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Minutes - Board - 1996-09-12t ' 0 • COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held September 12, 1996 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on September 12, 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. Directors Absent: Dan Worthington, absent and excused. Staff Present: Robin Hamers, Manager /Engineer; Alan Burns, General Counsel; Florine Reichle, Assistant Manager /Clerk of the District; Susan Temple, Treasurer; Reba Coulter, Finance; Dawn Guastella, Permit Specialist; Joan Revak, Administrative Secretary. Others Present: Mr. Mike Evans, 1720 Whittier Avenue, Costa Mesa; Mr. Richard Shirey, 8902 Burlcrest Drive, Huntington Beach; Mr. Mike Silva, 11292 Western, Stanton; Mr. Mike Kilbride, 5515 River Avenue, Newport Beach, 92663; Mr. Al Lachman, 9141 Belcardo Drive, Huntington Beach, 92646. CONSENT CALENDAR On motion by Director Perry, seconded by Director Schafer, and carried 4 -0, all Consent Calendar items were approved as recommended. MINUTES Approved Minutes of The minutes for the special meeting of August 7, 1996, • Special Meeting, were approved as distributed. August 7, 1 996 COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 2 Approved Minutes of The minutes for the regular meeting of August 8, 1996, Regular Meeting, were approved as distributed. August 8, 1996 Approved Minutes of The minutes for the special meeting of August 22, Special Meeting, 1996, were approved as distributed. August 22, 1996 Approved Minutes of The minutes for the special meeting of August 29, Special Meeting 1996, were approved as distributed. August 29, 1996 REPORTS MANAGER'S REPORTS Approved Occupancy The Trash Occupancy Count reflected an increase of Report and payment of 32 units in the occupancy report for solid waste $161,067.08 to Costa collection as of September 1, 1996. Therefore, the total Mesa Disposal for trash for September is 21,930. Board directed Staff to collection services for prepare a warrant for $161,067.08 to Costa Mesa September 1996 Disposal on October 1, 1996, for payment for September trash collection based on the September count of 21,930. REFUNDS PROOF OF OUTSIDE TRASH SERVICE AND SIGNED STATEMENTS Approved payment of In accordance with Resolution No. 96 -584, adopted by $162.71 to the Costa Mesa Sanitary District on April 17, 1996, a Ms. Jo Ann Vanderpool trash refund request from Ms. Jo Ann Vanderpool was approved in the amount of $162.71 for property located at 2223 -H Pacific Avenue, a one -unit parcel, Assessor's Parcel No. 931 -17 -016, for fiscal year 1995 -96. Ms. Vanderpool has provided evidence of outside trash • service and a signed statement as required by the Costa Mesa Sanitary District. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 3 RECYCLING REPORTS Waste Diversion Report August 1996 was received and filed Approved Contract Payment to CR Transfer for $109.769.32 TREASURER'S REPORTS Financial Report as of August 31, 1996, was received and filed Report of Monies on Deposit as of August 31, 1996, was received and filed Approved Warrant 97 -03 for September 1996, in the amount of $485,969.35 ENGINEER'S REPORTS Project Status Report was received and filed ATTORNEY'S REPORTS The Waste Diversion Report for August 1996 showing a 35.50% diversion rate was received and filed. The Board approved contract payment to CR Transfer for recycling services and disposal for the month of August 1996 in the amount of $109,769.32. The Financial Report as of August 31, 1996, was accepted as submitted. The Report of Monies on Deposit as of August 31, 1996, was accepted as submitted. Warrant Resolution #CMSD 97 -03 was approved, authorizing the President and Secretary to sign the warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $485,969.35 The Project Status Report for September 1, 1996, was accepted as submitted. Richard Shirey Claim - 1665 Irvine Avenue Mr. Burns introduced a claim filed by Mr. Richard Shirey, who maintains the Costa Mesa Sanitary District is financially liable for a sewer blockage occurring on July 12, • 1996, at 1665 Irvine Avenue, Costa Mesa. U COSTA MESA SANITARY DISTRICT Minutes Board of Directors Meeting held September 12, 1996 Page 4 Mr. Hamers provided a brief synopsis of the circumstances for the Board, advising that the sewer lateral at 1665 Irvine Avenue started malfunctioning. Mr. Shirey contacted Mr. Mike Evans, plumbing contractor, who excavated to the Wye in an attempt to clear the blockage. This Wye was located approximately 19 feet down, and near the center of Irvine Avenue. Mr. Shirey then contacted Mr. Mike Kilbride, general contractor, to complete the repairs. Mr. Shirey's claim maintains that the condition of the Wye caused the blockage, therefore making the Costa Mesa Sanitary District responsible for the repairs totalling $24,132.62. Mr. Hamers further explained this section of sewer was part of a televised study conducted in 1991, and upon reviewing that video, noted roots progressing into the sewer main from the sewer lateral. Two problems were noted in the sewer lateral. There was a crack in the Wye connecting the lateral to the sewer main at the joint between the sewer lateral and the sewer main. There also appeared to be a separation in the lateral further up towards the property. Mr. Hamers explained the District has maintained a policy of rejecting claims involving problems in the sewer lateral. Mr. Hamers' investigation determined the sewer main was flowing properly at all times and did not add to the problem of the sewer lateral. Mr. Hamers contends the Wye is an integral part of the lateral, thereby not the responsibility of the District. Mr. Shirey, owner, Mr. Mike Evans, plumbing contractor, and Mr. Mike Kilbride, general conractor, were in attendance at the meeting. Mr. Shirey purports the problem existed in the Wye, which he contends falls into the District's jurisdiction. Mr. Mike Kilbride, general contractor, advised the Board that upon investigating the Wye, he discovered that in addition to the crack on the front of the Wye the entire back portion of the Wye was in a deteriorated condition with missing pieces. Mr. Mike Evans, plumbing contractor, related that his investigations determined the Wye is an integral part of the sewer main. Mr. Evans further asserted that Mr. Paul Guzman, Sanitary District Inspector, was on site during the excavation and claimed that if the problem was with the Wye or the saddle on the main, the responsibility for costs would be with the District. Mr. Hamers explained that despite Mr. Guzman's purported statement, that is not the policy of the Costa Mesa Sanitary District. Mr. Burns advised further investigation, including review of records and photographs, should be conducted before a determination of liability can be made. Mr. Burns recommended the Board reject the claim and research the matter further. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 5 S Director Reade motioned to reject Mr. Shirey's claim for $24,132.62, and to continue monitoring of this claim with the SDRMA. Director Perry seconded. Motion to reject Mr. Shirey's claim carried unanimously. OLD BUSINESS CR Transfer's Use of Landfills - Presentation by Mike Silva Mr. Hamers introduced a memo regarding CR Transfer's use of landfills. Mr. Mike Silva, President of CR Transfer, was in attendance at the Board meeting and discussed the three items listed in the memo. Mr. Silva outlined future expectations regarding the savings in landfill fees previously achieved by CR Transfer. Mr. Silva has been utilizing two waste -to- energy plants and BKK. Mr. Silva explained that BKK, a landfill located in Azusa, is slated for closure on Sunday, September 15, 1996. The closure of this facility will lead to a larger amount of trash available to waste -to- energy plants by other haulers, thereby possibly reducing Mr. Silva's opportunity to participate in the utilization of these facilities. This will mean a return to Orange County landfill 0 facilities. Mr. Silva agreed to pass 75% of any future savings on landfill fees back to the District. Mr. Silva discussed the status of Orange County landfills, and the utilization of A. G. Edwards & Sons as consultants to study alternative prospects for the County landfills. Alternatives being considered included selling, leasing to a private enterprise, and restructuring of the County with continued maintenance of the landfills. Director Perry motioned to direct Staff to prepare an addendum to the contract with CR Transfer reflecting the receipt of 75% of future savings on landfill fees and return the addendum to the Board for consideration. Director Schafer seconded. Motion carried unanimously. WRITTEN COMMUNICATIONS Mr. Hamers introduced a letter from Mr. Ken Sonksen, President of the Board of Directors of the SDRMA, dated August 21, 1996, stating they are going to change their fiscal year to July 1 through June 30. • Mr. Hamers further introduced a copy of a letter sent to the Costa Mesa City Council Members from the Wallace Avenue Improvement group, dated August 14, 1996. �J COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 6 In this letter, Mr. Phil Morello expresses the Wallace Avenue Improvement Group's support of the screening of trash containers. Mr. Hamers presented a memo from Mr. William Morris, Director of Public Services, dated September 4, 1996. Mr. Morris' memo outlined suggestions to be utilized in an effort to make residents aware of the Costa Mesa Municipal Code Section 8 -81 (c) prohibiting homeowners from leaving their trash containers in any street or alley of the City, or allow the trash containers to be visible from the street after 12:00 midnight on the day of trash collection. The memo suggests publishing articles and inserting notices in various publications to notify the residents of the Code and enlist their participation. Ms. Reichle presented a memo containing the 1996 telephone directory recycling program's drop -off bin locations and a list of participating and nonparticipating schools. Mr. Hamers reported the inclusion of this information in the next newsletter. MANAGER'S REPORTS • SOURCE REDUCTION AND RECYCLING ELEMENT - AB939 STATUS OF CITY'S WASTE PROGRAM Anti - Scavenging Enforcement Mr. Hamers introduced an interoffice memorandum from Ms. Sandra M. Benson Senior Code Enforcement Officer, Dated September 5, 1996. The memorandum contains a comprehensive summary of enforcement activity occurring from August 13, 1996, to September 4, 1996, with dates, times and actions taken. From August 13 to September 4, four citations were issued. Ms. Guastella reports the enforcement program is working very well, and she has not received any scavenging complaint phone calls. Mr. Burns suggested tracking the outcome of the scavenging incidents to assist in the future prosecution of repeat offenders. Mr. Hamers reported the City has readopted its $1.00 fee per ton per hauler in the City. The Costa Mesa Sanitary District is waived under their agreement with the City. • Mr. Hamers further reported that when the landfill fees were reduced from $35.00 per ton to $27.00 per ton, the Costa Mesa Sanitary District adjusted its budget and • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 7 passed the savings along to its residents. The City of Costa Mesa had not determined whether any other trash haulers operating in Costa Mesa have reduced their rates to pass the savings along to their customers. Mr. Hamers reported receipt of an interoffice memorandum dated September 12, 1996, from Mr. William J. Morris, Director of Public Services, City of Costa Mesa, reflecting the August 1996 statistics for scavenging enforcement. There were nine citations out of twenty calls for service. SRRE EDUCATIONAL PROGRAM Household Hazardous Waste Grant Ms. Reichle reported Channel 3 filmed Ms. Guastella's garage, and featured interviews with Mr. Hamers and Ms. Donna Theriault of the City of Costa Mesa. Ms. Reichle reported 238 total telephone calls to the Hazardous Waste hotline as of September 12, 1996. Ms. Reichle reported 187 of the people calling plan to participate in the collection • event. An ad will run in the Pilot appearing on Saturday, September 15, 1996, advising residents of the program. The deadline for participants to call in has been extended to September 18, 1996. ENGINEER'S REPORTS Boyle Engineering Corporation Independent Report on 1996 -97 Capital Improvement Program Director Schafer motioned to accept the report from Boyle Engineering Corporation. Director Perry seconded. Motion carried unanimously. Project No. 129, Bristol Street Pumping Station - Request to have CMSD be the Design Agency Mr. Hamers informed the Board that the Orange County Development Agency (OCDA) and the City of Newport Beach (CNB) requested the Costa Mesa Sanitary District be the design agency for the new sewer improvements to serve the rezoned Santa Ana Heights area. Mr. Hamers outlined the project and stated that all costs of upsizing the sewer facilities will be absorbed by the Orange County Development Agency. CJ COSTA MESA SANITARY DISTRICT Minutes Board of Directors Meeting held September 12, 1996 Page 8 Director Reade motioned to approve the Costa Mesa Sanitary District being the design agency in concept, subject to Staff bringing back to the Board a three -party agreement between the Orange County Development Agency, City of Newport Beach and the Costa Mesa Sanitary District outlining the actual design costs, maintenance and ownership responsibilities. Director Perry seconded. Motion carried unanimously. TREASURER'S REPORTS Orange County Bankruptcy Update Ms. Temple reported the County is in the process of attempting to resolve many of the disputes, on a category by category basis, that have been claimed. The Costa Mesa Sanitary District has one claim in dispute, the claim Ms. Temple submitted for monies said to be owed the District in a report generated by the County. Ms. Temple will be contacted when the County is ready to resolve this claim, and will bring the results of that meeting to the Board. • ATTORNEY'S REPORTS - Revisited Charles Chen v. Costa Mesa Sanitary District Mr. Burns informed the Board the Court awarded Mr. Charles Chen an additional $2,847.78 refund. Mr. Burns reported he has appealed the decision and will represent the District in Superior Court in this matter. Ms. Reichle represented the District in small claims court and reported the judge did not count the first year the tax bill containing the charge was corrected and determined an additional year should be awarded to Mr. Chen. Mr. Hamers recommended pursuing this in Superior Court to refrain from setting a precedent for future refunds. Director Reade motioned to accept the report. Director Perry seconded. Motion carried unanimously. United States Government v. Montrose Chemical Corporation • Mr. Burns introduced a letter from Mr. Thomas L. Woodruff, Special Legal Counsel, dated August 9, 1996. Mr. Burns briefly outlined the current status of the litigation. The trial judge, Honorable A. Andrew Hauk, approved the agreement, but his • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors)Meeting held September 12, 1996 Page 9 decision was taken on appeal by the corporate defendants. The Ninth Circuit Court of Appeal has reversed Judge Hauk's order and remanded it to him for further consideration. The consensus of the Liaison Counsel for the ten groups of local agencies was to negotiate a new Consent Decree. The terms for the new Consent Decree have been reached and no additional financial contribution will be required by any parties. Mr. Woodruff's letter advised that the Consent Decree requires each entity approve and execute this agreement. Director Perry motioned to approve the amended Consent Decree in the matter of the United States Government v. Montrose Chemical Corporation. Director Reade seconded. Motion carried unanimously. LOCAL MEETINGS Chamber of Commerce Legislative Committee August Meeting Report Director Schafer reported she was not in attendance at the August Chamber of Commerce Legislative Committee meeting and presented the agenda for the Board's perusal. Independent Special Districts of Orange County ( ISDOC) August 29, 1996 Quarterly Meeting Director Schafer thanked everyone who attended the meeting and stated she was pleased with the feedback received on her presentation. Director Reade commended Director Schafer's report at the ISDOC meeting and stated he was disappointed with the attendance. Orange County Sanitation Districts (OCSD) Regular Meeting President Ferryman informed the Board that a settlement was reached in the case • concerning the deaths of two people. The settlement will total approximately five to ten million dollars. �r • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 10 City of Costa Mesa Council Meeting Report August 19, 1996 Director Worthington attended the August 19, 1996, meeting and will present a report at the October Board meeting. September 3, 1996 There were no Directors in attendance at the September 3, 1996, meeting. OLD BUSINESS - Revisited Creative Management Solutions - Financial Study City /District Contract The Board directed Staff to pull this item from the agenda and bring it back in March of 1997. • Assembly Bill 2109 Update Ms. Revak spoke with Mr. Matt Sarboraria of Senator Pringle's office regarding AB 2109, and was told the bill had moved through the various committees without a "no" vote, but fell victim to internal politics at the end of the session. Senator Pringle will make the bill his highest priority when they reconvene next year. Trash Collection Field Survey Update Mr. Hamers reported a person was hired to ride the trash trucks with a printout of all residences on the District's roll. Each and every residence is checked to verify service. Ms. Guastella reported the majority of corrections she has received thus far have • been address corrections. Ms. Guastella receives the correction report daily and stated that the program is progressing satisfactorily. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 11 Ms. Reichle reported Costa Mesa Disposal has been very cooperative in the efforts to update the records. Large Item Collection Final Report Ms. Reichle reported a total of 434.21 tons were collected during the 1996 large item collection program. 59.12 tons were metallic goods, of which 2.63 tons were recyclable. The net profit from metallics was $1,187.69. The cost of the program was $11,721, less the $1,187.69 received from the recyclables, for a grand total of $10,533.31. Ms. Reichle compared last years' program cost of $14,592 to this years' cost of $10,533.31 and determined the cost was lowered by $4,059 due to the decrease in landfill charges. Ms. Reichle recommended changing the method of notification for the 1997 program due to the numerous pizza establishments utilizing door hanger advertisements similar to the large item collection notification. 9 NEW BUSINESS 1996 District Election Ms. Reichle advised the Board that Mr. Paul Shoenberger will be a candidate for the Costa Mesa Sanitary District Board. Mr. Shoenberger was invited to attend the September 12, 1996 Board meeting. PUBLIC COMMENTS. There were no public comments. ORAL COMMUNICATIONS There were no oral communications. At 7:27 p.m. President Ferryman adjourned the meeting to a closed session to discuss personnel matters. NEW BUSINESS - Revisited 0 Assistant Manager Position - Closed Session to Discuss Personnel Matters, Pursuant to Government Code Section 54957 COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 12, 1996 Page 12 • RECONVENE At 8:05 President Ferryman ended the closed session and reconvened the regular meeting. No action was taken. ADJOURNMENT At 8:06 p.m. President Ferryman adjourned the meeting. • • President