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Minutes - Board - 1996-03-1411 • • COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held March 14, 1996 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on March 14, 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 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 Flamers, Manager/Engineer; Alan Burns, General Counsel; Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist; Joan Revak, Administrative Secretary; Susan Temple, Treasurer; Reba Coulter, Finance. Others Present: Mr. Ken Al —Imam, Conrad & Associates, L.L.P., Certified Public Accountants, 1100 Main Street, Suite C, Irvine, CA 92714. CONSENT CALENDAR On motion by Director Perry, seconded by Director Reade, MOTION /Approved and carried 5 -0, all Consent Calendar items were approved as recommended. MINUTES Approved Minutes of Regular Meeting, February 8, 1996 Approved Minutes of Special Meeting, February 22, 1996 Approved Minutes of Special Meeting, February 29, 1996 The minutes for the regular meeting of February 8, 1996, were approved as distributed. The minutes for the special meeting of February 22, 1996, were approved as distributed. The minutes of the special meeting of February 29, 1996, were approved as distributed. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Page 2 • REPORTS MANAGER'S REPORTS Approved Occupancy Report The Trash Occupancy Count reflected a decrease of 6 units and payment of in the occupancy report for solid waste collection as of $158,714.37 to Costa Mesa March 1, 1996. Therefore, the total for March is 21,944. Disposal for trash collection Board directed staff to prepare a warrant for $158,714.37 to services for March 1996 Costa Mesa Disposal on April 1, 1996, for payment for March trash collection based on the March count of 21,944. REFUND REQUESTS Approved refund of $406.75 Mr. Rodney Brown submitted a trash refund request dated to Rodney Brown January 10, 1996, for property located at 2643 Orange Avenue, a six -unit parcel, Assessor's Parcel No. 439 -221- 39, requesting refund of $406.75 for fiscal year 1995 -96. Mr. Brown advised that his tenants were using a dumpster that he provided. The charge was prorated for five months. A permanent exemption was issued. • RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for February 1996 showing a February 1996 was received 31.14% diversion rate was received and filed. and filed Approved Contract Payment The Board approved contract payment to CR Transfer for to CR Transfer for . recycling services and disposal for the month of February $113,967.16 1996 in the amount of $113,967.16 . TREASURER'S REPORTS Financial Report as of The Financial Report as of February 29, 1996, was accepted February 29, 1996, was as submitted. received and filed Report of Monies on The Report of Monies on Deposit as of February 29, 1996, Deposit as of February 29, was accepted as submitted. 1996, was received and filed n LJ • • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Page 3 Approved Warrant 96 -09 Warrant Resolution #CMSD 96 -09 was approved for March 1996, in the authorizing the President and Secretary to sign the warrant amount of $451,345.73 and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $451,345.73. ENGINEER'S REPORTS Project Status Report was The Project Status Report for March 1, 1996, was accepted received and filed as submitted. WRITTEN COMMUNICATIONS Mr. Hamers informed the Board of the California Resource Recovery Association conference to be held in Newport Beach on June 16 — 18, 1996, at the Hyatt Newporter. Mr. Hamers advised any Directors wishing to attend the conference contact Mr. Hamers or Ms. Reichle and reservations will be made for them. MANAGER'S REPORTS SOURCE REDUCTION AND RECYCLING ELEMENT — AB939 STATUS OF CITY'S WASTE PROGRAM Anti — Scavenging Solutions /Enforcement Mr. Hamers conveyed the results of the letter Staff prepared and sent to the Costa Mesa Police Department to suggest a possible resolution to the difficulty of supplying an officer for a four —hour increment. Mr. Hamers suggested having the night shift officers provide one to two hours of coverage after their shift or the morning shift officers providing one to two hours before their shift. Ms. Guastella related that there have been three officers providing service with two citations issued and approximately six people given verbal warnings. Ms. Guastella further related that Sergeant Walker recommended using reserve officers exclusively instead of using police officers before or after their shifts. Sergeant Walker has agreed to assemble the citation information and submit a report to Ms. Guastella. Mr. Hamers discussed the February 22, 1996, seminar at the Radisson Hotel in Irvine on scavenging attended by Staff and Directors Perry, Reade and Schafer. Ms. Guastella prepared notes on the seminar to present further ideas to enhance the anti — scavenging program. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Page 4 Mr. Hamers presented a copy of the memorandum of understanding for police services related to scavenging enforcement between the Costa Mesa Sanitary District and the City of Costa Mesa drafted by Mr. Alan Burns, General Counsel. Mr. Burns explained that the document the City utilized to implement the anti — scavenging program was inadequate for the purpose and therefore a new document was drafted to further define the expectations and desires of the Costa Mesa Sanitary District. Mr. Hamers expressed that the theme of the seminar on February 22, 1996, was to make anti— scavenging a priority with the City Council. President Ferryman determined that it would be beneficial to contact Mayor Joe Erickson and relay a synopsis of the scavenging situation. President Ferryman will arrange a meeting with Mayor Erickson and Rob Hamers. Mr. Hamers presented a report from the Costa Mesa Police Department reflecting the January 1996 statistics, including statistics for scavenging enforcement. There were no citations issued out of 16 calls for service. SRRE EDUCATIONAL. PROGRAM iHousehold Hazardous Waste Grant Mr. Hamers reported on a meeting attended by Director Reade and the Costa Mesa Sanitary District Staff with the City of Costa Mesa and the City's consultant. Mr. Hamers reported the program was currently being worked on and that letters were being prepared to send to the State to attempt to initiate the funding. Mr. Hamers also reported the survey form and the reservation form for the drop —off event were being designed. TREASURER'S REPORTS Orange County Bankruptcy Update Ms. Temple advised the Board of a pending meeting on Tuesday, March 19, 1996, with the County to resolve claims and to provide information to the County to facilitate recovery for the Costa Mesa Sanitary District. Ms. Temple advised the Board that she is a deponent in the lawsuit between Orange County and Merrill Lynch, and that the City of Costa Mesa will retain counsel for her in • that matter. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Auditor's Report on Investment Portfolio for Calendar Year 1995 Page 5 Ms. Temple presented Mr. Ken Al -Imam from Conrad & Associates, L.L.P., Certified Public Accountants, to answer questions regarding his company's report on the District's investment portfolio. Mr. Al -Imam explained that the purpose of this special audit was to ascertain the adequacy of reporting in the monthly treasurer's reports and in the procedures that are used by the Treasurer to manage the investments of the District. Mr. Al -Imam discussed his findings with the Board and expressed his satisfaction with the District's portfolio and the investment procedures. Mr. Al -Imam answered questions posed to him by the Board and Staff. Ms. Temple informed the Board that the oversight committee for the City of Costa Mesa will be holding a meeting with representatives from LAIF and welcomed the Board's attendance at that meeting. ATTORNEY'S REPORTS Ordinance No. 26 - Establishes Bidding Regulations Mr. Burns reviewed the bidding regulations at Mr. Hamers' request and drafted an ordinance to provide further clarification to outline the bidding regulations and determine the Manager's authority with respect to the signing of contracts. Mr. Burns introduced Ordinance No. 26, AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING BIDDING REGULATIONS AND AUTHORIZING THE EXECUTION OF CERTAIN DISTRICT DOCUMENTS BY THE MANAGER. A motion was made by Director Schafer, seconded by Director Perry, and carried 5 -0, to adopt Ordinance No. 26 and the Clerk instructed to have the ordinance published. The ordinance will be in effect one week after publication. LOCAL MEETINGS Local Agency Formation Commission Mr. Hamers stated that LAFCO's agenda reflected that they were going to do an update on the Garden Grove reorganization, but he has not received any information. Mr. Hamers presented a correspondence from Dana Smith, Executive Officer, Local Agency Formation Commission, dated February 29, 1996, concerning the election of a Special District LAFCO Representative. After reviewing the nominees, it was the • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 1.4, 1996 Page 6 consensus of the Board to authorize signature to the ballot showing a vote for Mr. Robert Huntley. Independent Special Districts of Orange County Mr. Hamers related the events of the meeting of February 29, 1996, where Mr. Ralph Heim spoke. Mr. Hamers relayed a suggestion by Mr. Heim to contact Assemblyman Curt Pringle to inform him of the District's feeling on special districts in general. Director Schafer recommended writing a letter to Assemblyman Pringle highlighting various accomplishments of the Costa Mesa Sanitary District and things that make the District unique. Mr. Hamers suggested requesting a meeting with Assemblyman Pringle where Directors and Staff acquaint him with the Costa Mesa Sanitary District and their operations. President Ferryman directed Staff to prepare a letter to Assemblyman Pringle requesting a meeting. Orange County Sanitation Districts • Adjourned Meeting — February 14,1996 President Ferryman discussed the sewage spill that occurred in Newport Beach from an Orange County Sanitation District pumping station malfunction causing approximately $500,000 in damages. President Ferryman said procedures have been revised to prevent a similar occurrence. District 99 Formation — Flow Control Agreements President Ferryman reported that the landfill purchase was no longer under consideration. City of Costa Mesa Council Meeting Report February 20, 1996 Director Perry reported that he attended the meeting but was unable to stay for the entire meeting. There was nothing to report. March 4,1996 Director Reade reported that he attended the meeting and the focus of the meeting was on the school district's property, and that no decision was reached. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Chamber of Commerce Legislative Committee Page 7 Director Schafer reported that there was no meeting held during the month of February. Director Schafer will attend the March meeting and will supply an update at the April 17, 1996, meeting. OLD BUSINESS Creative Management Solutions - Financial Study City /District Contract Mr. Hamers reported that Ms. Temple is still tracking the labor charges and a report will be prepared when the information has been accumulated. Mr. Hamers related that Staff is very pleased with the addition of Ms. Revak to the staff as Administrative Secretary enabling Staff to serve the public with more efficiency and thoroughness. Chamber of Commerce Summit Committee - February 27, 1996 • Disaster Preparedness Video Update Director Schafer reported that the Disaster Preparedness Committee presented a program to update the Chamber of Commerce Summit Committee on the video and how they were going to solicit funding. Director Schafer introduced a letter from Mr. Ed Fawcett, Executive Director, Costa Mesa Chamber of Commerce, dated March 5, 1996, requesting the Costa Mesa Sanitary District share in the cost of the preparation and distribution of the emergency preparedness manual and video. The District's share would be approximately $2,270. Mr. Hamers suggested the Costa Mesa Sanitary District's seal be included on the cover of the Earthquake Preparedness Manual. A motion was made by Director Perry, seconded by Director Reade, and carried 5 -0, to grant payment, not to exceed $2,270, to the Costa Mesa Chamber of Commerce to assist in the production costs for the disaster preparedness manual and video with a request to include the Costa Mesa Sanitary District's seal on the cover. President Ferryman will contact Mr. Fawcett to determine the final amount before the warrant is prepared. • • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Use of 1995 Telephone Book Recycling Rebate Page 8 Mr. Harriers introduced a suggestion by Director Perry to utilize the $5,537 rebate received from the 1995 telephone directory recycling program to provide incentive for the P.T.S.A.s from all Costa Mesa public schools to become involved in the collection process for the 1996 recycling program. Director Perry's proposal provides for an initial sponsorship of $200 to each participating elementary school, $1,000 for each participating high school and $500 for each participating junior high school. Director Perry further proposed that each elementary or high school collecting the most telephone books receive an additional $500 bonus. Director Worthington proposed to utilize a portion of the funds in a matching fund incentive program rather than donate the funds. Director Worthington suggested that the Costa Mesa Sanitary District match the amount generated by the recycling of telephone books gathered by each participating school. Director Worthington further suggested that each school furnish the children with a tangible target to work towards, such as playground equipment or benches on the school grounds, to better demonstrate how the money generated by the recycling program will • be used. Director Worthington suggested challenging the schools, and individual classrooms within each school, to promote enthusiasm for the program. Director Perry advised the Board that P.T.S.A. presidents are selected at the end of a school year and would be in place by the following September for the new school year. Director Perry proposed meeting with the P.T.S.A. presidents in September to allow them to contribute ideas to maximize the program. Mr. Hamers suggested Staff combine the suggestions of both Director Perry and Director Worthington and return a proposed plan at the April 17 meeting. Ms. Reichle suggested issuing an invitation to all of the eligible haulers in the City of Costa Mesa to participate in the program for 1996. NEW BUSINESS Consideration of Revised Refund Policy from one year to three years Mr. Flamers expressed concern over the current District Refund Policy of approving trash and sewer refund requests for the current fiscal year only. Mr. Flamers proposed revising the refund request limitation to three years, which is the maximum that the statutes allow. • Ms. Guastella provided a detailed report on the approximate cost to the District if the policy were revised, based upon previously received refund requests which were denied by the Board. The projected amount of $11,534.39 would vary depending upon the COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held March 14, 1996 Page 9 number of people who will apply for back refunds upon learning they are possibly eligible under the revised maximum limitation schedule. Ms. Guastella advised the Board that there were also people who, upon learning that no refund would be granted, did not proceed with filing the paperwork. Those people would possibly be eligible, and there is no record of the number of applicants that would fall into that category. Mr. Burns related to the Board that Mr. Chen's attorney has contacted him regarding a possible lawsuit because of Mr. Chen's failure to receive a refund. President Ferryman directed Staff to revise the current refund policy to extend the refund period to three years and submit the revised policy for the Board's adoption at the April 17, 1996, Board meeting. Director Schafer recommended revising the refund request forms with the inclusion of the statutes that pertain to the refunds. Mr. Burns suggested the inclusion of a provision explaining the Statute of Limitation Policy and Code of Civil Procedure number, and that refunds in excess of that would be a gift of public funds prohibited under the California Constitution. Mr. Harriers made some suggestions on methods of notification. Chamber of Commerce Membership Renewal Mr. Hamers presented an invoice from the Costa Mesa Chamber of Commerce, dated February 1, 1996, notifying the District of membership renewal dues in the amount of $345.00. Director Reade motioned to renew the membership, Director Perry seconded. The motion carried 5 -0. PUBLIC COMMENTS There were no members of the public in attendance at the meeting, therefore there were no public comments. ORAL COMMUNICATIONS Director Perry brought the Board's attention to the fact that the April 11, 1996, Board meeting is scheduled to occur during Easter vacation. As three Directors will be out of town President Ferryman directed Staff to reschedule the meeting to April 17, 1996, at 12:00 noon. • ,. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held March 14, 1996 Page 10 is Mr. Hamers advised the Board of a meeting at Mesa Consolidated Water District on March 25, 1996, at 11:00 a.m., sponsored by Mr. Ed Fawcett and the Costa Mesa Chamber of Commerce to discuss the Santa Ana Heights Water Company sale. All Board members wishing to attend are to contact Ms. Reichle for reservations. Ms. Guastella reported that she is on the Environmental Committee for the Chamber of Commerce and the Committee is looking for exemplary companies to be recognized for their efforts in environmental practices. Ms. Guastella requested that Board members advise her of any qualified companies with commendable environmental practices to be nominated for an award. Director Schafer requested holding a study session on scavenging after President Ferryman's meeting with Mayor Erickson to investigate the implementation of suggestions received at the recent seminar. Ms. Reichle acknowledged that two members of the field crew had received awards for service to the City of Costa Mesa: Chris Boyd for 15 years of service, and Don Brown for 20 years of service. Staff prepared cards to recognize their service. Ms. Temple and Ms. Coulter also received recognition awards for five years of service • to the City of Costa Mesa. Director Worthington requested the Board review the District ordinance regarding the practice of leaving trash containers in front yards in direct view of the street. The current ordinance calls for removal from the parkway. Director Worthington suggested revising the ordinance to require trash containers be behind fences and removed from view. Mr. Burns suggested taking pictures of trash containers left in view and writing a declaration of what was seen and referring it to the District Attorney requesting them to issue an arraignment letter. ADJOURNMENT At 7:45 p.m. President Ferryman adjourned the meeting. Secretary Presided is