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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 •