Minutes - Board - 1991-09-12MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD SEPTEMBER 12, 1991
• CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
September 12, 1991, at 7:30 p.m., at the Civic
Center, 77 Fair Drive, Costa Mesa. The
meeting was called to order by President
Wahner, followed by the Pledge of Allegiance
to the .Flag led by Director Dick Sherrick,
followed by the Invocation by Director Nate
Reade.
Directors Present: James Wahner, Harry
Green, Nate Reade, James
Ferryman, Dick Sherrick
Directors Absent: None
Staff Present: Robert Brock, Manager
Roy June, Attorney
Susan Temple, Treasurer.
Robin Hamers, Engineer
Florine Reichle, Assistant
Manager /Clerk of the
District
Director Wahner welcomed Bill Morris, Director
of Public Services
MINUTES OF AUGUST 8 AND AUGUST 15, 1991:
Director Sherrick discussed the procedure for showing
corrections in the minutes. After brief discussion, he
suggested that marginal notes be made when there are
(corrections. Motion was made by Director Reade, seconded by
Director Green, and carried that the minutes of August 8 and
August 15, 1991, be approved as distributed.
MANAGER'S REPORTS:
WRITTEN COMMUNICATIONS: Mr. Brock presented correspondence
from Special District Risk Management indicating that our
coverage for boiler and machinery program would now be
included in the new policy.
Mr. Brock presented a letter from BLT.Enterprises, Inc., one
of the largest transfer stations in Los Angeles, .inviting us
to visit their transfer station.
A Notice of Funding Availability for household hazardous waste
programs has been received from the California Integrated
Waste Management Board. We will be notified of funds that
• might be available after the Non — Discretionary Grants. Mr.
Brock said that the District could apply for funds at a later
date if they are available.
Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 2
A Newsletter from Orange Coast College Recycling Center, which •
due to the financial problems they are experiencing, are
asking for financial contributions to keep the recycling
center operating. Mr. Brock suggested that this item be
agendized in the future for financial consideration.
Mr. Brock alluded to a "Mesa Pride" meeting held recently
where Mike Robinson of the Planning Department gave a
presentation on recycling and source reduction. Reference was
made to the City's recycling efforts without giving
appropriate credit to the Costa Mesa Sanitary District's
programs. Director Wahner interjected the presentation to
make those present aware of the District's efforts in the
recycling effort. A letter of apology was written by the City
Manager. Ms. Reichle will be notified of any future meetings
to be held regarding the recycling effort.
Mr. Brock gave a brief report on the field study of District
parcels. Staff has surveyed approximately two— thirds of the
District and expects to complete the study in 45 days. In
response to a question from Director Sherrick, Mr. Brock
responded that staff is checking each parcel against the
computer information shown which also interfaces with the
County data base.
The recycling program waste diversion figures for August were •
not received in time for this month's meeting, so will be
reported at the October meeting.
OCCUPANCY REPORT:
Mr. Brock reported there was no change in the occupancy report
from August 1991. Total occupancy remains at 22,774.
Motion was made by Director Reade, seconded by Director Green,
to accept the occupancy count report as presented. Motion
carried 5 -0.
REFUNDS:
APPEAL OF EARLE J. BAIRD, REFUND REQUEST:
At the meeting of August 15, 1991, staff had recommended only
a partial refund based on the fact that it appeared that the
units were habitable. Mr. Baird met staff at the site and
confirmed that it was being used only for storage, water and
electrical service was discontinued in 1983. Staff is
therefore recommending additional refund be approved. It was
moved by Director Ferryman, seconded by Director Green; that
a refund request in the amount of $58.49 for sewer assessment
and $587.90 for trash assessment be approved on A. P. No.
422 - 412 -30, 2190 Placentia, Costa Mesa. Motion carried 5 -0. •
Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 3
;r
Those people present to address their refunds were allowed to
speak to the board concerning their rationale for approval.
Director Sherrick went on record as opposing the denial of
refunds to people who are paying for services not received.
Mrs. Christopher Young was present to speak regarding request
for refund of $334.96. She stated she did not know they were
paying for both private trash service, and curbside service
assessment. Attorney June explained the history of the
Assessment District and that appropriate notices had been
posted according to requirements.
On A. P. No. 939 - 290 -37, request for refund of $334.9.6 -
Denied - Director Reade made a motion, seconded by Director.,
Green, to deny the refund request as exemption had not been
filed. Motion carried 4 -1, Director Sherrick voting no.
Mr. Brock presented a request for refund of trash assessment
fees from Mary Gonsalves, 2309 N. Linwood, Santa Ana, CA
92701, and the following parcels, as follows:
On A. P. No. 439- 222 -01, request for refund of $505.86 -
Approved - Director Reade made a motion, seconded by Director
Green, to approve the refund request as unit was billed for
six units instead of one and before the certificate of
occupancy was issued. Motion carried 5 -0.
® On A. P. No. 439 - 222 -02, request for refund of $505.86 -
Approved - Ferryman made a motion, seconded by Director Green,
to approve the refund request as unit was billed for six units
instead of one and before the certificate of occupancy was
issued. Motion carried 5 -0.
On A. P. No. 439 - 222 -03, request for refund of $505.86 -
Approved - Director Ferryman made a motion, seconded by
Director Green, to approve the refund request as unit was
billed for six units instead of one and before the certificate
of occupancy was issued. Motion carried 5 -0.
On A. P. No. 439- 222 -04, request for refund of $505.86 -
Approved - Reade made a motion, seconded by Director Ferryman,
to approve the refund request as unit was billed for six units
instead of one and before the certificate of occupancy was
issued. Motion carried 5 -0.
On A. P. No. 439- 222 -05, request for refund of $505.86 -
Approved - Director Reade made a motion, seconded by Director
Ferryman, to approve the refund request as unit was billed for
six units instead of one and before the certificate of
occupancy was issued. Motion carried 5 -0.
On A. P. No. 439 - 222 -06, request for refund of $505.86 -
Approved - Reade made a motion, seconded by Director .Green, to
approve the refund request as unit was billed for six units'
instead of one and before the certificate of occupancy was
issued. Motion carried 5 -0.''
Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 4
1 I
On A. P. No. 439 - 222 -07, request for refund of $134.90 - •
Approved - Reade made a motion, seconded by Director Ferryman,
to approve the refund request as parcel is common area with no
facilities. Motion carried 5 -0.
On A. P. No. 422- 533 -02, request for refund of $370.03 -
Approved - Harry Rilby, 1949 Sundance Lane, Costa Mesa, CA
92627 - Director Ferryman made a motion, seconded by Director
to approve the refund request since District cannot serve the
complex. Records show the complex contains 16 single- family
homes which cannot be provided curbside service by the
District. The only street in the complex is substandard width
and is accessed by a Newport Beach city street. Motion
carried 5 -0.
C10 RA18 „o4, On A. P. No. 935- 840 -18, request for refund of $296.88 -
Approved - Elizabeth Wells, 2236 Pacific, Unit B, Costa Mesa,
�o��ier CA 92626 - Director Green made a motion, seconded b Director
�?91•y�' y
Reade, and carried, to approve the refund request since the
parcel should be billed as one unit instead of five. Motion
carried 5 -0.
Source Reduction and Recycling Element Committee - CA Integrated
Waste Management Plan:
The City Council placed the Source Reduction and Recycling
Element Report on its September agenda and it was then •
deferred to a study session. Mr. Brock stated that the
District had provided comments to be included in the final
document.
Trash Exemption Notification - Improvements:
Mr. Brock distributed a copy of "Trash Exemption Notification
- Improvements” that reflect the improvements that have been
implemented to the notification procedure.
TREASURER'S REPORT:
Ms. Temple presented the financial report for August 1991.
After discussion and review, Director Reade made a motion,
seconded by Director Green, and unanimously carried, that the
Financial Report for August 1991, be approved.
1991 -92 FINAL BUDGET:
Ms. Temple stated that on the final amendment to the 1991 -92
Budget she had failed to state the final dollar amount of the
final budget, which is $5,480,191, which includes the amended
City Contract of $1,018,550. Director Ferryman made a motion,
seconded by Director Reade, that the 1992 final amended budget
in the amount of $5,480,191 be approved. Motion carried 5 -0. •
Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 5
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• ENGINEER'S REPORT:
PROJECT STATUS REPORT:
Director Wahner alluded to the proposed widening of I -405 and
the possible effect it may have. on the District's Redhill
Trunk Line. Mr. Hamers informed the Board that the City of
Costa Mesa staff had met with Orange County Sanitation
District regarding the widening of the I -405. The State and
City will widen a large portion of the freeway on the south
side where Orange County Sanitation's Redhill Trunk Line and
Costa Mesa Sanitary District has numerous connections into
that line. If that line has to be relocated, then the Costa
Mesa Sanitary' District's lines have to be relocated. Mr.
Hamers stated that he had communicated with the County
concerning the location of the connections. The County will
continue to keep us informed and District staff will be
invited to attend the meetings concerning this widening.
Status report was received and filed.
Engineer's Review of Sewer Plans:
Mr. Hamers presented his monthly report on projects within the
City of Costa Mesa where he signs plans as both the private
engineer preparing plans and as the Costa Mesa Sanitary
District Engineer. Mr. Hamers reported signing plans that fit
the criteria on a project at 373 Bay Street. Director Reade
made a motion, seconded by Director Green, and carried to
approve the finding that Mr. Hamers had made a full disclosure
and that conflict of interest does not exist. Motion carried,
5 -0.
BID OPENING:
Project 1112100 -121 - Televising Sewer Lines:
Mr. Hamers informed the Board that of the five bids received,
the lowest bid was that of National Plant Services, Inc. in
the amount of $103,006.29. After discussion, it was moved by
Director Ferryman, seconded by Director Green, that the
contract for Televising of Sewer Lines be awarded to the low
bidder, National Plant Services, Inc., in the amount of
$103,006.29. Motion carried 5 -0.
Proposal to Complete Construction Phase of Project 1112100 -121
- Televising Sewer Lines:
Mr. Hamers submitted his proposal for engineering services
during the construction phase of above - mentioned project in
the amount. of $30,404. After discussion, it was moved by
Director Reade, seconded by Director Green, that the
Engineer's proposal, not to exceed $30,404, for the
construction phase of Project 1112100 -121 be approved. Motion
carried 5 -0.
Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 6
Proposed Agreement between the County and the Costa Mesa
Sanitary District for raising the grade of approximately 59
sewer manholes:
Mr. Hamers informed the Board that this requires a deposit of
$14,278 to be made to the County for the work. It was moved
by Director Green, seconded by Director Ferryman, that the
proposed Agreement between the County and the District be
approved and a deposit of $14,278 be made to the County for
OCEMA Resurfacing Program. Motion carried 5 -0.
ATTORNEY'S REPORT:
Approval of Common Defense Agreement:
Attorney June reminded the Board that the Costa Mesa Sanitary
District had been included in the Cross - Complaint by the
Potlatch/ Simpson Paper Company. He stated that the Orange
County Sanitation Districts have agreed to defend the Costa.
Mesa Sanitary District, an others, and to pay any judgments
that may be rendered against them. They are preparing a
Common Defense Agreement. He stated that he had received a
call from the Attorney for Special District Risk Management
and they have urged us to go along with the County. He
requested approval to enter into the Common Defense Agreement
with the understanding that it will be brought back to this
Board prior to signing. After discussion, Director Sherrick
moved that entering into the Common Defense Agreement be •
approved. Motion was seconded by Director Ferryman and
carried 5 -0.
South Coast Plaza Pumping Station:
Mr. June reported that he is still investigating this project.
STATUS REPORT - received and filed:
Director Sherrick made a motion that the Costa Mesa Sanitary
District furnish a copy of the Agenda and the approved Minutes
to each of the two libraries in the City of Costa Mesa - -the
Agenda 72 hours before the meeting and the approved Minutes
after they are approved; further that for the first time,
staff personally deliver these documents to the libraries to
explain what they are for and who they are from. This motion
was seconded by Director Ferryman and carried 5 -0.
Mr. Brock discussed correspondence received from the City
Manager to all Orange County City Managers regarding waste
hauling and disposal. The City Manager's Association has
asked the Cities and Districts who provide that service to
gain control over disposal sites used by their perspective
contract haulers. Some cities already have contractual
provisions. The District may want to consider its options to
place control over those disposal sites. Mr. Brock will send •
a copy of this correspondence to all Board members.
' Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 7
DISTRICT MANAGEMENT:
Mr.. Brock presented recommendations for and options for
resolving interim staffing of District Manager's position due
to vacancy. Director Sherrick requested a.closed session to
discuss this matter. Director Wahner responded that the
meeting will be adjourned to discuss all the options the
District has regarding the management of the District and to
also listen to the consulting firm who has presented a
proposal to the District.
Attorney.June discussed briefly the City's responsibility to
the management of the District. He stated that it is very
clear in the City's contract that the City provide the
management of the District.
After further discussion, Director Sherrick made a motion that
the meeting be adjourned to Monday, September 23, 1.991, at
5:30 p.m., to discuss District management and staffing needs
assessment study as they pertain to personnel, with Attorney
June to be the only staff member present. Further, that Mr.
Barry Newton be invited to attend this meeting. Motion was
seconded by Director Reade and carried 5 -0.
RESOLUTION NO. 91 -509:
It was moved by Director Reade, seconded by Director Ferryman,
AbLe4seri<oA) that Resolution No. 91 -509, being A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, AUTHORIZING THE
Htti�e K CASTING OF A PROXY BALLOT AT THE 1991 ANNUAL MEETING OF THE
vOTl 'i! do MEMBERS OF THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY, be
adopted. Motion carried by the following roll vote:
AYES: Directors - Wahner; Ferryman, She'kwick, Reade, Green
NOES: Directors - NeneSki4_4 d,�
ABSENT: Directors - None
RESOLUTION NO. 91 -510:
It was moved by Director Reade, seconded by Director Ferryman,
CoAtg.�.o� that Resolution No. 91 -510, BEING A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT COMMENDING
�• *N� �' ROBERT R. BROCK ON SERVICE WITH THE DISTRICT, WISHING HIM WELL
IN HIS FUTURE ENDEAVORS IN THE NON - PUBLIC ENGINEERING FIELD,
AND STATING REASONS THEREFOR be adopted. Motion carried by
the following roll call vote: \\
AYES: Directors - Wahner, Ferryman, Sher�ck, Reade, Green
NOES: Directors - Node Shd4.Ad K
ABSENT: Directors - None
WARRANT REPORT 92 -03:
Director Sherrick made a motion, seconded by Director Reade,
authorizing the President and Secretary to sign Report No.
92 -03, instructing the City of Costa Mesa to draw a warrant
Costa Mesa Sanitary District Minutes -- September 12, 1991 - -Page 8
from the Costa Mesa Sanitary District General Fund in the
amount of $516,999.17. Motion carried 5 -0.
ORAL COMMUNICATIONS:
Director Wahner informed the Board that the Sanitation
District is going ahead with the Santa Ana River sewer line at
a savings of approximately $900,000.
ADJOURNMENT:
Upon motion by Director Reade, seconded by Director Green,
and carried 5 -0, the meeting adjourned at 8:55 p.m. to
September 23, 1991, 5:30 p.m., in the fourth floor conference
room at Costa Mesa Civic Center.
President
Sec ary
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