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Minutes - Board - 1992-08-20 (2)LJ • MINUTES 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. bisector 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. 0 • 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 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: 25.90% 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 10% 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. 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 Director 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 Wahner adjourned the meeting at 8:40 p.m. PRESIDENT ASSISTANT SECRETARY • •