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Minutes - Board - 1995-11-09• COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held November 9, 1995 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on November 9, 1995, 6:00 p.m., in Conference room 1 —A at the Civic Center, 77 Fair Drive, Costa Mesa. Director Ferryman called the meeting to order at 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 /Clerk of the District; Susan Temple, Treasurer. • Others Present: Mr. Mike Silva, CRT, 11292 Western, Stanton, CA 90680; Mr. Charles Chen, 3407 Quiet Cove, Corona Del Mar, CA 92625; Mr. Kevin Coleman, 3188 —G Airway, Costa Mesa, CA 92626 MINUTE APPROVAL MINUTES OF REGULAR MEETING — OCTOBER 12,1995 Director Perry moved acceptance of the minutes of the regular meeting, October 12, 1995. Director Schafer seconded. Motion to approve the minutes of the October 12, 1995, meeting was approved unanimously. WRITTEN COMMUNICATIONS Mr. Hamers presented an article from the Newport Beach/Costa Mesa Daily Pilot, dated November 2, 1995, concerning the escalation of scavenging in Newport Beach. Mr. Hamers presented an additional article from the Newport Beach/Costa Mesa Daily Pilot, dated November 2, 1995, announcing the completion of the California School Boards Association Master of Boardsmanship Program by President Ferryman. • PUBLIC COMMENTS There were no public comments made. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 REPORTS MANAGER'S REPORT OCCUPANCY REPORT Page 2 Mr. Hamers reported a decrease of 37 units in the occupancy report for solid waste collection as of November 1, 1995. Therefore, the total for November is 21,997. 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 $159,097.70 to Costa Mesa Disposal on December 1, 1995, for payment for November trash collection based on the November count of 21,997. Motion made by Director Reade, seconded by Director Perry, and carried 5 -0. REFUNDS DONALD HESTER • Mr. Hamers reported a refund request received October 25, 1995, from Mr. Donald Hester, for trash collection charges in the amount of $310.27, fiscal years 1994 -1995 and 1995 -1996, for property located at 2223 Pacific Ave, Unit P, Costa Mesa, CA, 92627- 4892, a one —unit parcel, Parcel Number 931 - 170 -22. Mr. Hester was unaware of the exemption forms and was using private trash services. Mr. Hamers had advised Mr. Hester of the Board's policy of refunding the current fiscal year only. Therefore, staff recommended the Board deny Mr. Hester's request of a refund of $147.56 for fiscal year 1994 -1995, and issue a permanent exemption. Mr. Hamers further advised that a correction was filed with the County on October 26, 1995, to issue a revised tax bill, eliminating the trash charge for 1995 -1996. Director Reade motioned to deny Mr. Hester's refund request of $147.56. Director Perry seconded. Motion to deny the refund and issue a permanent exemption was approved unanimously. KEVIN COLEMAN Mr. Hamers reported a refund request from Mr. Kevin Coleman, dated October 20, 1995, for sewer services in the amount of $29,881.15 for fiscal years 1991 -1992 to 1994 -1995, • for property located at 3188 F & G Airway, Costa Mesa, CA 92626, Parcel Number 427 - 193 -35. 0 COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 Page 3 Mr. Hamers advised the Board that Mr. Coleman was being charged for 587,014 sq. ft. of building,•the entire Koll Irvine Condominium complex, and Mr. Coleman should have been charged for 8,030 sq. ft. of building. Therefore, staff recommended the Board grant Mr. Coleman's request for a refund of $29,881.15. Mr. Hamers further advised that a correction was filed with the County on October 24, 1995, to issue a revised tax bill, correcting the sewer charge for 1995 -1996. Director Reade motioned to grant Mr. Coleman's refund request of $29,881.15. Director Perry seconded. Motion to grant a refund to Mr. Coleman of $29.881.15 was approved unanimously. LINDA AND MICHAEL McKENNA Mr. Hamers reported a refund request from Linda and Michael McKenna, dated September 26, 1995, for the amount of $147.56, fiscal years 1994 -1995 and 1995 -1996, for property located at 2223 Pacific Ave, Unit L, Costa Mesa, CA, 92627, a one —unit parcel, Parcel Number 931- 170 -19. The McKennas were unaware of the exemption forms and were using private trash services. • Mr. Hamers had advised the McKennas of the Board's policy of refunding the current fiscal year only. Therefore, staff recommended the Board deny the McKennas's request for a refund of $147.56 for fiscal year 1994 -1995, and issue a permanent exemption. Mr. Hamers further advised that a correction was filed with the County to issue a revised tax bill, eliminating the trash charge for 1995 -1996. Director Perry motioned to deny the McKennas' refund request of $147.56. Director Reade seconded. Motion to deny the refund and issue a permanent exemption was approved unanimously. SOUTHERN CALIFORNIA COLLEGE .Mr. Hamers reported a refund request from Southern California College for sewer services in the amount of $7,470.57, dated August 25, 1995, for fiscal year 1991 -1992, for property located at 55 Fair Drive; costa mesa, CA 92626, Parcel Number 419151 -03 and 419 - 151 -13. The college had underpaid $2,041.94 on Parcel Number 419 - 151 -13, and overpaid $9,512.51 on Parcel Number 419 - 151 -03. Director Schafer motioned to grant the Southern California College a refund of $7,470.57. Director Reade seconded. Motion to grant the refund request approved unanimously. • L_J COSTA MESA SANITARY DISTRICT Minutes Board of Directors Meeting held November 9, 1995 CHARLES CHEN Page 4 Mr. Flamers reported three refund requests for trash services from Mr Charles Chen, dated October 27, 1995. The first for the amount of $5,051.76, fiscal years 1989 -1990 to 1994 -1995, for property located at 2645 Santa Ana, Costa Mesa, CA, 92627, a seven — unit parcel, Parcel Number 439 - 201 -32; a second refund request of $4,348.47 for fiscal years 1989 -1990 to 1994 -1995, for property located at 2641 Santa Ana, Costa Mesa, CA 92627, a six —unit parcel, Parcel Number 439 - 201 -31; a third refund request for $4,021.64 for fiscal years 1991 -1992 to 1994 -1995 for property located at 2635 Santa Ana, Costa Mesa, CA 92627, a seven —unit parcel, Parcel Number 439 - 201 -30. Mr. Chen was in attendance at the meeting and explained that he was unaware of the exemption forms and was using private trash services. Mr. Chen stated that he had first become aware of the exemption form when it was included in a business tax bill sent to him in 1994 by the City of Costa Mesa. Mr. Chen stated he was unaware he was to have filed for a business license prior to the notification from the City of Costa Mesa, and therefore did not receive notification of the exemption in his business license renewal. Mr. Hamers apprised Mr. Chen of the other notification procedures used by the District. • Mr. Flamers had advised Mr. Chen of the Board's policy of refunding the current fiscal year only. Therefore, staff recommended the Board deny Mr. Chen's request of a refund of $13,421.87 for fiscal years 1989 -1990 to 1994 -1995, and issue a permanent exemption. Mr. Hamers further advised that a correction was filed with the County to issue a revised tax bill, eliminating the trash charges on all three properties for 1995 -1996. Director Worthington motioned to deny Mr. Chen's refund request of $13,421.87. Director Perry seconded. Motion to deny the refund and issue a permanent exemption was approved unanimously. OLD BUSINESS Agreement with CR Transfer Mr. Hamers reported that CR Transfer had accepted the agreement as written with no modifications. Mr. Flamers and Mr. Burns reworded a portion of the agreement to clarify issues, and CR Transfer agreed to the clarifications. Mr. Burns gave a brief recitation of the aspects of the new contract highlighting the • following: the evergreen clause, the hazardous waste indemnification, the most — favored rate clause, AB939 funds, composting of green waste, the contributions to the anti — scavenging program, improved indemnification provisions, and improved insurance provisions. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 Page 5 President Ferryman initiated discussion regarding the location of landfill sites to be used, stating concern for the future requirement of disposing of waste within the County of Orange. Mr. Burns added to the contract the following statement: District reserves the right to direct the disposal of its residual tonnage to a facility, provided that the parties shall thereafter renegotiate other related provisions of this contract. Mr. Silva agreed to the inclusion of this language. Director Reade motioned to approve the contract with CR Transfer and authorize signatures, with the inclusion of the proviso written by Mr. Burns. Director Schafer seconded. Motion carried 5 -0. SOURCE REDUCTION AND RECYCLING ELEMENT — AB939 STATUS OF CITY'S WASTE PROGRAM • Anti — Scavenging Solutions /Enforcement Mr. Hamers advised the Board that the City was still reviewing the proposals for contract code — enforcement officers for the City. The City has confirmed that the code — enforcement officers hired by the City will have citing authority. Mr. Perry Valentine is determining the effectiveness of whether the Costa Mesa Sanitary District should contract directly for the code — enforcement officer or join with the City. The Costa Mesa Sanitary District will be charged for hours spent enforcing anti — scavenging in the Costa Mesa Sanitary District's areas. Director Schafer requested that Staff ascertain a proposed date of when the code — enforcement officer will be approved and hired. Mr. Hamers presented to the Board an interoffice memorandum from Mr. William J. Morris, Director of Public Services, dated November 7, 1995, to Mr. Rob Hamers, reflecting monthly police department statistics for scavenging enforcement. One citation was issued out of 40 calls for service. State Anti — scavenging Grant — Rejection of Proposal Mr. Hamers reported that the State anti — scavenging grant was awarded to eight cities in • California. The Costa Mesa Sanitary District's $16,000 request was rejected. U COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 SRRE EDUCATIONAL PROGRAM Household Hazardous Waste Grant Application Mr. Hamers stated there was nothing to report. Newsletter — Future Topics Page 6 Mr. Hamers inquired whether Board members had recommendations for topics to be included in the upcoming newsletter. Director Schafer suggested an item explaining trash charges for residents, elaborating on the residential areas serviced by the Costa Mesa Sanitary District and the commercial areas serviced by the City of Costa Mesa. President Ferryman suggested including absentee owners as recipients of the newsletter. RECYCLING REPORTS • Waste Diversion Report for October, 1995 Mr. Hamers reported 29.54% waste diversion for the month of October, 1995. Total Tonnage: 2,579.11 Tonnage Recycled: 761.90 Director Perry motioned to accept the Waste Diversion Report. Director Schafer seconded. The Waste Diversion Report was approved unanimously. Approve Contract Payment Mr. Hamers recommended the approval of contract payment to CR Transfer for the month of October, 1995. Director Schafer motioned for approval of payment to CR Transfer in the amount of $116,498.37. Director Perry seconded. No further discussion was held. Motion carried 5 -0. LOCAL MEETINGS Local Agency Formation Commission Mr. Hamers informed the Board that he reviewed the agenda and has nothing to report. Pi • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 Independent Special Districts /Orange County (ISDOC) Executive Board Meeting Page 7 Director Reade related that at the November Executive Board meeting a list of nominees was requested by some of the members. Director Schafer's name was not on the list and Ms. Schafer was told that the nominating committee was going to announce her candidacy only at the December 4th meeting. Director Reade recommended the Costa Mesa Sanitary District members attend the December 4th meeting in support of Director Schafer. Orange County Sanitation Districts Regular Meeting President Ferryman commented further on the landfill study. President Ferryman reported on a meeting he attended with the Santa Ana River Flood Control Agency. President Ferryman advised the Board that the County and the Army Corps of Engineers have proposed to scale back the Prado Dam project to the hundred —year flood level. President Ferryman reported that further information will be provided. TREASURER'S REPORTS Financial Report Ms. Temple presented the financial statement as of October 31, 1995. Motion to accept the report as presented made by Director Perry, seconded by Director Schafer. 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 October, 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 November 9, 1995 Orange County Bankruptcy Update Page S Ms.' Temple reported that the County has withheld November, 1994, payments in some cases. Ms. Temple is attending a meeting on Monday, November 13, 1995, to receive more information and will prepare a claim if any of the District's property taxes were withheld. Consider Approval of Recovery Plan Ms. Temple reported a request to forgo approval of the consensus plan until there is further clarification. Director Schafer motioned to table the approval. Director Reade seconded. Motion to table the approval of the recovery plan was deemed approved. ATTORNEY'S REPORTS Legal Report on Orange County Bankruptcy Mr. Burns presented a summary of the Costa Mesa Sanitary District's existing rights and what is being proposed in the bankruptcy proceedings. Mr. Burns stated he cannot recommend the approval of the Joint Agreement at the present time. ENGINEER'S REPORT Project Status Report The Project Status Report was received and filed. Development Update Mr. Hamers advised the Board that there was nothing to report. Proposal to begin Project #1.44 — Manhole Rehabilitation Mr. Hamers presented a proposal to begin Project #144, Manhole Rehabilitation as fully described in the 1995 -1996 Capital Improvement Program. The project will consist of rehabilitating various manholes experiencing such problems as deterioration due to gas concentration, corroded metal steps, worn out rings and covers, worn out manhole channels at the bottom of manholes, and manholes needing to be raised or lowered to • match the street surface elevation. COSTA MESA SANITARY DISTRICT • Minutes — Board of Directors Meeting held November 9, 1995 Page 9 The design phase will be completed at the standard hourly rates shown below, not to exceed $9,500. Engineer $59.00/hour Drafting 47.00/hour Director Schafer motioned to approve the design phase of Project #144 as presented. Director Perry seconded. Motion to approve the design phase passed unanimously. ATTORNEY'S REPORTS (Revisited) Claim — Mickey Lynn Snyder Mr. Burns presented the claim from Mickey Lynn Snyder to the Board and gave a brief description of the claim. Mr. Hamers recommended that the Board reject the claim since the claim was a traffic accident between a Costa Mesa Disposal truck and another vehicle outside the City of Costa Mesa in the City of Westminster. Costa Mesa Disposal's attorney has been made aware of the claim. Director Perry motioned to reject the claim. Director Schafer seconded. Motion to reject the claim passed unanimously. Orange County Standard Emergency Management System (SEMS) — Consider approval Mr. Burns presented his analysis of the Orange County Standard Emergency Management System, and expressed concern over the system's ambiguity and complexity. Mr. Burns recommended postponing approval until there is further clarification. President Ferryman requested Mr. Burns express the Board's concern regarding the report. Director Reade motioned to table the report. Director Perry seconded. Motion to table the report passed unanimously. OLD BUSINESS (Revisited) 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 — Set Study Session Mr. Hamers presented the Preliminary Report prepared by Creative Management Solutions. A study session was scheduled for November 29, 1995 at 12:00 p.m. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 District Office Staffing Needs Page 10 Mr. Hamers presented an interoffice memorandum from Ms. Reichle. Mr. Hamers recommended the hiring of an administrative secretary as an assistant to Ms. Reichle to commence as soon as possible and remain until Ms. Reichle's retirement, at which time the Board will reassess their needs. Director Perry motioned to approve the hiring of an administrative secretary. Director Reade seconded. Motion carried 5 -0. Telephone Book Recycling Program Update Ms. Reichle advised the Board of the decision from GTE and Donnelley Directories to withdraw from the program. Mr. Paul Curtis advised that Donnelley could not join in the program because they have declined requests from other Orange County cities and are not prepared for county —wide participation this year. Mr. George Gunnells of GTE said that they are working on a more comprehensive program for future years involving the schools. Heller Park and Coastline College at Mesa Verde and Baker have been removed as drop —off locations. Von's markets on Baker and Harbor and East 17th have been added. Ms. Reichle reported on the addition of the services of Bonded Document Destruction & Recycling placing bins for directories, at no cost, at any location where 25 or more directories are delivered. Press releases have been sent to the Chamber of Commerce Business Outlook and the Community Report. All other media will be notified after the first appearance of the directories in Costa Mesa. President Ferryman left at 7:40. Chamber Community Summit — Disaster Preparedness Video Update Director Schafer will have an update at the December meeting. NEW BUSINESS California Special Districts Association Membership Renewal • Mr. Hamers presented the Board with a statement for 1996 membership dues for the California Special Districts Association (CSDA) with a renewal fee of $1,714.00. Director Reade motioned to approve the membership renewal. Director Schafer seconded. Motion carries 4 -0, President Ferryman absent. • • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held November 9, 1995 Recognition for Service to ISDOC — Director Reade Page 11 The Board directed Staff to prepare a resolution of commendation to honor Director - Reade for his many years of service to ISDOC. Motion to direct Staff to prepare a commendation for Director Reade carried 3 -0, President Ferryman absent, Director Reade abstained. Motion made by Director Perry, seconded by Director Schafer, authorizing the President and Secretary to sign Report No. 96 -05 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $460,272.45. Motion carried 4 -0, President Ferryman absent. ORAL COMMUNICATIONS Mr. Hamers initiated discussion on setting a date for a holiday gathering. Director Perry suggested that, due to President Ferryman's absence, the date be discussed at the Study Session on November 29, 1995. ADJOURNMENT At 7:48 p.m. Director Perry adjourned the meeting. Secr ry .h President