Minutes - Board - 1998-06-11J
i
r�
U
0
COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Regular Meeting held June 11, 1998
CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary
District met in regular session on June 11, 1998, at
6:00 p.m., conference room 1 -A of 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.
President Ferryman adjourned the meeting in the memory of Marilyn Rath.
ROLL CALL: Directors Present:
Directors Absent:
James Ferryman, Art Perry, Arlene Schafer,
Nate Reade, Dan Worthington
None
Staff Present: Robin Hamers, Manager /Engineer; Alan
Burns, General Counsel; Lois Thompson,
Assistant Manager; Joan Revak, Clerk of
the District; Dawn Schmeisser, Assessment
Specialist; Reba Coulter, Finance; Marc
Davis, Acting Treasurer; Ron Shef, District
Ordinance Enforcement Officer
Others Present:
Dave Salcido
954 W. 17th Street
Costa Mesa
CONSENT CALENDAR
------------------------------------------------------- - - - - --
Director Schafer requested Item Number 9, Project Status Report, be pulled from the
Consent Calendar. On motion by Director Schafer, seconded by Director Perry, and
carried 5 -0, the Consent Calendar, with the exception of Item Number 9, was approved.
MINUTES
Approved Report of Study The report for the Study Session, May 7, 1998, was received
Session, May 7, 1998 and filed.
0
•
•
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD .JUNE 11. 1998
Approved Minutes of
Recycling Committee
Meeting,
May 13, 1998
Approved Minutes of
Investment Oversight
Committee Meeting,
May 14, 1998
Approved Minutes of
Regular Meeting,
May 14, 1998
The minutes for the Recycling Committee meeting of May 13,
1998, were approved as distributed.
The minutes for the Investment Oversight Committee
Meeting of May 14, 1998, were approved as distributed.
The minutes for the regular meeting of May 14, 1998, were
approved as distributed.
Approved Report of Study The report for the Study Session, June 4, 1998, was received
Session, June 4, 1998 and filed.
REPORTS
MANAGER'S REPORTS
Approved Occupancy
Report and payment of
$156,270.28 to Costa
Mesa Disposal for trash
collection services for
June 1998
The Trash Occupancy . Count reflected no increase or
decrease in the occupancy report for solid waste collection as
of June 1998. Therefore, the total for June is 21,010. Board
directed Staff to prepare a warrant for $156,270.28 to Costa
Mesa Disposal on July 1, 1998, for payment for June trash
collection based on the June count of 21,010.
REFUNDS In accordance with Resolution No. 96 -584, adopted by the
Costa Mesa Sanitary District on April 17, 1996, the following
refunds were granted subsequent to receiving evidence of
outside trash service and a signed statement from the
applicants:
Approved Payment of Refund issued to Francis Butler
$555.52 Parcel Address: 741 James Street
To Francis Butler Assessor's Parcel No. 424- 053 -02
Trash Refund: $555.52
0
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD .TUNE 11. 1998
Approved Payment of Refund issued to Thomas Ward, Jr.
$399.20 Assessor's Parcel No. 419 - 043 -04
To Thomas Ward, Jr. Parcel Address: 2160 College, #L
Trash Refund: $399.20
Approved Payment of Refund issued to William Radovich
$835.77 Parcel Address: 1206 S. E. Bristol
To William Radovich Assessor's Parcel No. 439 - 321 -08
Trash Refund: $945.96
Sewer Charges: ($110:19)
Total Refund: $835.77
RECYCLING REPORTS
3
Waste Diversion Report May The Waste Diversion Report for May 1998 showing a
1998 was received and filed 33.79% diversion rate was received and filed.
10 Approved Contract Payment The Board approved contract payment to CR Transfer for
to CR Transfer for recycling services and disposal for the month of May 1998 in
$110,290.35 the amount of $110,290.35.
TREASURER'S REPORTS
Financial Report as of The Financial Report as of May 31, 1998, was accepted as
May 31, 1998, was received submitted.
and filed
Report of Monies on The Report of Monies on Deposit as of May 31, 1998, was
Deposit as May 31, 1998, accepted as submitted.
was received and filed
Approved Warrant 98 -12 Warrant Resolution #CMSD 98 -12 was approved,
for June 1998, in the authorizing the President and Secretary to sign the warrant
amount of $243,647.61 and instructing the Finance Department to draw a warrant
from the Costa Mesa Sanitary District General Fund in the
amount of $243,647.61.
0 END OF CONSENT CALENDAR
------------------------------------------------------- - - - - --
•
0
COSTA MESA SANITARY DISTRICT 4
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11, 1998
Director Schafer requested information on the completion of Project 1112100 -150 Update
Pumping Station Radio Alarm Systems. Mr. Hamers reported there is an obstacle with
Motorola, the supplier, and he is having a meeting with them on June 12 to request
completion.
Director Schafer motioned to receive and file the Project Status Report for June 1, 1998.
Director Perry seconded. Motion carried unanimously.
WRITTEN COMMUNICATIONS
Mr. Hamers reported there were no written communications.
PUBLIC COMMENTS
Mr. Dave Salcido, President of the Wallace Area Improvement Group, was in attendance at
the meeting to request enforcement of the Ordinance prohibiting trash cans from remaining
in public view after trash collection.
Director Worthington expressed he shared Mr. Salcido's aggravation and explained the
District has been attempting to remedy the problem in the City for quite some time.
Mr. Hamers explained that Mr. Shef and Ms. Schmeisser completed the courses necessary
to issue citations to offenders approximately 60 days ago. Mr. Hamers explained the Board
has attempted to encourage cooperation from residents regarding the removal of trash
cans.
Mr. Burns further explained the steps the District has taken to date and stated the
enforcement officers are now qualified to begin judiciously issuing citations to repeat
offenders who will not heed tag warnings.
Ms. Schmeisser reported the address Mr. Salcido was concerned about was a repeat
offender, tagged by Mr. Shef numerous times. Ms. Schmeisser reported there were a few
locations, the Wallace location included, that will be receiving letters requesting
compliance.
President Ferryman requested Mr. Shef monitor the location in question and report to the
Board.
11
r:
COSTA MESA SANITARY DISTRICT 5
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11, 1998
MANAGER'S REPORTS
SOURCE REDUCTION AND RECYCLING ELEMENT AB 939
UPDATE ON ACTIVITIES
ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS
POLICE REPORT
Mr. Hamers presented a memorandum providing the statistics for the month of May
1998. The number of calls for service for scavenging are as follows:
Location Calls for Service Cite /Arrest
Area 1
2
0
Area II
6
0
Area III
6
3
Area IV
0
0
TOTAL
14
3
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Hamers presented the ordinance enforcement summary report for the three -
week period ending May 24, 1998.
Director Worthington inquired if Mr. Shef has noted visible changes since he has
begun patrolling the City. Mr. Shef reported there has been considerable change in
the single - family residential areas, but virtually no change in the multi - family
residences. Mr. Shef estimated approximately 90 percent of the violations he
witnesses are in the multi - family residences.
President Ferryman requested notices be placed on the containers in the multi-
family residences and a follow -up letter sent to the property owner.
Ms. Thompson reported she was contacted by the City of Los Angeles requesting
the use of the District's anti - scavenging logo.
•
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11. 1998
RECYCLING COMMITTEE MEETING - JUNE 9, 1998
TELEPHONE DIRECTORIES PROGRAM
JUNE 1998 COLLECTION
C
Bins were delivered to five grocery stores, City Hall, and the Orange
Coast College Recycling Center on June 3, 1998 and will remain on site
until July 24, 1998. The program is being promoted with the following:
• An 800 number sponsored by Pac Bell
• Media press releases
• City of Costa Mesa web page
• Banners on each of the bins
• Orange County Fair message board
• Orange Coast College message board (if operable)
• City of Costa Mesa Community Report
• Costa Mesa's Recycling Hotline
• NOVEMBER 1998 COLLECTION WITH PUBLIC /PRIVATE SCHOOLS
Director Worthington reported fourteen out of nineteen public schools and
four out of seventeen private schools have responded and will participate in
the November 1998 Telephone Recycling Program. Staff will continue to
contact the nonrespondents to elicit their cooperation. .
LARGE ITEM COLLECTION - JUNE 22 - AUGUST 28, 1998
The Large Item Collection program will begin June 22, 1998, and continue
through August 28, 1998. Costa Mesa Disposal staff will deliver door
hangers to District residences describing the program.
SHARPS PROGRAM UPDATE
The Sharps Program pharmacy participants have collected a total of 196
pounds of needles as of April 30, 1998.
CALIFORNIA BEVERAGE CONTAINER GRANT APPLICATION
® Ms. Thompson prepared a grant application in the amount of $35,000 to
submit to the Department of Conservation to promote beverage container
recycling. Director Schafer motioned to authorize the President to sign the
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11. 1998
7
California Beverage Container Grant Application. Director Worthington
seconded. Motion carried unanimously.
HOUSEHOLD HAZARDOUS WASTE RESIDENTIAL PICKUP PROGRAM
Director Worthington reported the Committee wants to enter the residential
pickup program as a one -year test to determine the program's feasibility.
Director Worthington reported there is a 2- percent cash discount available if
payment is made within ten days of original invoice submitted to the District.
A memorandum, proposed budget, proposal from Curbside Inc., and
agreement were distributed for the Board's review.
Director Schafer motioned to approve a one -year pilot program with Curbside
Inc., subject to minor changes made to the contract by Staff. Director Perry
seconded. Motion carried 5 -0.
Ms. Thompson distributed jar openers from Curbside Inc. to the Board
members.
• STAFF MEETING WITH CR TRANSFER - UPDATE ON REACHING 50%
Director Worthington presented a letter from Paul Relis, Executive Vice
President of CR & R, outlining modifications under consideration to enable
the District to meet the AB939 diversion requirement of 50 percent by the
year 2000. The materials recovery facility is currently being re- engineered to
implement more mechanized recovery, process a higher paper recovery, and
identify and document additional diversion credit for moisture losses that
result from new materials processing as permitted by the state.
Director Worthington discussed the possibility of utilizing greenwaste as a
cover over the landfill to assist in increasing the recycling percentage.
RECYCLED PRODUCTS CATALOG
Director Worthington requested Staff order a recycling products catalog,
featured in Recycle Weekly, containing 200 products manufactured from
recycled materials. The Board directed Staff to order the catalog.
0
•
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11, 1998
TRASH COLLECTION REFUND UPDATE
8
Ms. Schmeisser presented the trash refund report. There were three refund
requests processed during the month of May.
* The eight applications pending are all over six months old. Letters have been written to the
applicants describing what was required to process their incomplete refund requests.
ENGINEER'S REPORTS
FAIRVIEW PARK SEWER LINE
Mr. Hamers reported nothing formal has been received from the City to date. The
City approved a monetary sum for the Fairview Park sewer line in their proposed
capital improvement projects. City Staff is conducting research and will be reporting
back to the City Council regarding costs of various portions of construction.
Mr. Davis recommended a Board member be available at the next Council meeting
to offer additional clarification.
President Ferryman reported he will be out of town and unable to attend the City
Council meeting. Director Worthington will attend the meeting to represent the
District.
ANNEXATION NO. 250
RESOLUTION NO. 98 -609 - A RESOLUTION ORDERING TERRITORY DESIGNATED AS
ANNEXATION NO. 250 ANNEXED TO THE COSTA MESA SANITARY DISTRICT
Mr. Hamers presented RESOLUTION NO. 98 -609, A RESOLUTION OF THE
• BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COUNTY
OF ORANGE, CALIFORNIA ORDERING TERRITORY DESIGNATED AS
ANNEXATION NO. 250 ANNEXED TO THE COSTA MESA SANITARY DISTRICT.
Current
Month
To Date
Total amount of refunds for trash
$1900.68
$197,281.63
Total amount of refunds for sewer
110.19
$70.62
Fixture Fee Refund Not a part of the stud
$660.00
Total of all refunds
$1790.49
$198,012.25
Total number of units affected by refunds
4 Units
454 Units
Applications pending:
8*
* The eight applications pending are all over six months old. Letters have been written to the
applicants describing what was required to process their incomplete refund requests.
ENGINEER'S REPORTS
FAIRVIEW PARK SEWER LINE
Mr. Hamers reported nothing formal has been received from the City to date. The
City approved a monetary sum for the Fairview Park sewer line in their proposed
capital improvement projects. City Staff is conducting research and will be reporting
back to the City Council regarding costs of various portions of construction.
Mr. Davis recommended a Board member be available at the next Council meeting
to offer additional clarification.
President Ferryman reported he will be out of town and unable to attend the City
Council meeting. Director Worthington will attend the meeting to represent the
District.
ANNEXATION NO. 250
RESOLUTION NO. 98 -609 - A RESOLUTION ORDERING TERRITORY DESIGNATED AS
ANNEXATION NO. 250 ANNEXED TO THE COSTA MESA SANITARY DISTRICT
Mr. Hamers presented RESOLUTION NO. 98 -609, A RESOLUTION OF THE
• BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COUNTY
OF ORANGE, CALIFORNIA ORDERING TERRITORY DESIGNATED AS
ANNEXATION NO. 250 ANNEXED TO THE COSTA MESA SANITARY DISTRICT.
0
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11. 1998
9
Director Reade motioned to approve Resolution No. 98 -609. Director Perry
seconded. Motion carried 5 -0.
TREASURER'S REPORTS
ORANGE COUNTY BANKRUPTCY
Mr. Davis reported on the agreement reached with Merrill Lynch for approximately
420 million dollars. This amount brings the total settlement to date to approximately
600 million dollars. Mr. Davis reported the District can expect to receive $285,000
when the settlement is approved.
RESOLUTION NO. 98 -610 - 1998 -99 DISTRICT BUDGET
Mr. Davis presented the District budget for fiscal year 1998 -99 in the amount of solid
waste appropriations, $3,716,438 and liquid waste appropriations $1,719,094 for a
total of $5,435,532. The solid waste budget amount represents an increase of 10
® percent and the liquid waste budget represents an increase of .5 percent.
Mr. Davis's report estimated the 1998 -99 trash charge will be $166.41. Director
Schafer requested Mr. Davis provide a breakdown of the $150,000 indirect charge
for the District.
Director Schafer motioned to adopt the Resolution No. 98 -610, A RESOLUTION OF
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT,
ADOPTING A BUDGET FOR THE FISCAL YEAR 1998 -99. Director Perry
seconded. Motion carried 5 -0.
INVESTMENT AUDIT REPORT FOR YEAR ENDED DECEMBER 31, 1997
Mr. Davis presented the annual review of the Treasurer's compliance with the
California Government Code and the Costa Mesa Sanitary District's Investment
Policy. The auditor's report determined that the Treasurer is in compliance with the
California Government Code and the District's Investment Policy except for minor
discrepancies for certain stated interest rates and market values due to a timing
issue.
Director Perry motioned to approve the Investment Audit Report for year ended
December 31, 1997. Director Schafer seconded. Motion carried unanimously.
•
0
COSTA MESA SANITARY DISTRICT 10
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11, 1998
RESOLUTION NO. 98 -611 - 1998 -99 INVESTMENT POLICY
Mr. Davis presented Resolution No. 98 -611, A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ADOPTING THE
1998 -99 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE
TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE COSTA MESA
SANITARY DISTRICT IN ACCORDANCE WITH THE 1998 -99 STATEMENT OF
INVESTMENT POLICY, AND AUTHORIZING THE SAID TREASURER TO
DELEGATE TO HIS DEPUTY THE CARRYING OUT OF ANY SUCH TASKS.
Director Perry motioned to adopt Resolution No. 98 -611, Investment Policy. Director
Schafer seconded. Motion carried 5 -0.
ATTORNEY'S REPORTS
RULING ON EXCLUSIVE TRASH FRANCHISE
Mr. Burns presented a memorandum advising the Court upheld an exclusive trash
franchise in Waste Management of Alameda County v. Biaginin Waste Reduction
Systems. The Court answered the petitioner by stating that exclusive franchise
arrangements have been consistently declared compatible with equal protection and
due process and that "exclusive franchising is rationally related to public health and
environmental concerns, as it facilitates efficient regulation of potentially hazardous
activities. "
REVISIONS NEEDED TO DISTRICT PUBLIC WORKS CONTRACTS
Mr. Burns reported the standard public works contract is in need of revision.
Mr. Burns learned at a recent City Attorney's Conference that legislative changes
now require contracts be modified in the areas of insurance and indemnification.
PROCEDURE FOR INCREASING RATES
Mr. Burns presented a memorandum outlining the law and procedures for increasing
trash charges for the Board's review and guidance.
President Ferryman requested a postcard notification be distributed 45 days prior to
a public hearing in compliance with Proposition 218.
• Director Perry motioned to approve a postcard notification distribution. Director
Schafer seconded. Motion carried 5 -0.
•
•
0
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11, 1998
11
Mr. Burns presented a memorandum outlining the Attorney General Opinion offering
clarification regarding the recent exception to the Brown Act allowing members of
the governing body to attend a meeting of its standing committee as "observers."
The Attorney General interpreted this exception to mean that the member attending
as an observer must not ask questions, must not make statements, and must not sit
on the dais, but in the area available to the public.
LOCAL MEETINGS
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
Director Schafer attended the ISDOC meeting on June 2, 1998. Director Schafer
reported Mr. John Schatz was appointed by the Governor to sit on a new
commission on Local Governments For The 21st Century. Director Schafer further
recommended the Board monitor the Hertzberg 2004 Proposition.
Director Schafer reported Proposition 1484 has passed the assembly, but was
amended to encompass the L. A. County area.
LOCAL AGENCY FORMATION COMMITTEE ( LAFCO)
Director Schafer attended the LAFCO meeting on June 10, 1998. Director Schafer
reported a staff member will be leaving to attend college and will be greatly missed.
SPECIAL DISTRICT TECHNICAL ADVISORY COMMITTEE (SDTAC)
Director Schafer advised there will be no meeting for the Technical Advisory
Committee for the month of June.
SELECTION OF MEMBERS FOR SPECIAL DISTRICT TECHNICAL ADVISORY COMMITTEE
Director Schafer presented her qualifications and requested approval from the
Board to run for the Special District Technical Advisory Committee.
P
President Ferryman nominated Director Schafer as Special District Technical
Advisory Committee representative. Director Perry seconded. Motion carried
unanimously.
f
COSTA MESA SANITARY DISTRICT 12
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11. 1998
COSTA MESA CHAMBER OF COMMERCE LEGISLATION COMMITTEE
Director Schafer attended the Costa Mesa Chamber of Commerce Legislation
Committee on May 20, 1998. Director Schafer provided the minutes and agenda for
the Board's perusal. Director Schafer spoke about the telephone recycling program
and the large item pickup at the Legislation Committee meeting.
COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
REGULAR MEETING OF MAY 27, 1998
President Ferryman reported elections will be held to elect a chairman for the
County Sanitation Districts of Orange County.
CITY OF COSTA MESA COUNCIL MEETING REPORT
MAY 18, 1998
• Director Worthington attended the May 18, 1998, City Council meeting and reported
the Trinity Broadcasting Network was requesting permission to offer food service to
visitors. Director Worthington further reported the City Council was concerned
about inoperative vehicles on private property and is drafting an Ordinance to
govern the storage of such vehicles.
JUNE 1, 1998
Director Schafer attended the June 1, 1998, City Council meeting. Director Schafer
reported the City has a balanced budget that is available for review at the City
Clerk's office. Director Schafer further reported a display of banners for 104 days
was approved. There was approval on the second reading of the skateboard park in
Lion's Park, construction of a two -story storage story on Newport Boulevard, and a
parcel on Bernard Street was up for sale. Director Schafer provided notes and
agenda for the Board's perusal.
Director Schafer attended a Historical Society meeting where Allan Roeder spoke
about the Redevelopment Area and Special Districts.
•
0
COSTA MESA SANITARY DISTRICT
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11. 1998
SANTA ANA RIVER FLOOD PROTECTION AGENCY
EXECUTIVE COMMITTEE MEETING OF MAY 28, 1998
13
President Ferryman presented the minutes for the Executive Committee meeting of
the Santa Ana River Flood Protection Agency. President Ferryman reported the
Seven Oaks Dam required 53 million to complete and Prado Dam requires 23
million. President Ferryman will be unable to attend the June 25 general election
meeting. Director Perry will attend the meeting to represent the Orange County
Sanitation District and Ms. Schmeisser will attend to represent -the Costa Mesa
Sanitary District.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
SDRMA RENEWAL IN THE AMOUNT OF $36,115.60
Mr. Hamers presented a renewal notice from SDRMA in the amount of $36,115.60.
Director Perry motioned to approve the renewal. Director Schafer seconded.
Motion carried 5 -0.
PUBLIC COMMENTS (REVISITED)
Mr. Salcido inquired whether the District was within their authority to punish
offenders of the trash can Ordinance by placing a lien on property or taking the
offender to small claims court. Mr. Burns responded that neither option was
available to the District. Mr. Salcido further inquired on placing signs regarding
illegal dumping. Mr. Burns advised Mr. Salcido to contact the City regarding illegal
dumping.
Mr. Hamers reiterated the Board's concerns and commitment to bring about
compliance with the trash can Ordinance.
ORAL COMMUNICATIONS
President Ferryman reported the County Sanitation Districts of Orange received an
• award for their newsletter.
President Ferryman requested Staff send flowers to Marilyn Rath's family and
express their condolences.
COSTA MESA SANITARY DISTRICT 14
MINUTES - BOARD OF DIRECTORS MEETING HELD JUNE 11, 1998
•
ADJOURNMENT
At 7:18 p.m. President Ferryman adjourned the meeting.
f
AL-, CLIA,
SECRETARY PR DENT
r1
U
•