brock presented a letter from Supervisor Gaddi
COMMUNICATIONS
Vasquez thanking the District for their recent
correspondence expressing support of expansion of
LAFCO; a flyer announcing the Earthquake Survival
Seminar scheduled for November 13. He said Ms
Reichle will be a panel member representing the
District. Also presented was a letter from Jeff
Kirkpatrick, JUST SAY, NO CLUB, asking for support
in the way of a letter of endorsement, financial
support, or donation of materials. Staff was
directed to send a letter of encourage=ment and
support for their worthwhile program. Mr. Brock
circulated a notice of a workshop to be held in
Sacramento on December 8, on the Implementation of
AB 939. There is provision in the budget for
registration and'air fare and he plans to attend.
President Wahner asked the guests to speak about
REFUND
their individual concerns on their requests for
REQUESTS
trash assessment refunds. After hearing from each
one, the Board agreed that staff should investi-
gate other ways of notifying the general public
that exemptions are possible when curbside trash
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service is not used. It appears that the local
paper, where the legal notices are published as
required by law, is not being read by many.
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Refund Requests Staff was further directed to send an agenda to
(Continued) each person who has requested a refund whether or
not interest in attending the meeting is indi- •
cated; to revise the wording in public hearing
notice; and to investigate other methods of
exemption notification.
President Wahner told those attending that the
Board would consider all agended requests indivi-
dually and that they would be notified of the
outcome by a telephone call from staff. This was
changed later in the meeting upon the advise of
Mr. June, that notice should be by letter with a
copy of the policy and notice of public hearing
attached.
Donald Sutton Mr. Brock presented a request for refund of trash
assessment fees of $303.60 on A.P. 139 - 492 -11,
from Donald Sutton, 2421 Francisco, Newport Beach.
Mr. Sutton has been exempted previously but failed
to file this year. Although he had moved during
the year and possibly did not receive his form,
the Board felt he should have known to request one
based on his awareness of the deadline date.
Director Hanson made a motion, seconded by Direc-
tor Green, to deny the request for refund based on
District policy which states the property owner •
must file for exemption by June 30. Motion
carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
Rony Fuchs Mr. Brock presented a request for refund of trash
assessment fees in the amount of $497.17 on A.P.
141 - 664 -06, from Rony Fuchs, 4352 Margarita Drive,
Irvine. Mr. Fuchs claimed he was unaware of the
exemption procedure. His refund request was for
last year and this year. Staff investigation
revealed that he had filed an exemption on the
same parcel in 1987 -88.
Director Green made a motion, seconded by Director
Hanson, to deny the request for refund based on
District policy which states the property owner
must file for exemption by June 30. Motion
carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
Don Hinshaw Mr. Brock presented a request for refund of trash •
assessment fees in the amount of $2,520.99 on A.P.
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CORRECTION /ADDITION TO MINUTES OF NOVEMBER 9, 1989
REFUND REQUEST Mr. Brock presented a request for refund of trash
Paul Lamas assessment fees of $637.43 on A.P. No. 141 - 665 -20,
located at 981 Valencia Drive, from Paul Lamas, 574
Sturgeon, Costa Mesa. Mr. Lamas purchased the
property in 1987 and was not informed of the trash.
exemption policy. He stated he had not noticed the
assessment on his property tax bill until this year.
Director Hanson made a motion, seconded by Director
Green, to deny the request for refunds for 1987 -88 and
1988 -89 because the Board agreed that the property
owner must accept full responsibility for verifying
all charges are true on their tax statements and
denied the request for the 1989 -90 refund based on
District policy which states that the property owner
must have filed an exemption before June 30, 1989.
Motion carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson, Green,
Ferryman.
NOES: Directors - None
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Hinshaw 425- 163 -10, from Don Hinshaw, 2308 Cliff Drive,
(continued) Newport Beach. Mr. Hinshaw, has owned this
• property for some time. Although he has been
paying for both dumpster service and curbside
service, he has never filed for exemption.
Director Hanson made a motion, seconded by Direc-
tor Green, to deny the request for refund because
the Board agreed that the property owners must
accept full responsibility for reading their tax
statements and verifying all the charges are true.
Motion carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
' Green, Ferryman.
NOES: Directors - None.
Joseph Miller Mr. Brock presented a request for refund of trash
and sewer assessment fees of $124.33 on A.P.
419 - 171 -23, from Joseph Miller, 2128 Parsons,
Costa Mesa. Mr. Miller was incorrectly charged for
two units instead of one. His request is for
refund of fees for 1988 -89 and 1989 -90.
Director Hanson made a motion, seconded by Direc-
tor Crank to approved the refund of $75.27 for
1989 -90 and to deny the request for 1988 -89
• because District policy states all corrections
must be made before April 30 of the same year.
Motion carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
Robert Duff Mr. Brock presented a request for refund of trash
assessment fees of $475.11 on A.P. 439 - 154 -09,
from Robert Duff, P.O. Box 1242, Santa Ana. Mr.
Duff has owned the property since 1983 and has
paid for both dumpster service and curbside
service for the past seven years. His request-is .
for refund of fees going back to 1983.
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Director Hanson made a motion, seconded by Direc-
tor Crank, to deny the request for refund because
the Board agreed that' the property owners must
accept full responsibility for reading their tax
statements, verifying all charges, and must file
for an. exemption according to District procedures
if curbside service is not wanted. Motion carried
by the following roll call vote:
AYES: Directors -
NOES: Directors -
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Wahner, Crank, Hanson,
Green, Ferryman.
None.
Joe
Colesworthy Mr. Brock presented a request for refund of trash
assessment fees of $1,852.64 on A.P. 439 - 291 -05,
from Joe Colesworthy, 231 Via Orvieto, Newport
Beach. Mr. Colesworthy has been paying for both
dumpster and curbside service since 1981 and
requested a refund of fees going back to 1981 -82.
He said he was unaware of the exemption policy.
Director Hanson made a motion, seconded by Direc-
tor Ferryman to deny the request because the Board
agreed that the responsibility rests on the
property owner to be knowledgeable about service
fees and assessments on the property. The District
assumes the property owner is using curbside
service until notified otherwise. Motion carried
by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
Arlene Fannin Mr. Brock presented a request for refund of trash
assessment fees of $303.60 on A.P. 139 - .493 -01,
from Arlene Fannin, 3110 #B Coral Avenue, Costa
Mesa. Ms Fannin said the property has been
exempted every year since 1984. This year she
acquired the property from her mother's estate and
was aware of the exemption procedure but did not
receive the exemption form in the mail.
Director Hanson made a motion, seconded by
Director Green, to deny the request because Ms
Fannin, being well acquainted with the procedure,
could have contacted the office for an exemption
form before the deadline according to procedure.
Motion carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: 'Directors - None.
Dee Ward Mr. Brock presented a request for refund of trash
assessment fees of $485.76 on A.P. 425- 451 -22,
from Dee Ward, 2110 #1 Newport Boulevard, Costa
Mesa. -Mr. Ward has previously been exempted on
this property but has not filed an exemption for
the last two years.
Director Hanson made a motion, seconded by Direc-
tor Green, to deny the request for refund based on
District policy which states the property owner
must file for exemption. Motion carried by the
following roll call vote:
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Ward .
(continued)
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Joe Johnsen
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AYES: Directors -
NOES: Directors -
Wahner, Crank, Hanson,
Green; Ferryman.
None.
Mr. Brock presented a request for.refund of trash
assessment fees of $121.44 on A.P. 419 - 172 -42 from
Donald Ward, 394 #C Hamilton, Costa Mesa. Mr.
Ward has been paying for one unit and should
correctly be charged for four units; however, he
does have dumpster service so is eligible to file
an exemption. Staff has corrected the computer
information to show four units.
Director Hanson made
for Green to deny
instructed staff to
form for next year.
lowing roll call vote:.
AYES: Directors -
NOES: Directors -
a motion, seconded by Direc-
the request for refund; and
send Mr. Ward an exemption
Motion carried by the fol-
Wahner, Crank, Hanson.,
Green, Ferryman.
None.
Mr. Brock presented four requests for refund of
trash assessment fees in the total amount of
$2,610.96, from Joe Johnsen, 3711 Daffodil, Corona
del Mar. All four parcels, 422 - 141 -21, 422 - 141 -17,
422 - 141 -23 and 422- 141 -16, are part of one 38 -unit
complex. Mr. Johnsen moved during the year and
does not remember receiving an exemption form.
Staff field checked this complex and is recom-
mending a permanent exemption for the future, as
the complex could never be serviced by curbside
collection.
Director Hanson made a motion, seconded by Direc-
tor Ferryman, to deny the request because Mr.
Johnsen, being aware of the procedure, could have
contacted the office for an exemption form before
the deadline for filing. Motion carried by the
following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
Sy Nguyen Mr. Brock presented a request for refund of trash
and sewer assessment fees of $325.19 on A.P.
119- 264 -17, from Sy Nguyen, 1541 Orchard Drive,
Santa Ana.. Sy Nguyen is being charged for five
units. instead of one. The refund request is for
two years. Staff has corrected the computer
information.
• Director Hanson made a motion, seconded by Direc-
tor Ferryman, to approve the refund of $194.01 for
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Nguyen 1989 -90, and to deny the request for refund of the
(continued) previous year as policy states the request must be
made by April 30 of the same year.
Motion carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
OCCUPANCY Mr. Brock read the Occupancy Report showing
REPORT neither an increase nor decrease in the trash and
garbage collection count, leaving the total at
19,718.5 units, as of November 1, 1989.
On motion by Director Hanson, seconded by Director
Ferryman, the Occupancy Report was approved by the
following roll call vote:
On motion by Director Crank, seconded by Director
Ferryman, and carried 5 -0, the Project Status
Report was received and filed.
PROJECT NO. 113 Mr. Hamers presented a proposal to begin the 21st
21st Street Street Sewer Siphon in conjunction with the Costa
Sewer Siphon Mesa Freeway construction by CALTRANS. CALTRANS
has agreed to reimburse the District for the
design, construction and inspection on this
project. The design phase will be performed at
the following rates:
Engineer $ 50 /hour
Draftsman 40 /hour
Survey Crew (2 men) 135 /hour
Survey Crew (3 men) 155 /hour
Director Hanson made a motion, seconded by Direc-
tor Ferryman, to approve the proposal with billing
to be only for the actual time worked, not to
exceed $12,000. Motion carried by the following
roll call vote:
AYES: Directors -
NOES: Directors -
Q.
Wahner, Crank, Hanson,
Green, Ferryman.
None.
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AYES:
Directors -
Wahner,
Crank, Hanson,
Green,
Ferryman.
NOES:
Directors -
None.
FINANCIAL
On motion
by Director
Hanson,
seconded by Director
REPORT
Green and
carried 5
-0, the
Financial Report was
approved as
submitted
by Mr.
Oman.
PROJECT STATUS
Mr. Hamers
reported there were no additions to the
REPORT
Project Status
Report.
On motion by Director Crank, seconded by Director
Ferryman, and carried 5 -0, the Project Status
Report was received and filed.
PROJECT NO. 113 Mr. Hamers presented a proposal to begin the 21st
21st Street Street Sewer Siphon in conjunction with the Costa
Sewer Siphon Mesa Freeway construction by CALTRANS. CALTRANS
has agreed to reimburse the District for the
design, construction and inspection on this
project. The design phase will be performed at
the following rates:
Engineer $ 50 /hour
Draftsman 40 /hour
Survey Crew (2 men) 135 /hour
Survey Crew (3 men) 155 /hour
Director Hanson made a motion, seconded by Direc-
tor Ferryman, to approve the proposal with billing
to be only for the actual time worked, not to
exceed $12,000. Motion carried by the following
roll call vote:
AYES: Directors -
NOES: Directors -
Q.
Wahner, Crank, Hanson,
Green, Ferryman.
None.
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PROJECT NO. 118 Mr. Hamers presented a proposal to begin the
Rehabilitation design of the Rehabilitation of the South Coast
�f South Coast Plaza Pump Station. This project will combine
Plaza Pump two existing pumping stations into one station
Stations compatible with other District stations. The
design phase will be performed at the following
rates including flow metering, soils engineering
and structural engineering:
Engineer $ 50 /hour
Draftsman 40 /hour
Survey Crew (2 men) 135 /hour
Survey Crew (3 men) 155 /hour
Director Green made a motion, seconded by Director
Crank, to approve the proposal with billing to be
only for the actual time worked, not to exceed
$16,000. Motion carried by the following roll call
vote:
AYES: Directors - Wahner, Crank, Hanson,
' - Green, Ferryman.
NOES: Directors - None.
ORDINANCE Mr. June reported that the State Public
Proposed Construction Act does not require competitive
bidding of the Sanitary -District other than as
work relates to sanitary sewer facilities.
However, in order to avoid criticism of the
District and in an effort to establish rules of
fair play among vendors who are able to supply the
District, he recommends an ordinance be adopted
establishing $5,000 as the monetary amount.which
• may be expended by the District without soliciting
competitive bids.
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AYES: Directors - Wahner, Crank, Hanson,
Green,
Ferryman.
NOES: Directors - None.
PROJECT NO. 119
Mr. Hamers presented a
proposal
to begin the
Joint Reworking
design of the project
for Joint
Reworking and'
and Manhole
Manhole Rehabilitation.
The design
phase will be
•Rehabilitation
performed at the following
rates:
Engineer
$ 50 /hour
Draftsman
40 /hour
Survey Crew (2 men)
135 /hour
Survey Crew (3 men)
155 /hour
Director Ferryman made
a motion,
seconded by
Director Hanson, tp approve
the
proposal with
billing to be only for the
actual time worked, not
to exceed $6,000. Motion
carried by
the following
roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
' - Green, Ferryman.
NOES: Directors - None.
ORDINANCE Mr. June reported that the State Public
Proposed Construction Act does not require competitive
bidding of the Sanitary -District other than as
work relates to sanitary sewer facilities.
However, in order to avoid criticism of the
District and in an effort to establish rules of
fair play among vendors who are able to supply the
District, he recommends an ordinance be adopted
establishing $5,000 as the monetary amount.which
• may be expended by the District without soliciting
competitive bids.
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Ordinance On motion by Director Hanson, seconded by Director
(continued) Green and unanimously carried, Mr. June was
instructed to draft an ordinance establishing •
competitive bidding limitations.
Letter of Mr. Brock presented for signature, a letter to
Recommendation Supervisor Riley outlining some of Robert "Bob"
Hanson's accomplishments while on the Board of
Directors and recommending him for a position in
which strong leadership is required
DISTRICT MANAGER Mr. Brock presented a letter from City Manager,
APPOINTED Allan Roeder, appointing Mr. Brock as the perma-
nent manager of the Sanitary District. President
Robert R. Brock Wahner, on behalf of the Board, expressed their
satisfaction and congratulated Mr. Brock. Direc-
tor Hanson made a motion, seconded by Director
Green and unanimously carried, to ratify the
action moving Mr. Brock from interim manager to
permanent manager of the Costa Mesa Sanitary
District.
RESOLUTION Mr. June presented Resolution No. 89 -484, com-
NO. 89 -484 mending Robert "Bob" Hanson for his ten years
of public service as a director on the Costa Mesa
Commending Sanitary District.
Robert Hanson
Director Ferryman made a motion, seconded by •
Director Crank that Resolution NO. 89 -484, being A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA
MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFOR-
NIA, COMMENDING ROBERT "BOB" HANSON,.DIRECTOR,
COSTA MESA SANITARY DISTRICT, be adopted. Motion
carried by the following roll call vote:
AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
TELEPHONE Ms Reichle reported on the Telephone Book
BOOR Recycling Project scheduled to begin November 13.
RECYCLING This will be a joint project with the City of
PROJECT Costa Mesa and Orange Coast College Recycling
Center. Bins, provided through the courtesy of
Orco Disposal, will be located at Lions Park, City
Hall, Boys and Girls Club of the Harbor Area /Upper
Bay Branch, and Orco Disposal. Orange Coast
College Recycling Center will also fly a banner
announcing the program and receive the books at
their facility. The project is timed to coincide
with the distribution of the new directories
between November 8 and December 8. Publicity of
the project will be sought from the newspapers and
Channel Three News. •
Director Crank made a motion, seconded by Director
M
WARRANT Green, authorizing the President and Secretary to
REPORT sign Report No. 90 -05 instructing the City of
NO. 90 -05 Costa Mesa to draw a warrant from the Costa Mesa
Sanitary District General Fund in the amount.of
$344,031.85; from the Facilities Revolving Fund,
the amount of $75, a total of $344,106.85. Motion
carried by the following roll call vote:
OCSD NO. 1 Director Hanson suggested that Director Wahner be
REPRESENTATION appointed to the Orange County Sanitation District
No. 1 Board as the member - representative replacing
Director Hanson. This will be an agenda item for
the December meeting.
ADJOURNMENT President Wahner declared the meeting adjourned at
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AYES: Directors - Wahner, Crank, Hanson,
Green, Ferryman.
NOES: Directors - None.
CLOSED
President Wahner declared the meeting adjourned to
SESSION
a closed session at 9:03 p.m.., to discuss the
proposal presented by Mr. Oman to provide
financial services for the District after his
retirement from the City.
REGULAR
At 9:16 p.m., President Wahner declared the
SESSION
meeting reconvened to regular session.
FINANCIAL
Concerns with the proposal were discussed, and the
SERVICES
consensus was that more time is needed to properly
PROPOSAL
evaluate the proposal. It was suggested that Mr.
Oman meet with staff on the issues addressed and
particularly with. Mr. June, as much of their
concern involves the legal area.
OCSD NO. 1 Director Hanson suggested that Director Wahner be
REPRESENTATION appointed to the Orange County Sanitation District
No. 1 Board as the member - representative replacing
Director Hanson. This will be an agenda item for
the December meeting.
ADJOURNMENT President Wahner declared the meeting adjourned at
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