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Minutes - Board - 1996-12-12E Uleen -7, COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held December 12, 1996 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on December 12, 1996, 6:00 p.m. 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 Harriers, 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. Paul Shoenberger, 923 Joann, Costa Mesa Ms. Norma Barner, City of Costa Mesa ELECTION OF OFFICERS ELECTION OF COSTA MESA SANITARY DISTRICT OFFICERS Mr. Harriers called for nominations within the Board for the offices of President, Vice President and Secretary of the Costa Mesa Sanitary District. Motion by Director Schafer, seconded by Director Reade to nominate Director James Ferryman to the office of President of the Costa Mesa Sanitary District. No other nominations were made. Motion to close nominations by Director Reade, seconded by Director Perry. Motion to elect Director Ferryman as President of the Costa Mesa Sanitary District carried 5 -0. Mr. Harriers called for nominations for the office of Vice - President of the Costa Mesa Sanitary District. Motion by Director Reade, seconded by Director Schafer to nominate Director Arthur Perry. No other nominations were made. Motion to elect Director Perry to the office of Vice - President of the Costa Mesa Sanitary District carried unanimously. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12,1996 Page 2 Mr. Hamers called for nominations for the office of Secretary of the Costa Mesa Sanitary District. Motion by Director Reade, seconded by Director Perry to nominate Arlene Schafer. No other nominations were made. Motion to elect Director Schafer to the office of Secretary of the Costa Mesa Sanitary District carried unanimously. Mr. Hamers called for nominations for the office of Assistant Secretary of the Costa Mesa Sanitary District._ Motion by Director Schafer, seconded by Director Reade to nominate Dan Worthington to the office of Assistant Secretary of the Costa Mesa Sanitary District. No other nominations were made. Motion to elect Director Worthington to the office of Assistant Secretary of the Costa Mesa Sanitary District carried unanimously. APPOINTMENT OF ORANGE COUNTY SANITATION DISTRICT REPRESENTATIVE Mr. Hamers called for a nomination for the appointment of a representative to the Orange County Sanitation District. Motion was made by Director Perry, seconded by Director Reade, for the appointment of Director James Ferryman as representative and Director Arthur Perry as alternate to the County Sanitation Districts of Orange County, California. Motion carried unanimously. APPOINTMENT OF INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY REPRESENTATIVE Mr. Hamers called for a nomination for the appointment of a representative to the Independent Special Districts of Orange County. Motion was made by Director Reade, seconded by Director Perry to nominate Director Schafer as representative and Director Worthington as alternate to the Independent Special Districts of Orange County. Motion carried unanimously. Motion to close nominations made by Director Perry, seconded by Director Reade. Motion carried unanimously. APPOINTMENT OF ACTING CLERK OF THE DISTRICT Mr. Hamers introduced a letter to the Board discussing the need to appoint an Acting Clerk of the District to cover the time period occurring between Ms. Reichle's retirement on December 30, 1996, to January 6, 1996, when the City Council officially approves the position. Director Schafer motioned to appoint Ms. Joan Revak as Acting Clerk of the District as of December 30, 1996, to act as the clerk ® until such time as official City approval is received, at which time she becomes the COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 3 permanent Clerk of the District. Director Reade seconded. Motion approved unanimously. CONSENT CALENDAR Item No. 4 was removed for further discussion. On motion by Director Schafer, seconded by Director Perry, and carried 5 -0, all remaining Consent Calendar items, including the revised Warrant list, were approved as recommended. MINUTES Approved Minutes of The minutes for the regular meeting of November 15, Regular Meeting, 1996, were approved as distributed. November 15, 1996 Approved Minutes of The minutes for the special meeting of November 19, Special Meeting, 1996, were approved as distributed. November 19, 1996 ® REPORTS MANAGER'S REPORTS Approved Occupancy Report and payment of $160,890.80 to Costa Mesa Disposal for trash collection services for December 1996 RECYCLING REPORTS Waste Diversion Report November 1996 was received and filed Approved Contract ® Payment to CR Transfer for $104,159.28 The Trash Occupancy Count reflected a decrease of sixteen units in the occupancy report for solid waste collection as of December 1, 1996. Therefore, the total for December is 21,906. Board directed Staff to prepare a warrant for $160,890.80 to Costa Mesa Disposal on January 1, 1997, for payment for December trash collection based on the December count of 21,906. The Waste Diversion Report for November 1996 showing a 31.59% diversion rate was received and filed. The Board approved contract payment to CR Transfer for recycling services and disposal for the month of November 1996 in the amount of $104,159.28 El COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 4 TREASURER'S REPORTS Financial Report as of November 30, 1996, was received and filed Report of Monies on Deposit as of November 30, 1996, was received and filed The Financial Report as of November 30, 1996, was accepted as submitted. The Report of Monies on Deposit as of November 30, 1996, was accepted as submitted. Approved Warrant 97 -06 Warrant Resolution #CMSD 97 -06 was approved, for December 1996, in the authorizing the President and Secretary to sign the amount of $398,427.63 warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $398,427.63 ENGINEER'S REPORTS Project Status Report was The Project Status Report for December 1, 1996, was received and filed accepted as submitted. END OF CONSENT CALENDAR REFUNDS Director Worthington expressed concern regarding the persisting number of refund requests. Ms. Temple reported her office is monitoring the refunds, and foresees no cashflow complications at the present time. Director Reade motioned to approve the refund requests. Director Perry seconded. Motion carried unanimously. Mr. Harriers requested Ms. Temple prepare a report at the end of the fiscal year detailing the amount of money refunded and how it affected the budget. Approved payment of In accordance with Resolution No. 96 -584, adopted by $4,729.80 to the Costa Mesa Sanitary District on April 17, 1996, a Ms. Maria Agrusa trash refund request from Ms. Maria Agrusa was approved in the amount of $4,729.80 for property located at 602 Center, a ten -unit parcel, Assessor's Parcel No. 424 - 212 -47, for fiscal years 1994 -1995, 1995 -1996 and 1996 -1997. IMMUNE a COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 5 Ms. Agrusa 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, adopted by $2,792.43 to the Costa Mesa Sanitary District on April 17, 1996, a Ms. Betty Burkart trash refund request from Ms. Betty Burkart was approved in the amount of $2,792.43 for property located at 369 West Bay Street, a nine -unit parcel, Assessor's Parcel No. 419 - 192 -12, for fiscal years 1994 -1995 and 1995 -1996. Ms. Burkart 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, adopted by $472.98 to the Costa Mesa Sanitary District on April 17, 1996, a Mr. Donald Schnake trash refund request from Mr. Donald Schnake was ® approved in the amount of $472.98 for property located at 2557 Orange, Unit A, a one -unit parcel, Assessor's Parcel No. 937 -75 -053, for fiscal years 1994 -1995, 1995 -1996 and 1996 -1997. Mr. Schnake 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, adopted by $2,364.89 to the Costa Mesa Sanitary District on April 17, 1996, a Mr. Stanley Zone trash refund request from Mr. Stanley Zone was approved in the amount of $2,364.89 for property located at 2184 Pacific, a five -unit parcel, Assessor's Parcel No. 422 - 041 -14, for fiscal years 1994 -1995, 1995 -1996 and 1996 -1997. Mr. Zone has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. �NINE � COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 6 WRITTEN COMMUNICATIONS Mr. Hamers presented a letter from the County Sanitation Districts of Orange County, dated December 11, 1996, from Mr. John Collins, Chairman, Joint Boards of Directors. Mr. Collins' letter discusses the level of commitment requested from all appointed representatives for the upcoming 1997 term. Mr. Hamers introduced an article appearing in the Orange County Register on December 12, 1996. The article discusses the probabability of the Garden Grove Sanitary District becoming a City department in 1997 due to lower than anticipated opposition to the proposed merger. Mr. Hamers introduced minutes from the Board of Supervisors' meeting regarding the status of Orange County landfills. Mr. Hamers presented a letter from Mr Curt Pringle, Speaker of the Assembly, dated November 17, 1996, to Ms. Arlyss Burkett, Los Alamitos County Water District. Mr. ,Pringle's letter expresses his intent to reestablish a bill similar to AB2109. 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 of the City of Costa Mesa, dated December 4, 1996. The memorandum contains a comprehensive summary of enforcement activity occurring from October 31, 1996, to November 20, 1996, with dates, times and actions taken. From October 31 to November 20, one citation was issued on Traverse Drive. The individual receiving the citation had been given Violation Notices on two prior occasions. Ms. Guastella reported the program is proceeding efficiently, and the first report from the court system will be provided in January of 1997. Mr. Hamers introduced a letter from Ms. Holly Carver of the Costa Mesa Police Department, dated December 2, 1996. Ms. Carter's memo showed the number of calls for service for scavenging for November, 1996, as follows: iI 1611 COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 7 Calls for Service Cite /arrest Area 1 4 0 Area II 6 2 Area III 2 0 Area IV 0 0 Total 12 2 Household Hazardous Waste Grant Mr. Harriers reported Director Reade, Ms. Reichle and Mr. Harriers attended a meeting to discuss the next portion of the hazardous waste program. Director Reade reported the next pickup in April 1997 will include antifreeze, batteries, oil and paint, and will be targeted to the west side of Costa Mesa. ® Mr. Harriers advised the advertising for the program was going to be presented in Spanish as well as English and Staff is investigating the possibility of having a radio station do a remote broadcast at the site. Telephone Directory Recycling Program Ms. Reichle reported the collection of 20,124 directories or 43.20 tons as of December 6, 1996. The program will run to December 13, 1996. Ms. Reichle reported Pac Bell Directory will pay for certain costs for the 1996 telephone directory recycling promotional materials. Radio Announcement of Recycling Ms. Reichle presented a letter from Ms. Donna Theriault, Management Analyst of the City of Costa Mesa, to Ms. Reichle, dated December 5, 1996. The letter advised the cities of Irvine and Seal Beach have invited Costa Mesa to join them in a public service education program. Total cost for the radio broadcast public service announcements for one week's schedule of announcements will be $1,500. The three agencies, Irvine, Seal.Beach and Costa Mesa will share the expense, contributing $500 each. The Costa Mesa Sanitary District will divide the cost with the City of Costa Mesa, each contributing $250. Director Schafer motioned to ® participate in the joint public service education program, not to exceed $250. Director Perry seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 8 ENGINEER'S REPORTS Project No. 142 - Reconstructing Force Main for Adams Pumping Station Release of Retention Payment Mr. Hamers reported due to a Staff oversight, the Notice of Completion was not filed with the County Recorder's office and the retention payment, previously approved by the Board, has not yet been released to the contractor. Director Perry motioned to release the retention. Director Schafer seconded. Motion carried unanimously. Project No. 129 - Bristol Street Pumping Station Independent Review of Project by Boyle Engineering Mr. Hamers presented a proposal from Boyle Engineering to do an independent analysis of Project No. 129, Bristol Street Pumping Station. Director Reade motioned to retain Boyle Engineering, not to exceed $7,500. Director Perry seconded. Motion carried 5 -0. TREASURER'S REPORTS Orange County Bankruptcy Update Ms. Temple presented a report outlining the status of the Orange County bankruptcy. The County has requested entities affected by the bankruptcy withdraw certain claims. The Costa Mesa Sanitary District has a claim for $621,583.47, which was based on County records. The County maintains the claim form was generated in error. The Finance Department recommends withdrawal of this claim, due to the fact they believe it was generated in error. Director Perry motioned to withdraw the claim to the County in the amount of $621,583.47. Director Schafer seconded. Motion carried unanimously. ATTORNEY'S REPORTS Charles Chen v. Costa Mesa Sanitary District. Mr. Burns reported he has no new information regarding Mr. Chen, and is still waiting for the disposition from the Court. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 9 Claim - Richard Shirey Mr. Harriers attended Small Claims Court in the Richard Shirey versus the Costa Mesa Sanitary District. Mr. Harriers reported the judge heard the case and has taken the decision under submission. Mr. Harriers will report to the Board when he receives the decision from the Court. RESOLUTION 96 -593 Mr. Burns introduced Resolution No. 96 -593, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REVISING THE PROCEDURE FOR SEATING DIRECTORS AND SELECTING OFFICERS AFTER AN ELECTION AND PRESCRIBING THE PROCEDURE FOR THE APPOINTMENT OF REPRESENTATIVES TO THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA AND SUPERSEDING RESOLUTION NO. 92- 529. Director Reade motioned to adopt Resolution No. 96 -593. Director Perry seconded. Motion carried unanimously. LOCAL MEETINGS • Independent Special Districts of Orange County (ISDOC) November 21, 1996 Meeting Director Schafer attended the meeting and reported the speaker on the benefits of a healthy life style was very motivating. Local Agency Formation Commission ( LAFCO) December 4, 1996 Advisory Committee Meeting Director Schafer advised the Advisory Committee meeting was cancelled. November 19, 1996 Workshop Director Schafer presented the agenda for the workshop for the Board's perusal. Board Input on Draft Policy on LAFCO- Initiated Proposals Mr. Harriers presented a proposed guideline prepared by LAFCO on issuing ® reorganizations and consolidations. President Ferryman requested all Directors having comments direct them to Mr. Harriers to forward to LAFCO. RE iSE � COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 10 Orange County Sanitation Districts (OCSD) Regular Meeting President Ferryman reported the OCSD Board recommended the'bulk of the sludge hauling was awarded to Pimagrow, who was the highest bidder, while the top- rated, lowest bidder received a reduced tonnage. President Ferryman expressed discontent with the decision regarding the allocations to the haulers. President Ferryman reported the allocation will be reviewed in three months for possible adjustments. President Ferryman reported approximately 70 employees were dismissed due to the drug investigation recently conducted. City of Costa Mesa Council Meeting Report November 18, 1996 Director Schafer attended the Council meeting of November 18, 1996, and stated there was nothing to report. December 2, 1996 Director Worthington attended the November 4, 1996, meeting and reported the Council had a ceremony to swear in Mr. Peter Buffa as Mayor and the new Council members, Libby Cowan and Heather Somers. Director Worthington reported the Council discussed the restoration of Fairview Park. OLD BUSINESS Trash Collection Field Survey Update Mr. Hamers had nothing additional to report. District Office Staffing Update Mr. Harriers reported there were eight applicants to date for the position of Assistant Manager /Management Analyst to the Costa Mesa Sanitary District. Interviewing of the applicants will begin in January 1997. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 11 • Hiring Present Assistant Manager on part -time basis Mr. Hamers advised the Board there will be an interim period in which there will be no Assistant Manager. Ms. Reichle retires on December 30, 1996, and the new Assistant Manager /Management Analyst is projected to be hired sometime in January. Mr. Hamers reported hiring Ms. Reichle as an independent consultant will enable a smooth transition and allow for training of the new Assistant Manager. Director Reade motioned to authorize a purchase order to hire Ms. Reichle on a part -time basis, beginning January 1, 1997, at $42.00 an hour, not to exceed 20 hours a week, not to exceed six weeks, not to exceed $5,000, and to further authorize an additional purchase order for $42.00 an hour to hire Ms. Reichle for training purposes to train the new Assistant Manager upon hiring. Director Schafer seconded. Motion carried unanimously. Director Schafer made a motion to consider a non - agenda item because the need to take action occurred after the agenda was prepared. She stated that there were new facts that required a personnel closed session to consider hiring personnel to fill the District's needs caused by the vacancy. The motion was seconded by Director Perry. Motion carried unanimously. Director Worthington motioned to adjourn to closed session under Government Code Section 54957. Director Perry seconded. Motion carried unanimously. The Board adjourned to closed session at 7:25 p.m. The Board resumed regular session at 7:35 p.m. and announced that no action had been made in closed session. Screening of Trash Containers Ms. Reichle presented a sample of the new flyer written in three languages. These flyers will be distributed to violators at curbside. A flyer will also be sent courtesy of Mesa Consolidated Water District in their billing for March and April. Status of Orange County Landfills Mr. Hamers reported the Board of Supervisors approved negotiating with the cities to obtain signed waste disposal agreements. Mr. Hamers reported the Costa Mesa ® Sanitary District has not yet been contacted by the Board of Supervisors representative. Staff will monitor the negotiations. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held December 12, 1996 Page 12 NEW BUSINESS Christmas Tree Recycling Program Ms. Reichle reported the Christmas tree recycling program will begin on December 30, 1996 and continue through January 10, 1997. Ms. Reichle reported the trees will be deposited by the haulers and held at the Orange County Fairgrounds, and then removed to another site to be ground. The recycled material will be utilized by the U.S. Department of Forestry for trail maintenance and erosion control. PUBLIC COMMENTS There were no public comments. ORAL COMMUNICATIONS Director Worthington proposed an agenda item for January 1997, for discussion of the opportunities available in franchising hauling operations. Mr. Hamers attended the trial of Mrs. Olcott versus the Costa Mesa Sanitary District. Mr. Hamers reported the jury returned a verdict of eleven to one in the District's favor. Mr. Hamers reminded Board members and Staff to contact Ms. Revak or Ms. Guastella regarding Ms. Reichle's retirement party. ADJOURNMENT At 7:53 p.m. President Ferryman adjourned the meeting. ) L .4 A( A JeA Se ary President