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Minutes - Board - 1997-02-13• • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 13, 1997 CALL TO ORDER: The Board of Directors of the Costa Mesa Sanitary District met in regular session on February 13, 1997, 6:00 p.m., 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 Consultant; Joan Revak, Clerk of the District; Susan Temple, Treasurer; Reba Coulter, Finance; Dawn Guastella, Permit Specialist. Others Present: Ms. Judy Ware Ware Disposal Co., Inc. P. 0. Box 8206 Newport Beach, CA 92688; Ms. Madeline Arakelian South Coast Refuse 2021 Business Center Drive, #114 Irvine, CA 92715; Mr. Steve B. Julian The Julian Company 31878 Del Obispo, Suite 1118 -359 San Juan Capistrano, CA 92675; Ms. Delores Otting Five Star Rubbish P. 0. Box 9278 Newport Beach, CA 92658 -9278 COSTA MESA SANITARY DISTRICT 2 MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997 CONSENT CALENDAR On motion by Director Reade, seconded by Director Perry, two items were removed from the Consent Calendar: refund for Wanda Baran, pulled for recalculation to be brought back at the March Board meeting and the Investment Oversight Committee Meeting report. On motion by Director Perry, seconded by Director Schafer, and carried 5 -0, the remaining Consent Calendar items were approved as recommended. MINUTES Approved Minutes of Regular Meeting, January 9, 1997 Receive Study Session report, January 22, 1997 REPORTS MANAGER'S REPORTS The minutes for the regular meeting of January 9, 1997, were approved as distributed. The report for the study session of January 22, 1997, was received and filed. Approved Occupancy The Trash Occupancy Count reflected a decrease of Report and payment of four units in the occupancy report for solid waste $160,832.05 to Costa collection as of February 1, 1997. Therefore, the total Mesa Disposal for trash for February is 21,898. Board, directed Staff to prepare collection services for a warrant for $160,832.05 to Costa Mesa Disposal on February 1997 March 1, 1997, for payment for February Trash collection based on the February count of 21,898. REFUNDS Approved payment of In accordance with Resolution No. 96 -584, adopted by $1,301.68 to the Costa Mesa Sanitary District on April 17, 1996, a Mr. Brian Williams trash refund request from Mr. Brian Williams was approved in the amount of $1,301.68 for property located at 807/814 W. 18th Street, a four -unit parcel, Assessor's Parcel No. 424 - 182 -25 for fiscal years 1995 -1996 and 1996 -1997. Mr. Williams has provided evidence of outside trash service and a signed statement as required by the Costa Mesa Sanitary District. ` COSTA MESA SANITARY DISTRICT 3 MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997 • RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for January 1997 showing January 1997 was a 32.64% diversion rate was received.and filed. received and filed Approved Contract The Board approved contract payment to CR Transfer Payment to CR Transfer for recycling services and disposal for the month of for $111,960.74 January 1997 in the amount of $111,960.74 TREASURERS REPORTS Financial Report as of The Financial Report as of January 31, 1997, was January 31, 1997, was accepted as submitted. received and filed Report of Monies on The Report of Monies on Deposit as of January 31, Deposit as of January 1997, was accepted as submitted 31, 1997, was received and filed Approved Warrant 97 -08 Warrant Resolution #CMSD 97 -08 was approved, for February 1997, in the authorizing the President and Secretary to sign the amount of $403,077.21 warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $403,077.21 ENGINEERS REPORTS Project Status Report The Project Status Report for February 1, 1997, was was received and filed. accepted as submitted END OF CONSENT CALENDAR INVESTMENT OVERSIGHT COMMITTEE MEETING - FEBRUARY 13, 1997 Mr. Hamers reported the Investment Oversight Committee reviewed the investment portfolio and presented a possible opportunity to achieve a higher rate of return for the District. Ms. Temple discussed the advantages of taking approximately one million dollars and investing it in a five -year term investment. With a five -year investment, the District could earn approximately $50,000 in additional interest. COSTA MESA SANITARY DISTRICT 4 MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997 ® WRITTEN COMMUNICATIONS There were no written communications received. MANAGER'S REPORTS SOURCE REDUCTION AND RECYCLING ELEMENT AB939 UPDATE ON ACTIVITIES ANTI - SCAVENGING ENFORCEMENT REPORT COSTA MESA REPORT Ms. Guastella introduced an interoffice memorandum from Ms. Sandra M. Benson, Senior Code Enforcement Office of the City of Costa Mesa, dated February 3, 1997. The memorandum contains a comprehensive summary of enforcement activity occurring from December 30, 1996, to January 23, 1997, with dates, times and actions taken. From December 30 to January 23, one citation was given on Robinhood. This was the third citation issued to the subject, and will be filed as a misdemeanor. ® Mr. Hamers advised the Code Enforcement Officer began distributing the anti - scavenging notices on January 23. Mr. Hamers introduced a letter from Ms. Holly Carver of the Costa Mesa Police Department, dated February 4, 1997. Ms. Carter's memo showed the number of calls for service for scavenging for January 1997 as follows: LOCATION CALLS FOR SERVICE CITE /ARREST AREA 1 3 3 AREA II 2 0 AREA III 5 1 AREA IV 0 0 TOTAL 10 4 A map showing the area boundaries was provided as requested by Director Schafer. REPORT ON NEIGHBORING CITIES Ms. Guastella contacted the cities of Newport Beach, Fountain Valley, and Santa Ana to determine if those cities were also experiencing a reduction of scavengers in their cities. Ms. Guastella reported all three cities have COSTA MESA SANITARY DISTRICT 5 MBVUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997 experienced a considerable reduction in scavenging, possibly attributable to the current reduced value of recycled paper. Mr. Hamers reported there is an case ready for prosecution for scavenging and the City has contacted Mr. Hamers to request the District proceed with the prosecution utilizing Mr. Burns as the attorney. Director Schafer requested a letter be sent to the City expressing the Board's desire to see the scavenging cases prosecuted. Mr. Burns reported Ms. Benson contacted him to discuss deputizing Mr. Burns to prosecute the scavenging cases on the misdemeanor level. Director Worthington motioned to authorize Mr. Burns to prosecute the anti - scavenging cases on behalf of the District. Director Perry seconded. Motion carried 4 -0 as follows: Ayes: James Ferryman, Art Perry, Arlene Schafer, Dan Worthington Noes: Nate Reade Director Reade voted against the motion and stated he would like to wait until Mr. Burns has met with the City and can provide the Board with more 10 information. SCREENING OF TRASH CONTAINERS Mr. Hamers advised the notices requesting the removal of trash cans from public view are currently being distributed by the Code Enforcement during his route. The Code Enforcement Officer will monitor varying areas to observe if containers are being left out and will distribute the notices as required. Director Worthington suggested having Costa Mesa Disposal place signs on their trucks to further assist in getting the message to the public that containers must be placed out of view after trash pickup. HOUSEHOLD HAZARDOUS WASTE GRANT Mr. Hamers reported he and Director Reade attended a meeting to set up the temporary ABOP drop -off location. Director Reade reported coverage of the previous Household Hazardous Waste roundup was insufficient to notify residents on the west side of the City. COSTA MESA SANITARY DISTRICT 6 MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997 • Mr. Hamers advised that the upcoming oil, anti- freeze, battery and paint roundup will be located on the west side and advertised in multiple languages to more effectively publicize the upcoming event. Ms. Reichle met with a. representative of Americlean, and Bob Rost from Cla -Val at their location on Placentia and 17th Street to investigate the property as a possible drop -off location for the next Household Hazardous Waste event to be held on April 19. Ms. Reichle reported the location will be satisfactory for the event. Mr. Rost advised Ms. Reichle that he would include the Household Hazardous Waste flyer with Cla -Val employees' paychecks, and suggested contacting other local companies to suggest they do the same with their employees. Ms. Reichle reported the Redevelopment Agency is conducting a neighborhood cleanup program on the same day as the planned Household Hazardous Waste roundup. Ms. Reichle noted this was also Earth Week, and felt the combined activities would further enhance the program. TELEPHONE DIRECTORY RECYCLING PROGRAM Ms. Reichle reported 51 tons of telephone books were collected for recycling during the 1996 program. This number was 18 tons less than the 1995 program, largely due to the interrupted distribution of the new directories from Pacific Bell. Ms. Reichle reported an award ceremony will be held on February 14 at Kaiser Primary Center and another will be held at Killybrooke Elementary on February 21. Ms. Reichle invited Directors to attend. Directors Ferryman and Worthington will attend the ceremonies to present the award to the students for their recycling efforts Ms. Reichle reported the directories collected were stored at Costa Mesa Disposal and transported by Daishowa Paper Company to their mill in Port Angeles, Washington. They paid Costa Mesa Disposal 550 /ton for dry directories amounting to $1,871 (37.42 tons). The money received from the 1996 program will be used in the 1997 program. Ms. Reichle recommended enhancing the 1997 telephone book program by enlisting cooperation from the two major business complexes, Harbor Gateway and Irvine Industrial Complex; contacting schools in March or April; restructuring the school program to offer additional award amounts on a graduated scale commensurate with the number of books collected. • COSTA MESA SANTTARY DISTRICT 7 MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13. 1997 • CHRISTMAS TREE RECYCLING PROGRAM Ms. Reichle reported 13,284 Trees, or 172.7 tons, were collected during the 1996 Christmas Treecycling Program. Ms. Reichle reported the program was sponsored by the Costa Mesa Sanitary District, City of Costa Mesa, and the Orange County Fairgrounds and Exposition Center. Ms. Reichle reported 10,000 flyers and 100 posters were designed, printed and distributed to advertise the event. There were press releases in the Orange County Register, Orange Coast Daily Pilot, the Los Angeles Times (Orange County edition), the Costa Mesa Chamber of Commerce Business Outlook, and the Community Report. Ms. Reichle reported television coverage by Channels 3 and 62. Ms. Reichle reported the 1996 Christmas Treecycling Program was extremely successful. West Coast Arborist transported and ground the trees for use by the U. S. Department of Forestry to be used for soil erosion control and trail maintenance. The number of trees collected represents the largest number collected since the program began in 1990, with 4,282 more trees collected than during the 1995 program. POTENTIAL CITY ANNEXATION OF COUNTY PROPERTY Mr. Hamers introduced a flyer from the City Planning Department regarding the potential annexation of County islands on the east side of Costa Mesa. The District does serve the island area for sewer as well as trash for the single - family homes and small multi - family developments. Annexation of that area into the City would present no problems or change of service for the District. ENGINEER'S REPORTS PROJECT NO. 129, BRISTOL STREET PUMPING STATION BOYLE ENGINEERING CORPORATION - INDEPENDENT REVIEW OF PROJECT Mr. Hamers reported Boyle Engineering's review of the Bristol Street pumping station determined the project to be warranted and the cost of design, construction, inspection and project administration to be appropriate. Director Perry motioned to accept the report and authorize payment to Boyle Engineering. Director Reade seconded. Motion carried unanimously. COSTA MESA SANITARY DISTRICT S MINUTES - BOARD OF DIRECTORS MEETING IIELD FEBRUARY 13. 1997 TREASURER'S REPORTS ORANGE COUNTY BANKRUPTCY UPDATE Ms. Temple reported being subpoenaed to testify in the People vs. Matt Rabbe on March 24.' Ms. Temple was additionally subpoenaed by Merrill Lynch to appear on April 9 and 10. LEGAL ACTION CONTESTING ORANGE COUNTY BANKRUPTCY FILING Ms. Temple reported the filing of responses to the County's objections to the bankruptcy claims. ATTORNEY'S REPORTS Mr. Burns had nothing to report to the Board. LOCAL MEETINGS INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY Director Schafer advised there will be an ISDOC meeting on February 27, 1997. LOCAL AGENCY FORMATION COMMISSION Director Schafer reported attendance at the February 5 meeting. Director Schafer reported Curt Pringle is drafting a spot bill, and she provided the agenda and her notes from the meeting for the Board's perusal. ORANGE COUNTY SANITATION DISTRICTS REGULAR MEETING President Ferryman reported the consolidation of the nine districts appears to be imminent. President Ferryman expressed concern over the equalization of rates from the various districts. President Ferryman reported on an agreement with the Orange County Water District to implement a plan for recycling water. President Ferryman reported on the investigation of expanding the current outflow. Multiple options are being investigated. COSTA MESA SANITARY DISTRICT 9 MINUTES - BOARD OF DIRECTORS MEETING HELD FEBRUARY 13, 1997 • President Ferryman reported there was discussion on mitigating infiltration in a system and recommended Staff investigate options for the Costa Mesa Sanitary District. CITY OF COSTA MESA COUNCIL MEETING REPORT JANUARY 20, 1997 President Ferryman attended the Council meeting of January 20, 1997, and presented the agenda for the Board's perusal. President Ferryman reported Heather Somers pulled an item involving funding Route 73. No decision was reached on that item. President Ferryman reported the possible establishment of a reduced traffic impact fee on Newport Boulevard in the Specific Plan area. No decision was reached on that item. FEBRUARY 3, 1997 Director Reade attended the Council meeting of February 3, 1997. Director Reade reported Southern California College has taken over the Coastal Inn and has plans to renovate it, creating 14 apartments for off - campus housing. OLD BUSINESS TRASH COLLECTION FIELD SURVEY UPDATE Mr. Hamers had nothing to report, and requested the item be tabled to the March 13 meeting. DISTRICT OFFICE STAFFING UPDATE STATUS OF HIRING NEW ASSISTANT MANAGER /MANAGEMENT ANALYST Mr. Hamers reported an offer has been made to the top candidate for the position of Assistant Manager /Management Analyst. Mr. Hamers reported the candidate has six years experience in recycling, a master's in business administration, and is very qualified for the position. • COSTA MESA SANITARY DISTRICT 10 MINUTES - BOARD OF DLRECTORS MEETING FIELD FEBRUARY 13. 1997 0 EXTENSION OF ASSISTANT MANAGER CONSULTANT SERVICES Mr. Hamers requested the extension of the utilization of Ms. Reichle's services as Assistant Manager to the end of February. Previous approval was granted until February 13, 1997. Director Reade motioned to extend the time of utilization of Ms. Reichle as Assistant Manager to March 1, 1997. Director Perry seconded. Motion carried unanimously. STATUS OF ORANGE COUNTY LANDFILLS Mr. Hamers presented the proposed Waste Disposal Agreement as agreed upon by the Orange County City Manager's Association, the League of Cities, the trash hauling community and the sanitary districts. Mr. Hamers reported reviewing the agreement. A 30 -day extension on the March 1 deadline has been requested. Mr. Burns reported meeting with the City managers and City attorneys on February 12. Mr. Burns said the agreement was explained to the group. Mr. Burns reported the group that negotiated the contract did a good job getting some protections, but he would have liked to have seen a clearer presentation on the status of the Sanitary districts. He will address this issue with the County representatives to determine the effect on the District. Mr. Burns briefly outlined the agreement, highlighting a few points: • The agreement will be a 10 -year term with the ability to renew for 10 years. • Fixed price of $22 per ton at the gate. • They have the right to raise the fee if certain criteria are met. • Non - signers are to pay at least 10 percent more at the gate. • Flow control must be guaranteed. • The major cities are to approve the agreement, refusal of small cities will not impact the agreement. • The agreement has an expedited review procedure in it. • There is an indemnification provision. • There is a liquidated damages provision, requiring participants -pay even if they have sent their trash elsewhere. • There is a non - recourse provision. • The indemnification portion will not cover for willful, • knowing, illegal, or negligent disposal of hazardous waste. • Their County auditor reviews.the records. COSTA MESA SANITARY DISTRICT 11 MINUTES - BOARD OF DIRECTORS MEETING IIELD FEBRUARY 13, 1997 Mr. Burns will provide a written report on the agreement once he ® concludes his investigation. Mr. Hamers reported the possible alternatives that were discussed at the study session did not look feasible. The County has the right to prohibit non - signers from using Orange County landfills once they have reached capacity of signed participants. Mr. Hamers further explained that the District would no longer be contributing to the Household Hazardous Waste facilities that are funded through the gate fees, thereby possibly incurring special charges from residents in the District for using the drop -off facilities. Staff will continue researching the agreement and report back to the Board. OPPORTUNITIES IN FRANCHISING TRASH HAULING Mr. Hamers discussed a letter sent by President Ferryman to Mayor Buffa suggesting some of the savings that might be achieved for the City with franchised trash hauling. Mayor Buffa is considering the points discussed in the letter and will discuss the concept with the City Manager, President Ferryman and Mr. Hamers. - Ms. Madeline Arakelian, South Coast Refuse, disputed some of the information in the letter, stating the current system of free enterprise provides the best rates for the public. Ms. Delores Otting, Five Star Rubbish, stated Costa Mesa has the most reasonable rates and is one of the cleanest cities compared to franchised cities. Ms. Otting further stated Costa Mesa has some of the most cost effective rates in the County. President Ferryman stated that the City will evaluate the benefits of franchising, make a determination, and if they choose to franchise the trash hauling in the City of Costa Mesa, all haulers will have a right to bid for the franchise. NEW BUSINESS FORMATION OF DISTRICT RECYCLING COMMITTEE Mr. Hamers suggested the Board wait until the new Assistant Manager is hired to form a recycling committee. • COSTA MESA SANITARY DISTRICT 12 MINUTES - BOARD OF DIRECTORS MEETING HELL) FEBRUARY 13, 1997 • INVITATION TO JOIN COUNCIL OF GOVERNMENTS Director Schafer determined that ISDOC is going to join the Council of Governments and the District will become a member through ISDOC. Therefore, no separate application need be made. DISCUSSION OF PRINGLE BILL Ms. Revak reported she spoke with Mr. Matt Sarboraria, Assemblyman Curt Pringle's legislative assistant, and learned that Assemblyman Pringle intends to introduce another consolidation bill later this month which will look very much like AB 2109, as left in the Senate in the 1996 session. Ms. Revak related Assemblyman Pringle is open to input and suggestions as the bill goes through the process. Mr. Hamers suggested Staff present a monthly update on the Pringle bill. Mr. Hamers recommended a member of the District meet with a member of the Mesa Water District to exchange information on an informal basis. President Ferryman suggested the Community Summit meetings may provide a good opportunity for discussions. Mr. Burns recommended against instituting regular formal meetings with Mesa Water District. President Ferryman determined there was no need to set up periodic meetings with Mesa Water District at this time. CHAMBER OF COMMERCE MEMBERSHIP RENEWAL Director Reade motioned to approve the renewal of membership with . the Chamber of Commerce in the amount of $350.00. Director Perry seconded. Motion carried 5 -0. PUBLIC COMMENTS There were no public comments made. is COSTA MESA SANITARY DISTRICT 13 MINUTES - BOARD OF DIRECTORS MEETING FIELD FEBRUARY 13, 1997 ORAL COMMUNICATIONS President Ferryman commented the school district owned some land on Whittier Avenue and there was composting being conducted on the property. President Ferryman reported the school district has canceled their lease with that company and they have been given a 30 -day notice to vacate. ADJOURNMENT At 8:02 p.m. President Ferryman adjourned the meeting. r� u is / ''