Minutes - Board - 1997-02-13•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 13, 1997
CALL TO ORDER:
The Board of Directors of the Costa
Mesa Sanitary District met in regular
session on February 13, 1997, 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 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 Hamers, Manager /Engineer; Alan
Burns, General Counsel; Florine Reichle,
Assistant Manager Consultant; Joan
Revak, Clerk of the District; Susan
Temple, Treasurer; Reba Coulter,
Finance; Dawn Guastella, Permit
Specialist.
Others Present: Ms. Judy Ware
Ware Disposal Co., Inc.
P. 0. Box 8206
Newport Beach, CA 92688;
Ms. Madeline Arakelian
South Coast Refuse
2021 Business Center Drive, #114
Irvine, CA 92715;
Mr. Steve B. Julian
The Julian Company
31878 Del Obispo, Suite 1118 -359
San Juan Capistrano, CA 92675;
Ms. Delores Otting
Five Star Rubbish
P. 0. Box 9278
Newport Beach, CA 92658 -9278
COSTA MESA SANITARY DISTRICT 2
MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997
CONSENT CALENDAR
On motion by Director Reade, seconded by Director Perry, two items were
removed from the Consent Calendar: refund for Wanda Baran, pulled for
recalculation to be brought back at the March Board meeting and the Investment
Oversight Committee Meeting report.
On motion by Director Perry, seconded by Director Schafer, and carried 5 -0, the
remaining Consent Calendar items were approved as recommended.
MINUTES
Approved Minutes of
Regular Meeting,
January 9, 1997
Receive Study
Session report,
January 22, 1997
REPORTS
MANAGER'S REPORTS
The minutes for the regular meeting of January 9,
1997, were approved as distributed.
The report for the study session of January 22, 1997,
was received and filed.
Approved Occupancy The Trash Occupancy Count reflected a decrease of
Report and payment of four units in the occupancy report for solid waste
$160,832.05 to Costa collection as of February 1, 1997. Therefore, the total
Mesa Disposal for trash for February is 21,898. Board, directed Staff to prepare
collection services for a warrant for $160,832.05 to Costa Mesa Disposal on
February 1997 March 1, 1997, for payment for February Trash
collection based on the February count of 21,898.
REFUNDS
Approved payment of In accordance with Resolution No. 96 -584, adopted by
$1,301.68 to the Costa Mesa Sanitary District on April 17, 1996, a
Mr. Brian Williams trash refund request from Mr. Brian Williams was
approved in the amount of $1,301.68 for property
located at 807/814 W. 18th Street, a four -unit parcel,
Assessor's Parcel No. 424 - 182 -25 for fiscal years
1995 -1996 and 1996 -1997.
Mr. Williams has provided evidence of outside trash
service and a signed statement as required by the
Costa Mesa Sanitary District.
` COSTA MESA SANITARY DISTRICT 3
MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997
• RECYCLING REPORTS
Waste Diversion Report The Waste Diversion Report for January 1997 showing
January 1997 was a 32.64% diversion rate was received.and filed.
received and filed
Approved Contract The Board approved contract payment to CR Transfer
Payment to CR Transfer for recycling services and disposal for the month of
for $111,960.74 January 1997 in the amount of $111,960.74
TREASURERS REPORTS
Financial Report as of The Financial Report as of January 31, 1997, was
January 31, 1997, was accepted as submitted.
received and filed
Report of Monies on The Report of Monies on Deposit as of January 31,
Deposit as of January 1997, was accepted as submitted
31, 1997, was received
and filed
Approved Warrant 97 -08 Warrant Resolution #CMSD 97 -08 was approved,
for February 1997, in the authorizing the President and Secretary to sign the
amount of $403,077.21 warrant and instructing the Finance Department to
draw a warrant from the Costa Mesa Sanitary District
General Fund in the amount of $403,077.21
ENGINEERS REPORTS
Project Status Report The Project Status Report for February 1, 1997, was
was received and filed. accepted as submitted
END OF CONSENT CALENDAR
INVESTMENT OVERSIGHT COMMITTEE MEETING - FEBRUARY 13, 1997
Mr. Hamers reported the Investment Oversight Committee reviewed the
investment portfolio and presented a possible opportunity to achieve a
higher rate of return for the District.
Ms. Temple discussed the advantages of taking approximately one million
dollars and investing it in a five -year term investment. With a five -year
investment, the District could earn approximately $50,000 in additional
interest.
COSTA MESA SANITARY DISTRICT 4
MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997
® WRITTEN COMMUNICATIONS
There were no written communications received.
MANAGER'S REPORTS
SOURCE REDUCTION AND RECYCLING ELEMENT AB939
UPDATE ON ACTIVITIES
ANTI - SCAVENGING ENFORCEMENT REPORT
COSTA MESA REPORT
Ms. Guastella introduced an interoffice memorandum from Ms. Sandra M.
Benson, Senior Code Enforcement Office of the City of Costa Mesa, dated
February 3, 1997. The memorandum contains a comprehensive summary of
enforcement activity occurring from December 30, 1996, to January 23,
1997, with dates, times and actions taken. From December 30 to January
23, one citation was given on Robinhood. This was the third citation issued
to the subject, and will be filed as a misdemeanor.
® Mr. Hamers advised the Code Enforcement Officer began distributing the
anti - scavenging notices on January 23.
Mr. Hamers introduced a letter from Ms. Holly Carver of the Costa Mesa
Police Department, dated February 4, 1997. Ms. Carter's memo showed
the number of calls for service for scavenging for January 1997 as follows:
LOCATION CALLS FOR SERVICE CITE /ARREST
AREA 1
3
3
AREA II
2
0
AREA III
5
1
AREA IV
0
0
TOTAL
10
4
A map showing the area boundaries was provided as requested by Director
Schafer.
REPORT ON NEIGHBORING CITIES
Ms. Guastella contacted the cities of Newport Beach, Fountain Valley, and
Santa Ana to determine if those cities were also experiencing a reduction of
scavengers in their cities. Ms. Guastella reported all three cities have
COSTA MESA SANITARY DISTRICT 5
MBVUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997
experienced a considerable reduction in scavenging, possibly attributable to
the current reduced value of recycled paper.
Mr. Hamers reported there is an case ready for prosecution for scavenging
and the City has contacted Mr. Hamers to request the District proceed with
the prosecution utilizing Mr. Burns as the attorney.
Director Schafer requested a letter be sent to the City expressing the
Board's desire to see the scavenging cases prosecuted.
Mr. Burns reported Ms. Benson contacted him to discuss deputizing Mr.
Burns to prosecute the scavenging cases on the misdemeanor level.
Director Worthington motioned to authorize Mr. Burns to prosecute the anti -
scavenging cases on behalf of the District. Director Perry seconded.
Motion carried 4 -0 as follows:
Ayes: James Ferryman, Art Perry, Arlene Schafer,
Dan Worthington
Noes: Nate Reade
Director Reade voted against the motion and stated he would like to wait
until Mr. Burns has met with the City and can provide the Board with more
10 information.
SCREENING OF TRASH CONTAINERS
Mr. Hamers advised the notices requesting the removal of trash cans from
public view are currently being distributed by the Code Enforcement during
his route. The Code Enforcement Officer will monitor varying areas to
observe if containers are being left out and will distribute the notices as
required.
Director Worthington suggested having Costa Mesa Disposal place signs on
their trucks to further assist in getting the message to the public that
containers must be placed out of view after trash pickup.
HOUSEHOLD HAZARDOUS WASTE GRANT
Mr. Hamers reported he and Director Reade attended a meeting to set up
the temporary ABOP drop -off location.
Director Reade reported coverage of the previous Household Hazardous
Waste roundup was insufficient to notify residents on the west side of the
City.
COSTA MESA SANITARY DISTRICT 6
MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997
• Mr. Hamers advised that the upcoming oil, anti- freeze, battery and paint
roundup will be located on the west side and advertised in multiple
languages to more effectively publicize the upcoming event.
Ms. Reichle met with a. representative of Americlean, and Bob Rost from
Cla -Val at their location on Placentia and 17th Street to investigate the
property as a possible drop -off location for the next Household Hazardous
Waste event to be held on April 19. Ms. Reichle reported the location will
be satisfactory for the event. Mr. Rost advised Ms. Reichle that he would
include the Household Hazardous Waste flyer with Cla -Val employees'
paychecks, and suggested contacting other local companies to suggest they
do the same with their employees.
Ms. Reichle reported the Redevelopment Agency is conducting a
neighborhood cleanup program on the same day as the planned Household
Hazardous Waste roundup. Ms. Reichle noted this was also Earth Week,
and felt the combined activities would further enhance the program.
TELEPHONE DIRECTORY RECYCLING PROGRAM
Ms. Reichle reported 51 tons of telephone books were collected for
recycling during the 1996 program. This number was 18 tons less than the
1995 program, largely due to the interrupted distribution of the new
directories from Pacific Bell.
Ms. Reichle reported an award ceremony will be held on February 14 at
Kaiser Primary Center and another will be held at Killybrooke Elementary on
February 21. Ms. Reichle invited Directors to attend. Directors Ferryman
and Worthington will attend the ceremonies to present the award to the
students for their recycling efforts
Ms. Reichle reported the directories collected were stored at Costa Mesa
Disposal and transported by Daishowa Paper Company to their mill in Port
Angeles, Washington. They paid Costa Mesa Disposal 550 /ton for dry
directories amounting to $1,871 (37.42 tons). The money received from
the 1996 program will be used in the 1997 program.
Ms. Reichle recommended enhancing the 1997 telephone book program by
enlisting cooperation from the two major business complexes, Harbor
Gateway and Irvine Industrial Complex; contacting schools in March or
April; restructuring the school program to offer additional award amounts on
a graduated scale commensurate with the number of books collected.
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COSTA MESA SANTTARY DISTRICT 7
MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13. 1997
• CHRISTMAS TREE RECYCLING PROGRAM
Ms. Reichle reported 13,284 Trees, or 172.7 tons, were collected during
the 1996 Christmas Treecycling Program. Ms. Reichle reported the program
was sponsored by the Costa Mesa Sanitary District, City of Costa Mesa,
and the Orange County Fairgrounds and Exposition Center.
Ms. Reichle reported 10,000 flyers and 100 posters were designed, printed
and distributed to advertise the event. There were press releases in the
Orange County Register, Orange Coast Daily Pilot, the Los Angeles Times
(Orange County edition), the Costa Mesa Chamber of Commerce Business
Outlook, and the Community Report. Ms. Reichle reported television
coverage by Channels 3 and 62.
Ms. Reichle reported the 1996 Christmas Treecycling Program was
extremely successful. West Coast Arborist transported and ground the
trees for use by the U. S. Department of Forestry to be used for soil erosion
control and trail maintenance. The number of trees collected represents the
largest number collected since the program began in 1990, with 4,282 more
trees collected than during the 1995 program.
POTENTIAL CITY ANNEXATION OF COUNTY PROPERTY
Mr. Hamers introduced a flyer from the City Planning Department regarding
the potential annexation of County islands on the east side of Costa Mesa.
The District does serve the island area for sewer as well as trash for the
single - family homes and small multi - family developments. Annexation of
that area into the City would present no problems or change of service for
the District.
ENGINEER'S REPORTS
PROJECT NO. 129, BRISTOL STREET PUMPING STATION
BOYLE ENGINEERING CORPORATION - INDEPENDENT REVIEW OF PROJECT
Mr. Hamers reported Boyle Engineering's review of the Bristol Street
pumping station determined the project to be warranted and the cost
of design, construction, inspection and project administration to be
appropriate.
Director Perry motioned to accept the report and authorize payment
to Boyle Engineering. Director Reade seconded. Motion carried
unanimously.
COSTA MESA SANITARY DISTRICT S
MINUTES - BOARD OF DIRECTORS MEETING IIELD FEBRUARY 13. 1997
TREASURER'S REPORTS
ORANGE COUNTY BANKRUPTCY
UPDATE
Ms. Temple reported being subpoenaed to testify in the People vs.
Matt Rabbe on March 24.' Ms. Temple was additionally subpoenaed
by Merrill Lynch to appear on April 9 and 10.
LEGAL ACTION CONTESTING ORANGE COUNTY BANKRUPTCY FILING
Ms. Temple reported the filing of responses to the County's
objections to the bankruptcy claims.
ATTORNEY'S REPORTS
Mr. Burns had nothing to report to the Board.
LOCAL MEETINGS
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY
Director Schafer advised there will be an ISDOC meeting on February 27,
1997.
LOCAL AGENCY FORMATION COMMISSION
Director Schafer reported attendance at the February 5 meeting. Director
Schafer reported Curt Pringle is drafting a spot bill, and she provided the
agenda and her notes from the meeting for the Board's perusal.
ORANGE COUNTY SANITATION DISTRICTS
REGULAR MEETING
President Ferryman reported the consolidation of the nine districts
appears to be imminent. President Ferryman expressed concern over
the equalization of rates from the various districts.
President Ferryman reported on an agreement with the Orange
County Water District to implement a plan for recycling water.
President Ferryman reported on the investigation of expanding the
current outflow. Multiple options are being investigated.
COSTA MESA SANITARY DISTRICT 9
MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997
• President Ferryman reported there was discussion on mitigating
infiltration in a system and recommended Staff investigate options for
the Costa Mesa Sanitary District.
CITY OF COSTA MESA COUNCIL MEETING REPORT
JANUARY 20, 1997
President Ferryman attended the Council meeting of January 20,
1997, and presented the agenda for the Board's perusal. President
Ferryman reported Heather Somers pulled an item involving funding
Route 73. No decision was reached on that item.
President Ferryman reported the possible establishment of a reduced
traffic impact fee on Newport Boulevard in the Specific Plan area. No
decision was reached on that item.
FEBRUARY 3, 1997
Director Reade attended the Council meeting of February 3, 1997.
Director Reade reported Southern California College has taken over
the Coastal Inn and has plans to renovate it, creating 14 apartments
for off - campus housing.
OLD BUSINESS
TRASH COLLECTION FIELD SURVEY
UPDATE
Mr. Hamers had nothing to report, and requested the item be tabled
to the March 13 meeting.
DISTRICT OFFICE STAFFING UPDATE
STATUS OF HIRING NEW ASSISTANT MANAGER /MANAGEMENT ANALYST
Mr. Hamers reported an offer has been made to the top candidate for
the position of Assistant Manager /Management Analyst. Mr. Hamers
reported the candidate has six years experience in recycling, a
master's in business administration, and is very qualified for the
position.
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COSTA MESA SANITARY DISTRICT 10
MINUTES - BOARD OF DLRECTORS MEETING FIELD FEBRUARY 13. 1997
0 EXTENSION OF ASSISTANT MANAGER CONSULTANT SERVICES
Mr. Hamers requested the extension of the utilization of Ms. Reichle's
services as Assistant Manager to the end of February. Previous
approval was granted until February 13, 1997. Director Reade
motioned to extend the time of utilization of Ms. Reichle as Assistant
Manager to March 1, 1997. Director Perry seconded. Motion carried
unanimously.
STATUS OF ORANGE COUNTY LANDFILLS
Mr. Hamers presented the proposed Waste Disposal Agreement as
agreed upon by the Orange County City Manager's Association, the
League of Cities, the trash hauling community and the sanitary
districts. Mr. Hamers reported reviewing the agreement. A 30 -day
extension on the March 1 deadline has been requested.
Mr. Burns reported meeting with the City managers and City
attorneys on February 12. Mr. Burns said the agreement was
explained to the group. Mr. Burns reported the group that negotiated
the contract did a good job getting some protections, but he would
have liked to have seen a clearer presentation on the status of the
Sanitary districts. He will address this issue with the County
representatives to determine the effect on the District. Mr. Burns
briefly outlined the agreement, highlighting a few points:
• The agreement will be a 10 -year term with the ability to
renew for 10 years.
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Fixed price of $22 per ton at the gate.
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They have the right to raise the fee if certain criteria are
met.
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Non - signers are to pay at least 10 percent more at the gate.
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Flow control must be guaranteed.
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The major cities are to approve the agreement, refusal of
small cities will not impact the agreement.
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The agreement has an expedited review procedure in it.
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There is an indemnification provision.
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There is a liquidated damages provision, requiring
participants -pay even if they have sent their trash
elsewhere.
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There is a non - recourse provision.
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The indemnification portion will not cover for willful,
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knowing, illegal, or negligent disposal of hazardous waste.
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Their County auditor reviews.the records.
COSTA MESA SANITARY DISTRICT 11
MINUTES - BOARD OF DIRECTORS MEETING IIELD FEBRUARY 13, 1997
Mr. Burns will provide a written report on the agreement once he
® concludes his investigation.
Mr. Hamers reported the possible alternatives that were discussed at
the study session did not look feasible. The County has the right to
prohibit non - signers from using Orange County landfills once they
have reached capacity of signed participants. Mr. Hamers further
explained that the District would no longer be contributing to the
Household Hazardous Waste facilities that are funded through the
gate fees, thereby possibly incurring special charges from residents in
the District for using the drop -off facilities.
Staff will continue researching the agreement and report back to the
Board.
OPPORTUNITIES IN FRANCHISING TRASH HAULING
Mr. Hamers discussed a letter sent by President Ferryman to Mayor
Buffa suggesting some of the savings that might be achieved for the
City with franchised trash hauling. Mayor Buffa is considering the
points discussed in the letter and will discuss the concept with the
City Manager, President Ferryman and Mr. Hamers.
- Ms. Madeline Arakelian, South Coast Refuse, disputed some of the
information in the letter, stating the current system of free enterprise
provides the best rates for the public.
Ms. Delores Otting, Five Star Rubbish, stated Costa Mesa has the
most reasonable rates and is one of the cleanest cities compared to
franchised cities. Ms. Otting further stated Costa Mesa has some of
the most cost effective rates in the County.
President Ferryman stated that the City will evaluate the benefits of
franchising, make a determination, and if they choose to franchise the
trash hauling in the City of Costa Mesa, all haulers will have a right to
bid for the franchise.
NEW BUSINESS
FORMATION OF DISTRICT RECYCLING COMMITTEE
Mr. Hamers suggested the Board wait until the new Assistant
Manager is hired to form a recycling committee.
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COSTA MESA SANITARY DISTRICT 12
MINUTES - BOARD OF DIRECTORS MEETING HELL) FEBRUARY 13, 1997
• INVITATION TO JOIN COUNCIL OF GOVERNMENTS
Director Schafer determined that ISDOC is going to join the Council of
Governments and the District will become a member through ISDOC.
Therefore, no separate application need be made.
DISCUSSION OF PRINGLE BILL
Ms. Revak reported she spoke with Mr. Matt Sarboraria,
Assemblyman Curt Pringle's legislative assistant, and learned that
Assemblyman Pringle intends to introduce another consolidation bill
later this month which will look very much like AB 2109, as left in the
Senate in the 1996 session.
Ms. Revak related Assemblyman Pringle is open to input and
suggestions as the bill goes through the process.
Mr. Hamers suggested Staff present a monthly update on the Pringle
bill.
Mr. Hamers recommended a member of the District meet with a
member of the Mesa Water District to exchange information on an
informal basis.
President Ferryman suggested the Community Summit meetings may
provide a good opportunity for discussions.
Mr. Burns recommended against instituting regular formal meetings
with Mesa Water District.
President Ferryman determined there was no need to set up periodic
meetings with Mesa Water District at this time.
CHAMBER OF COMMERCE MEMBERSHIP RENEWAL
Director Reade motioned to approve the renewal of membership with .
the Chamber of Commerce in the amount of $350.00. Director Perry
seconded. Motion carried 5 -0.
PUBLIC COMMENTS
There were no public comments made.
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COSTA MESA SANITARY DISTRICT 13
MINUTES - BOARD OF DIRECTORS MEETING FIELD FEBRUARY 13, 1997
ORAL COMMUNICATIONS
President Ferryman commented the school district owned some land on
Whittier Avenue and there was composting being conducted on the
property. President Ferryman reported the school district has canceled their
lease with that company and they have been given a 30 -day notice to
vacate.
ADJOURNMENT
At 8:02 p.m. President Ferryman adjourned the meeting.
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