Minutes - Board - 1996-02-08COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held February 8, 1996
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Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in regular session on February 8, 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 Worthington 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; Dawn Guastella, Permit Specialist; Susan Temple,
Treasurer; Reba Coulter, Finance.
0 Others Present: None.
MINUTE APPROVAL
MINUTES OF REGULAR MEETING — JANUARY 11, 1996
Director Reade moved acceptance of the minutes of the regular meeting, January 11,
1996. Director Perry seconded. Motion to approve the minutes of the January 11, 1996
meeting was approved unanimously.
SPECIAL MEETING — JANUARY 25,1996
Director Schafer motioned to accept the minutes of the special meeting, January 25, 1996
seconded by Director Reade. The minutes of January 25, 1996 were approved
unanimously.
WRITTEN COMMUNICATIONS
Mr. Harriers stated he had nothing to present; no written communications were received.
Mr. Burns notified the Board that he was in receipt of a letter from an attorney
• representing Mr. Charles Chen requesting that the Board reconsider granting Mr. Chen's
request for refund of $5,051.76, fiscal years 1989 -1990 to 1994 -1995, for property
located at 2645 Santa Ana, Costa Mesa, CA, 92627, a seven —unit parcel, Parcel Number
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held February 8, 1996
Page 2
439 - 201 -32; a second refund request of $4,348.47 for fiscal years 1989 -1990 to 1994-
1995, for property located at 2641 Santa Ana, Costa Mesa, CA 92627, a six —unit parcel,
Parcel Number 439 - 201 -31; a third refund request for $4,021.64 for fiscal years 1991-
1992 to 1994 -1995 for property located at 2635 Santa Ana, Costa Mesa, CA 92627, a
seven —unit parcel, Parcel Number 439 - 201 -30. Mr. Chen applied for the refunds totaling
$13,421.87 on October 27, 1995, and the Board denied the refund at the November 9,
1995 meeting.
President Ferryman instructed Mr. Bums to keep the Board informed on this issue.
PUBLIC COMMENTS
There were no public comments made.
REPORTS
MANAGER'S REPORT
OCCUPANCY REPORT
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Mr. Hamers reported a decrease of 16 units in the occupancy report for solid waste •
collection as of February 1, 1996. Therefore, the total for February is 21,950. Staff
recommends acceptance of the count. Director Worthington motioned to accept the count
as presented. Director Perry seconded. Motion to accept the occupancy report approved
unanimously.
Mr. Hamers recommended that the Board direct staff to prepare a warrant for $158,757.76
to Costa Mesa Disposal on March 1, 1996 for payment for February trash collection based
on the February count of 21,950. Motion made by Director Perry, seconded by Director
Reade, and carried 5 -0.
REFUNDS
FRANK LEWIS
Mr. Hamers reported a refund request from Mr. Frank Lewis, dated December 4, 1995
for trash collection charges in the amount of $976.26, fiscal year 1995 -1996, for property
located at 2155 Canyon Drive, Costa Mesa, a six —unit parcel, Assessor's Parcel. No. 422-
041-48. Mr. Lewis was unaware of the exemption forms and was using a private trash
service.
Mr. Hamers advised the Board that Staff is recommending the refund of $976.26, •
according to Board policy. Director Perry motioned to approve the refund and issue a
permanent exemption. Director Schafer seconded. Motion to refund $976.26 to Mr.
Frank Lewis was approved unanimously.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held February 8, 1996
SHARON FREILICH
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Mr. Hamers reported a refund request from Ms. Sharon Freilich, dated January 11, 1996
for sewer and trash collection charges in the amount of $2,003.85 for the fiscal years
1992 -93 through 1995 -96, for property at 2210 Canyon, #E -1, a one —unit parcel,
Assessor's Parcel No. 422 - 078 -12. Ms. Freilich was incorrectly charged for four units.
Director Reade motioned to approve the refund of $212.64 sewer and $1,791.21 trash, for
a total refund of $2,003.85. Director Schafer seconded. Motion to refund $2,003.85 was
approved unanimously.
GARREN MAYER «
Mr. Hamers reported a refund request from Ms. Garren Mayer, received January 16, 1996
for trash collection charges in the amount of $147.56 for the fiscal year 1994 -95, for
property located at 2223 Pacific, #J, a one —unit parcel, Assessor's Parcel No. 931 -170-
17.
Mr. Hamers advised the Board of two factors related to Ms. Mayer's refund request.
Number one, there was a condition on the. development, which was completed in 1994,
that required the developer to file for exemption for all the units in the development.
Number two, Ms. Mayer paid her tax bill through escrow in September of 1994 and
never saw the tax bill or notification of exemption.
Director Reade motioned to approve the refund of $147.56 due to the extenuating special
circumstances and issue a permanent exemption. Director Schafer seconded the motion.
Motion to refund $147.56 to Ms. Mayer was approved unanimously.
SOURCE REDUCTION AND RECYCLING ELEMENT — AB939
STATUS OF CITY'S WASTE PROGRAM
Anti — Scavenging Solutions /Enforcement
Mr. Hamers presented an interoffice memorandum from Mr. William J. Morris, Director
of Public Services, dated January 25, 1996, to Mr. Rob Hamers, reflecting monthly police
department statistics for scavenging enforcement. One citation was issued out of 22 calls
for service.
Mr. Hamers further presented statistics reflecting the number of citations and prosecution
occurrences for trash scavenging compiled with assistance from Mr. Burns for the City
of Fountain Valley during the period January 17, 1995 through January 17, 1996. The
City of Fountain Valley prosecuted 61 scavenging cases during that period of time,
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held February 8, 1996
Page 4
Mr. Hamers advised the Board that he signed an official request to the Costa Mesa Police
Department to have an officer assigned to anti — scavenging enforcement scheduled to
commence on Tuesday, February 13. The initial schedule will provide for an officer on
Tuesdays and Thursdays, four hours a day, and will then rotate to other days.
For the commencement of the program, the police officer will pick up the foreman of
Costa Mesa Disposal, Mr. Ralph Perez, who will acquaint the officer with the areas most
frequently scavenged.
SRRE EDUCATIONAL PROGRAM
Household Hazardous Waste Grant
Mr. Hamers reported that he has received the signed copy from the State, and will be
having a meeting with the City of Costa Mesa and the City's consultant to establish a
timetable for events. Mr. Hamers will notify the Board when the meeting is confirmed.
Director Reade will attend as a Board representative.
Newsletter — Future Topics
Mr. Hamers reported that Staff is working on the newsletter and expects to mail in March
1996.
Ms. Reichle informed the Board that the newsletter is written and ready to go to the
graphics department for art work.
RECYCLING REPORTS
Waste Diversion Report for January 1996
Mr. Hamers reported 30.96% waste diversion for the month of January 1996.
Total Tonnage: 2,832.82 Tonnage Recycled: 877.06
Director Reade motioned to approve the Waste Diversion Report. Director Schafer
seconded. The Waste Diversion Report was approved unanimously.
President Ferryman advised the Board that Villa Park is at 60% waste diversion, and has
signed a green waste contract with their hauler. Since homes in Villa Park are on lots
from one —half acre upward, green waste is a major portion of their waste.
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Minutes - Board of Directors Meeting held February 8, 1996 Page 5
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Approve Contract Payment
Mr. Hamers recommended the approval of contract payment to CR Transfer for the month
of January 1996. Director Perry motioned for approval of payment to CR Transfer in the
amount of $129,573.20. Director Schafer seconded. Motion carried 5 -0.
LOCAL MEETINGS
Local Agency Formation Commission
Mr. Hamers informed the Board that he had received written communication from Dana
Smith, Executive Officer, Local Agency Formation Commission, dated January 29, 1996
addressed to Independent Special Districts Selection Committee, advising that Robert
Huntley's term as a special district representative expires on March .15, 1996. The letter
is requesting nominations to fill that seat. Nominations must be submitted no later than
February 28, 1996.
Mr. Hamers additionally introduced a letter from Dana Smith, Executive Officer, Local
Agency Formation Commission, dated January 30, 1996 with an attachment of Proposed
• Bylaws of the Special Districts Advisory Committee. This will be a 12— member
committee that will assist LAFCO by analyzing formations, annexations, reorganizations
and dissolutions. The letter is requesting comments from all Special Districts be
submitted by March 15, 1996. Mr. Hamers will forward any comments from the Board
members.
Director Reade requested that Mr. Burns read the bylaws and advise the Board of any
area he feels warrants their attention.
Independent Special Districts of Orange County
Director Schafer informed the Board that the next general meeting will be held on
February 29, 1996 at 7:00 p.m., and will feature Mr. Ralph Heim as speaker. Director
Reade suggested posting the meeting as a special meeting.
Orange County Sanitation Districts
Regular Meeting
President Ferryman informed the Board that the Orange County Sanitation Districts are
holding workshops, inviting people associated with Special Districts throughout the
County in an effort to provide information about the Orange County Sanitation Districts.
• President Ferryman further informed the Board that the landfill issue is still being actively
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pursued. President Ferryman provided a report that had been presented to the County.
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held February 8, 1996
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President Ferryman requested input of the Board on the takeover of the County landfills
by the Orange County Sanitation Districts. After discussion, the Board relayed their
confidence in Director Ferryman's decision on behalf of the District.
Orange County Sanitation District 99 Formation — Flow Control Agreements
Mr. Hamers introduced a letter dated January 17, 1996, from Donald McIntyre, General
Manager, County Sanitation Districts of Orange County, California, regarding the landfill
system acquisition update.
Mr. Hamers further introduced a letter from Thomas Woodruff, General Counsel, dated
January 10, 1996, regarding the membership on the proposed new County Sanitation
District for solid waste, District 99. Mr. Hamers pointed out that it specifically excludes
three cities, one being the City of Costa Mesa.
Mr. Hamers discussed a letter sent by Mr. Frank Benest, City Manager, City of Brea,
dated January 16, 1996, suggesting that the Board consider a flow control agreement to
direct trash to an Orange County landfill.
Mr. Hamers additionally presented a letter dated January 10, 1996 from Mr. Gregory
Upton, Supervisor, District 3, La Paz County Board of Supervisors clarifying the landfill's
environmental capabilities and financial backstops. Mr. Hamers advised the Board that
not all of the local landfills are up to current standards.
Mr. Hamers expressed Staffs apprehension that the model flow control ordinance directs
trash to Orange County landfills. Mr. Hamers voiced concern about the $35 a ton fee
slated to be imposed upon the local agencies, while imported trash fees are at $18 a ton.
Additionally, new landfills are being constructed in both Los Angeles County and San
Diego County, and the La Paz landfill in Arizona is making attractive offers to Orange
County agencies.
City of Costa Mesa Council Meeting Report
President Ferryman advised the Board that he attended the City of Costa Mesa Council
Meeting on Monday, February 5, 1996 and that an issue of interest involved the raising
of permit fees by approximately 40 %.
Ms. Reichle was acknowledged at the February 5, 1996 meeting for 30 years of service
to the City of Costa Mesa.
Director Perry informed the Board that he attended the City of Costa Mesa Council
Meeting on January 15, 1996 and that his presence at the meeting was noted. Director •
Perry reported that he had nothing to bring to the Board's attention regarding the contents
of the meeting.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held February 8, 1996 Page 7
TREASURER'S REPORTS
Financial Report
Ms. Temple presented the financial statement as of January 31, 1996. Motion to accept
the report as presented made by Director Perry, seconded by Director Reade. Motion to
accept the financial report as presented was approved unanimously.
Treasurer's Report of Monies on Deposit
Ms. Temple presented the report showing the District's portfolio for the month of January
1996. Director Perry motioned to approve the Treasurer's report. Director Schafer
seconded. Motion to accept the Treasurer's report approved unanimously.
Orange County Bankruptcy
Update
Consider Approval of Orange County Joint Agreement Regarding County
Bankruptcy
Ms. Temple gave a thorough update on the proposed Joint Agreement Plan of Adjustment
and Disclosure Statement, and provided a comprehensive list of questions and answers.
Ms.. Temple answered questions and recommended to the Board that they consider
approval of the agreement.
Director Perry motioned to approve the Orange County Joint Agreement. Director
Schafer seconded. Motion carried 5 -0.
1994 -1995 Audited Financial Statement
Ms. Temple presented the Audited Financial Statements for the years ending June 30,
1995, and 1994. Ms. Temple gave a thorough interpretation of the Financial Statements
and will have a special report from the auditors analyzing the District's investment
portfolio available for the March 14, 1996 meeting. The auditors will attend to answer
questions from the Board.
Director Worthington expressed confusion regarding the language in the portion of the
report pertaining to the relationship between the District and the City of Costa Mesa.
Ms. Temple will notify the auditors and request a change to clarify the document's
wording.
The Financial Statements were received and filed.
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Minutes — Board of Directors Meeting held February 8, 1996 Page 8
ENGINEER'S REPORT
Project Status Report
The Project Status Report was received and filed.
ATTORNEY'S REPORTS
Mr. Burns advised the Board of a new initiative being circulated by the Howard Jarvis
Taxpayers Association that may affect the way taxes, fees and assessments are imposed.
Mr. Burns recommended maintaining a watchful eye on the initiative.
Mr. Hamers will provide copies of information supplied by Mr. Burns to the Board for
their information.
OLD BUSINESS
Status Report — Pending Items
Mr. Hamers declared there is nothing to report, there are no pending items.
Creative Management Solutions — Financial Study
City /District Contract
Mr. Hamers reported that Ms. Temple has implemented the request made to the City to
monitor actual direct charges to the Costa Mesa Sanitary District. A report will be
available in the near future.
President Ferryman discussed a letter to the Board from Mr. Burns outlining an article
he observed in the Orange County Register regarding the relationship between the City
of Costa Mesa and the Costa Mesa Sanitary District.
Director Schafer recommended postponing discussion until Ms. Temple's report is
presented to the Board.
1995 Telephone Book Recycling Program Results
Ms. Reichle reported that the Telephone Book Recycling Program was a success with
33,645 telephone directories, or 69 tons, collected for recycling. By agreement with
Pacific Bell Directory and Simpson Paper Company, the San Gabriel Mill in Pomona paid
$100 per ton for the directories received in good condition. A total of $5,537 was rebated
to Costa Mesa Disposal for the telephone directories collected and delivered by Costa
Mesa Disposal. •
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held February 8, 1996 Page 9
Pacific. Bell Directories is planning to participate next year, and GTE and Donnelley
declined to participate this year, but will again be invited to participate in next year's
program.
Ms. Reichle submitted suggestions from both the Board and Staff for the disbursement
of the $5,537 received from the recycling of the telephone directories.
President Ferryman recommended that the Board give consideration to the disbursement
of the funds and return to this item at the March 1996 Costa Mesa Sanitary District
meeting.
1995 Christmas Tree Program Recycling Results
Ms. Reichle reported the 1995 Christmas tree recycling program, jointly sponsored by the
District, City of Costa Mesa and the Orange County Fairgrounds, was a resounding
success. Approximately 9,002 trees, or 166.54 tons of Christmas trees were turned in for
recycling.
The Costa Mesa Sanitary District provided and distributed 10,000 flyers and 100 posters,
prepared press releases, and arranged for television coverage. The City of Costa Mesa
contracted with Federal Disposal for the grinding of the trees and the Orange County
Fairgrounds provided an ideal location. The recycled trees were used for horse trails,
various coverings for the Fairgrounds and the City of Costa Mesa, with the remainder
used for soil erosion control. ,
President Ferryman commended Ms. Reichle for the excellent work done regarding the
recycling of the Christmas trees.
Chamber Community Summit — Disaster Preparedness Video Update
Director Schafer reported that the Chamber Community Summit is hoping to complete
the Disaster Preparedness Video for April, which is Disaster Preparedness Month.
Director Schafer advised that there will be a change of plans for the April event. Instead
of a large event held at the Fairgrounds, small private showings will be available for
interested participants, followed by visits to clubs and organizations to show the videotape
and give a presentation.
NEW BUSINESS
Sewer Occurrence — Sano Medical Center
Ms. Reichle presented a report on a plugged main sewer line at Sano Medical Center, 700
• W. 19th Street, that was cleared by the Sanitation crew. The request is for reimbursement
of plumbing charges in the amount of $156.00. Director Perry motioned to approve the
charges. Director Reade seconded the motion. Motion carried 5 -0.
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Minutes — Board of Directors Meeting held February 8, 1996 Page 10
WARRANT REPORT
Motion made by Director Perry, seconded by Director Reade, authorizing the President
and Secretary to sign Report No. 96 -08 instructing the Finance Department to draw a
warrant from the Costa Mesa Sanitary District General Fund in the amount of
$382,655.39. Motion carried 5 -0.
ORAL COMMUNICATIONS
Ms. Reichle presented a flyer regarding a Disaster Preparedness Academy Meeting to be
held at the Disneyland Hotel on May 7, 1996. Director Schafer will consider attending
the meeting.
Mr. Hamers presented information regarding a seminar on scavenging to be held on
Thursday, February 22, 1996 at the Radisson Hotel on MacArthur Blvd, Irvine.
Mr. Hamers commended Ms. Temple for her work on the Orange County bankruptcy and
keeping the Costa Mesa Sanitary District apprised of what was occurring.
Director Schafer presented a "Year in Review" report by County Supervisor, Jim Silva.
Director Schafer also advised that she had a copy of the Orange County Proposed Charter
for the Board's perusal.
Director Worthington spoke about a Chamber of Commerce breakfast he attended and
expressed his appreciation of John Moorlach's performance.
President Ferryman discussed the length of the Costa Mesa Sanitary District meetings and
suggested the implementation of a Consent Calendar to expedite the meetings.
Director Reade suggested scheduling a study session before the meetings to discuss the
agenda.
President Ferryman proposed revisiting the refund policy regarding trash refunds.
President Ferryman directed Staff to investigate the potential impact of expanding the
refund policy and to investigate other Special Districts regarding their refund policies.
ADJOURNMENT
At 7:56 p.m. President Ferryman adjourned the meeting.
Secretary President