Minutes - Board - 1995-05-11R=
COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held May 11, 1995
Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in regular session on May 11, 1995, 6:00 p.m., 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; Florine Reichle, Assistant Manager /Clerk of the
District; Dawn Guastella, Permit Specialist; Susan Temple,
Treasurer.
Others Present: Mr. Robert Wynn.
is MINUTE APPROVAL
MINUTES OF REGULAR MEETING - APRIL 13, 1995
Director Schafer moved acceptance of the minutes of the regular meeting, April 13, 1995,
which was adjourned for lack of a quorum to April 20, 1995, by Ms. Reichle, Assistant
Manager /Clerk of the District. Director Perry seconded. No discussion was held. Motion
to approve the minutes as written approved unanimously.
MINUTES OF ADJOURNED REGULAR MEETING - APRIL 20, 1995
Director Perry moved acceptance of the minutes of the adjourned regular meeting,
April 20, 1995. Director Reade seconded. No discussion was held. Motion to approve the
minutes approved unanimously.
MINUTES OF SPECIAL MEETING - APRIL 27, 1995
Director Reade moved acceptance of the minutes of the special meeting, April 27, 1995,
by Independent Special Districts of Orange County regarding consolidation of special
districts, attended by Directors Ferryman, Perry, Reade, Schafer and Worthington. Mr.
Hamers was also in attendance. Director Schafer seconded. No discussion was held.
Motion to approve the minutes approved unanimously.
COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held May 11, 1995
•
Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in regular session on May 11, 1995, 6:00 p.m., 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; Florin Reichle, Assistant Manager /Clerk of the
District; Dawn Guastella, Permit Specialist; Susan Temple,
Treasurer.
Others Present: Mr. Robert Wynn.
MINUTE APPROVAL is
MINUTES OF REGULAR MEETING - APRIL 13, 1995
Director Schafer moved acceptance of the minutes of the regular meeting, April 13, 1995,
which was adjourned for lack of a quorum to April 20, 1995, by Ms. Reichle, Assistant
Manager /Clerk of the District. Director Perry seconded. No discussion was held. Motion
to approve the minutes as written approved unanimously.
MINUTES OF ADJOURNED REGULAR MEETING - APRIL 20, 1995
Director Perry moved acceptance of the minutes of the adjourned regular meeting,
April 20, 1995. Director Reade seconded. No discussion was held. Motion to approve the
minutes approved unanimously.
MINUTES OF SPECIAL MEETING - APRIL 27, 1995
Dir , for Reade ruoved aKeptance of the minutes of the special meeting, April 27, 1995,
dependent s ecial stricts of Orange County regarding consolidation of special
districts, attended by Directors Ferryman, Perry, Reade, Schafer and Worthington. Mr.
Harriers was also in attendance. Director Schafer seconded. No discussion was held.
Motion to approve the minutes approved unanimously.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 11, 1995 Page 2
• WRITTEN COMMUNICATIONS
Mr. Hamers reported there were no written communications.
PUBLIC COMMENTS
There were no public comments made.
REPORTS
MANAGER'S REPORT
OCCUPANCY REPORT
Mr. Hamers reported a decrease of 12 units in the occupancy report for solid waste
collection as of May 1, 1995. Therefore, the total for May is 22,108. Staff recommends
the acceptance of the count. Director Perry motions to accept the count as presented.
Director Schafer seconded. Motion carries 5 -0.
Mr. Hamers recommended that the Board direct staff to prepare a warrant for $156,086.90
to Costa Mesa Disposal on June 1, 1995, for payment for May trash collection based on
the May count of 22,108. Motion made by Director Reade, seconded by Director Perry.
• Motion carries 5 -0.
REFUND
SHASHAANI '419
Mr. Hamers reported a refund request from Mr. G. R. Shashaani for a 12 unit parcel
located at 370 Avocado Street. The request covers the years 1989/1990 through 1994/
1995, totaling $7,778.82, for trash services. Mr. Shashaani was using a private trash
service. No exemption form was filed. Staff recommends a refund of $1,770.72, for 1994/
1995 in accordance with the Board's policy.
Mr. Shashaani lives in Bloomfield Hills, Michigan, therefore, he requested Mr. Robert
Wynn to appear and speak on his behalf. Mr. Wynn explained that Mr. Shashaani
sometimes works for the U.S. government, outside the country, along with his regular job
in Michigan. Mr. Wynn testified to Mr. Shashaani's honesty and integrity. Mr. Hamers
explained the various notices sent directly to the property owner, all of which failed to
get Mr. Shashaani to file for the exemption. Mr. Hamers also explained the legal
requirements the Sanitary District must follow and how the District complied with these.
Mr. Wynn suggested a compromise refund of approximately $2,700, covering the last two
assessments paid.
Director Reade motioned to refund $1,770.72 for 1994/1995 and issue a permanent
• exemption. Director Worthington seconded. Motion carried 5 -0.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 11, 1995
FULLMER CONSTRUCTION
Page 3
Mr. Hamers reported a refund request from Fullmer Construction for the parcel located
at 300 Fischer, in the amount of $307.50 due to double payment of permit fees (Permit
#13104). Director Perry moved to refund the $307.50. Director Reade seconded. Motion
carried 5 -0.
SOURCE REDUCTION AND RECYCLING ELEMENT - AB939
STATUS OF CITY'S WASTE PROGRAM
Anti - Scavenging Solutions/Enforcement
Mr. Hamers reported a discussion with the Director of Public Services the City of
Costa Mesa. A monthly report containing information about the citations issued
will be given to the Costa Mesa Sanitary District.
Mr. Burns recommended increasing the penalty on the City ordinance prohibiting
scavenging from an infraction to a misdemeanor to further dissuade violators. The
Board requested Mr. Burns to contact Mr. Tom Kathe, City Attorney for the City
of Costa Mesa, regarding modifying the ordinance to a misdemeanor penalty.
President Ferryman directed staff to set up a meeting to include President
Ferryman, Mr. Hamers, and Alan Roeder to discuss putting together an action plan
to deter scavengers.
Director Reade motioned to request staff to draft a resolution requesting the City
of Costa Mesa to amend the Municipal Code penalty regarding scavenging from
an infraction to a misdemeanor. Director Perry seconded. Motion carries
unanimously.
SRRE EDUCATIONAL PROGRAM
Mr. Hamers presented to the Board the first Costa Mesa Sanitary District
newsletter, "Waste Happenings." The newsletter will be distributed to all Costa
Mesa Sanitary District's trash service customers. Staff suggested the Board review
the newsletter and recommend any changes or additions to the newsletter.
Director Reade suggested enlarging the District's name in the title.
Director Schafer suggested mentioning the fine for scavenging.
Director Ferryman suggested including information educating the public about
AB939 and the required future reduction of waste material.
•
0
is
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 11, 1995
WASTE DIVERSION REPORT
Waste Diversion Report for April 1995
Page 4
Mr. Hamers reported 26.44% waste diversion for the month of April 1995.
Total Tonnage: 2,495.85 Tonnage Recycled: 659.93
Director Perry moved acceptance of the Waste Diversion Report for April 1995.
Director Schafer seconded. Motion to accept the Waste Diversion Report approved
unanimously.
LOCAL MEETINGS
Local Agency Formation Commission
Mr. Hamers reported the increase of fees from LAFCO.
Mr. Hamers further reported that hearings on the Santa Margarita Water District
privatization will begin in late May.
Independent Special Districts/Orange County ( ISDOC)
Executive Board Meeting
Mr. Hamers discussed letters from Fountain Valley to LAFCO written by the
Director of Public Works and the City Manager. Mr. Hamers recommended
sending to ISDOC copies of the letters opposing Garden Grove's application to
LAFCO.
Director Reade reported that at the May 15, 1995 meeting of ISDOC they will be
studying the bylaws for the proposed Special Districts Advisory Committee that
will assist LAFCO.
Orange County Sanitation Districts
Regular Meeting
President Ferryman informed the Board of the upcoming election of officers and
will advise the Board at the next meeting of the outcome.
Director Schafer reminded the Board of. the summit subcommittee meeting on
Thursday, May 18, 1995, on disaster preparedness to initiate work on a videotape,
and that OCSD may want to participate.
Director Schafer further mentioned the pending Community Awareness Day.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 11, 1995
TREASURER'S REPORTS
Financial Report
Page 5
Ms. Temple presented the financial statements as of April 30, 1995. Motion to accept the
report as presented made by Director Schafer, seconded by Director Reade. No further
discussion was held. Motion to accept the financial report as presented approved 5 -0.
Treasurer's Report of Monies on Deposit
Ms. Temple presented the report showing the District's portfolio for the month of
April 1995. Director Schafer motioned to approve the Treasurer's report. Director Perry
seconded. Motion carried 5 -0.
Orange County Treasurer's Pool
Update
Mr. Hamers reported receipt of a request for proposal sent to outside Orange County trash
haulers to determine interest in taking trash to Orange County landfills.
•
Mr. Hamers further reported receipt of a request for qualifications for engineering firms
to privatize the services of the County/EMA. •
Letter from Curt Pringle
President Ferryman presented to the Board a letter dated April 25, 1995, from Mr. Curt
Pringle, Assemblyman, 68th District. The Board determined to take no action at this time.
1995 -96 Budget
Set Study Session Date
A study session was set for 12:00 p.m., Thursday, June 1, 1995, to discuss the 1995 -96
budget.
ENGINEER'S REPORT
Project Status Report
Director Perry motioned to accept the Project Status Report. Director Reade seconded.
The report was approved unanimously as presented.
Development Update
Mr. Hamers stated there was nothing to report.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 11, 1995 Page 6
• ATTORNEY'S REPORTS
District Records Destruction Resolution No. 95 -573
Mr. Burns presented Resolution No. 95 -573 A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COUNTY OF
ORANGE, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN
DISTRICT RECORDS. Director Reade motioned to adopt the resolution. Director Perry
seconded. Motion carried 5 -0.
Irvine Avenue Manhole - Resolution of Claim, City of Newport Beach - Share Costs
Mr. Hamers reported on a letter from Mr. James D. Hepworth of Baker, Silberberg &
Keener, dated April 19, 1995, regarding State Farm v. CMSD, et al., Orange County
Municipal Court Case No. 94 C 1254. Mr. Hamers relayed the suggestion that the Costa
Mesa Sanitary District pay the sum of $1,092.67, representing half of the total claim of
$2,185.34 that the City of Newport Beach paid to State Farm to resolve and settle this
action. Ms. Robin Flory, Assistant City Attorney for Newport Beach, indicated she would
recommend to Newport that this proposal be accepted. Mr. Hamers recommended the
Board approve in concept the sharing of costs along with language that the settlement
does not infer future maintenance responsibilities by the District, subject to staff and
Board review and approval of the actual agreement. Director Schafer moved to approve
this in concept. Director Perry seconded. Motion approved unanimously.
OLD BUSINESS
STATUS REPORT - PENDING ITEMS
Mr. Hamers declares there is nothing to report, there are no pending items.
CREATIVE MANAGEMENT SOLUTIONS - FINANCIAL STUDY - PHASE II
FINAL REPORT - CITY/DISTRICT CONTRACT
Set Study Session Date
A study session will be set at the June 8, 1995 meeting.
STUDY SESSION 5/10/95 - C. R. TRANSFER CONTRACT
Director Reade motioned to direct staff to continue to explore for the next 30 days the
options available to the Costa Mesa Sanitary District. Director Schafer seconded. The
motion was approved unanimously.
1995 TELEPHONE BOOK RECYCLING PROGRAM
® Mr. Hamers reported the results of research regarding the recycling of telephone books.
Mr. Hamers presented to the Board for review a document report to the State legislature
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held May 11, 1995 Page 7
from the California Integrated Waste Management Board's staff regarding telephone
directory recycling. Director Worthington will review the information and meet with Mr.
Hamers to discuss further action by the Sanitary District.
NEW BUSINESS
California Special Districts Association (CSDA) District Consolidations Seminar
Mr. Hamers presented a pamphlet to the Board advising of a seminar offered on Friday,
June 2, 1995, at the Marriott Airport Hotel in Ontario. The seminar is entitled "Should Districts
Date, Live Together or Get Married ?" Consolidations, Mergers, Annexations and Contracts.
Directors interested in attending should contact Ms. Reichle for reservations.
WARRANT REPORT
Motion made by Director Perry, seconded by Director Reade, authorizing the President and
Secretary to sign Report No. 95 -11 instructing the Finance Department to draw a warrant from
the Costa Mesa Sanitary District General Fund in the amount of $381,231.18.
Motion carried 5 -0.
ORAL COMMUNICATIONS
President Ferryman reminded the Board of the upcoming Newport/Mesa Lions Club Fish Fry,
June 1, 2 and 3.
ADJOURNMENT
Director Reade moved to adjourn the meeting. Director Perry seconded. Motion approved
unanimously.
At 8:03 p.m. Director Ferryman adjourned the meeting.
�
President
F, 1
L J
•