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Minutes - Board - 1995-09-14Ll COSTA MESA SANITARY DISTRICT • Minutes of Board of Directors Regular Meeting held September 14, 1995 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on September 14, 1995, 4:00 p.m., in Conference room 1 —A at the Civic Center, 77 Fair Drive, Costa Mesa. Director Ferryman called the meeting to order at 4:00 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 /Clerk of the District; Susan Temple, Treasurer. iOthers Present: None. MINUTE,APPROVAL MINUTES OF REGULAR MEETING — AUGUST 10, 1995 Director Schafer moved acceptance of the minutes of the regular meeting, August 10, 1995. Director Worthington seconded. No further discussion was held. Motion to approve the minutes of the August 10, 1995 meeting approved unanimously. SPECIAL MEETING — AUGUST 21,1995 Director Reade moved acceptance of the minutes of the special meeting, August 21, 1995. Director Schafer seconded. No further discussion was held. Motion to approve the minutes of the August 21, 1995, special meeting approved unanimously. ADJOURNED SPECIAL MEETING — AUGUST 24,1995 Ms. Reichle presented a revised copy of the minutes of the adjourned special meeting of August 24, 1995, adding the inadvertently omitted reflection of the open public hearing regarding the consideration of annual liquid waste charges to be collected with the general • taxes and the adoption of Resolution No. 95 -577. Director Schafer moved for acceptance of the revised version of the August 24, 1995, adjourned special meeting. Director COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 Page 2 • Worthington seconded. No further discussion was held. Motion to approve the minutes of August 24, 1995, adjourned special meeting approved unanimously. WRITTEN COMMUNICATIONS Mr. Hamers presented an article appearing in the Irvine World News on September 2, 1995, announcing that the Irvine household hazardous materials center has extended its hours of operation, formerly open Saturdays only and closing after serving the first 100 customers. The new hours of operation have been extended to Tuesday through Saturday, 9:00 a.m. to 1:00 p.m. and they have eliminated the 100 — customer limit. Mr. Hamers additionally presented a copy of a flyer faxed to Ms. Reichle from Ms. Linda Adams on September 6, 1995, reportedly being circulated in the Pine Creek Village area. The flyer is offering to purchase newspaper from residents at $80.00 per ton. Ms Reichle forwarded copies of the flyer to Mr. William Morris, Director of Public Services, Ms. Donna Theriault, Administration Assistant in Public Services, the Deputy City Attorney, and the Business License Division for their action. PUBLIC COMMENTS There were no public comments made. • REPORTS MANAGER'S REPORT OCCUPANCY REPORT Mr. Hamers reported a decrease of 27 units in the occupancy report for solid waste collection as of September 1, 1995 due to the updating of the trash assessment roll. Therefore, the total for September is 22,036. Staff recommends the acceptance of the count. Director Reade motioned to accept the count as presented. Director Schafer seconded. Motion to accept the occupancy report approved unanimously. Mr. Hamers recommended that the Board direct staff to prepare a warrant for $159,379.78 to Costa Mesa Disposal on October 1, 1995, for payment for September trash collection based on the September count of 22,036. Motion made by Director Perry, seconded by Director Schafer. Motion carried 5 -0. C] • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 REFUNDS MASON STEEL Page 3 Mr. Hamers reported a refund request from Mr. Mason Steel, received August 9, 1995, for the amount of $434.36, encompassing fiscal years 1992 -93 to 1994 -95, for property located at 1027 Sea Breeze Drive, Costa Mesa, a one —unit parcel, Parcel Number 935 -29 -010. Mr. Steel was unaware of the exemption forms and was using private trash services provided by 5 Star Waste Systems. Mr. Hamers advised Mr. Steel of the Board's policy of refunding the current fiscal year only. Therefore, staff recommended the Board deny Mr. Steel's request of a refund of $434.36, and issue a permanent exemption. Mr. Hamers further advised that a correction will be filed with the County to issue a revised tax bill, eliminating the trash charge for 1995 -96. Director Reade motioned to deny Mr. Steel's refund request of $434.36. Director Perry seconded. Motion to deny refund and issue a permanent exemption was approved unanimously. • WILLIAM ST. CLAIR • Mr. Hamers reported a refund request from Mr. William St. Clair, received ' August 7, 1995, for the amount of $590.24 for fiscal year 1994 -95, for property located at 2010 Santa Ana Avenue, Costa Mesa, a four —unit parcel, Parcel Number 426- 221 -03. Mr. St. Clair was unaware of the exemption forms and was using private trash services provided by Western Waste Industries Mr. Hamers advised Mr. St. Clair of the Board's policy of refunding the current fiscal year only. Therefore, staff recommended the Board deny Mr. St. Clair's request of a refund of $590.24, and issue a permanent exemption. Mr. Hamers further advised that a correction will be filed with the County to issue a revised tax bill, eliminating the trash charge for 1995 -96. Director Schafer motioned to deny Mr. St. Clair's refund request of $590.24. Director Perry seconded. Motion to deny refund and issue a permanent exemption was approved unanimously. COSTA MESA SANITARY DISTRICT' Minutes — Board of Directors Meeting held September 14, 1995 Page 4 • SOURCE REDUCTION AND RECYCLING ELEMENT — AB939 STATUS OF CITY'S WASTE PROGRAM Anti — Scavenging Solutions /Enforcement Monthly Report Mr. Hamers presented to the Board an interoffice memorandum from Mr. William J. Morris, Director of Public Services, dated August 24, 1995, to Mr. Rob Hamers, reflecting monthly police department statistics for scavenging enforcement. A total of 36 citations were issued out of 62 calls for service. Mr. Hamers related that the police department has one officer and an assistant officer in Area Il, easterly of Fairview Road and Newport Boulevard, who respond to all scavenging calls resulting in 22 arrests out of 24 calls for service in Area II. Mr. Hamers reported to the Board his attendance at a meeting, September 13, 1995, with Mr. Bill Morris, Captain Dave Brooks and Lieutenant Dennis Cost of the Costa Mesa Police Department. Captain Brooks and Lieutenant Cost have • been assigned to the anti — scavenging problem. Mr. Hamers was taken on a ride — along of various areas of the city by Captain Brooks and was shown areas of priority to the police department. Mr. Hamers related a discussion held with Captain Brooks to discuss various personnel proposed to address the scavenging problem. such as a police officer, senior reserve officer, contract code enforcement officer, and determined that a city code enforcement officer would be the appropriate choice. The Costa Mesa Sanitary District would supplement the City, utilizing District funds and the funds allocated for this purpose from CR Transfer, to provide for the services of a City code enforcement officer. President Ferryman recommended a six —month trial period for the supplementation, subject to review and continuance. Motion made by Director Reade and seconded by Director Perry to approve a $10,000 payment to the City of Costa Mesa to have the City provide a field code enforcement officer on an hourly basis for two days per week, four hours per day, for six months, beginning no later than November 1, 1995, with the officer responsible for enforcing anti — scavenging for the Costa Mesa Sanitary District's customers only, and to keep a log of areas policed and provide the results of the enforcement for District review. Motion carried 5 -0. 0 4. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 • Letter from Resident Page 5 Mr. Hamers presented a letter from Ms. Leslie Holland, 626 Center, Costa Mesa, received September 6, 1995, sent to Ms. Reichle relating her experience with scavengers removing a box of checks from a recently closed account out of Ms. Holland's trash. Ms. Holland suffered a great deal of aggravation and urged Ms.' Reichle to inform the public of the possible ramifications of scavengers having access to residential trash. Household Hazardous Waste Grant Program — Adopt Resolution 95 -578 Authorizing Grant Application Mr. Hamers introduced Resolution No. 95 -578 , authorizing the Household Hazardous Waste Grant Application to the state and empowering the manager to sign agreements should the Costa Mesa Sanitary District receive the grant. Director Perry motioned to adopt Resolution No. 95 -578, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, AUTHORIZING A HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT APPLICATION FOR THE COSTA MESA SANITARY DISTRICT. Director Schafer seconded. Motion carried 5 -0. SRRE EDUCATIONAL PROGRAM Mr. Hamers declared there was nothing to report. RECYCLING REPORTS Waste Diversion Report for August, 1995 Mr. Hamers reported 27.27% waste diversion for the month of August, 1995. Total Tonnage: 2,905.45 Tonnage Recycled: 792.23 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 August, 1995. Director Perry motioned for approval of payment to CR Transfer in the amount of $131,239.18. Director Schafer seconded. No further discussion was held. Motion carried 5 -0. n U COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 Page 6 • LOCAL MEETINGS Local Agency Formation Commission Mr. Flamers reported to the Board that Ms. Sara Anderson, Executive Officer, has resigned and Ms. Dana Smith, her assistant, has been appointed the new Executive Officer. Independent Special Districts /Orange County ( ISDOC) Executive Board Meeting Director Reade advised the Board of the Executive Board meeting attended by Directors Reade and Schafer on September 11, 1995. Director Reade advised the Board that there was no quorum. Special Meeting Director Reade reported that at the next meeting, September 28, 1995, the speaker will be Mr. John Moorlach. Director Schafer reported on the impending by —law revision at the meeting to be • held on September 28, 1995, at 7;00 p.m. Membership Renewal Mr. Hamers reported to the Board on a renewal notice, received September 1, 1995, from Ms. Joan C. Finnegan, ISDOC Treasurer, for membership dues for the Independent Special Districts /Orange County, 1995 -96, in the amount of $50.00. Director Perry motioned to authorize payment of $50.00 to ISDOC for membership dues. Director Schafer seconded. Motion carried 5 -0. City of Garden Grove /Garden Grove Sanitary District Mr. Flamers presented to the Board copies of a letter from the City of Garden Grove to the residents of Garden Grove, and letters from the Garden Grove Sanitary District to the FCC, dated August 2, 1995, and to the Orange County District Attorney, dated August 2, 1995. Mr. Flamers reported on the acrimonious situation and recommended special attention be paid to this issue. is • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 Orange County Sanitation Districts Regular Meeting Page 7 President Ferryman advised the Board upon the new Assistant General Manager of Administration, Judy Taylor. President Ferryman remarked on Ms. Taylor's qualifications and commended the appointment of Ms. Taylor. President Ferryman further reported on a study spearheaded by Mr. Ed Hodges, Director of Maintenance, to determine the feasibility of installing a compressed natural gas refilling facility. The benefit of converting to natural gas would be the stability of pricing with the possibility of contracting on a long —term basis, as well as the superior performance of a natural gas engine. Mr. Hamers advised the Board that the OCSD adopted a new ordinance that created a new user fee for new developments that produce more than fifty thousand gallons per day, specifically targeting non— domestic commercial and industrial users who have not only an excessive 'discharge, but have two component items of the sewage known as suspended solids and biodegradable oxygen demand, or BOD. 0 Review Representative to Orange County Sanitation Board President Ferryman will continue to represent the Costa Mesa Sanitary District at the Orange County Sanitation Districts Board. A review of this representation will occur in December, 1995. TREASURER'S REPORTS Financial Report Ms. Temple presented the financial statements as of August 31, 1995. Motion to accept the report as presented made by Director Perry, seconded by Director Reade. No further discussion was held. Motion to accept the financial report as presented passed unanimously. Treasurer's Report of Monies on Deposit Ms. Temple presented the report showing the District's portfolio for the month of August, 1995. Director Perry motioned to approve the Treasurer's report. Director Reade seconded. Motion to accept the Treasurer's report approved unanimously. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 Page 8 • Orange County Bankruptcy Consider Approval of Recovery Plan Ms. Temple updated the Board on the recovery plan currently under consideration. Ms. Temple will notify the Board when the plan is approved and documents are drafted for signature. ENGINEER'S REPORT Project Status Report The Project Status Report was received and filed. Development Update Mr. Hamers advised the Board on the removal of the Bear Street School scheduled to be replaced by 79 single family residences. The Costa Mesa Sanitary District will own the public sewer in the interior of the development that will serve all the units. Review of 1995 -96 Capital Improvement Projects — Boyle Engineering 0 Mr. Hamers presented the 1995 -96 Capital Improvement Project review by Boyle Engineering, dated August 29, 19950 Director Reade motioned to accept the 1995 -96 Capital Improvement Program with review by Boyle Engineering. Director Schafer seconded. Motion to accept the 1995 -96 Capital Improvement Program passed unanimously. At 5:10 p.m. Director Perry left the meeting. ATTORNEY'S REPORTS CR Transfer — Draft Recycling Agreement Mr. Burns advised the Board of the completion of a draft agreement. Mr. Burns dispatched the agreement to CR Transfer. The recycling agreement incorporated the terms set forth by the Board. Resolution 95 -579 Adopting Conflict of Interest Code Mr. Burns presented to the Board a Conflict of Interest Code to supersede the previous Conflict of Interest Code. Mr. Burns recommended adoption of Resolution No 95 -579, is A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT ADOPTING A CONFLICT OF INTEREST CODE. Director Reade motioned to adopt Resolution No. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held September 14, 1995 Page 9 95 -579. Director Schafer seconded. Motion to adopt Resolution No. 95 -579 passed unanimously. Mr. Burns alerted the Board to his retention by the City of Costa Mesa to file drug abatement action on the City's behalf. 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. Large Item Collection Program — Final Report . Ms. Reichle advised the Board on the completion of the ten —week program and reported on the success of the program with 452 tons collected. President Ferryman recommended a press release to advise of the success of the program. Ms. Reichle commended the hauler, Costa Mesa Disposal, for their superior, well — organized job. Director Schafer commended Ms. Reichle for her orchestration of the program. NEW BUSINESS Consideration of Increased Limits through Special District Risk Management Authority Mr. Hamers presented to the Board a letter dated August 3, 1995, to the Costa Mesa Sanitary District from Mr. James W. Towns, Executive Director /Risk Manager of the Special District Risk Management Authority (SDRMA), offering an additional $3 million in coverage over the basic $2.5 million limit, bringing the total coverage available to $5.5 million. Mr. Burns reported on his research into the insurance coverage of the Costa Mesa Sanitary District and discussed various liability scenarios. • Mr. ' Burns ' recommended additional research into liabilities and coverage. Director Schafer moved to hold this item over to the next meeting to allow further investigation. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held September 14, 1995 Page 10 • Mr. Burns reported on his research into the insurance coverage of the Costa Mesa Sanitary District and discussed various liability scenarios. Mr. Burns recommended additional research into liabilities and coverage. Director Schafer moved to hold this item over to the next meeting to allow further investigation. Director Reade seconded. Motion to hold this item over until the October regular meeting approved unanimously. Reimbursement Policy Mr. Hamers initiated a discussion regarding the reimbursement policy for lunches for staff and board members. In light of the City of Costa Mesa abolishing its reimbursement policy, President Ferryman directed staff to compile a summary of the expense account items incurred during the past six months for the Costa Mesa Sanitary District for the Board's review. Ms. Temple suggested the institution of a petty cash program to cover supply necessities. WARRANT REPORT Motion made by Director Schafer, seconded by Director Worthington, authorizing the President and Secretary to sign Report No. 96 -03 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $351,902.22, Motion carried 4 -0, with Director Perry absent. ORAL COMMUNICATIONS Director Schafer requested the Community Summit Subcommittee report on disaster preparedness be added to the agenda. Ms. Reichle advised the Board of her upcoming three -week vacation, commencing September 25, 1995 to October 13, 1995. During her absence, Ms. Joan Revak will be assisting Ms. Guastella. ADJOURNMENT At 5:45 p.m. Director Ferryman adjourned the meeting. Secretary Preside