Minutes - Board - 1992-08-20MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS
REGULAR MEETING HELD AUGUST 20, 1992
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
August 20, 1992, 7 :30 p.m., at the Civic
Center, 77 Fair Drive, Costa Mesa.
Directors Present: James Wahner, Nate Reade,
James Ferryman, Dick
Sherrick
Directors Absent: Harry Green (excused)
Staff Present: Roy June, Attorney,
Robin Hamers, Manager/
Engineer, Susan Temple,
Treasurer, Florine Reichle,
Assistant Manager /Clerk of
the District, Donna
Theriault, Accountant
Dawn Schmeisser, Permit
Specialist
Guest: Trudi Ohlig, 3080 Johnson
Street, Costa Mesa
Director Wahner called the meeting to order at 7:30 p.m.
Director Ferryman led the Pledge of Allegiance.
Director Reade gave the Invocation.
Director Wahner welcomed guests, Trudi Ohlig and Dawn Schmeisser,
Permit Clerk, Sanitation Division.
Director Wahner proposed to adopt the Revised Agenda that was
passed out for the sake of time and continue the remaining parts of
the agenda to the adjourned meeting to be held on August 27, 1992,
at 12- noon. It was moved by Director Ferryman, seconded by Director
Reade. Motion carried 4 - 0.
MINUTES OF JULY 9, 1992, JULY 27, 1992 AND AUGUST 13, 1992:
Mr. Hamers called the attention to a correction on page #2 of
the minutes of July 9, 1992 under the Occupancy Report. It
should read six (6) units as of July 1, instead of 4 units.
It was moved by Director Ferryman, seconded by Director Reade,
and carried that the minutes of July 9, 1992, be approved as
corrected. Motion carried 4 -0.
Motion was made by Director Reade, seconded by Director
Ferryman to approve the minutes of the Special Meeting on
July 27, 1992.
Director Wahner moved to questions or additions to the minutes
• of July 27, 1992. It was moved by Director Reade, seconded by
Director Ferryman and carried, that the minutes of July 27,
1992 be approved. Motion carried 4 -0.
Minutes of the Costa Mesa Sanitary District
Regular Meeting on August 20, 1992 -- Page 2
Due to a lack of quorum, Ms. Reichle adjourned the meeting of
August 13, 1992, to August 20, 1992. Director Reade made a
motion, seconded by Director Ferryman, to approve the minutes
of August 13, 1992. Motion carried 4 -0.
STUDY SESSION OF JULY 16, 1992:
Mr. Hamers requested the Report of the Study Session be noted
in the Minutes that all the members of the Board were present
with the exception of Director Green who was excused.
WRITTEN COMMUNICATIONS:
Mr. Hamers submitted and passed for review a note of
appreciation from Jane Angel thanking the directors and staff
for the gift and card.
Also, a letter dated August 18, 1992, from Southern California
Edison on the agreement regarding the sewer line break on
January 31, 1992. A check was enclosed in the amount of
$1,927.89.
Mr. Hamers submitted a copy of a third letter to William Baker
and other Assembly members opposing the redirecting of the •
Special District Property Tax Revenues to the school
districts.
Mr. Hamers submitted a copy of a letter from the Waste
Management Commission dated July 16, 1992 stating that it is
considering the discontinuation of the Municipal Clean —Up Day
Disposal Fee Exemption Program effective July 1, 1993_
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 and filed with the Clerk
of the District.
Ms. Reichle stated the Notice of Public Hearing was published
on August 11 and 18, 1992, as required by law, and the
affidavit of publications 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 closed the
hearing and then asked for a motion to approve the report and •
adopt the trash assessment rate.
• Minutes of the Costa Mesa Sanitary District
Regular Meeting on August 20, 1992 -- Page 3
Trash Collection Rates Established:
Director Reade made a motion, seconded by Director Ferryman to
adopt Trash Assessment Rate of $142.39. Motion carried 3 -1,
Director Sherrick voting no.
Director Reade made a motion, seconded by Director Ferryman,
to adopt Resolution No. 92 -518, 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, be adopted. Motion
carried 3 -1, Director Sherrick voting no.
Director Sherrick asked that it be noted he objected to an
item in the Sanitation Division budget of $4,000 in the meals
account. It was explained that this was an error, the correct
amount should have been $2,000 and no more than that amount
would be used. A correction to the budget in this amount would
be so slight it would not have any impact on the assessment
rates. He also objected to the salary of $4,665 proposed for
the Intern in the Sanitation Division for 485 hours of work.
• PUBLIC HEARING:
Liquid Waste Disposal Assessment:
Director Wahner opened the public hearing stating that this is
the time and place fixed pursuant to the notice given for the
purpose of hearing protests and objections, 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 had been
published on August 11 and 18, 1992. She stated no written nor
oral protests had been received.
Director Wahner asked if any person present wished to be
heard. After receiving no comments, Director Wahner closed the
public hearing and asked for a motion to approve the report
and adopt the liquid assessment rates.
1992 -93 Rates Established:
Ms. Temple presented three options in the rate schedules for
the 1992--93 Liquid Waste Disposal Rates. Option I bases the
rate on the 1992 -93 budget as adopted. Option II bases the
rate on the budget less a reduction in a capital improvement
project. Option III bases the rate on both a reduction in a
capital improvement project and deletion of one position in
• the Sanitation crew.
Minutes of the Costa Mesa Sanitary District
Regular Meeting on August 20, 1992 -- Page 4 is
Director Ferryman made a motion, seconded by Director Reade,
to approve the report and adopt the rates as shown in Option
III in the total amount of $1,486,872, and establishing the
rates as follows:
Single Family $23.02 /Dwelling
Multi /Mobile Homes $17.72 /Dwelling
Commercial $13.39/1000 square feet
Industrial $39.44/1000 square feet
Other $11.87/1000 square feet
Motion carried 3 -1, Director Sherrick voting no.
Director Ferryman made a motion, seconded by Director Reade,
that Resolution No. 92 -519, 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, be adopted. Motion carried
3 -1, Director Sherrick voting no.
MANAGER'S REPORT:
Occupancy Report: •
Mr. Hamers informed the Board of Directors that the format has
been revised so that it will provide the current total number
of occupancies and a staff recommendation to have the Board
direct staff to pay Costa Mesa Disposal on the first of the
following month with ratification of the payment at the next
regularly scheduled meeting. Mr. Hamers reported that there
has been an increase in solid waste collection by 26 units as
of August 1, 1992, bringing the total to 22,811.
Motion was made by Director Reade, and seconded by Director
Ferryman, to accept the Occupancy Report for August in the
amount of 22,811. Motion carried 4 -0.
A second motion was made by Director Ferryman, and seconded by
Director Reade, to direct staff to prepare a warrant to Costa
Mesa Disposal on September 1, 1992, for payment for August
trash collection based on this occupancy report so long as
contractor fulfills obligations of agreement. Said payment in
the amount of $152,475.57 to be ratified on September warrant
list. Motion carried 3 -1, Director Sherrick voting no.
Refunds:
Vincent Dinh, 244 21st Street, Costa Mesa, CA 92627
Mr. Dinh paid for additional fixtures twice and requests a
refund in the amount of $90.00. Motion was made by Director •
Reade, and seconded by Director Ferryman, to approve the
refund. Motion carried 4 -0.
Minutes of the Costa Mesa Sanitary District
• Regular Meeting on August 20, 1992 -- Page 5
Dan Zaccuri, 1393 Galway Lane, Costa Mesa, CA 92626
Mr. Zaccuri is remodeling an existing home and was charged for
fixture fees, however, the sewer permit is usually waived
because there is no inspection required outside of the house
and he is requesting refund in the amount of $156.00. Motion
was made by Director Ferryman, and seconded by Director Reade,
to approve the refund. Motion carried 4 -0.
Source Reduction /Recycling Element /CA Integrated Waste
Management Plan:
Joint Powers Agreement - Mr. Hamers referred to a City Council
Study Session that is scheduled for September 14. The Board
and staff will be attending. The Board has asked the City
Council to put the Joint Powers Agreement (JPA) first on the
agenda since the Board and Staff will be present to answer any
questions that the Council may have regarding the JPA. Mr.
Hamers did not feel that this item warranted further
discussion at this time.
Waste Diversion Report for July 1992:
• Total tonnage: 2,981.95 Percent recycled: 25.900
TREASURER'S REPORT:
Ms. Temple reported the Treasurer's Report for the month of
July does not show a great deal of activity. For the next
several months the Board will see that the financial
statements are unaudited due to the balance sheet numbers that
will be brought forward in September. Ms. Temple had nothing
further to report and was open to questions. Motion was made
by Director Ferryman, and seconded by Director Reade, to
accept the financial report as presented. Motion carried 4 -0.
Trash Contractor Rate Calculation:
Mrs. Temple explained that the rate is adjusted annually by an
amount equal to the percentage change in Consumer Price Index
(CPI) for the twelve month period ending in May of each year.
The new rate becomes effective July 1 each year. The Trash
Rate per occupancy for the period 1991 -92 was $6.4462 and the
Rate Adjustment for 1992 -93 based on May 1992 CPI is .2381
making a total Trash Rate for the 1992 -93 effective July 1,
1992, as $6.6843. She also requested approval to pay the
difference between the old and new rate to the hauler for
August trash collection. On motion by Director Ferryman,
seconded by Director Reade, a new rate of $6.6843 per
occupancy was adopted retroactive to July 1, 1992. Motion
• carried 4 -0.
Minutes of the Costa Mesa Sanitary District
Regular Meeting on August 20, 1992 -- Page 6 •
ENGINEER'S REPORT:
Mr. Hamers reported Project No. 1112100 -121, Televising of
Sewer Lines, was completed on July 30, 1992, by National Plant
Services, Inc. Change Order No. 6 is necessitated by the
cleaning time performed by the contractor. He further
explained that the lines with heavy flows need to be filmed
during the night when flows are lighter and must be cleaned
immediately before televising. Change Order No. 6 reflects an
increase in the contract by $5,915. On motion by Director
Ferryman, seconded by Director Reade, Change Order No. 6 was
approved in the amount of $5,915. Motion carried 4 -0.
Motion was made by Director Ferryman, seconded by Director
Reade, to accept the project as completed and file a Notice of
Completion on Project No. 1112100 -121. Motion carried 4 -0.
Motion was made by Director Reade, seconded by Director
Ferryman, authorizing payment of the 5% retention 35 days
after the Notice of Completion is recorded; exoneration of the
Labor and Material Bond and Faithful Performance Bond after
recording of the Notice of Completion; and exoneration of the
loo Guarantee Bond one year after recording of Notice of
Completion. Motion carried 4 -0: •
Mr. Hamers reported part of the project included lines within
Annexation Nos. 13, 15 and 17. Excess money collected as part
of the repayment of the original bonds for sewer construction
in this area remains in a special account to be used only for
sewer work performed in this area. The exact amount paid to
the contractor for work in this area is $2,297.74. He
recommended authorization of transfer of funds from the Sewer
Construction Fund to the General Fund Capital Replacement
Reserve. Director Reade made a motion, seconded by Director
Ferryman, to authorize transfer of $2,297.74 as requested.
Motion carried 4 -0.
ATTORNEY'S REPORT:
At the regular meeting of June 11, 1992, Mr. Jeffrey Wysard
made a request for refund of trash assessment fees on two
parcels. He was refunded on both parcels for the year 1991 -92
only, in the amount of $560.64 each, a total of $1,121.28.
Mr. Wysard has filed a claim for $1,755.35. Mr. June,
requested that the Board appoint Mr. Hamers to represent the
District in this small claims action which is scheduled for
August 26.
Director Ferryman
made a motion, seconded
by Director Reade,
that Mr. Hamers
be named as the
official District
representative to
the Small Claims Court.
Motion carried 4 -0.
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Minutes of the Costa Mesa Sanitary District
Regular Meeting on August 20, 1992 -- Page 7
NEW BUSINESS:
Mr. Hamers reported that at the July 9 meeting, the Board
requested that an outside engineer be hired to review and
report on the 1992 -93 Capital Improvement Program (CIP) . He
further stated he had obtained the services of Mr. Bruce
Mattern of Boyle Engineering Corporation for this project. Mr.
Mattern, a former District manager, is familiar with the CIP
and has the expertise to make relevant comments. He asked for
approval to pay Boyle Engineering in the amount of $513.30 for
services rendered. He said with approval of the Board he would
like this relationship continued. The report will be discussed
at the meeting of August 27.
Motion was made by Director Ferryman, seconded by Director
Reade, to approve payment of $513.30 to Boyle Engineering
Corporation, and to continue to use -Boyle Engineering for
future CIP review and reports. Motion carried 3 -1, Director
Wahner abstaining due to possible conflict of interest.
CA Special Districts - Conference:
Director Wahner asked Director Reade to represent the District
at the conference in San Diego on September 9, 10 and 11. He
• asked if any other directors or staff would also like to
attend. Director Reade said that since Mr. Hamers'was unable
to attend and Ms. Reichle could, that she be given approval to
attend to participate in the various workshops.
Change in CA Special District Bylaws:
Mr. June reported he had checked the proposed revisions and
found them to be housekeeping in nature and so recommended
approval.
On motion by Director Ferryman, seconded by Director Sherrick,
attendance at the conference by Director Reade and Ms. Reichle
was approved; the change in bylaws was approved and Director
Reade was authorized to cast votes at the conference on behalf
of the District. Motion carried 4 -0.
Date of September Regular Meeting Changed to September 17:
It was the consensus of the Board to change the regular
meeting in September to September' 17 because'Diredtor Reade
and Ms. Reichle will be at the conference on September 10, the
regular meeting date.
WARRANT REPORT:
Director Sherrick questioned Item No. 1066 on the warrant
list. Ms. Temple explained that Mr. Hamers and Ms. Reichle
• attended a recent Recycling Conference in Long Beach and upon
arrival found that purchase orders were not being accepted so
Ms. Reichle wrote a personal check for registration. Thus,
Minutes of the Costa Mesa Sanitary District
Regular Meeting on August 20, 1992 -- Page 8
Item No. 1066 was for reimbursement. He also indicated
disapproval of Item No. 1067, payment to Costa Mesa disposal
for the amount of the CPI increase for August. Director
Ferryman made a motion, seconded by Director Reade authorizing
the President and Assistant Secretary to sign Warrant Report
No. 93 -02, instructing the District Treasurer to draw a
warrant from the Costa Mesa Sanitary District General Fund in
the amount of $367,026.50. Motion carried 3 -1, Director
Sherrick voting no.
ORAL COMMUNICATIONS:
Director Wahner thanked all the Directors for attending the
Orange County Sanitation Districts meeting during his absence
while attending a CASA Conference in Monterey. He brought back
information particularly about proposed state and federal
legislation. He felt a letter of opposition should be written
from the District opposing mandatory low flush toilets. In
many cases they cause sewers to back up.
Director Reade issued an invitation to the Directors and staff
to attend an Independent Special District dinner meeting on
September 30, at 6:30 p.m., at the Countryside Inn. It was the
consensus of the Board to pay for Directors' and staff dinners
but not spouses, according to policy.
Director Reade was congratulated on being elected Vice
President of the Independent District Board of Directors of
Orange County for 1992 -93.
Ms. Ohlig asked to address the Board as a resident of Costa
Mesa. Her concerns were heard and she was directed to the
Orange County Sanitation Districts for answers to her
questions. Director Wahner thanked her for attending the
meeting and said that the Board appreciates the good working
relationship it has always maintained with the Mesa
Consolidated Water District Board of Directors of which she is
a director.
ADJOURNMENT:
Director Wahne journed the meeting at 8:40 p.m.
PR SIDENT
ASSISTAN C ETARYJ
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