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Minutes - Board - 1999-04-15• COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held April 15, 1999 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on April 15, 1999, at 6:00 p.m., in conference room 5 -A of the Civic Center, 77 Fair Drive, Costa Mesa. President Perry called the meeting to order at 6:00 p.m. Vice President Schafer led the Pledge of Allegiance. Director Woodside gave the invocation. ROLL CALL: Directors Present: Art Perry, Arlene Schafer, Greg Woodside, James Ferryman, Dan Worthington Staff Present: Robin Hamers, Manager /Engineer; Alan Burns, Legal Counsel; Lois Thompson, Assistant Manager; Joan Revak, Clerk of the District; Dawn Schmeisser, Assessment Specialist; Marc Puckett, Treasurer; Ron Shef, District Ordinance Enforcement Officer Others Present: None. CONSENT CALENDAR ------------------------------------------------------- - - - - -- On motion by Vice President Schafer, seconded by Director Woodside, and carried 5 -0, the Consent Calendar was approved as presented. MINUTES Approved Minutes of Regular Meeting March 11, 1999 Approved Minutes of Investment Oversight Committee Meeting March 11. 1999 The minutes for the regular meeting of March 11, 1999, were approved as distributed. The minutes for the Investment Oversight Committee meeting of March 11, 1999, were approved as distributed Approved Minutes of The minutes for the Recycling Committee meeting of March 9, • Recycling Committee 1999, were approved as distributed. Meeting, March 9, 1999 • E COSTA MESA SANITARY DISTRICT 2 Minutes of Board of Directors Regular Meeting held April 15 1999 REPORTS MANAGER'S REPORTS Approved Occupancy The Trash Occupancy Count documented a decrease of 5 Report and payment of units in the occupancy report for solid waste collection as of $160,005.66 to Costa April 1, 1999. Therefore, the total for April is 21,141. Board Mesa Disposal for trash directed Staff to prepare a warrant for $160,005.66 to Costa collection services for Mesa Disposal on May 1, 1999, for payment for April trash April 1999 collection based on the April count of 21,141. 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 Refund Approved Refund to Dan Seals of $915.36 Parcel Address: 3032 Fillmore Way To Dan Seals Assessor's Parcel No. 141 - 134 -20 Tax years 1997 -98 and 1998 -99 Total Trash Refund: $915.36 Parcel using private trash service RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for March 1999 showing a March 1999 was received 40.53% 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 March 1999 for $123,162.31 in the amount of $123,162.31 ENGINEER'S REPORTS Project Status Report was The Project Status Report for April 1999, was accepted as received and filed. submitted. COSTA MESA SANITARY DISTRICT 3 Minutes of Board of Directors Regular Meeting held April 15, 1999 • TREASURER'S REPORTS Financial Report as of The Financial Report as of March 31, 1999, was accepted as March 31, 1999, was submitted. received and filed Report of Monies on The Report of Monies on Deposit as of March 31, 1999, was Deposit as of accepted as submitted. March 31, 1999, was received and filed Approved Warrant 99 -10 Warrant Resolution #CMSD 99 -10 was approved, authorizing for April 1999, in the the President and Secretary to sign the warrant and amount of $548,387.80 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $548,387.80 END OF CONSENT CALENDAR -------------- ----------------------------------------- - - - - -- • WRITTEN COMMUNICATIONS Mr. Hamers reported receipt of a letter from Mr. Ed Fawcett, Costa Mesa Chamber of Commerce, thanking the District for their support. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS RECYCLING COMMITTEE MEETING - SPECIAL MEETING MARCH 9, 1999 STANDARDIZED CONTAINERS UPDATE ON PILOT PROGRAM Director Worthington reported the pilot program is in its 6th week. Director Worthington reported a questionnaire will be sent to all participants to ascertain the overall satisfaction level and the effectiveness of the containers. • COSTA MESA SANITARY DISTRICT 4 Minutes of Board of Directors Regular Meeting held April 15, 1999 • PAYMENT ALTERNATIVES FOR SEMI- AUTOMATED CONTAINERS Director Worthington discussed payment alternatives to purchase containers for a semi - automated system. Director Worthington suggested the District purchase the containers with 1.5 million dollars from the General Fund. Director Worthington expressed he felt it is prudent to retain a cushion for future possible emergencies. Mr. Hamers related Staff is in the process of performing an analysis on various funds to determine what they can and cannot be used for. Mr. Hamers stated new legislation going into effect in July 2000 will set new guidelines for the expenditure of District funds. Mr. Hamers presented a study showing the potential savings to Costa Mesa Disposal should the District implement a semi - automated system. Director Worthington motioned to initiate finding potential sources for • funding for the containers and contact container manufacturers to assemble a list of specifications in preparation for a bid. There was no second. Motion failed for lack of a second. Directors resolved to wait for the outcome of the fund analysis, results of the survey to participants, and the evaluation of the pilot program's overall success before purchasing containers. Directors requested Staff prepare a flow chart identifying the necessary steps to be taken and feasible ways to meet each of the necessary tasks. Staff will present an update at the May meeting. CITY OF COSTA MESA WASTE HAULER TASK FORCE MEETING - MARCH 31, 1999 Mr. Hamers reported the City of Costa Mesa held a meeting with all the City waste haulers where Bill Morris, Director of Public Works, stated he would support the good faith efforts the haulers would make in lieu of reaching 50 percent recycling by the year 2000. Mr. Morris will determine what constitutes a good faith effort. Ll • • COSTA MESA SANITARY DISTRICT 5 Minutes of Board of Directors Regular Meeting held April 15, 1999 SENATE BILL 1066 - AB939 GOOD FAITH EFFORTS Mr. Hamers reported SB1066 allows good faith efforts to be approved by the State for counties and cites that do not make 50 percent recycling by the year 2000. Mr. Hamers stated the Good Faith Efforts bill will be in effect until the year 2006. SOURCE REDUCTION AND RECYCLING ELEMENT AB 939 UPDATE ON ACTIVITIES ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Mr. Hamers presented a memorandum providing the statistics for the month of March 1999. The number of calls for service for scavenging are as follows: Location Calls for Service Cite /Arrest Area 1 2 2 Area II 1 0 Area III 2 4 Area IV 0 0 TOTAL 5 6 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning February 22, 1999, and ending March 21, 1999. Mr. Shef reported the pilot trash collection program was initiated and the Wallace Improvement Area was intensively monitored. Mr. Shef distributed 70 courtesy flyers to encourage compliance. Ms. Schmeisser inquired whether the Directors wanted her to continue to supply the itemization portion of Mr. Shefs report along with the summary report. Director Worthington expressed he found the itemization sheets to be informative and requested they remain a part of the packet. SDRMA PROPOSED BYLAW AMENDMENT - REVISING PROXY VOTING • Mr. Hamers reported he relayed the Board's disapproval of the deletion of proxy voting to the SDRMA. Mr. Hamers reported he was told there has been a history of a few individuals controlling the outcome of an election by mishandling proxy votes. Mr. Hamers reported the SDRMA will rotate COSTA MESA SANITARY DISTRICT 6 Minutes of Board of Directors Regular Meeting held April 15, 1999 • meetings between Northern and Southern California to provide an equitable opportunity for members to attend the meetings. DISTRICT WEB PAGE UPDATE Ms. Thompson reported she attended a training class on web page development and stated she has a better understanding of what is entailed. Mr. Thompson reported the City will host the District's web site, and Ms. Thompson will create and maintain the pages. Ms. Thompson plans to have the web page contain a welcome letter with the District's history, Board and Staff contact information, program information for both trash and sewer, the current newsletter, rates, billing information, press releases, and agenda and minutes from meetings. DRAFT GREASE INTERCEPTOR ORDINANCE Mr. Hamers presented the written policy from the City and recommended the District wait until OCSD has formulated their Ordinance before making a determination of whether to introduce an ordinance for grease interceptors. Mr. Hamers reported the City's policy provides protection for the District's • sewer system. SAFETY /LOSS CONTROL COMMITTEE MINUTES OF MARCH 30, 1999 MEETING Mr. Hamers provided the minutes of the Safety /Loss Control Committee for the Board's review and comment. Director Ferryman motioned to approve the minutes of the Safety /Loss Control Meeting as presented. Vice President Schafer seconded. Motion carried unanimously. LARGE ITEM COLLECTION PROGRAM Ms. Thompson provided a sample of the current door hanger to be distributed to residents to inform them of the August 16 -20 Large Item Collection Program. Ms. Thompson informed the Board she has been working with a vendor who accepts old mattresses for recycling. Ms. Thompson contacted Costa Mesa Disposal and arranged for the mattresses collected during the Large Item Collection Program and the regular call -in program to be given to the vendor for recycling. 11 COSTA MESA SANITARY DISTRICT 7 Minutes of Board of Directors Regular Meeting held April 15, 1999 • ENGINEER'S REPORTS PROJECT 160 - FAIRmEW PARK SEWER Mr. Harriers reported the project is moving along and invited any Directors or Staff interested in observing the construction to contact him at his office. Mr. Hamers reported they were attempting to complete the necessary work in the proximity of the school as quickly as possible to limit the inconvenience to the facility. TREASURER'S REPORTS ORANGE COUNTY BANKRUPTCY Mr. Puckett presented two newspaper articles, one from the Orange County Register, April 1, 1999, and one from LA Times, April 1, 1999, reporting the State Supreme Court ruled that agencies can sue companies who help public officials breach the public trust. This clears the way for a group of 10 public agencies, known as the "Killer B's" and their $200 million dollar suit against Merrill Lynch & Co. CANCELLATION OF SUPPLEMENTAL TAX APPORTIONMENT BY COUNTY • Mr. Puckett reported the County canceled the supplemental tax apportionment and sent a letter that stated that the February tax collection, 1.9 million dollars, was needed to pay or finance 1.14 million dollars of a negative supplemental assessments which would be issued in late March of 1999. Mr. Puckett attempted to call and speak to someone regarding the apportionment but was unsuccessful. Mr. Puckett will report to the Board when he has received more information regarding the apportionment. INVESTMENT OVERSIGHT COMMITTEE MEETING - APRIL 15, 1999 Mr. Puckett reported meeting with Directors Woodside and Ferryman and Staff to review the Treasurer's report for March of 1999. TIMELINE FOR DISTRICT BUDGET Ms. Thompson presented a timeline for District Budget Activities outlining the upcoming meetings to develop budget and salary percentages, capital projects, District budget, CPI increase for contractors, notification to property owners, and public hearing for trash and sewer assessments. ATTORNEY'S REPORTS • Mr. Burns gave some background regarding the components of Proposition 218 and explained the substantive portion of the Proposition defines what the charges can COSTA MESA SANITARY DISTRICT S Minutes of Board of Directors Regular Meeting held April 15, 1999 • represent and how the monies can be spent. Mr. Burns reiterated Proposition 218 states the revenues derived from the charges cannot exceed the funds required to provide the service. The revenue must not be used for any other purpose than the fee or charge imposed. The amount of the fee or charge imposed on the parcel must not exceed the proportional cost of the service attributable to the parcel. ASSEMBLY BILL 1760 Mr. Burns presented an overview of Assembly Bill 1760 regarding connection fees. Mr. Burns explained the connection charges must equate to the cost of the physical connection and there are requirements that the monies must be spent or returned. The monies collected must be accounted for. Mr. Burns stated the various monies collected must be studied and put into separate funds as set forth in the Health and Safety Code. Mr. Hamers stated Staff has finished reviewing all other fees and is currently examining the fixture fees. LOCAL MEETINGS • INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) Vice President Schafer attended the ISDOC meeting of April 6, 1999, and reported there was a financial update given and discussion held regarding increasing membership. Vice President Schafer reported Marion Burgeson will be attending the meeting of April 29, 1999. Vice President Schafer reported ISDOC is monitoring various legislation. Vice President Schafer provided the California Special Districts Planning Document for 1999 and the ISDOC agenda for the Board's perusal. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Vice President Schafer provided minutes from the January 13, 1999, meeting for the Board's perusal. Vice President Schafer reported LAFCO is monitoring the Hertzberg bill, A82621, and requested the Board plan to attend the September 17, 1999 meeting. Vice President Schafer attended the opening of the Midway City • Sanitary District's new building and provided a copy of their newsletter. • COSTA MESA SANITARY DISTRICT 9 Minutes of Board of Directors Regular Meeting held April 15, 1999 Vice President Schafer reported members of LAFCO will be visiting Rancho Santa Margarita, Mission Viejo, Las Flores, Trabuco Canyon, and Dove Canyon to view the south county areas and hold two workshops. COSTA MESA CHAMBER OF COMMERCE LEGISLATION COMMITTEE Vice President Schafer attended the Costa Mesa Chamber of Commerce Legislation Committee meeting and reported meeting a representative from the Governor's office who is soon to be located in Orange County. Vice President Schafer spoke on the accomplishments of the Costa Mesa Sanitary District. ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING OF MARCH 24, 1999 Director Ferryman reported the environmental impact report for the ground water replenishment system was approved. • SANTA ANA RIVER FLOOD PROTECTION AGENCY EXECUTIVE COMMITTEE MEETING - MARCH 25, 1999 Director Ferryman reported Dr. Richard Jones from Fullerton was elected to the Executive Board to replace George Osborne. Director Ferryman reported an update was given on the Subvention program and their goal of having the Governor restore $41 million to his 1999 /2000 fiscal year budget for subvention funding. Director Ferryman reported there was a lawsuit filed against the Army Corps of Engineers regarding the Seven Oaks Dam project and kangaroo rat habitat. Director Ferryman reported they are working on ways to keep the habitat intact. OLD BUSINESS There was no old business discussed. • 11 COSTA MESA SANITARY DISTRICT Minutes of Board of Directors RI NEW BUSINESS held ADril 15.1999 CALIFORNIA SPECIAL DISTRICTS ASSOCIATION SACRAMENTO GOVERNMENT AFFAIRS DAY - MAY 17, 1999 10 Mr. Hamers requested Board members interested in attending the Sacramento Government Affairs Day contact Ms. Revak for reservations. Directors Worthington and Schafer expressed an interest in attending the meeting. ORAL COMMUNICATIONS Ms. Thompson reported CR Transfer had a planned shutdown on March 30 for maintenance when a wear plate was discovered to be structurally damaged and in need of replacement. The plant was down until April 12. CR Transfer was sorting the trash on the floor of the facility during this time period. Ms. Thompson distributed yo -yos and eco- poppers to be distributed to children at various events. SDirector Worthington reported the Midway City Sanitary District sold bonds in 1994 to purchase trucks and trash containers. Due to savings realized with the automated trash service and other cost - cutting actions, the District voted to retire the bonds five years early. Director Woodside expressed an interest in attending the 5th Annual Conference on the Environment, Current Perspectives and Further Challenges for Business, Industry; and Government. Director Ferryman motioned a need arose after the agenda was prepared to discuss meeting attendance, made urgent due to the time constraints involved. Vice President Schafer seconded. Motion carried unanimously. Vice President Schafer motioned to allow Director Woodside to attend the 3-day conference in Anaheim on May 3, 4, and 5. Director Ferryman seconded. Motion carried unanimously. ADJOURNMENT At 7:50 p.m. President Perry adjourned the meeting. r i SECRE AIRY L, PRESIDENT