Minutes - Board - 1996-08-08COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held August 8, 1996
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Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in regular session on August 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 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 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. Douglas Foster, 2191 Rural Lane, Costa Mesa.
CONSENT CALENDAR Mr. Hamers advised the Board of a correction to the
Consent Calendar. The refund request of Manouchehr
Malek was corrected to reflect a trash and sewer refund of
$2,634.82.
Approval On motion by Director Perry, seconded by Director Schafer,
and carried 5 -0, all Consent Calendar items, after
correction to the refund, were approved as recommended.
MINUTES
Approved Minutes of
Special Meeting,
July 8, 1996
Approved Minutes of
Regular Meeting,
• July 11,'1996
The minutes for the special meeting of July 8, 1996, were
approved as distributed.
The minutes for the regular meeting of July 11, 1996, were
approved as distributed.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996
REPORTS
MANAGER'S REPORTS
Page 2
Approved Occupancy' Report The Trash Occupancy Count reflected a decrease of 5 units
and payment of in the occupancy report for solid waste collection as of
$160,832.05 to Costa Mesa August 1, 1996. Therefore, the total for August is 21,898.
Disposal for trash collection Board directed Staff to prepare a warrant for $160,832.05
services for August 1996 to Costa Mesa Disposal on September 1, 1996, for payment
for August trash collection based on the August count of
21,898.
PROOF OF OUTSIDE
TRASH SERVICE AND
SIGNED STATEMENTS
Approved payment of In accordance with Resolution No. 96 -584, adopted by the
$1,818.72 to Costa Mesa Sanitary District on April 17, 1996, a trash
Ms. Madeline DiCarlo refund request from Ms. Madeline DiCarlo was approved in
the amount of $1,818.72 for property located at 725 James
• Street, a four —unit parcel, Assessor's Parcel No. 424 -053-
05, for fiscal years 1993 -94, 1994 -95 and 1995 -96.
Ms. DiCarlo 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 the
2,634.82 to Costa Mesa Sanitary District on April 17, 1996, a trash and
Mr. Manouchehr Malek sewer refund request from Mr. Manouchehr Malek was
approved in the amount of $2,634.82, for property located
at 1940 Maple Avenue, a sixteen —unit parcel, Assessor's
Parcel No. 422 - 103 -40. Mr. Malek requested a refund of
$2,599.38 trash and $35.44 sewer, a total of $2,634.82, for
fiscal year 1993 -94. Fiscal year 1994 -95 was refunded on
July 1.3, 1995.
Mr. Malek 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 the
• $310.27 to Costa Mesa Sanitary District on April 17, 1996, a trash
Ms. Lois Neesen refund request from Ms. Lois Neesen was approved in the
amount of $310.27 for property located at 2223 Pacific
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996
Page 3
Ave, Unit B, Costa Mesa, CA, a one —unit parcel, Assessor's
Parcel Number 931 - 170 -10, for fiscal years 1994 -95 and
1995 -96.
Ms. Neesen 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 the
$1.732.92 to Costa Mesa Sanitary District on April 17, 1996, a trash
Mr. G. R. Shashaani refund request from Mr. G. R. Shashaani was approved in
the amount of $1,732.92 for property located at 370
Avocado, Costa Mesa, CA, a twelve —unit parcel, Assessor's
Parcel Number 419 - 061 -25, for fiscal year 1993 -94.
Fiscal year 1994 -95 was refunded May 11, 1995.
Mr. Shashaani has provided evidence of outside trash
service and a signed statement as required by the Costa
Mesa Sanitary District.
Approved payment of hn accordance with Resolution No. 96 -584, adopted by the
$291.97 to Costa Mesa Sanitary District on April 17, 1996, a trash
Mr. Mason Steel refund request from Mr. Mason Steel was approved in the
amount of $291.97 for property located at 1027 Sea Breeze,
Costa Mesa, CA, a one —unit parcel, Assessor's Parcel
Number 935- 290 -10, for fiscal years 1993 -94 and 1994-
95.
Mr. Steel has provided evidence of outside trash service and
a signed statement as required by the Costa Mesa Sanitary
District.
RECYCLING REPORTS
Waste Diversion Report July The Waste Diversion Report for July 1996 showing a
1996 was received and filed 32.83% diversion rate was received 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 July 1996
$117,621.86 in the amount of $117,621.86.
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996 Page 4
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TREASURER'S
REPORTS
Financial Report as of The Financial Report as of July 31, 1996, was accepted as
July 31., 1996, was received submitted.
and filed
Report of Monies on The Report of Monies on Deposit as of July 31, 1996, was
Deposit as of July 31., 1996, accepted as submitted.
was received and filed
Approved Warrant 97 -02 Warrant Resolution #CMSD 97 -02 was approved,
for August 1996, in the authorizing the President and Secretary to sign the warrant
amount of $403,192.06 and instructing the Finance Department to draw a warrant
from the Costa Mesa Sanitary District General Fund in the
amount of $403,192.06.
ENGINEER'S REPORTS
• Project Status Report was The Project Status Report for August 1, 1996, was accepted
received and filed as submitted.
WRITTEN COMMUNICATIONS
Mr. Hamers advised the Board there were no written communications.
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, Sr.
Code Enforcement Officer, Dated August 8, 1996. The memorandum contains a very
comprehensive summary of enforcement activity occurring from July 15, 1996 to August
8, 1996, with dates, times and actions taken. From July 15 to August 8, 1996, three
citations were issued and one violation notice was given to a scavenger seen scavenging
in a county area and then driving into Costa Mesa.
• Ms. Benson's report notes some scavengers have indicated the property owners have given
permission to pick up recyclables. The code enforcement officer will not issue a citation
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COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held August 8, 1996
Page 5
to scavengers carrying authorization letters from homeowners with permission to remove
items held specifically for them in a location other than the curbside trash pickup area.
Director Worthington recommended including an in -depth article detailing recycling
regulations in the September newsletter.
Mr. Hamers reported receipt of an interoffice memorandum dated July 23, 1996, from
Mr. William J. Morris, Director of Public Services, City of Costa Mesa, reflecting the
June 1996 statistics for scavenging enforcement. There were four citations out of twenty -
three calls for service.
Mr. Hamers further reported that the City of Irvine received a $21,500 grant from the
State of California to assist in enforcing anti - scavenging and will be utilizing the grant
to hire a patrol officer and offer additional anti- scavenging education.
SRRE EDUCATIONAL PROGRAM
Household Hazardous Waste Grant
• Ms. Reichle reported the date for the household hazardous waste grant program has been
set at September 21, 1996, at the City Corporation Yard. Ms. Reichle noted the flyer was
currently being printed and that she was very pleased with the flyer's appearance. The
flyer will be included with the Community Report distributed at the end of August.
ADDITION OF PHONE NUMBERS TO TAX BILLS
Mr. Hamers introduced the proposed layout for the 1996 -97 Secured Property Tax Bill
from Mr. Steven E. Lewis, Auditor- Controller, dated July 15, 1996. The proposed tax
bill will include telephone numbers for each special assessment to allow taxpayers to call
directly to the agency when they have questions rather than calling the County first.
ENGINEER'S REPORTS
Project 128 - Mesa /Birch Sewer Realignment
Agreement with Orange County Development Agency
Mr. Hamers introduced a proposed agreement, No. D96 -093, from Ms. Tina Taverner,
Chief, Utilities Section of the Environmental Management Agency, for the Mesa /Birch
road- widening project. The agreement provides for the Costa Mesa Sanitary District to
pay for the realignment cost of the sewer with regard to the realigning of the road. The
County of Orange will absorb the upsizing cost due to the rezoning. The realignment cost
is estimated to be $43,050. Billing will be for actual construction costs.
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COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held August 8, 1996
Page 6
Director Reade motioned to approve the Mesa /Birch sewer realignment agreement as
submitted and to deposit $43,050 with the County. Director Perry seconded. Motion
carried unanimously.
Tract No. 15211 Northeast Corner of Paularino and Bear
Proposed Sewer Easement
Mr. Hamers introduced a proposed sewer easement being dedicated by the developer,
Polygon South Coast Associates, L.P., a Washington Limited Partnership, for the 79
single- family home tract at the northeast corner of Bear Street and Paularino Avenue.
The Manager /District Engineer and General Counsel have reviewed the document and find
it satisfactory.
Director Schafer motioned to accept the sewer easement. Director Reade seconded.
Motion carried unanimously.
TREASURER'S REPORTS
. Orange County Bankruptcy
Update
Ms. Temple distributed a summarized schedule showing the monies received from the
County. The District has received $161,204.44 in distributions as of July 18, 1996. Of
that amount, $137,873.34 represents principal reduction against the claims filed,
$11,965.41. represents postpetition interest earnings received, and $11,365.69 represents
additional recoveries of investment balances discovered during an audit of County
Treasurer records.
Local Agency Investment Fund (LAIF) Presentation
Ms. Temple reported on the meeting attended by President Ferryman and Director Schafer
and Ms. Temple. Ms. Temple presented a brochure entitled The Local Agency Investment
Fund Answer Book to Board members and Staff. Ms. Temple reported the brochure
explains the internal controls set up for LAIF in terms of safekeeping and investment
procedures.
Update on New Refund Policy Effects
Ms. Temple presented a report prepared at Director Worthington's request regarding the
• District's new refund policy. Ms. Temple reported the District has refunded
approximately $106,000 to property owners who were assessed and paid trash fees to the
District in error over the last three years. Ms. Temple estimated that Costa Mesa
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996
Page 7
Disposal was overpaid approximately $58,300 due to the fact that they are paid based on
occupancy counts. Additionally, $47,700 was "underassessed" due to the incorrect count.
Ms: Temple felt that the 1996 -97 budget was sufficient to provide for the current refunds,
but recommended adjusting the 1997 -98 trash assessment should the refunds adversely
affect the 1996 -97 budget.
Ms. Temple advised the Board to consider amending the District's contract with Costa
Mesa Disposal to provide reimbursement to the District for payments made to Costa Mesa
Disposal for services not rendered.
ATTORNEY'S REPORTS
2191 Rural Lane — Request for District Construction of Sewer Lateral
Mr. Burns researched Mr. Foster's request that the District absorb the cost of installing
a lateral to the sewer main for his home located at 2191 Rural Lane. Mr. Burns' research
determined that annual fees and charges collected by the District could not be utilized to
acquire or construct local street sewers or laterals. Additionally, records for the area in
• question indicate laterals being installed in the years 1957 -1961 by various contractors
indicating homeowners seeking connection hired their own engineer and contractor for
the lateral installation. Mr. Burns informed the Board the lateral would have to be paid
for by Mr. Foster.
On motion by Director Reade, seconded by Director Perry, the request was denied.
Motion carried 5 -0.
President Ferryman recommended Mr. Foster contact Ms. Guastella to obtain paperwork
to file for a refund of sewer services not received.
New Appellate Decision Clarifying When Recyclables Enter Waste Stream
Mr. Burns informed the Board of a decision by the Courts in City of San Marcos v. Coast
Waste Management in which the Court determined if a customer pays to have goods
collected, it has discarded the goods and they became the property of the City's
franchisee. Therefore, any goods placed on the curb on collection day become the
property of the Costa Mesa Sanitary District.
Charles Chen vs. Costa Mesa Sanitary District
Mr. Burns informed the Board that Mr. Charles Chen was dissatisfied with the Board's
• new refund policy and has filed a lawsuit in small claims court. Ms. Reichle will attend
on behalf of the District on Wednesday, August 14, 1996.
COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996
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LOCAL MEETINGS
Local Agency Formation Commission (LAFCO)
Special Districts Advisory Committee Meeting
Page 8
Director Schafer presented a Staff report for the Board's perusal and described the
proceedings stating they were similar to a hearing in format and quite impressive.
Director Schafer informed the Board the next meeting will be held in September.
Garden Grove /Garden Grove Sanitary District Hearing - August 7, 1996
President Ferryman advised the Board there was a five -to -two decision to have the
Garden Grove Sanitary District become a subsidiary district of the City of Garden Grove.
Independent Special Districts of Orange County (ISDOC)
Director Schafer informed the Board that August 29, 1996, will be the next quarterly
meeting and she was invited to speak on behalf of the District. President Ferryman
directed Staff to notice the meeting as a special meeting. Ms. Revak will contact Board
members with a reminder.
Orange County Sanitation Districts (OCSD)
Regular Meeting
President Ferryman informed the Board that a new Joint- Chairman, Mr. John Collins, was
elected at the last meeting. Mr. Peer Swan was elected as Vice- Chairman.
City of Costa Mesa Council Meeting Report
July 15, 1996
Director Perry attended the July 15, 1996, meeting and reported there was nothing
involving the District.
August 5, 1996
Director Schafer attended the August 5, 1996, meeting and reported the items discussed
included the Orange County Fairgrounds lawsuit with the City.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996
OLD BUSINESS
Creative Management Solutions - Financial Study
City /District Contract
Mr. Hamers had nothing to report.
Assembly Bill 2109
Page 9
Ms. Revak presented a copy of AB 2109 as amended in the Senate on August 7, 1996.
The Bill, known as the Orange County Special District Efficiency Act, will go to the
Senate Appropriations Committee on August 12 and if it passes, it will go on to the
Senate floor.
Telephone Book Recycling Program
Press Release
Ms. Reichle presented a copy of the press release sent to three newspapers, to provide
is information about the schools' involvement in the 8th annual telephone book recycling
program.
Ms. Reichle also provided a copy of the article submitted for the Fall Community
Report /Recreation Gazette.
Additionally, Ms. Reichle provided a copy of an article appearing in the Costa Mesa
Breeze, on August 1, 1996, outlining the program and inviting telephone calls for
additional information.
CR Transfer's Use of Landfills
Mr. Hamers presented a letter from Mr. Michael J. Silva, President, CR Transfer, dated
August 5, 1996. Mr. Silva estimated 75% of the District's residual has gone to one of the
two waste -to- energy plants in Los Angeles County, with the balance going to the Orange
County landfills.
Mr. Hamers calculated that CR Transfer is saving approximately $6,000 per month
utilizing the waste -to- energy plants.
President Ferryman instructed Staff to contact Mr. Silva and initiate conversation
regarding the District's joint participation in the savings CR Transfer is currently enjoying
due to the utilization of the waste-to-energy plants.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held August 8, 1996
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NEW BUSINESS
Proposed Trash Collection Field Survey
Page 10
Mr. Hamers presented a proposal to utilize the City's personnel department to begin the
hiring process and hire a General Aide II to ride along with the trash collectors to confirm
collection locations or nonparticipation in trash collection services. Mr. Hamers projected
the project will take approximately four months at a cost not to exceed $12,500. When
the project is completed, the District computer records will be matched to the field study
report.
Mr. Burns suggested inviting Costa Mesa Disposal to participate in establishing a precise
occupancy count.
Director Reade motioned to approve the hiring of a General Aide II to ascertain a precise
occupancy count, not to exceed $12,500, and the issuance of an invitation to Costa Mesa
Disposal to participate. Director Schafer seconded. Motion carried unanimously.
Large Item Collection
Ms. Reichle presented a pictorial report on the first six weeks of the ten —week large item
collection program; 243.49 tons, averaging 40.58 tons per week, have been collected to
date.
Ms. Reichle reported scavengers are taking most of the metallic goods, i.e., washers,
dryers and refrigerators.
Director Schafer commended the program, stating pickup in her area was very efficient.
California Special Districts Association (CSDA) Bylaws
Mr. Hamers presented a letter from Mr. Lee Howard, President of the CSDA, dated July
1996, containing proposed bylaw changes.
Director Reade motioned to approve the proposed bylaws, Amendments #1, #2, and #3,
for the CSDA. Director Schafer seconded. Motion carried unanimously.
PUBLIC COMMENTS
There were no public comments.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held August 8, 1996
ORAL COMMUNICATIONS
Page 11
Director Reade thanked the Board and Staff for the condolence card sent in remembrance
of the passing of Director Reade's brother.
Director Schafer commended Staff for their outstanding job of keeping the Board apprised
of pertinent information through faxes and phone calls.
Mr. Flamers advised the Board that the mayor of Santa Ana was fined $40 for filing his
campaign disclosure statement four days late and reminded the Board members of the
importance of filing their disclosures on time.
President Ferryman stated he was unable to attend the August 19, 1996, Council meeting.
Director Worthington offered to trade his assigned meeting date of September 16, 1996,
and will attend the August 19 Council meeting.
President Ferryman reminded Board members of the Special Districts conference on
September 22 -25, 1996, in South Lake Tahoe.
• ADJOURNMENT
At 7:40 p.m. President Ferryman adjourned the meeting.
President