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Minutes - Board - 1998-05-14i� 0 • COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held May 14, 1998 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on May 14, 1998, at 6:00 p.m., conference room 1 -A of 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 Directors Absent James Ferryman, Art Perry, Arlene Schafer, Nate Reade Dan Worthington, excused Staff Present: Robin Harriers, Manager /Engineer; Alan Burns, General Counsel; Lois Thompson, Assistant Manager; Joan Revak, Clerk of the District; Dawn Schmeisser, Assessment Specialist; Marc Davis, Acting Treasurer; Ron Shef, District Ordinance Enforcement Officer Others Present: None CONSENT CALENDAR -------------------------------------------------------- - - - - -- On motion by Director Perry, seconded by Director Reade, and carried 4 -0, the Consent Calendar was approved. MINUTES Approved Minutes of Recycling Committee Meeting, April 8, 1998 Approved report of Regular Meeting, April 9, 1998 The minutes for the Recycling Committee meeting of April 8, 1998, were approved as distributed. The minutes for the regular meeting of April 9, 1998, were approved as distributed. • COSTA MESA SANITARY DISTRICT 2 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14. 1998 REPORTS MANAGER'S REPORTS Approved Occupancy The Trash Occupancy Count reflected a decrease of three Report and payment of units in the occupancy report for solid waste collection as $156,270.28 to Costa of May 1998. Therefore, the total for May is 21,010. Mesa Disposal for trash Board directed Staff to prepare a warrant for $156,270.28 collection services for to Costa Mesa Disposal on June 1, 1998, for payment for May 1998 May trash collection based on the May count of 21,010. REFUNDS In accordance with Resolution No. 96 -584, adopted by the Costa Mesa Sanitary District on April 17, 1996, the following refunds were granted subsequent to receiving evidence of outside trash service and a signed statement from the applicants: Approved Payment of Refund issued to Ahamed Salama $555.52 Parcel Address: 783 West Wilson To Ahamed Salama Assessor's Parcel No. 422 - 412 -15 Trash Refund: $555.52 Total Refund: $555.52 Approved Payment of Refund issued to Trinity Broadcasting $270.00 Parcel Address: 3150 Bear To Trinity Broadcasting Fixture Fee Refund: $270.00 Approved Payment of Refund issued to Margaret Lindsey $200.32 Parcel Address: 2859 Hickory To Margaret Lindsey Assessor's Parcel No. 139 - 296 -18 Trash Refund: $200.32 RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for April 1998 showing a April 1998 was received 31.04% diversion rate was received and filed. and filed Approved Contract The Board approved contract payment to CR Transfer for • Payment to CR Transfer recycling services and disposal for the month of April for $107,977.17 1998 in the amount.of $107,977.17. • COSTA MESA SANITARY DISTRICT MINUTES -BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 ENGINEER'S REPORTS 3 Project Status Report was The Project Status Report for May 1, 1998, was accepted received and filed. as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of April 30, 1998, was accepted April 30, 1998, was as submitted. received and filed Report of Monies on The Report of Monies on Deposit as of April 30, 1998, Deposit as of April 30, was accepted as submitted. 1998, was received and filed Approved Warrant 98 -11 Warrant Resolution #CMSD 98 -11 was approved, for May 1998, in the authorizing the President and Secretary to sign the amount of $665,661.61 warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General • Fund in the amount of $665,661.61. Investment Oversight Mr. Davis reported to the Board on the Investment Committee Meeting - Oversight Committee meeting held on May 14, 1998 and May 14, 1998 attended by Directors Schafer and Ferryman, Mr. Davis and his staff, Mr. Hamers, and Ms. Thompson. END OF CONSENT CALENDAR -------------------------------------------------------- - - - - -- WRITTEN COMMUNICATIONS Mr. Hamers presented a letter of appreciation from Mr. Larry Temple thanking the District for their presentation of the plaque in memory of Susan Temple. • • is COSTA MESA SANITARY DISTRICT 4 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 MANAGER'S REPORTS SOURCE REDUCTION AND RECYCLING ELEMENT AB 939 UPDATE ON ACTIVITIES ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Mr. Flamers presented a memorandum providing the statistics for the month of April 1998. The number of calls for service for scavenging are as follows: Location Calls for Service Cite /Arrest Area 1 1 1 Area II 7 0 Area III 5 5 Area IV 0 0 TOTAL 13 6 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Harriers- presented the ordinance enforcement summary report for the five - week period ending May 3, 1998. Director Schafer reported the College Park neighborhood has scavengers and requested Mr. Shef monitor the area. PC -832 TRAINING - CERTIFICATES OF COMPLETION Mr. Shef and Ms. Schmeisser both received State Certification of Completion for the PC -832 Arrest Course. DESIGNATION OF ADDITIONAL DISTRICT ORDINANCE ENFORCEMENT OFFICER - DAWN SCHMEISSER Mr. Harriers reported the District Ordinance requires a District Ordinance Enforcement Officer to operate in the capacity of enforcement. Ms. Schmeisser has completed the necessary training and certification to act as District • Ordinance Enforcement Officer in Mr. Shef's absence. • • COSTA MESA SANITARY DISTRICT MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 N7 Director Reade motioned to appoint Dawn Schmeisser as an additional District Ordinance Enforcement Officer. Director Perry seconded. Motion carried unanimously. RECYCLING COMMITTEE MEETING - MAY 13, 1998 Mr. Hamers reported all Directors were in attendance at the Recycling Committee Meeting of May 13, 1998. TELEPHONE DIRECTORIES, LETTER TO EDITOR The telephone directories "Letter to Editor" was sent to the following list of media and local representatives with a cover letter stating the CMSD Board of Directors feel the information is informative and would be of interest to the citizens of Orange County. Valerie Mitchell, News Producer Paul Danison, Editor William Lobdell, Editor Stephen Burgard, Editorial Page Editor Letters to the Editor Vicki L. Wilson, Director Marilyn Brewer, Assemblywoman Ross Johnson, State Senator Dana Rohrabacher, Representative Jim Silva TELEPHONE DIRECTORIES PROGRAM JUNE 1998 COLLECTION Copley - Colony Communications The Costa Mesa Breeze The Daily Pilot The Times Orange County The Orange County Register Integrated Waste Management Department 70th District 35th District 45th District. Orange County Board of Supervisors Ms. Revak prepared a memorandum listing bin locations for the 1998 Mini phone Book Program featuring 5 local grocery stores, City Hall, and the Orange Coast College Recycling Center. Also included with Ms. Revak's memorandum was a sample letter to be sent to the program participants providing information and thanking them for their support of the telephone program. NOVEMBER 1998 COLLECTION WITH PUBLIC /PRIVATE SCHOOLS Ms. Thompson presented a sample letter to be distributed to public and private schools inviting their participation in the November 1998 Telephone Book Recycling Fundraising Opportunity. Ms. Thompson reported the 1998 program will offer schools a participation award, based on student population, with a minimum of $100 and a maximum of $400. Mr. Hamers reported the letter to participants will outline the program and COSTA MESA SANITARY DISTRICT MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14. 1995 C notify the schools the District will be responsible the delivery and pickup of the bins and totaling of telephone books. Director Perry motioned to approve the funding of the 1998 Phone Book Recycling Program, not to exceed $10,000, and approve the format of the letter as presented. Director Schafer seconded. Motion carried 4 -0. LARGE ITEM COLLECTION - JUNE 22 - AUGUST 28, 1998 Mr. Hamers presented a sample of the flyer to be distributed for the large item collection. SHARPS PROGRAM Ms. Thompson reported the application to apply for the environmental award was mailed on May 13. Ms. Thompson will present a report at the June Board meeting. Ms. Thompson expected to receive notification regarding the award in July. • PRESENTATION AT STEVEN'S PHARMACY - APRIL 25, 1998 Ms. Thompson presented a copy of the flyer distributed from Steven's Pharmacy. STERICYCLE ONE -YEAR SERVICE AGREEMENT Ms. Thompson presented a copy of the previously approved Stericycle service agreement that will be presented for Board signature. STUDY SESSION - MAY 7, 1998 The study session of the Costa Mesa Sanitary District held on May 7, 1998 was adjourned to the Recycling Committee meeting held on Wednesday, May 13, 1998. Items discussed included residential bin service and household hazardous waste pickup. HOUSEHOLD HAZARDOUS WASTE COLLECTION Ms. Thompson reported the City of Orange is extremely happy with Curbside Inc. and the program is the most successful and revered program the City of Orange offers its residents. President Ferryman directed Staff to contact Costa Mesa Disposal and Y p request the $10,000 per contract agreement. COSTA MESA SANITARY DISTRICT 7 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 Mr. Hamers reported Staff will research the approximate number of Household Hazardous Waste pickups by other cities using Curbside Inc. Mr. Hamers requested Mr. Burns to attempt to provide a copy of an agreement between Fountain Valley and Curbside Inc. for the Board's informational use. Mr. Hamers requested Ms. Thompson attempt to obtain a written proposal from Curbside Inc. to provide more information. RESIDENTIAL BIN SERVICE Board directed Staff to formulate a survey form to distribute to determine the interest in the District providing residential bin service. Staff will present a sample survey at the June Board meeting. TRASH COLLECTION REFUND UPDATE Ms. Schmeisser presented the trash refund report. There were three refund requests processed during the month of April. Ms. Schmeisser reported receipt of one new trash refund request stemming from the May 19, 1997 notification. Ms. Schmeisser determined the request was incomplete and will require additional information. Ms. Schmeisser further reported she re -sent approximately 32 letters in an additional attempt to notify recipients of a possible refund utilizing updated address information and has received approximately 10 returned as undeliverable. * The nine applications pending are all over six months old. Letters have been written to the applicants describing what was required to process their incomplete refund requests. • Current Month To Date Total amount of refunds for trash $755.84 $195,380.95 Total amount of refunds for sewer $180.81 Fixture Fee Refund Not a part of the stud $270.00 $660.00 Total of all refunds $1025.84 $196,221.76 Total number of units affected by refunds 4 Units 450 Units Applications pending: 9* * The nine applications pending are all over six months old. Letters have been written to the applicants describing what was required to process their incomplete refund requests. • C] COSTA MESA SANITARY DISTRICT 8 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14. 1998 ENGINEER'S REPORTS FAIRVIEW REGIONAL PARK RECOMMENDATION AGAINST SEPTIC TANKS Mr. Hamers reported the circumstances surrounding the Goat Hill Junction railroad have changed to where the railroad may become a long -term, possibly permanent facility and other ideas are surfacing for developing the remaining areas of the park. The City has included the installation of the gravity sewer in its master plan. Mr. Hamers recommended the Board rescind the previous approval granted to the City and go on record against the installation of septic tanks and that all requests to the contrary be brought to the District for consideration by the Board at a duly- noticed regular or special meeting. Director Perry motioned to rescind the District's approval to install a septic tank in Fairview Park and the requirement that requests for future septic tanks be • brought to the Board for consideration. Director Schafer seconded. Motion carried 4 -0. CONSIDER FUNDING DISTRICT SEWER LINE Mr. Hamers reported the City and railroad are not in a position to fund the necessary sewer line for the proposed Fairview Regional Park project. Mr. Hamers reported the City Council offered up to $20,000 and the railroad offered $25,000 toward the cost of installing a holding tank and rest room facility. Staff believes the funds should be put toward the installation of a permanent gravity sewer system that would benefit the entire park and be more cost effective in the future. Mr. Hamers presented a letter to the Board outlining the conditions that would have to be met to approve the inclusion of this project. Mr. Burns presented a report on the District's Authority to pay for the City park sewer line. Mr. Burns' report concluded the District would be authorized to fund the sewer line if the required conditions were met. Director Schafer motioned to recommend conceptual approval of the installation of the Fairview Regional Park sewer line, the stub out to Estancia High School, the inclusion of the sewer line installation in the upcoming the 1998 -99 budget, and authorize a letter to the City stating the District's conceptual approval and requesting a one -time participation cost of $20,000 from the City and $25,000 from the railroad. Director Reade seconded. Motion carried 4 -0. • COSTA MESA SANITARY DISTRICT 9 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 PROJECT NO. 140 AND 150 - RECONSTRUCTING VARIOUS SEWER LINES ACCEPT IMPROVEMENTS AND FILE NOTICE OF COMPLETION Mr. Hamers presented a report showing the completion of Project 1112100 -140 & 145 and recommended the Board accept the improvements as completed and file a Notice of Completion. Director Schafer motioned to accept the improvements as completed and authorize the filing of a Notice of Completion. Director Perry seconded. Motion carried unanimously. PAYMENT OF RETENTION AND EXONERATE BONDS Director Perry motioned to authorize payment of 5% retention 35 days after Notice of Completion is recorded and exonerate faithful performance bond one year after Notice of Completion is recorded. Director Schafer seconded. Motion carried 4 -0. • TREASURER'S REPORTS ORANGE COUNTY BANKRUPTCY Mr. Davis reported he received correspondence that the LeBoeuf agreement has been approved, but must be drafted and approved by the Court and may take up to two years before any monies are distributed. Mr. Davis additionally reported Tom Hayes has been- assigned to negotiate certain claims for the school districts. Mr. Davis reported a settlement has been reached with First Boston and also must be drafted and approved by the Court. 1998 -99 DISTRICT BUDGET - TIMELINE FOR APPROVAL Mr. Davis requested setting a study session on June 4, 1998, to discuss the District Budget for possible adoption on June 11, 1998. IWMD ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 1997 -98 - ORANGE COUNTY LANDFILL DISPOSAL SYSTEM • Mr. Davis resented the Annual Financial Report for Fiscal Year 1997 -98 from p p Vicki L. Wilson, Director, Integrated Waste Management Department. The report provided information regarding the financial status and planning activities. • COSTA MESA SANITARY DISTRICT MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 10 Mr. Hamers reported Hilton, Farnkopf and Hobson was hired by Kevin Murphy, City Manager of Newport Beach, to do an independent review of the financial report providing a system of checks and balances. ATTORNEY'S REPORTS PROPOSED OPERATIONS CODE Mr. Burns presented a letter dated May 7, 1998, reviewing the necessity for development of an operations code for the District. Mr. Burns advised the Board an operations code would integrate many of the District laws and procedures into one code book creating a user - friendly tool for Directors and Staff. Mr.. Hamers expressed his concurrence with developing an operations code. Mr. Hamers explained the current system of Ordinances is filed by date, not by subject matter, creating a difficult and time - consuming research process. Mr. Burns estimated approximately $2,000 in attorney time. Mr. Burns anticipated it would take approximately 2 to 3 months to prepare the document. Director Reade motioned to approve $5,000 to initiate the production of an operations code document. Director Perry seconded. Motion carried 4 -0. ORDINANCE NO. 29 - EXEMPTION FOR YEARLY CMSD SEWER CHARGES Mr. Burns presented Ordinance No. 29, AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT EXEMPTING PROPERTY DIRECTLY CONNECTED TO THE COUNTY SANITATION DISTRICT'S TRUNK SEWER LINE FROM DISTRICT CHARGES. Director Schafer motioned to accept Ordinance No. 29, Exemption for Yearly CMSD Sewer Charges. Director Perry seconded. Motion carried 4 -0. CLAIM - 2101 AND 2107 ANNIVERSARY LANE Mr. Hamers presented a letter from SDRMA, dated May 2, 1998, advising the claims from Jeff Jordan in the amount of $3,518.39 and Lydia Goodell in the amount of $4,052.84 have settled. The District is responsible for the $500 third - party general liability property deductible. t Director Perry motioned to approve the payment of the $500 deductible. Director Schafer seconded. Motion carried 4 -0. • COSTA MESA SANITARY DISTRICT 11 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 LOCAL MEETINGS INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) QUARTERLY MEETING - APRIL 30, 1998 Director Schafer attended the quarterly meeting of April 30, 1998, and reported the meeting was successful. Director Schafer reported attendance at the Executive Board meeting for ISDOC and discussed an upcoming meeting to be held July 30. Director Schafer reported her term on the LAFCO Advisory Committee will be up in June. Bill Goodwin attended the meeting and will be very vocal regarding special districts. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Director Schafer was unable to attend the LAFCO meeting but provided the agenda and materials for Board review. Mr. Harriers presented a report from McCormick, Kidman & Behrens, Lawyers, is detailing the Court ruling that LAFCO must give reasons for the decisions they make. Mr. Burns reviewed the report and stated LAFCO will now be required to make sure they have statutory ground when.making decisions. Director Schafer reported the Advisory Committee will be required to meet monthly. SPECIAL DISTRICT ADVISORY COMMITTEE Director Schafer reported the Special District Advisory Committee had a large agenda and discussed terms for Committee members, review of the Dana Point - Laguna Beach applications, and Costco policy of contacting applicants. COSTA MESA CHAMBER OF COMMERCE LEGISLATION COMMITTEE Director Schafer reported there will be a mixer held in the fall for the people running in November. Director Schafer reported items discussed were PacBell, the El Toro reuse plan, AB2526, a bill to eliminate license fees, and an update from Committee members. • COSTA MESA SANITARY DISTRICT 12 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 • COUNTY SANITATION DISTRICTS OF ORANGE COUNTY REGULAR MEETING OF APRIL 22, 1998 President Ferryman provided the agenda and reported $833,000 was spent on maintenance painting. An RFP was sent out regarding the ocean monitoring program resulting in a $984,000 contract for a 20 -month program to measure the impact of the outfall four to five miles out in the ocean. President Ferryman reported that, after a 10 -year endeavor, a waiver was received. President Ferryman reported attendance at the strategic plan workshop. The strategic plan workshop is a series of workshops held to provide information on numerous items (e.g., inflow /infiltration studies, water conservation collection system, groundwater collection system, proposed rate structure impacts) to interested parties. President Ferryman provided a brochure to Board members and welcomed their attendance at any of the workshops. CITY OF COSTA MESA COUNCIL MEETING REPORT APRIL 20, 1998 Director Schafer attended the April 20, 1998, City of Costa Mesa Council meeting. The Council voted to approve $20,000 toward the rest rooms at Goat Hill station. Director Schafer further reported the Council set a public hearing on an unsupervised skateboard park. The Council further considered the relocation of the Marrakech restaurant and approved the Costa Mesa Farms Force Complex. MAY 4, 1998 There were no directors in attendance. NEIGHBORS FOR NEIGHBORS - APRIL 25, 1998 EVENT Ms. Thompson attended the event as a volunteer and was in charge of monitoring dumpsters. Ms. Thompson reported Ms. Laura Fabrego manned the recycling booth providing Spanish information. President Ferryman directed Staff to send a letter of appreciation to Laura thanking her for her assistance during her internship with the District. • • COSTA MESA SANITARY DISTRICT MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14. 1998 CALIFORNIA SPECIAL DISTRICTS ASSOCIATION SACRAMENTO GOVERNMENT AFFAIRS DAY - APRIL 27, 1998 13 Director Schafer reported the event was very informative and felt that Ralph Heim did an excellent job regarding legislation. Director Schafer provided materials from the event for the Board's perusal. CRRA "BUILDING BRIDGES" CONFERENCE - MAY 4 -5, 1998 Ms. Thompson attended the California Resource and Recycling Association "Building Bridges" conference in San Diego. Ms. Thompson reported she came away with many new ideas for upcoming programs to be implemented in the future. OLD BUSINESS There was no old business discussed. . NEW BUSINESS NOVEMBER 3, 1998 ELECTION OF DISTRICT DIRECTORS Mr. Hamers presented a letter from Suzanne Slupsky, Election Section Supervisor, providing information on the November 3, 1998, election of District directors and directing the District to determine whether or not they will pay for Statements of Qualification by candidates and the number of words the District authorizes those statements to contain. LENGTH OF CANDIDATE'S STATEMENT President Ferryman suggested the Statement of Qualification be maintained at 200 words as in prior elections. COST OF CANDIDATE'S STATEMENT Ms. Revak reported the cost of the candidate's statement is determined by the printing cost for the statements and further affected by the number of registered voters. Director Schafer motioned to Limit the Statement of Qualification to 200 words and require each candidate to provide their own funding for the Statement. Director Perry seconded. Motion carried unanimously. 0 0 41 COSTA MESA SANITARY DISTRICT 14 MINUTES - BOARD OF DIRECTORS MEETING HELD MAY 14, 1998 PUBLIC COMMENTS There were no public comments. ORAL COMMUNICATIONS President Ferryman advised he will be unable to attend the Orange County Sanitation District meeting for May 27, 1998. Director Perry will attend. President Ferryman reminded everyone about the upcoming Fish Fry on May 29, 30, and 31 at Lyons Park. Mr. Hamers reported he felt Board and Staff were working very well together. ADJOURNMENT At 7:30 p.m. President Ferryman adjourned the meeting. r�- P ESIDENT