Minutes - Board - 1991-11-14MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
� REGULAR MEETING HELD NOVEMBER 14, 1991
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
November 14, 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: William Morris, Manager
Roy June, Attorney
Susan Temple, Finance
Director, Robin Hamers,
Engineer, Florine Reichle,
Assistant Manager /Clerk of
the District
• Guests: Mike Silva, C. R. Transfer;
Raul Rangel, Ray Rangel,
Costa Mesa Disposal; Allen
Pedersen
MINUTES OF OCTOBER.10, 1991:
Director Sherrick asked that the minutes of October 10, 1991,
be amended on page 5, paragraph 3 to add: "amount not to
exceed $8,616." Motion was made by Director Reade, seconded
by Director Green, and carried that the minutes of October 10,
1991, be approved as amended.
Director Wahner introduced guests;;: Mike Silva, Raul ai gel, Ray
Rangel, and Allen Pedersen.
WRITTEN COMMUNICATIONS:
Manager Morris submitted to the Board a letter of thanks from
Bob Brock who recently resigned as Manager of the District.
Mr. Morris circulated an article recently printed in the Orange
County Register concerning the telephone book recycling program
kick —off campaign.
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Costa Mesa Sanitary District Minutes -- November 14, 1991 - -Page 2
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Mr. Morris circulated a letter from the Costa Mesa Chamber of
Commerce dated October 23, 1991, regarding the program
entitled "Vision 2000" in which the Chamber is promoting a
number of programs.
Mr. Morris submitted a News Release from Kragen Auto Parts
which is to be discussed later in the Agenda.
RECYCLING REPORT FROM C. R. TRANSFER, INC. — Diversion rate of
27.17% was reported for October 1991. Total tonnage,
2,643.37; recycled tonnage, 718.33.
MANAGER'S REPORT:
OCCUPANCY REPORT:
Mr. Morris reported there was no change in the occupancy
report from October 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:
Director Sherrick went on record as opposing the denial of 10
refunds to people who are paying for services not received.
Mr. Morris presented a request for refund of trash assessment
fees from Woodco Investment, P. O. Box 2286, Newport Beach, CA
92663, on A.P. No. 425 - 452 -06 in the amount of $2,048.36.
Refund has been requested dating back to the 1986 -87 year for
five units. Staff is recommending a partial refund of only
the previous year's assessment in accordance with District
policy. Director Reade made a motion, seconded by Director
Reade, to approve the partial refund of $700.80 for the year
1991 -1992. Motion carried 4 -1 — Sherrick voting no.
Mr. Morris presented a request for refund of $75.00 for Permit
Fees that were paid twice from Henry Wong, 3082 Roanoke Lane,
Costa Mesa, CA 92626. Staff has recommended refund less
$15.00 administrative fee. Director Green made a motion,
seconded by Director Reade, that the refund of $60.00 be
approved. Motion carried 5 -0.
Mr. Morris presented a request for refund from Briggs
Development (James Lee) , 23046 Avenida Carlotta, Laguna Hills,
CA 92653, of $390.00. The owner was actually tying one
lateral off the main line in center of street instead of six
laterals. Staff is recommending full refund. Director
Ferryman made a motion, seconded by Director Green that the
full refund of $390.00 be approved. Motion carried 5 -0. •
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CJ
Costa Mesa Sanitary District Minutes -- November 14, 1991 - -Page 3
Mr. Morris presented a request for refund from Briggs
Development (James Lee) , 23046 Avenida Carlotta, Laguna Hills,
CA 92653, of $122.00. The owner tied in only one lateral
instead of the two originally requested. Director Reade made
a motion, seconded by Director Green, that the refund be
approved. After discussion of the calculation of fees, staff
agreed that further investigation is needed on the amount
presented. Staff will further review this request and
resubmit it to the Board. Director Reade withdrew his motion.
Director Sherrick commented on the submitting of information
on back —to —back paper saying it' is difficult to follow.
Director Wahner responded that the purpose is to conserve
paper.
Mr. Morris presented a request for refund of trash assessment
fees from John Podhorsky, 2201 N. Hathaway, Santa Ana, CA
92701, A. P. 422 - 021 -30, of $280.32. Based on the change to
the refund policy, staff is recommending full refund as Mr.
Podhorsky is using private service. Director Sherrick
questioned that nowhere on the form did it show the history of
what has been paid in the past. Mr. Morris agreed to meet
with Mr. Sherrick to discuss presentation of the refunds.
Director Ferryman made a motion, seconded by Director Green,
to approve the requested refund of $280.32. Motion carried
4 -0 with Director Sherrick abstaining.
Mr. Morris presented a request for refund of trash assessment
fees from Roy A. Rodgers, 9102 Crocus Avenue, Fountain Valley,
CA 92708, A. P. No. 141 - 664 -17, of $560.64. Staff is
recommending full refund as Mr. Rodgers is using a private
service. Director Reade made a motion, seconded by Director
Green, to approve the requested refund of $560.64. Motion
carried 4 -0 with Director Sherrick abstaining.
Mr. Morris presented a request for refund of trash assessment
fees from Roy A. Rodgers, 9102 Crocus Avenue, Fountain Valley,
CA 92708, A. P. No. 141 - 664 -16, of $560.64. Staff is
recommending full refund as Mr. Rodgers is using a private
service. Director Reade made a motion, seconded by Director
Green, to approve the requested refund of $560.64. Motion
carried 4 -0 with Director Sherrick abstaining.
Mr. Morris presented a request for refund of trash assessment
fees from Yvonne Shen, 1912 Galaxy Drive, Newport Beach, CA
92660, 439 - 181 -15, of $981.12. Staff is recommending full
refund as Ms. Shen is using a private service. Director
Ferryman made a motion, seconded by Director Green, to approve
the requested refund of $981.12. Motion carried 4 -0 with
Director Sherrick abstaining.
Costa Mesa Sanitary District Minutes -- November 14, 1991 - -Page 4
40
Mr. Morris presented a request for refund of trash assessment
fees from Yvonne Shen, 1912 Galaxy Drive, Newport Beach, CA
92660, 439 - 171 -15, of $840.96. Staff is recommending full
refund as Ms. Shen is using a private service. Director
Ferryman made a motion, seconded by Director Reade, to approve
the requested refund of $840.96. Motion carried 4 -0 with
Director Sherrick abstaining.
Mr. Morris presented a request for refund of trash assessment
fees from Barrett Dillow, 1750 Whittier, #86, Costa Mesa, CA
92627, A. P. 141 - 664 -01, of $560.64. Staff is recommending
full refund as Mr. Dillow is using a private service.
Director Ferryman made a motion, seconded by Director Reade,
to approve the requested refund of $560.64. Motion carried
4 -0 with Director Sherrick abstaining.
Mr. Morris presented a request for refund of trash assessment
fees from Joan Gianatasio, 162 Quiet Bay Lane, Costa Mesa, CA
92627, A. P. 937 - 940 -65, of $140.16. Staff is recommending
full refund as Ms. Gianatasio is using private service.
Director Ferryman made a motion, seconded by Director Reade,
to approve the requested refund of $140.16. Motion carried
5 -0.
Director Wahner asked the Board if Mr. Jan Pedersen's requests
could be handled with one motion. Director Sherrick commented
that he would be voting "no" on all items dealing with Mr.
Pedersen's requests.
Mr. Morris presented the following requests for refunds from
Jan Pedersen of 1996 Maple, #9, Costa Mesa, CA 92627:
A.
P.
422 - 092 -18
$ 840.96
A.
P.
422 - 092 -19
840.96
A.
P.
422 - 092 -20
840.96
A.
P.
422 - 092 -21
840.96
A.
P.
422 - 092 -22
840.96
A.
P.
422 - 092 -23
840.96
A.
P.
422 - 092 -24
840.96
Staff is recommending approval of requests for refund on the
above -named parcels for 1991 -1992 as owner is using a private
trash service. Director Ferryman made a motion, seconded by
Director Reade, that the requests of trash assessment fees for
the above -named parcels, in the amount of $840.96 each be
approved. Motion carried 4 -0 - Director Sherrick voting no.
Mr. Morris presented a request for refund of trash assessment
fees from Max Baskin, 6161 Norbrook Drive, Huntington Beach,
CA 92648, A. P. No. 425- 402 -12, of $305.69. Since owner was
billed for 3 units instead of one unit, staff is recommended
full refund. Director Ferryman made a motion, seconded by 40
Costa Mesa Sanitary District Minutes -- November 14, 1991 - -Page 5
• Director Reade, to approve the requested PP q refund of $305.69.
Motion carried 5 -0.
Source Reduction and Recycling Element Committee - CA Integrated
Waste Management Plan:
Mr. Morris reported that the Costa Mesa Sanitary District held
a study session on November 12, 1991, with the City Manager,
Allan Roeder and City Council Members to discuss the possible
creation of a Joint Powers Authority. The meeting was
attended by Directors Wahner, Ferryman, Reade and Sherrick and
Manager, William Morris. Mr. Wahner replied that he felt it
was necessary to schedule a study session to fully discuss the
direction the entire Board wishes to take and to seek outside
advice from a consultant and other people with expertise if
deemed needed. Director Sherrick stated that he felt a closed
session should be held with the directors and Attorney June.
Ms. Reichle was asked to contact the directors to establish a
date during the first week in December that is convenient for
all including Attorney June.
TREASURER'S REPORT:
Ms. Temple presented the financial report for October 1991.
After discussion and review, Director Ferryman made a motion,
• seconded by Director Green, and unanimously carried, that the
Financial Report for October 1991, be approved.
ENGINEER'S REPORT:
PROJECT STATUS REPORT:
MESA /BIRCH SEWER REALIGNMENT:
Mr. Hamers presented proposal to begin design phase of
Mesa /Birch Sewer Realignment for an amount not to exceed
$12,500. This project is part of the Orange County
Development Agency's redevelopment of the Santa Ana Heights
area. OCDA has requested that the Sanitary District prepare
the new sewer plans for inclusion in the construction contract
for the new street work. The OCDA will reimburse the Sanitary
District from the unappropriated fund balance to the
appropriated fund balance for all design costs and will fund
the construction costs as part of the redevelopment.
Director Sherrick made a motion, seconded by Director Reade,
to approve a budget adjustment in the amount of $12,500.
Motion carried 5 -0.
Director Sherrick made a motion, seconded by Director Reade,
to approve the request for the payment of an amount not to
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Costa Mesa Sanitary District Minutes -- November 14, 1991 - -Page 6
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exceed $12,500 for the design phase of the Mesa /Birch Sewer
Realignment. Motion carried 5 -0.
Review of sewer plans — No report.
ATTORNEY'S REPORT:
SOUTH COAST PLAZA PUMPING STATION — Attorney June submitted a
written report on the status and history of the South Coast
Plaza Pumping Station. Attorney June stated that because of
the District's involvement in setting the requirements to
bring the pump station up to District standards, its
preparation of the right —of —way easement, its acceptance by
two agreements acknowledging Plaza's compliance with District
requirements, its expertise in liquid waste disposal equated
with the lack thereof attributable to Plaza, it appears that
a claim against the Plaza would not be successful. He
therefore recommended that no action be taken by the Board to
collect fees from South Coast Plaza.
POTLATCH/ S IMP SON REPORT — Attorney June reported that the
District has signed the Agreement with the Sanitation
Districts that are defending us. We now have to furnish
a list of our insurance carriers.
CONTRACT WITH C. R. TRANSFER — Director Sherrick alluded to an •
October 15, 1991 letter written to Costa Mesa Disposal and
asked Attorney June if a reply had been received to that
letter. Attorney June said at the present time we have no say
about where the residue goes after it leaves C. R. Transfer.
Director Sherrick felt that the District should proceed at
once to amend the contract to add that all waste collected in
Costa Mesa be sent to a County landfill. Mr. Morris stated a
new committee of 10 Orange County City Managers and County
officials has been formed to study the landfill situation and
that the CA League of Cities is recommending that no action be
taken from the Orange County Cities until the committee makes
a recommendation. Director Sherrick moved that the District
proceed with negotiations on the contract with C. R. Transfer.
Motion died for lack of a second.
STATUS REPORT — received and filed:
DISTRICT NEWSLETTER — The Mesa Consolidated Water District has
requested that the Sanitary District submit a formal letter
requesting the inclusion of a notice concerning exemptions in
their billing. This letter was prepared and mailed to the
Water District. The Water District also suggested that an
insert be included rather than an article in their newsletter.
Consideration of a District Newsletter was held until Water
District mailing of the Notice of Trash Exemption had run its
course. The 90 day cycle was completed and, as a result, 20 •
Costa Mesa Sanitary District Minutes -- November 14, 1991- -Page 7
• new exemptions were filed, bringing the total
g g number of new
exemptions to 4,029 since August 1990. It was further
suggested that the District wait until a decision has been
reached on the Joint Powers Agreement.
3RD ANNUAL TELEPHONE BOOR RECYCLING PROGRAM UPDATE:
A written report concerning the progress of the 3rd annual
telephone book recycling program was submitted to the Board.
Both the Daily Pilot and the Orange County Register have
published articles. Both local newspapers and Channel 3 have
been giving excellent coverage of the program. The location
of the drop off bins were listed as the City Hall, Costa Mesa
Disposal, 2051 Placentia Avenue; Lions Park on the Anaheim
Street side; Lindbergh School, Orange Avenue north of 22nd
Street; 3100 block Airway Avenue, south of Baker Street;
Shiffer Park, 3143 Bear Street; Sunflower Avenue, between
Harbor Boulevard and Fairview Road; Orange Coast College
Recycling Center, Adams Avenue between Fairview Road and
Pinecreek Drive.
C. R. TRANSFER - ANNUAL CONSUMER PRICE INDEX (CPI) INCREASE IN
RECYCLING CONTRACT:
According to the District contract
• the annual contract increase is du
based on the CPI increase for
recommendations are that the Board
contract with C. R. Transfer, Inc.
ending September 1991; and approi
September CPI figure for considerz
C. R. Transfer contract. After di
Director Reade, seconded by Direc
increase in the recycling contract
percent. Motion carried 5 -0
C.
with C. R. Transfer, Inc.,
November 1, 1991, and is
the prior year. The
approve the CPI increase to
based on the annual figure
e usage each year of the
tion of increases for the
scussion, it was moved by
:or Green, to approve the
with C. R. Transfer by 3.6
It was moved by Director Reade, seconded by Director Green,
and carried, to use the CPI figure as of September each year
in adjusting the contract.
HOUSEHOLD TOXIC WASTE DISPOSAL PROGRAM:
Mr. Morris stated that staff has contacted County Integrated
Waste Management Department to see about a guided tour of the
Huntington Beach Facility for District Board and staff. Ms.
Reichle will be making arrangements for this tour.
DISTRICT NAME CHANGE:
Mr. Morris informed the Board that staff is beginning to make
preparations for a possible name change of the District by
Costa Mesa Sanitary District Minutes -- November 14, 1991 - -Page 8
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reducing its stock of printed material. He urged the Board to
start considering names that might be appropriate.
STATEMENT OF POLICY ON BOARD DIRECTIONS TO STAFF:
Mr. Morris presented a report outlining guidelines for staff
to follow when receiving direction from the Board or a single
Board member. He also presented a policy statement and said
that if the Board agreed with the report the policy could be
adopted. Director Sherrick opposed the policy because he felt
it was unnecessary. Director Reade commented that he felt the
policy did establish proper guidelines to staff and should be
adopted. It was moved by Director Reade, seconded by Director
Green, that the proposed Statement of Policy be adopted.
Motion carried 4 -1 with Director Sherrick voting no.
ORDINANCE NO. 13 AND POLICY STATEMENT:
Copies of Ordinance No. 13 and Policy Statement dated
February 8, 1979, regarding the appointment of District
officers and representatives to Orange County Sanitation
Districts was submitted to the Board pursuant to the request
of Director Sherrick at the October 10, 1991 meeting. He
expressed that he was surprised that we have only one
representative to the Orange County Sanitation District. He •
further stated that in his opinion an annual budget of
$32,000,000 warrants more than one representative to that
Sanitation District. Director Wahner reminded Director
Sherrick that he has access to any information that comes
before the Sanitation Districts.
NEW BUSINESS:
REQUEST FOR MEETING REIMBURSEMENT:
The requests were for reimbursement of $100 per meeting for
Director Wahner who attended ORANGE COUNTY ENVIRONMENT — A
REGIONAL PERSPECTIVE on October 25; and $100 for Director
Reade who attended the regular meeting of INDEPENDENT SPECIAL
DISTRICTS of ORANGE COUNTY on October 30, 1991. It was moved
by Director Ferryman, seconded by Director Green, that
Directors Wahner and Reade be reimbursed in the amount of
$100.00 for the above - mentioned meetings. Motion carried 3 -0
with Directors Wahner and Reade abstaining
KRAGEN AUTO PARTS — Kragen Auto Parts and Valvoline
Incorporated have introduced a statewide reclamation program
for the collection and reprocessing of used motor oil. Staff
is recommending that the Board adopt a Resolution commending
Kragen Auto Parts and Valvoline Incorporated. It was moved by
Director Reade, seconded by Director Ferryman, and carried
that staff prepare a resolution to be adopted at the next meeting. is
Costa Mesa Sanitary District Minutes -- November 14, 1991--Page 9
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1992 CALIFORNIA SPECIAL DISTRICTS - MEMBERSHIP RENEWAL:
Mr. Morris submitted a request for the Costa Mesa Sanitary
District to renew its - membership in the California Special
Districts Association (CSDA) in the amount of $1,238.00. He
also informed the Board that renewal of this membership would
allow the Costa Mesa Sanitary District to continue
participation in the available insurance program at a
significant savings. It was moved by Director Ferryman,
seconded by Director Reade, that the renewal of the Costa Mesa
Sanitary District in the California Special Districts
Association in the amount of $1,238.00 be approved. Motion
carried 5 -0.
WARRANT REPORT 92 -05:
4kP-g-V
Director Reade made a motion, seconded by Director,�,�de;
authorizing the President and Secretary to sign Report No. iz-i,.gf
92 -05, instructing the City of Costa Mesa to draw a warrant
from the Costa Mesa Sanitary District General Fund in the
amount of $365,942.47; $1,470.00 from the Facilities Revolving
Fund; total amount of $367,412.47. Motion carried 5 -0.
ORAL COMMUNICATIONS:
® Ms. Reichle thanked the trash haulers, Messrs. Ray Rangel and
Raul Rangel for their cooperation in the telephone book
recycling program. Besides placing the bins out at no cost to
the District, they are also putting special bins out for the
Fairview Developmental Center and for the Automobile Club
Corporate office, companies that have a large number of
employees.
Director Ferryman reminded those present that all of the Board
members and staff are here to serve the public in the most
constructive way possible.
ADJOURNMENT:
Upon motion by Director Reade, seconded by Director Green,
and carr%dd,55-0, the meeting adjourne .25 .m.
resident Secretary