Loading...
Minutes - Board - 1995-08-10�W COSTA MESA SANITARY DISTRICT • Minutes of Board of Directors Regular Meeting held August 10, 1995 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on August 10, 1995, 6:00 p.m., 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. • Others Present: None. MINUTE APPROVAL MINUTES OF REGULAR MEETING — JULY 13, 1995 Director Worthington brought the Board's attention to a correction required in the minutes of July 13, 1995, on page 6, to reflect that Director Ferryman, not Director Worthington, was in attendance at the June 28, 1995, meeting with Mr. Allan Roeder, City Manager; Mr. William Morris, Director of Public Services; Mr. David Snowden, Chief of Police, and Mr. Rick Johnson from the Costa Mesa Police Department to discuss the options for scavenging violation enforcement. The amended minutes reflected in part: Mr. Hamers related to the Board a meeting held on June 28, 1995, attended by Directors Ferryman and Reade who accompanied staff to meet with Mr. Allan Roeder, City Manager; Mr. William Morris, Director of Public Services; Mr. David Snowden, Chief of Police, and Mr. Rick Johnson from the Costa Mesa Police Department to discuss the options for scavenging violation enforcement. Director Reade moved acceptance of the minutes of the regular meeting, July 13, 1995, as corrected. Director Perry seconded. Motion to approve the minutes of July 13, 1995, • as corrected approved unanimously. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 2 • ADJOURNED SPECIAL MEETING — JULY 6, 1995 Director Schafer moved acceptance of the minutes of the adjourned special meeting, July 6, 1995. Director Worthington seconded. No further discussion was held. Motion to approve the minutes of the July 6, 1995, adjourned special meeting approved unanimously. WRITTEN COMMUNICATIONS Mr. Hamers reported receipt of letter from Mr. Jim Silva, Supervisor, Second District, to Mr. James Ferryman, President of the Costa Mesa Sanitary District, dated July 26, 1995, responding to the Costa Mesa Sanitary District's opposition to altering property tax allocations for bankruptcy recovery. Mr. Silva states that he will not support any reallocation of property taxes or reserves which would cause the need to increase fees or rates, and further states that he will carefully review the specific recommendations presented by the recovery team. PUBLIC COMMENTS There were no public comments made. REPORTS • MANAGER'S REPORT OCCUPANCY REPORT Mr. Hamers reported a decrease of 5 units in the occupancy report for solid waste collection as of August 1, 1995. Therefore, the total for August is 22,063. Staff recommends the acceptance of the count. Director Reade motioned to accept the count as presented. Director Perry seconded. Motion to accept the occupancy report approved unanimously. Mr. Hamers recommended that the Board direct staff to prepare a warrant for $159,575.06 to Costa Mesa Disposal on September 1, 1995, for payment for August trash collection based on the August count of 22,063. Motion made by Director Reade, seconded by Director Perry. Motion to prepare the warrant approved unanimously. Mr. Hamers recommended that the Board direct staff to approve a retroactive payment to Costa Mesa Disposal Inc, reflecting the CPI increase for July trash collection calculated as follows: 22,068 occupancy x $0.1725 = $3,806.73. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 3 • The CPI increase, effective July 1, 1995, was approved at the July 13, 1995, regular meeting. The payment made to Costa Mesa Disposal for July trash collection was based on the previous rate. Director Reade motioned to approve the payment to Costa Mesa Disposal Inc. for $3,806.73. Director Perry seconded. Motion carried 5 -0. REFUNDS THOMAS CROSSON Mr. Hamers reported a refund request from Mr. Thomas Crosson, dated July 26, 1995, for the amount of $3,780.82, covering the 1986 -87 fiscal year through the 1994 -95 fiscal year for property located at 180 Cecil, a three —unit parcel, Parcel Number 426 - 063 -17. Mr. Crosson was unaware of the exemption and was using private trash service. Mr. Flamers further reported that Mr. Crosson was charged erroneously for six units in the 1987 -88 to 1990 -91 fiscal years, and four units for the 1991 -92 to 1994 -95 fiscal years instead of three units. Mr. Flamers recommended the issuance of a refund, in accordance with the Board's policy to refund for the units charged in error and for the current fiscal year, of $1,589.73 for trash and a permanent exemption was recommended. Additionally, a refund of $202.00 for sewer charges on the units charged in error was recommended for a total refund of $1,791.73. Director Reade motioned to approve the refund of $1,791.73. Director Perry seconded. Motion approved unanimously. EDWARD LEE Mr. Hamers advised the Board of a refund request from Mr. Edward Lee, dated July 20, 1995, for the amount of $642.39, encompassing fiscal years 1991 -92 to 1994 -95, for property located at 425 Ford Road, Costa Mesa, a three —unit parcel, Parcel Number 419 - 202 -01. Mr. Lee was erroneously billed for four units instead of three. Mr. Hamers recommended a refund of $67.87 for sewer and a refund of $574.52 for trash, for a total refund of $642.39. Director Schafer motioned to refund a total of $642.39 for the fiscal years 1991 -92, 1992 -93, 1993 -94 and 1994 -95. Director Reade seconded. Motion to approve the refund approved unanimously. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 SOURCE REDUCTION AND RECYCLING ELEMENT - AB939 STATUS OF CITY'S WASTE PROGRAM Anti - Scavenging Solutions /Enforcement Page 4 • Mr. Hamers presented to the Board an interoffice memorandum from Mr. William J. Morris, Director of Public Services, dated July 19, 1995, to Mr. Rob Hamers, reflecting monthly police department statistics for scavenging enforcement. A total of 4 citations were issued out of 45 calls for service. Mr. Hamers additionally reported he has not heard back from the police department regarding additional manpower and cost figures for hiring an anti - scavenging enforcement officer. Mr. Burns reported that he contacted Mr. Tom Kathe, as directed by the Board at the July 13, 1995, regular meeting, to discuss the prosecution of scavengers. Mr. Burns related the ensuing conversation to the Board. Mr. Kathe told Mr. Burns that the police department produced a training circular and that they are utilizing a consultant to promote awareness. They have a new Deputy City Attorney who will begin on Monday, August 14, 1995, who will be assigned court • dates to prosecute scavenging infractions. Mr. Burns further related that the manpower shortage in the police department for issuing citations appears to be the weak link in the system. Mr. Burns further related that the Deputy City Attorney will prosecute the scavenging infractions at no cost to the Costa Mesa Sanitary District. Ms. Temple advised the Board of a schedule adopted in May, 1995, that outlines the cost figures for special services. Mr. Hamers requested a copy of that schedule from Ms. Temple. Household Hazardous Waste Grant Program Mr. Hamers reiterated that the Costa Mesa Sanitary District is filing a joint application with the City of Costa Mesa. SRRE EDUCATIONAL PROGRAM Response to Summer Newsletter Mr. Hamers reported a notably enthusiastic response to the newsletter. Ms. Reichle reported approximately 120 requests for the compost guide and • numerous requests for the anti- scavenging adhesive signs. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 5 i President Ferryman related to the Board the positive comments he received from the public regarding the newsletter. RECYCLING REPORTS Waste Diversion Report for July 1995 Mr. Hamers reported 25.18% waste diversion for the month of July, 1995. Total Tonnage: 2,706.15 Tonnage Recycled: 681.32 The Waste Diversion Report was received and filed. Approve Contract Payment Mr. Hamers recommended to the Board the approval of contract payment to CR Transfer for the month of July, 1995. Director Reade motioned for approval of payment to CR Transfer in the amount of $122,236.79. Director Perry seconded. No further discussion was held. Motion carried 5 -0. • LOCAL MEETINGS Local Agency Formation Commission Mr. Hamers presented to the Board the LAFCO meeting agenda. Mr. Hamers advised the Board of Assembly Bill 49, which calls for Counties, Cities, and Special Districts to contribute a proportional share of property tax revenues toward the funding of LAFCO. Mr. Hamers further advised the Board on the departure of Sara Anderson, Executive Director. Independent Special Districts /Orange County (ISDOC) Special Meeting — 8 -4 -95 Director Schafer advised the Board of the Meeting, Friday, August 4, 1995, at MWDOC. The agenda consisted of the Orange County Delegation proposal for solving the bankruptcy. Director Schafer provided the minutes of the special meeting of August 4, 1995, for the Board's review. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Executive Board Meeting Page 6 Director Schafer further advised the Board of the regular August meeting. At this meeting it was decided to mail the by -laws out to the members to evaluate and return within 65 days. Director Schafer additionally advised the Board of a meeting held August 10, 1995, in which a fervent debate regarding the approval of the by -laws ensued, resulting in a recall of the distributed by -laws. Orange County Sanitation Districts Regular Meeting President Ferryman advised the Board of the election of Mr. Peer Swan to the position of Joint Vice Chairman, and Mr. John Cox was elected Chairman. President Ferryman reported the advancement of the consolidation of the nine districts that make up the Orange County Sanitation Districts. r1 L_J President Ferryman related that a consultant has been retained to study the feasibility of the Orange County Sanitation District purchasing the landfills from • Orange County at approximately $250,000,000. TREASURER'S REPORTS Financial Report Ms. Temple reported on an error with the 1993 -94 balance sheet computations and stated that due to time constraint difficulties stemming from her involvement in a special Orange County Bankruptcy meeting, the Financial Report will be corrected and presented at the adjourned special meeting on August 24, 1995. Director Reade motioned to table the Financial Report until the August 24, 1995, adjourned special meeting. Director Schafer seconded. Motion to table the Financial Report approved unanimously. Treasurer's Report of Monies on Deposit J Ms. Temple reported that the reconciliation from the bank has not yet been received and the Treasurer's Report of Monies on Deposit will be presented at the August 249 1995, adjourned special meeting. Orange County Bankruptcy • Update 0 is COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 7 Ms. Temple advised the Board that the governor vetoed SB75 and gave the County three weeks to devise a recovery plan. Ms. Temple updated the Board on the four groups working toward that end which included The Family of Governments, the County of Orange, the Orange County Legislative Delegation, and the League of California Cities. Ms. Temple presented to the Board a breakdown of the four different plans devised by each of the four entities. The League of California Cities requested the City Managers to put together a Technical Committee to assess the components of the three existing plans and devise an additional plan that would meet the majority of the objectives. Ms. Temple was assigned to the Technical Committee comprised of an elected official, Mr. Richard Dixon from Lake Forest, four City Managers, four Finance Directors and the attorney representing the cities. The Technical Committee's plan was positively received and they were invited to join the Orange County Business Council. Ms. Temple described in detail the Technical Committee's plan outlined in the handout presented to the Board and recommended support from the Costa Mesa Sanitary District for the proposal of the League of California Cities presented on August 10, 1995, reflected as follows: $ 95 County debt refinancing (1) 350 Loan from OCTA — repaid with gas tax currently allocated to County ($15 million for 23 years) (2) 250 Sale of Landfills to Sanitation Districts (3) 105 Property tax shift from Harbors, Beaches & Parks, and Flood Control District funds (4) $ 800 Immediate Solution $ 763 Secured Claims (5) $ 1.563 billion Solution Notes: I. The County has $1.0 billion in debt that could be restructured resulting in a $95 million one —time cash inflow at no additional cost. 2. County currently receives $31 million in gas tax, a portion of which could be allocated to OCTA. 3. Requires negotiations between County Sanitation Districts and the County regarding landfill values and closure liability. 4. County must determine distribution of property tax shift among County controlled Districts. Would require County to issue $105 million in debt paid over 20 years. 5. Non— school Pool Participant settlement secured and repayment claims, including Option B claims, become subordinate to all non — County claims, but receive 100% of litigation recoveries until paid in full and control of litigation. THIS PROPOSAL PRE — SUPPOSES THE APPOINTMENT OF A TRUSTEE TO IMPLEMENT THE COMPONENTS OF THIS PROPOSAL. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 8 Director Schafer motioned to approve in concept the document from the League of California Cities as presented on August 10, 1995, by Ms. Temple with the authority to provide written approval as requested. Director Perry seconded. The motion to approve the document in concept and the issuance of written, support approved unanimously. Mr. Burns distributed to the Board an article appearing in The California Lawyer, detailing the Merrill Lynch lawsuit and speculating on the chances for recovery of funds. Director Schafer distributed to the Board an article from Supervisor Marian Bergeson, 5th District, entitled, A 5th DISTRICT SURVEY — — After Measure R ENGINEER'S REPORT Project Status Report The Project Status Report was received and filed. Development Update Mr. Hamers advised there was nothing to report. • Review of 1995 -96 Capital Improvement Projects — Boyle Engineering Mr. Hamers reported the 1995 -96 Capital Improvement Project review by Boyle Engineering will be addressed on a forthcoming agenda. ATTORNEY'S REPORTS CR Transfer — Draft Recycling Agreement Mr. Burns advised the Board of the completion of a rough draft agreement. Mr. Burns dispatched the agreement to Mr. Hamers for review. The recycling agreement will be discussed further at a subsequent meeting. OLD BUSINESS STATUS REPORT — PENDING ITEMS Mr. Hamers declared there is nothing to report, there are no pending items. Creative Management Solutions — Financial Study City /District Contract • Mr. Hamers reported that this study is continuing. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 9 0 City of Newport Beach — Irvine Avenue Manhole Claim Revised Agreement Mr. Hamers reported the revised agreement will be presented at a subsequent meeting. 1995 TELEPHONE BOOK RECYCLING PROGRAM Mr. Hamers discussed his letter to GTE, dated July 27, 1995, reviewing the program and requesting their participation. GTE has not responded at the current time. Mr. Hamers further related that Donnelley and Pac Bell had both responded. Mr. Hamers stated that he will be following up on this item. NEW BUSINESS Reimbursement for Sewer Occurrence — Susan and Steve Rooney Mr. Hamers reported a request for reimbursement of $324.90 from Mr. and Mrs. Steve Rooney, 1914 Santa Ana Avenue, for a sewer occurrence on July 17, 1995. A stoppage in the sewer necessitated carpet cleaning and bathroom sanitizing at the Rooney home. Staff recommended reimbursement of $4.90 for supplies, $50.00 labor, $270.00 carpet cleaning, for a total payment of $324.90 issued upon receipt of a release signed by Susan and Steve Rooney. Director Perry motioned to authorize reimbursement for the incident on the terms presented. Director Reade seconded. Motion carried 5 -0. Reimbursement for Manhole Cover Incident — John Fritz Mr. Hamers reported a reimbursement request dated August 1, 1995, for an occurrence on May 2, 1995, from Mr. John Fritz. Mr. Fritz was driving on Harbor Boulevard at Sunflower Avenue, May 2, 1995, when a manhole cover, unseated by previous traffic, impacted and damaged the underside of Mr. Fritz's automobile. The request was filed with the City of Costa Mesa and redirected to the Costa Mesa Sanitary District. Ms. Reichle contacted the SDRMA and was advised that the SDRMA would issue a reimbursement to Mr. Fritz in the amount of $2,443.48 and bill the Costa Mesa Sanitary District for the deductible. A reimbursement of $2,443.48 for automobile repair of $2,009.76 and rental car fees of $333.72 will be presented to Mr. Fritz upon receipt of a release form signed by Mr. Fritz. Director Schafer motioned to authorize reimbursement for the incident on the terms presented. Director Perry seconded. Motion carried 5 -0. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 10, 1995 Page 10 • CA Special Districts Association Annual Conference Reservations - September, 1995 Ms. Reichle reported to the Board of her inquiry to the CSDA of the possibility of purchasing and sharing an admittance to the Annual Conference of the California Special Districts Association among Board members. A determination was made to purchase a single registration and divide attendance at the various functions between Directors Ferryman, Perry and Mr. Hamers. Ms. Reichle will coordinate the attendance of the participants. Director Schafer motioned to purchase one registration to the Annual Conference of the CSDA. Director Perry seconded. No further discussion was held. Motion carried 5 -0. WARRANT REPORT Motion made by Director Reade, seconded by Director Perry, authorizing the President and Secretary to sign Report No. 96 -02 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $433,918.68. Motion carried 5 -0. 0 ORAL COMMUNICATIONS Director Schafer commended the Board on their level of commitment, spirit of cooperation and endeavors to communicate. Director Schafer recommended the inclusion of the Board member's names on the residential large item clean -up notification. Ms. Reichle commented on the invitation to a party at Marilyn Brewer's home for August 10, 1995. Ms. Reichle declined the invitation for all Board members in light of the conflict with the current Board meeting. ADJOURNMENT At 7:50 p.m. Director Ferryman adjourned the meeting to the special meeting on August 24, 1995, at 6:00 p.m. at the Civic Center, Conference Room 1 -A, 77 Fair Drive, Costa Mesa. Secretary ` President