Minutes - Board - 1996-11-15COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held November 15, 1996
Call to Order: The Board of Directors of the Costa Mesa Sanitary
District met in regular session on November 15,
1996, 12:00 p.m. conference room 1 -A at the
Civic Center, 77 Fair Drive, Costa Mesa.
Director Ferryman called the meeting to order at 12:00 p.m.
Director Perry 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;
Susan Temple, Treasurer; Reba Coulter,
Finance; Dawn Guastella, Permit Specialist;
Joan Revak, Administrative Secretary.
Others Present: None.
CONSENT CALENDAR On motion by Director Reade, seconded by
Director Perry, and carried 5 -0, all Consent
Calendar items were approved as recommended.
MINUTES
Approved Minutes of
Regular Meeting,
October 14, 1996
REPORTS
MANAGER'S REPORTS
Approved Occupancy
Report and payment of
$ 161,008.32 to Costa
Mesa Disposal for trash
Minutes for the regular meeting of October 14,
1996, were approved as distributed.
The Trash Occupancy
of eight units in the
waste collection as
Therefore, the total
Count reflected a decrease
occupancy report for solid
of November 1, 1996.
or November is 21,922.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 2
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collection services for Board directed Staff to prepare a warrant for
November 1996 $161,008.32 to Costa Mesa Disposal on
November 1, 1996, for payment for November
trash collection based on the November count of
21,922.
REFUNDS
Approved payment of In accordance with Resolution No. 96 -584,
$162.71 to adopted by the Costa Mesa Sanitary District on
Ms. Jennifer Cunningham April 17, 1996, a trash refund request from Ms.
Jennifer Cunningham was approved in the amount
of $162.71 for property located at 302 East 16th
Street, Unit E, a one unit parcel, Assessor's Parcel
No. 425 - 215 -04, for fiscal year 1995 -1996. The
County of Orange was notified of the cancellation
for the 1996 -1997 tax assessment.
Ms. Cunningham has provided evidence of outside
trash service and a signed statement as required
by the Costa Mesa Sanitary District.
Approved payment of In accordance with Resolution No. 96 -584,
$147.56 to adopted by the Costa Mesa Sanitary District on
Mr. Michael McKenna April .17, 1996, a trash refund request from Mr.
Michael McKenna was approved in the amount of
$147.56 for property located at 2223 Pacific, Unit
L, a one unit parcel, Assessor's Parcel No. 931 -
17 -019, for fiscal year 1994 -1995.
Mr. McKenna has provided evidence of outside
trash service and a signed statement as required
by the Costa Mesa Sanitary District.
Approved payment of In accordance with Resolution No. 96 -584,
$345.70 to adopted by the Costa Mesa Sanitary District on
Mesa Heights April 17, 1996, a trash refund request from Mesa
Association Heights Association was approved in the amount
of $310.26 and sewer refund request in the
amount of $35.44 for a total of $345.70. Mesa
Heights Association was billed for property located
• at 210 East 16th Street, a common area,
Assessor's Parcel No. 425 - 201 -26, for fiscal years
1994 -1995 and 1995 -1996. The County of
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 3
Orange was notified of the cancellation for the
1996 -1997 tax assessment.
Approved payment of In accordance with Resolution No. 96 -584,
$147.56 to adopted by the Costa Mesa Sanitary District on
Mr. Mark Naylor April 17, 1996, a trash refund request from Mr.
Mark Naylor was approved in the amount of
$ 147.56 for property located at 2223 Pacific, Unit
N, a one unit parcel, Assessor's Parcel No. 931-
17 -021, for fiscal year 1994 -1995.
Mr. Naylor has provided evidence of outside trash
service and a signed statement as required by the
Costa Mesa Sanitary District.
Approved payment of
In accordance with Resolution No. 96 -584,
$526.12 to
adopted by the Costa Mesa Sanitary District on
•
Mr. Donald Schnake
April 17, 1996, a trash refund request from Mr.
Donald Schnake was approved in the amount of
$472.96. Additionally, a sewer refund request in
the amount of $53.16 was refunded for a total of
$526.12 for property located at 2557 Orange,
Unit A, a common area, Assessor's Parcel No.
439- 163 -08, for fiscal years 1994 -1995, 1995=
1996 and 1996 -1997.
This parcel is a common area, therefore, there are
no trash or sewer services.
RECYCLING REPORTS
Waste Diversion Report
The Waste Diversion Report for October 1996
October 1996 was
showing a 31.26% diversion rate was received
received and filed
and filed.
Approved Contract
The Board approved contract payment to CR
Payment to CR Transfer
Transfer for recycling services and disposal for the
for $110,798.90
month of October 1996 in the amount of
$110,798.90.
COSTA MESA SANITARY DISTRICT
is Minutes - Board of Directors Meeting held November 15, 1996 Page
TREASURER'S REPORTS
Financial Report as of The Financial Report as of October 31, 1996, was
October 31, 1996, was accepted as submitted.
received and filed
Report of Monies on The Report of Monies on Deposit as of October
Deposit as of. October 31, 1996, was accepted as submitted.
31, 1996, was received
and filed
Approved Warrant 97 -05
Warrant Resolution #CMSD
97 -05
was approved,
for November 1996, in
authorizing the President and
Secretary to sign the
the amount of
warrant and instructing the
Finance
Department to
$496,161.39
draw a warrant from the
Costa
Mesa Sanitary
District General Fund
in the
amount of
$496,161.39
0 ENGINEER'S REPORTS
Project Status Report The Project Status Report for November 1, 1996,
was received and filed was accepted as submitted.
WRITTEN COMMUNICATIONS
Mr. Hamers introduced a letter received from Mr. Brent Little, Manager, The
Keith Companies, dated November 1, 1996. Mr. Little's letter is to request
consideration for any engineering services that the District may require.
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 October 30, 1996. The
memorandum contains a comprehensive summary of enforcement activity
occurring from October 1, 1996, to October 25, 1996, with dates, times
•
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 5
and actions taken. From October 1 to October 25, one citation was issued
on Hanover Drive, and one warning was given to a subject on Charleston
Street. There was an additional attempt to cite, but the subject fled before
a citation could be issued.
Mr. Hamers introduced a letter from
Services, dated November 7, 1996
attachment showing the number of
October, 1996, as follows:
Mr. William Morris, Director of Public
Mr. Morris's memo contained an
;alts for service for scavenging for
Mr. Burns reported speaking with Ms. Benson regarding tracking the
citations. Mr. Burns advised the Board that Ms. Benson will be working
with Ms. Guastella to provide all the information the Board requires
regarding the disposition of cases on a monthly basis.
Ms. Guastella will contact the police department to ascertain the time the
calls came into the police department regarding scavenging. Director
Worthington suggested rearranging the enforcement officer's assigned
schedule to reflect the calls received by the police department for
scavenging violations. Ms. Guastella will also request surveillance in the
College Park area as it appears that scavenging continues in that area.
OLD BUSINESS
Screening of Trash Containers
• Ms. Reichle related that Staff had determined a separate flyer would be an
effective mode of distribution for information about the City Municipal Code
requiring the screening of trash containers. Ms. Reichle showed a sample
Calls for Service
Cite /arrest
Area 1
8
0
Area II
4
0
Area III
10
0
Area IV
0
0
Total
22
0
Mr. Burns reported speaking with Ms. Benson regarding tracking the
citations. Mr. Burns advised the Board that Ms. Benson will be working
with Ms. Guastella to provide all the information the Board requires
regarding the disposition of cases on a monthly basis.
Ms. Guastella will contact the police department to ascertain the time the
calls came into the police department regarding scavenging. Director
Worthington suggested rearranging the enforcement officer's assigned
schedule to reflect the calls received by the police department for
scavenging violations. Ms. Guastella will also request surveillance in the
College Park area as it appears that scavenging continues in that area.
OLD BUSINESS
Screening of Trash Containers
• Ms. Reichle related that Staff had determined a separate flyer would be an
effective mode of distribution for information about the City Municipal Code
requiring the screening of trash containers. Ms. Reichle showed a sample
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 6
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flyer currently being developed to advise recipients of the Code and request
their cooperation. The flyer will be written in English, Spanish and
Vietnamese. Mesa Consolidated Water District has agreed to assist in this
beautification project by including the flyer in their January /February 1997
billing.
Director Worthington suggested adding the year the Code was written in the
notice.
Household Hazardous Waste Grant
Ms. Reichle reported that Staff has been in contact with Americlean, the
City's consultant, to set up a meeting on the ABOP program. Two
additional events will be planned.
Telephone Directory Recycling Program
Ms. Reichle reported the program has slowed down due to the divided
distribution of Yellow Pages and White Pages. White pages have been
delivered to businesses, but have not been received in the residential areas
to date. Ms. Reichle may extend the program into December.
Ms. Reichle further reported there will be coverage on Channel 3, and press
releases are ready to go out to the newspapers. Ms. Reichle reported that
as of November 1, 1996, 11,074 directories have been collected.
ENGINEER'S REPORTS
Project No. 129 - Bristol Street Pumping Station
Three -Party Agreement
Mr. Hamers introduced the proposed three -party agreement between the
Costa Mesa Sanitary District, the City of Newport Beach and the Orange
County Development Agency (OCDA) to fund and construct a new pumping
station near Bristol Street in the Santa Ana Heights. area. Mr. Burns
reviewed the agreement and finds that it poses no problems. OCDA has
committed to fund the entire design and construction costs for the project,
• up to $225,000.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Pagel
Director Schafer motioned to approve the three -party agreement between
the Costa Mesa Sanitary District, the City of Newport Beach and the Orange
County Development Agency. Director Reade ..seconded. Motion carried
unanimously.
Proposal to Begin Design Phase
Director Perry motioned to approve beginning the design phase for project
No. 129 Bristol Street pumping station subject to its review by Boyle
Engineering and the signatures of the Orange County Development Agency
and the City of Newport Beach on the agreement, not to exceed $225,000.
Director Schafer seconded. Motion carried 5 -0.
TREASURER'S REPORTS
Orange County Bankruptcy
• Update
Ms. Temple stated she has been contacted by the District Attorney's office
and notified that she will be called to testify as a witness.
ATTORNEY'S REPORTS
Charles Chen v. Costa Mesa Sanitary District
Mr. Burns reported that he and Ms. Guastella appeared in front of Judge.
Cardenas on the matter of the Claim of Mr. Charles Chen versus the Costa
Mesa Sanitary District. The Judge has taken the matter for review and will
issue a ruling based on the law.
Claim - Bill E. Blanchard
Mr. Hamers reported a lawsuit has been filed by Mr. Bill Blanchard who
tripped over a sewer cover on Buckingham Drive and was injured. Mr.
Blanchard filed a lawsuit against the District for $1,105,500.00. Mr.
Hamers' research has determined the District does not own the sewer in
40 this development. The District has no easements and does not clean the
sewer in question.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 8
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Mr.- Hamers recommended the Board reject the claim based on the fact that
the District does not own, maintain or clean the sewer system in question.
Director Schafer motioned to reject the claim based on the finding that the
District does not own the sewer. Director Reade seconded. Motion carried
unanimously.
Claim - Mickey Lynn Snyder
Mr. Hamers reported on`a claim filed by Mickey Lynn Snyder who collided
with a truck from Costa Mesa Disposal on the freeway. The District has
been notified by its insurance carrier, SDRMA, that the District has been
dropped from the case. SDRMA has sent the District an invoice for $1,000,
representing the deductible.
Mr. Hamers sent a letter to Costa Mesa Disposal requesting they pay the
$1,000 deductible, and Costa Mesa Disposal has forwarded the request to
its insurance carrier. Costa Mesa Disposal has agreed to pay the $1,000
sshould their insurance carrier deny the claim.
Mr. Burns notified the Board that Mr. Richard Shirey has filed a lawsuit in
small claims court. Mr. Burns will update the Board as more information
becomes available.
LOCAL MEETINGS
Chamber of Commerce Legislative Committee
October Meeting Report
Director Schafer reported the meeting was canceled due to the election.
Chamber of Commerce Summit Committee
October Meeting
• Director Schafer reported the meeting was canceled due to the election.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 9
Independent Special Districts of Orange County (ISDOC)
Meeting
Mr. Hamers reported receiving a telephone call from Mr. Sterling Fox to alert
him of the upcoming quarterly meeting on November 21, 1996 at 11:30
a.m. The speaker for the meeting will be Mr. Ted Newland: Mr. Hamers
requested interested Board members contact Ms. Reichle.
Local Agency Formation Commission ( LAFCO).
Special Districts Advisory Committee Meeting
Director Schafer attended the LAFCO meeting and offered the minutes for
the Board's perusal. Director Schafer reported the agenda covered the Tri-
Cities Water District proposal, the District consolidation criteria and LAFCO
workshop.
0 Orange County Sanitation Districts (OCSD)
Regular Meeting
President Ferryman reported the meeting for November has not yet taken
place. President Ferryman reported on the committee meeting he attended
where he received a letter from LAFCO strongly encouraging the
consolidation.
President Ferryman advised the Board of the drug problem concerning a few
members of the Orange County Sanitation Districts. It appears that
approximately thirty employees will be dismissed for their connection and
involvement.
President Ferryman advised the Board there are a number of new directors
on the OCSD Board.
City of Costa Mesa Council Meeting Report
October 21, 1996
• Director Reade attended the Council meeting of October 21, 1996, and
reported the Council discussed the Shalimar situation.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 10
November 4, 1996
President Ferryman attended the November 4, 1996, meeting and reported
the Council further discussed the Shalimar situation. An assessment district
was not established, and the issue has been postponed for 90 days.
OLD BUSINESS - revisited
Trash Collection Field Survey
Update
Ms. Guastella reported that Mr. Hector Garibay has completed the entire
route, verifying service and addresses. Ms. Guastella will compare the field
study report to District computer records and make the necessary changes.
This project will ensure that District parcel records are accurate.
District Office Staffing Update
Mr. Hamers reported personnel has submitted .a draft flyer to advertise for
the position of Assistant Manager of the C.M.S.D. /Management Analyst.
Mr. Hamers recommended assigning the Clerk duties to Ms. Revak, and
separating the Assistant Management duties.
Mr. Hamers advised additionally that Ms. Guastella's position will be studied
for reclassification with a new job title.
Orange County Landfills Strategic Alternatives
Mr. Hamers introduced a letter from Mr. William Morris, Director of Public
Services, dated November 7, 1996. Mr. Morris is requesting the District's
co- participation in the funding of a consultant study for the purpose of
critiquing the County of Orange's consultant study on landfill strategic
alternatives. Mr. Morris requests District participation in the amount of
$ 500.
Mr. Hamers further introduced a letter from Mr. Kevin Murphy, City
Manager, Newport Beach, dated October 3, 1996, to Orange County City
• Managers. Mr. Murphy's letter outlines the services proposed by Hilton
Farnkopf for the study.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 11
Mr. Hamers introduced a memo from the Orange County Integrated Waste
Management Department, dated November 6, 1996, to the Orange County
Refuse Haulers. The memo contains information on the A.G. Edwards &
Sons, Inc. contract and the Alex Brown and Sons, Inc. contract.
Mr. Hamers advised the Board of a discussion he held with Mr. Mike Silva,
President, C. R. Transfer, regarding a review of the Hilton Farnkopf study
and the current views of the future of trash fees.
Mr. Hamers spoke to Ms. Vicki Wilson, Director, Integrated Waste
Management Department, who agreed that the District be recognized as an
agency responsible for trash hauling. The County is determining whether to
add the District to the Cities currently recognized or create another division
of public agencies.
President Ferryman advised the Board the League of Cities recommends that
the landfill be retained by the County. The County wants to have a disposal
contract in place before retaining the landfill. President Ferryman further
advised that the Waste Commission is in agreement with the League of
Cities recommendation.
President Ferryman expressed displeasure at being left out of the
information loop by the Orange County Integrated Waste Management
Department.
President Ferryman recommended requesting the City of Costa Mesa
recognize the Costa Mesa Sanitary District as a fifty - percent participant in
the study.
President Ferryman directed Staff to prepare a letter to Ms. Vicki Wilson
requesting recognition in either a separate category for government agencies
or along with the Cities.
Director Schafer expressed concern over the 90 -day limit required for the
signed Waste Disposal Agreements. President Ferryman echoed Director
Schafer's concerns.
Director Reade motioned to participate in the funding of a consultant study
for the purpose of critiquing the County of Orange's consultant study on
• landfill strategic alternatives, not to exceed $500 and directed Staff to
dispatch a letter to Ms. Vicki Wilson requesting recognition for the Costa
Mesa Sanitary District. Director Perry seconded. Motion carried 5 -0.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 12
NEW BUSINESS
Election Results
President Ferryman and Director Perry were reelected to the Costa Mesa
Sanitary District Board.
Director Schafer motioned that the emergency need arose after the agenda
was prepared to include an item regarding the meeting required by
Resolution to swear in new Board members. Director Reade seconded.
Motion carried unanimously to add this item to the Agenda.
Director Schafer motioned to cancel the meeting of the first Friday in
December, and have President. Ferryman and Director Perry sworn in on
December 12, 1996, at 5:55 p.m. immediately preceding the regular
meeting, and directing Mr. Burns to bring back a document to repeal the
Resolution requiring the new officers to be sworn in on the first Friday in
December. Director Perry seconded. Motion carried unanimously.
California Special Districts Association Membership
Mr. Hamers introduced a request for 1997 membership dues for the CSDA
in the amount of $ 1,879.00. Motion was made by Director Reade,
seconded by Director Perry, and carried unanimously, to pay the
membership dues in the amount of $ 1,879.00. Director Reade asked that
staff look into liability insurance from another source so that membership in
CSDA would not be mandatory.
PUBLIC COMMENTS
There were no public comments.
ORAL COMMUNICATIONS
Director Reade expressed congratulations on the election results to
• President Ferryman and Director Perry.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held November 15, 1996 Page 13
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ADJOURNMENT
At 1:35 p.m. President Ferryman adjourned the meeting.
Secretary Preside if
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U