Minutes - Board - 1996-05-09•
COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held May 9, 1996
Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in regular session on May 9, 1996, at 6:00 p.m., in
Conference room 1 -A at the Civic Center, 77 Fair Drive,
Costa Mesa.
Director Ferryman called the meeting to order at 6:00 p.m.
Director Schafer led the Pledge of Allegiance.
Director Reade gave the Invocation.
Roll Call: Directors Present: James Ferryman, Arthur Perry, Nate Reade, Arlene Schafer,
Dan Worthington.
Staff Present: Robin Hamers, Manager/Engineer; Alan Burns, General
Counsel; Dawn Guastella, Permit Specialist; Joan Revak,
Administrative Secretary; Susan Temple, Treasurer; Reba
Coulter, Finance.
• Others Present: Mr. Jerome M. Bame, 10055 Slater Ave, Suite 250,
Fountain Valley, 92708, Counsel for Mr. Charles Chen;
Ms. Cathy Waters, 1925 -A Wallace Avenue; Ms. Virginia
Durkee, 1512 Dolphin Terrace, Corona Del Mar, CA
92625
CONSENT CALENDAR The following item was removed from the Consent
Calendar: Refund Requests for trash and /or sewer service
for Bower, Chang, Chen, Doyle and Perino.
MOTION /Approved On motion by Director Perry, seconded by Director Reade,
Except Refund Requests and carried 5 -0, the remaining Consent Calendar items
were approved as recommended.
MINUTES
Approved Minutes of The minutes for the regular meeting of April 17, 1996, were
Regular Meeting, approved as distributed.
April 17, 1996
40
•
n
U
•
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996
REPORTS
MANAGER'S REPORTS
Page 2
Approved Occupancy Report The Trash Occupancy Count reflected a decrease of 6 units
and payment of in the occupancy report for solid waste collection as of
$158,417.82 to Costa Mesa May 1, 1996. Therefore, the total for May is 21,903.
Disposal for trash collection Board directed Staff to prepare a warrant for $158,417.82
services for May 1996 to Costa Mesa Disposal on June 1, 1996, for payment for
May trash collection based on the May count of 21,903.
SEWER OCCURRENCE —
ROBERT FINNEGAN
Approved payment of $360 An additional invoice in the amount of $360 was discovered
to Robert Finnegan for in the reimbursement package for a sewer occurrence at 135
additional invoice Magnolia owned by Mr. and Mrs. Robert Finnegan. The
release form has been held up until the reimbursement can
be made in full. The Board previously approved payment
of $584. SDRMA will send a check for the total amount
of $944.
RECYCLING REPORTS
Waste Diversion Report
April 1996 was received and
filed
Approved Contract Payment
to CR Transfer for
$113,466.82
TREASURER'S
REPORTS
Financial Report as of
April 30, 1996, was received
and filed
Report of Monies on
Deposit as of April 30,
1996, was received and filed
The Waste Diversion Report for April 1996 showing a
31.02% diversion rate was received and filed.
The Board approved contract payment to CR Transfer for
recycling services and disposal for the month of April 1996
in the amount of $113,466.82.
The Financial Report as of April 30, 1996, was accepted as
submitted.
The Report of Monies on Deposit as of April 30, 1996, was
accepted as submitted.
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996 Page 3
0
Approved Warrant 96 -11 Warrant Resolution #CMSD 96 -11 was approved,
for April 1996, in the authorizing the President and Secretary to sign the warrant
amount of $494,891.41 and instructing the Finance Department to draw a warrant
from the Costa Mesa Sanitary District General Fund in the
amount of $494,891.41.
ENGINEER'S REPORTS
Project Status Report was The Project Status Report for May 1, 1996, was accepted as
received and filed submitted.
Project No. 139 - Congress
Pumping Station
Abandonment
Accepted Improvements and The Board accepted improvements as completed on
Authorized signatures Congress Pump Station Abandonment, Project 1112100 -139
and authorized signatures on the Notice of Completion.
• Authorized Payment of The Board authorized payment of 5% retention 35 days
Retention and Exonerate after Notice of Completion is recorded, exoneration of
Bonds Labor & Material Bond after Notice of Completion is
recorded and exoneration of Faithful Performance Bond one
year after Notice of Completion is recorded.
REFUND REQUESTS
Director Perry recommended applicants for refunds submit support documentation to verify they
were using private trash service.
Mr. Burns advocated applicants sign a declaration under penalty of perjury.
President Ferryman instructed Staff to institute a policy requiring support documentation for
refunds and signature of a declaration under penalty of perjury.
Director Perry motioned to approve the following refund requests pending verification of
eligibility and signature of declaration under penalty of perjury. Director Schafer seconded.
Motion passed unanimously.
Approved refund of $1,364.04 Mr. Joseph Bower submitted a trash refund request dated
to Mr. Joseph Bower April 17, 1996, for property located at 3002 Fillmore, a
is three -unit parcel, Assessor's Parcel No. 141 - 134 -54,
requesting refund of $1,364.04 for fiscal years 1993 -94 to
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996 Page 4
•
1995 -96. Mr. Bower was using private trash services and
no exemption was on file.
Approved refund of $1,364.04 Mr. Joseph Bower submitted a trash refund request dated
to Mr. Joseph Bower March 29, 1996, for property located at 1303 Baker Street,
a three —unit parcel, Assessor's Parcel No. 141 - 191 -25,
requesting refund of $1,364.04 for fiscal years 1993 -94 to
1995 -96. Mr. Bower was using private trash services and
no exemption was on file.
Approved refund of $3,795.61 Mr. Chung Yi Chang submitted a trash refund request dated
to Mr. Chung Yi Chang in April 5, 1996, for property located at 382 Victoria Street,
accordance with the statute of a thirteen —unit parcel, Assessor's Parcel No. 419 - 042 -07,
limitations requesting refund of $8,837.80 for fiscal years 1990 -91 to
1994 -95. 1995 -96 cancellation was sent to the County
11- 21 -95. Mr. Chang was using private trash services and
no exemption was on file.
Approved refund of $2,043.79 Mr. Charles Chen resubmitted a trash refund request for
• to Mr. Charles Chen property located at 2635 Santa Ana, a seven —unit parcel,
Assessor's Parcel No. 439 - 201 -30, requesting refund of
$2,043.79 for fiscal years 1993 -94 to 1995 -96. Mr. Chen
was using private trash services and no exemption was on
file.
Approved refund of $1,751.82 Mr. Charles Chen resubmitted a trash refund request for
to Mr. Charles Chen property located at 2641 Santa Ana, a six —unit parcel,
Assessor's Parcel No. 439 - 201 -31, requesting refund of
$1,751.82 for fiscal years 1993 -94 to 1995 -96. Mr. Chen
was using private trash services and no exemption was on
file.
Approved refund of $2,043.79 Mr. Charles Chen resubmitted a trash refund request for
to Mr. Charles Chen property located at 2645 Santa Ana, a seven —unit parcel,
Assessor's Parcel No. 439 - 201 -32, requesting refund of
$2.043.79 for fiscal years 1993 -94 to 1995 -96. Mr. Chen
was using private trash services and no exemption was on
file.
Approved refund of $1,751.82 Mr. James Doyle submitted a trash refund request for
to Mr. James Doyle property located at 2151 Canyon, a six —unit parcel,
• Assessor's Parcel No. 422 - 041 -47, requesting refund of
$1,751.82 for fiscal years 1993 -94 to 1994 -95. 1.995 -96
U
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996 Page 5
Approved refund of $1,167.88
to Mr. Louis Perino in
accordance with the statute of
limitations
WRITTEN COMMUNICATIONS
was approved for refund on 4- 17 -96. Mr. Doyle was using
private trash services and no exemption was on file.
Mr. Louis Perino submitted a trash refund request for
property located at 263 E 16th Place, a four -unit parcel,
Assessor's Parcel No. 425 - 221 -03, requesting refund of
$1,737.44 for fiscal years 1992 -93 to 1994 -95. 1995 -96
cancellation was sent to the County on 12 -6 -96.
Mr. Perino was using private trash services and no
exemption was on file.
Mr. Hamers introduced a letter from Mrs. MayBelle Green thanking the Board for the silk
rosebush sent in memory of Mr. Harry Green, former Director of the Costa Mesa Sanitary
District.
Mr. Hamers further introduced a letter from the Special District Board Management
Institute advising a workshop will be held June 20, 1996, to June 21, 1996 in Palm
Springs.
MANAGER'S REPORTS
SOURCE REDUCTION AND RECYCLING ELEMENT - AB939
STATUS OF CITY'S WASTE PROGRAM
Reduction in Anti - Scavenging Enforcement Hours
Mr. Hamers reported receipt of an interoffice memorandum dated May 2, 1996, from
Mr. William J. Morris, Director of Public Services, City of Costa Mesa, reflecting the
March 1996 statistics, including statistics for scavenging enforcement. There were 5
citations out of 15 calls for service.
Ms. Guastella reported there has been a reduction in complaint telephone calls from the
public regarding scavengers.
SRRE EDUCATIONAL PROGRAM
Household Hazardous Waste Grant
Mr. Hamers advised Americlean has been awarded the contract to administer the
household hazardous waste program funded by the regional grant received by the City of
Costa Mesa and the Costa Mesa Sanitary District.
j�.
•
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996
ENGINEER'S REPORTS
Mr. Hamers advised there was nothing to report.
TREASURER'S REPORTS
Orange County Bankruptcy
Update
Page 6
Ms. Temple advised the Board of a stipulation required by the County of Orange to
facilitate filing claims.
Director Reade motioned to authorize Mr. Burns, General Counsel, to review and sign the
stipulation on behalf of the Costa Mesa Sanitary District. Director Perry seconded.
Motion approved unanimously.
1996 -1997 Budget Study Session
• Ms. Temple requested a study session be scheduled to review the 1996 -97 budget.
Wednesday, June 5, 1996, at 12:00 noon was designated for the study session.
LOCAL MEETINGS
Local Agency Formation Commission ( LAFCO)
Voting Authority
The Board confirmed the voting authority of Director Schafer.
Advisory Committee
Mr. Hamers informed the Board of the formation of an advisory committee designed to
work with LAFCO on reorganizations and consolidations.
Director Reade motioned to nominate Director Schafer to the Advisory Committee.
Director Perry seconded. Motion carried unanimously.
Independent Special Districts of Orange County ( ISDOC)
Status Report
• Mr. Hamers deferred discussion on ISDOC to Old Business, Assembly Bill 2109.
C7
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996
Orange County Sanitation Districts (OCSD)
Regular Meeting
Page 7
President Ferryman was unable to attend the regular meeting, but attended the committee
meeting.
President Ferryman participated in a tour of Seven Oaks Dam in San Bernardino County,
and offered to arrange a tour for any Directors interested in viewing the dam.
President Ferryman will investigate the possibility of obtaining a video of the dam to
show the Board and Staff..
President Ferryman reported construction on the natural gas facility will commence in
June or July.
President Ferryman reported the initialization of a study to determine the actual costs for
connection fees for businesses discharging excessive amounts of effluent.
is City of Costa Mesa Council Meeting Report
April 15, 1996
Director Schafer attended the April 15, 1996, Council meeting and provided the agenda
and information packet for the Board's review.
Director Schafer advised the Board on the upcoming work to be done on Fairview Road.
Director Schafer additionally advised of a pilot program Southern California Edison will
be putting into effect to extend accounts to 60 days in an effort to better serve consumers.
May 6, 1996
Director Reade attended the Council meeting of May 6, 1996, and advised the Board the
City approved the Americlean contract for Household Hazardous Waste, approved
participation in the Lions Club fish fry, and discussed the purchase of school district
property.
Chamber of Commerce Legislative Committee Report
Director Schafer will attend the next meeting.
rt,
•
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996
OLD BUSINESS
Creative Management Solutions — Financial Study
City /District Contract
Mr. Hamers had nothing to report.
Chamber of Commerce Summit Committee
Meeting of April 18, 1996
Director Schafer described the preview of the Disaster Preparedness video.
Disaster Preparedness Video Update
Page 8
Director Schafer advised a copy of the video is available from Mr. Dane Bora. Director
Schafer informed the Board the video is appearing on the City channel and available to
the public for meetings or organizations. District office has a copy to loan. The new
edition of the brochure has not yet entered production.
• Assembly Bill 2109
Mr. Hamers briefly reviewed the special meeting of May 1, 1996, to discuss Assembly
Bill 2109, Regionalizing Sewer and Water Agencies of Orange County, and its effect on
the District.
Mr. Hamers provided a memo dated May 2, 1996, to demonstrate the timing of the bill.
Mr. Hamers contacted Mr. Ralph Heim and was advised by Mr. Heim to attempt to meet
with Assemblyman Pringle regarding the bill.
Mr. Heim further recommended to Mr. Hamers the Board devise alternatives to present
to Assemblyman Pringle.
Mr. Heim advised his office is working with California Special Districts Association
(CSDA), Association of California Water Agencies (ACWA) and California Association
of Sanitation Agencies (CASA), gathering information to present to Assemblyman Pringle.
Mr. Heim and his office staff are meeting with committee members individually to
discuss the issues of Assembly Bill 2109.
• Mr. Heim suggested having two representatives meet with him every two weeks to
disseminate information obtained regarding Assembly Bill 2109.
•
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 9, 1996
Page 9
Mr. Hamers spoke with South County Issues Discussion Group co— chairman,
Stan Kennedy, who is meeting with Assemblyman Pringle to review the preliminary
findings of the 18 districts.
Mr. Hamers distributed information received from ISDOC entitled, "Water Agency
Concerns with AB 2109. "
Director Schafer advised the South County Issues Discussion Group would be meeting
on May 30, 1996, with ISDOC in a general meeting. Director Schafer informed the
Board of a discussion she had with Mr. Bob Huntley regarding AB 2109.
Director Reade relayed his attempt to contact Ms. Joan Finnegan regarding the Costa
Mesa Sanitary District receiving minutes of the ISDOC meetings.
Director Reade motioned to construct a committee containing President Ferryman,
Director Worthington, Mr. Hamers, and Ms. Reichle to investigate AB 2109. Director
Schafer seconded. Motion to form a committee to investigate AB 2109 was approved
unanimously. Staff will contact the two Directors to set up a meeting.
• NEW BUSINESS
Trash Container Storage
Enlisting City Support in Removing Containers from Public View
Mr. Hamers presented a proposed letter to Mr. Joe Erickson, Mayor, City of Costa Mesa,
from President Ferryman on behalf of the Costa Mesa Sanitary District requesting
attendance at a City Council study session to present photographs and discuss the
formation of an ordinance requiring the removal of trash containers from view.
Director Reade motioned to approve the proposed letter to Mayor Erickson. Director
Schafer seconded. Motion to send the letter regarding screening of trash containers
approved unanimously.
PUBLIC COMMENTS
Ms. Virginia Durkee, representing the Wallace Avenue Improvement Group, spoke to the
Board regarding the group's concern over the trash containers remaining visible on the
street as well as large items, sofas and mattresses, left on the street for weeks.
President Ferryman suggested Ms. Durkee's group advise single— family residents of the
. large item collection program. Flyers will be distributed sometime after June 10, 1996,
and collection will begin June 24, 1996.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 9, 1996 Page 10
•
Ms. Guastella will meet Ms. Durkee to further review Ms. Durkee's concerns and
determine if the Sanitary District can address the problem or if the City has jurisdiction.
Director's Expenses Related to Photographing Two Areas of City
Director Reade motioned to ratify attendance at a meeting with Costa Mesa Disposal and
the expenses for Director Worthington's photographic supplies related to documentation
of trash container storage. Director Schafer seconded. `Motion carried 5 -0.
Public Hearing Attendance in Sacramento on Assembly Bill 2109 Pringle
Director Reade motioned to ratify attendance and expenses in the amount of $539.35 for
Director Worthington for his attendance as representative of the Costa Mesa Sanitary
District at the public hearing in Sacramento on Assembly Bill 2109 (Pringle) on April 24,
1996. Director Schafer seconded. Motion approved 4 -0. Director Worthington
abstained.
Director Perry motioned for Staff to revise the existing policy to grant authority, in an
• emergency situation, for Directors to attend a meeting outside Orange County without
prior approval and be reimbursed subject to ratification by the Board. Director Reade
seconded. Motion approved unanimously.
Resolution No. 96 -585, Commendation - Alan Burns
Director Reade motioned to adopt Resolution No. 96 -585, A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF
ORANGE COUNTY, CALIFORNIA, COMMENDING ALAN BURNS FOR HIS
OUTSTANDING ABILITY AND HIGH ETHICAL STANDARDS WHICH RESULTED
IN THE MARTINDALE- HUBBELL DIRECTORY BESTOWING ALAN BURNS THE
HIGHEST RATING AVAILABLE TO AN ATTORNEY. Director Schafer seconded.
Motion approved unanimously.
President Ferryman congratulated Mr. Burns on behalf of the Board and Staff.
ORAL COMMUNICATIONS
Director Reade advised Mr. Mario Durante, Director of the Mesa Consolidated Water
District, is retiring after 35 years of service. A parry will be held in his honor on May 31,
1996, at the Costa Mesa Golf and Country Club.
• Director Reade motioned the emergency need arose after the agenda was prepared to draft
a resolution for presentation to Mr. Mario Durante on May 31, 1996. Director Perry
seconded. Motion carried 5 -0.
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held May 9, 1996
LJ
Page 11
Director Reade motioned to prepare a resolution for Mr. Mario Durante, assign a number,
and authorize the President's and secretary's signatures on the resolution. Director Perry
seconded. Motion carried 5 -0.
Mr. Hamers advised that Mr. Bower, refund applicant, commended Ms. Guastella for her
helpful assistance in processing his refund.
ADJOURNMENT
At 7:25 p.m. President Ferryman adjourned the meeting.
Secretary
•
n
U
President