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Minutes - Board - 1996-08-08COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held August 8, 1996 • Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on August 8, 1996, at 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 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; Reba Coulter, Finance; Dawn Guastella, Permit Specialist; Joan Revak, Administrative Secretary. • Others Present: Mr. Douglas Foster, 2191 Rural Lane, Costa Mesa. CONSENT CALENDAR Mr. Hamers advised the Board of a correction to the Consent Calendar. The refund request of Manouchehr Malek was corrected to reflect a trash and sewer refund of $2,634.82. Approval On motion by Director Perry, seconded by Director Schafer, and carried 5 -0, all Consent Calendar items, after correction to the refund, were approved as recommended. MINUTES Approved Minutes of Special Meeting, July 8, 1996 Approved Minutes of Regular Meeting, • July 11,'1996 The minutes for the special meeting of July 8, 1996, were approved as distributed. The minutes for the regular meeting of July 11, 1996, were approved as distributed. • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 REPORTS MANAGER'S REPORTS Page 2 Approved Occupancy' Report The Trash Occupancy Count reflected a decrease of 5 units and payment of in the occupancy report for solid waste collection as of $160,832.05 to Costa Mesa August 1, 1996. Therefore, the total for August is 21,898. Disposal for trash collection Board directed Staff to prepare a warrant for $160,832.05 services for August 1996 to Costa Mesa Disposal on September 1, 1996, for payment for August trash collection based on the August count of 21,898. PROOF OF OUTSIDE TRASH SERVICE AND SIGNED STATEMENTS Approved payment of In accordance with Resolution No. 96 -584, adopted by the $1,818.72 to Costa Mesa Sanitary District on April 17, 1996, a trash Ms. Madeline DiCarlo refund request from Ms. Madeline DiCarlo was approved in the amount of $1,818.72 for property located at 725 James • Street, a four —unit parcel, Assessor's Parcel No. 424 -053- 05, for fiscal years 1993 -94, 1994 -95 and 1995 -96. Ms. DiCarlo has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. Approved payment of In accordance with Resolution No. 96 -584, adopted by the 2,634.82 to Costa Mesa Sanitary District on April 17, 1996, a trash and Mr. Manouchehr Malek sewer refund request from Mr. Manouchehr Malek was approved in the amount of $2,634.82, for property located at 1940 Maple Avenue, a sixteen —unit parcel, Assessor's Parcel No. 422 - 103 -40. Mr. Malek requested a refund of $2,599.38 trash and $35.44 sewer, a total of $2,634.82, for fiscal year 1993 -94. Fiscal year 1994 -95 was refunded on July 1.3, 1995. Mr. Malek has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. Approved payment of In accordance with Resolution No. 96 -584, adopted by the • $310.27 to Costa Mesa Sanitary District on April 17, 1996, a trash Ms. Lois Neesen refund request from Ms. Lois Neesen was approved in the amount of $310.27 for property located at 2223 Pacific • • • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 Page 3 Ave, Unit B, Costa Mesa, CA, a one —unit parcel, Assessor's Parcel Number 931 - 170 -10, for fiscal years 1994 -95 and 1995 -96. Ms. Neesen has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. Approved payment of In accordance with Resolution No. 96 -584, adopted by the $1.732.92 to Costa Mesa Sanitary District on April 17, 1996, a trash Mr. G. R. Shashaani refund request from Mr. G. R. Shashaani was approved in the amount of $1,732.92 for property located at 370 Avocado, Costa Mesa, CA, a twelve —unit parcel, Assessor's Parcel Number 419 - 061 -25, for fiscal year 1993 -94. Fiscal year 1994 -95 was refunded May 11, 1995. Mr. Shashaani has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. Approved payment of hn accordance with Resolution No. 96 -584, adopted by the $291.97 to Costa Mesa Sanitary District on April 17, 1996, a trash Mr. Mason Steel refund request from Mr. Mason Steel was approved in the amount of $291.97 for property located at 1027 Sea Breeze, Costa Mesa, CA, a one —unit parcel, Assessor's Parcel Number 935- 290 -10, for fiscal years 1993 -94 and 1994- 95. Mr. Steel has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. RECYCLING REPORTS Waste Diversion Report July The Waste Diversion Report for July 1996 showing a 1996 was received and filed 32.83% diversion rate was received and filed. Approved Contract Payment The Board approved contract payment to CR Transfer for to CR Transfer for recycling services and disposal for the month of July 1996 $117,621.86 in the amount of $117,621.86. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 Page 4 • TREASURER'S REPORTS Financial Report as of The Financial Report as of July 31, 1996, was accepted as July 31., 1996, was received submitted. and filed Report of Monies on The Report of Monies on Deposit as of July 31, 1996, was Deposit as of July 31., 1996, accepted as submitted. was received and filed Approved Warrant 97 -02 Warrant Resolution #CMSD 97 -02 was approved, for August 1996, in the authorizing the President and Secretary to sign the warrant amount of $403,192.06 and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $403,192.06. ENGINEER'S REPORTS • Project Status Report was The Project Status Report for August 1, 1996, was accepted received and filed as submitted. WRITTEN COMMUNICATIONS Mr. Hamers advised the Board there were no written communications. MANAGER'S REPORTS SOURCE REDUCTION AND RECYCLING ELEMENT — AB939 STATUS OF CITY'S WASTE PROGRAM Anti — Scavenging Enforcement Mr. Hamers introduced an interoffice memorandum from Ms. Sandra M. Benson, Sr. Code Enforcement Officer, Dated August 8, 1996. The memorandum contains a very comprehensive summary of enforcement activity occurring from July 15, 1996 to August 8, 1996, with dates, times and actions taken. From July 15 to August 8, 1996, three citations were issued and one violation notice was given to a scavenger seen scavenging in a county area and then driving into Costa Mesa. • Ms. Benson's report notes some scavengers have indicated the property owners have given permission to pick up recyclables. The code enforcement officer will not issue a citation • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 8, 1996 Page 5 to scavengers carrying authorization letters from homeowners with permission to remove items held specifically for them in a location other than the curbside trash pickup area. Director Worthington recommended including an in -depth article detailing recycling regulations in the September newsletter. Mr. Hamers reported receipt of an interoffice memorandum dated July 23, 1996, from Mr. William J. Morris, Director of Public Services, City of Costa Mesa, reflecting the June 1996 statistics for scavenging enforcement. There were four citations out of twenty - three calls for service. Mr. Hamers further reported that the City of Irvine received a $21,500 grant from the State of California to assist in enforcing anti - scavenging and will be utilizing the grant to hire a patrol officer and offer additional anti- scavenging education. SRRE EDUCATIONAL PROGRAM Household Hazardous Waste Grant • Ms. Reichle reported the date for the household hazardous waste grant program has been set at September 21, 1996, at the City Corporation Yard. Ms. Reichle noted the flyer was currently being printed and that she was very pleased with the flyer's appearance. The flyer will be included with the Community Report distributed at the end of August. ADDITION OF PHONE NUMBERS TO TAX BILLS Mr. Hamers introduced the proposed layout for the 1996 -97 Secured Property Tax Bill from Mr. Steven E. Lewis, Auditor- Controller, dated July 15, 1996. The proposed tax bill will include telephone numbers for each special assessment to allow taxpayers to call directly to the agency when they have questions rather than calling the County first. ENGINEER'S REPORTS Project 128 - Mesa /Birch Sewer Realignment Agreement with Orange County Development Agency Mr. Hamers introduced a proposed agreement, No. D96 -093, from Ms. Tina Taverner, Chief, Utilities Section of the Environmental Management Agency, for the Mesa /Birch road- widening project. The agreement provides for the Costa Mesa Sanitary District to pay for the realignment cost of the sewer with regard to the realigning of the road. The County of Orange will absorb the upsizing cost due to the rezoning. The realignment cost is estimated to be $43,050. Billing will be for actual construction costs. is COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 8, 1996 Page 6 Director Reade motioned to approve the Mesa /Birch sewer realignment agreement as submitted and to deposit $43,050 with the County. Director Perry seconded. Motion carried unanimously. Tract No. 15211 Northeast Corner of Paularino and Bear Proposed Sewer Easement Mr. Hamers introduced a proposed sewer easement being dedicated by the developer, Polygon South Coast Associates, L.P., a Washington Limited Partnership, for the 79 single- family home tract at the northeast corner of Bear Street and Paularino Avenue. The Manager /District Engineer and General Counsel have reviewed the document and find it satisfactory. Director Schafer motioned to accept the sewer easement. Director Reade seconded. Motion carried unanimously. TREASURER'S REPORTS . Orange County Bankruptcy Update Ms. Temple distributed a summarized schedule showing the monies received from the County. The District has received $161,204.44 in distributions as of July 18, 1996. Of that amount, $137,873.34 represents principal reduction against the claims filed, $11,965.41. represents postpetition interest earnings received, and $11,365.69 represents additional recoveries of investment balances discovered during an audit of County Treasurer records. Local Agency Investment Fund (LAIF) Presentation Ms. Temple reported on the meeting attended by President Ferryman and Director Schafer and Ms. Temple. Ms. Temple presented a brochure entitled The Local Agency Investment Fund Answer Book to Board members and Staff. Ms. Temple reported the brochure explains the internal controls set up for LAIF in terms of safekeeping and investment procedures. Update on New Refund Policy Effects Ms. Temple presented a report prepared at Director Worthington's request regarding the • District's new refund policy. Ms. Temple reported the District has refunded approximately $106,000 to property owners who were assessed and paid trash fees to the District in error over the last three years. Ms. Temple estimated that Costa Mesa • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 Page 7 Disposal was overpaid approximately $58,300 due to the fact that they are paid based on occupancy counts. Additionally, $47,700 was "underassessed" due to the incorrect count. Ms: Temple felt that the 1996 -97 budget was sufficient to provide for the current refunds, but recommended adjusting the 1997 -98 trash assessment should the refunds adversely affect the 1996 -97 budget. Ms. Temple advised the Board to consider amending the District's contract with Costa Mesa Disposal to provide reimbursement to the District for payments made to Costa Mesa Disposal for services not rendered. ATTORNEY'S REPORTS 2191 Rural Lane — Request for District Construction of Sewer Lateral Mr. Burns researched Mr. Foster's request that the District absorb the cost of installing a lateral to the sewer main for his home located at 2191 Rural Lane. Mr. Burns' research determined that annual fees and charges collected by the District could not be utilized to acquire or construct local street sewers or laterals. Additionally, records for the area in • question indicate laterals being installed in the years 1957 -1961 by various contractors indicating homeowners seeking connection hired their own engineer and contractor for the lateral installation. Mr. Burns informed the Board the lateral would have to be paid for by Mr. Foster. On motion by Director Reade, seconded by Director Perry, the request was denied. Motion carried 5 -0. President Ferryman recommended Mr. Foster contact Ms. Guastella to obtain paperwork to file for a refund of sewer services not received. New Appellate Decision Clarifying When Recyclables Enter Waste Stream Mr. Burns informed the Board of a decision by the Courts in City of San Marcos v. Coast Waste Management in which the Court determined if a customer pays to have goods collected, it has discarded the goods and they became the property of the City's franchisee. Therefore, any goods placed on the curb on collection day become the property of the Costa Mesa Sanitary District. Charles Chen vs. Costa Mesa Sanitary District Mr. Burns informed the Board that Mr. Charles Chen was dissatisfied with the Board's • new refund policy and has filed a lawsuit in small claims court. Ms. Reichle will attend on behalf of the District on Wednesday, August 14, 1996. COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 CJ LOCAL MEETINGS Local Agency Formation Commission (LAFCO) Special Districts Advisory Committee Meeting Page 8 Director Schafer presented a Staff report for the Board's perusal and described the proceedings stating they were similar to a hearing in format and quite impressive. Director Schafer informed the Board the next meeting will be held in September. Garden Grove /Garden Grove Sanitary District Hearing - August 7, 1996 President Ferryman advised the Board there was a five -to -two decision to have the Garden Grove Sanitary District become a subsidiary district of the City of Garden Grove. Independent Special Districts of Orange County (ISDOC) Director Schafer informed the Board that August 29, 1996, will be the next quarterly meeting and she was invited to speak on behalf of the District. President Ferryman directed Staff to notice the meeting as a special meeting. Ms. Revak will contact Board members with a reminder. Orange County Sanitation Districts (OCSD) Regular Meeting President Ferryman informed the Board that a new Joint- Chairman, Mr. John Collins, was elected at the last meeting. Mr. Peer Swan was elected as Vice- Chairman. City of Costa Mesa Council Meeting Report July 15, 1996 Director Perry attended the July 15, 1996, meeting and reported there was nothing involving the District. August 5, 1996 Director Schafer attended the August 5, 1996, meeting and reported the items discussed included the Orange County Fairgrounds lawsuit with the City. • • COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 OLD BUSINESS Creative Management Solutions - Financial Study City /District Contract Mr. Hamers had nothing to report. Assembly Bill 2109 Page 9 Ms. Revak presented a copy of AB 2109 as amended in the Senate on August 7, 1996. The Bill, known as the Orange County Special District Efficiency Act, will go to the Senate Appropriations Committee on August 12 and if it passes, it will go on to the Senate floor. Telephone Book Recycling Program Press Release Ms. Reichle presented a copy of the press release sent to three newspapers, to provide is information about the schools' involvement in the 8th annual telephone book recycling program. Ms. Reichle also provided a copy of the article submitted for the Fall Community Report /Recreation Gazette. Additionally, Ms. Reichle provided a copy of an article appearing in the Costa Mesa Breeze, on August 1, 1996, outlining the program and inviting telephone calls for additional information. CR Transfer's Use of Landfills Mr. Hamers presented a letter from Mr. Michael J. Silva, President, CR Transfer, dated August 5, 1996. Mr. Silva estimated 75% of the District's residual has gone to one of the two waste -to- energy plants in Los Angeles County, with the balance going to the Orange County landfills. Mr. Hamers calculated that CR Transfer is saving approximately $6,000 per month utilizing the waste -to- energy plants. President Ferryman instructed Staff to contact Mr. Silva and initiate conversation regarding the District's joint participation in the savings CR Transfer is currently enjoying due to the utilization of the waste-to-energy plants. COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held August 8, 1996 0 NEW BUSINESS Proposed Trash Collection Field Survey Page 10 Mr. Hamers presented a proposal to utilize the City's personnel department to begin the hiring process and hire a General Aide II to ride along with the trash collectors to confirm collection locations or nonparticipation in trash collection services. Mr. Hamers projected the project will take approximately four months at a cost not to exceed $12,500. When the project is completed, the District computer records will be matched to the field study report. Mr. Burns suggested inviting Costa Mesa Disposal to participate in establishing a precise occupancy count. Director Reade motioned to approve the hiring of a General Aide II to ascertain a precise occupancy count, not to exceed $12,500, and the issuance of an invitation to Costa Mesa Disposal to participate. Director Schafer seconded. Motion carried unanimously. Large Item Collection Ms. Reichle presented a pictorial report on the first six weeks of the ten —week large item collection program; 243.49 tons, averaging 40.58 tons per week, have been collected to date. Ms. Reichle reported scavengers are taking most of the metallic goods, i.e., washers, dryers and refrigerators. Director Schafer commended the program, stating pickup in her area was very efficient. California Special Districts Association (CSDA) Bylaws Mr. Hamers presented a letter from Mr. Lee Howard, President of the CSDA, dated July 1996, containing proposed bylaw changes. Director Reade motioned to approve the proposed bylaws, Amendments #1, #2, and #3, for the CSDA. Director Schafer seconded. Motion carried unanimously. PUBLIC COMMENTS There were no public comments. r -1 L J COSTA MESA SANITARY DISTRICT Minutes — Board of Directors Meeting held August 8, 1996 ORAL COMMUNICATIONS Page 11 Director Reade thanked the Board and Staff for the condolence card sent in remembrance of the passing of Director Reade's brother. Director Schafer commended Staff for their outstanding job of keeping the Board apprised of pertinent information through faxes and phone calls. Mr. Flamers advised the Board that the mayor of Santa Ana was fined $40 for filing his campaign disclosure statement four days late and reminded the Board members of the importance of filing their disclosures on time. President Ferryman stated he was unable to attend the August 19, 1996, Council meeting. Director Worthington offered to trade his assigned meeting date of September 16, 1996, and will attend the August 19 Council meeting. President Ferryman reminded Board members of the Special Districts conference on September 22 -25, 1996, in South Lake Tahoe. • ADJOURNMENT At 7:40 p.m. President Ferryman adjourned the meeting. President