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Minutes - Board - 1999-03-1111 • COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held March 11 1999 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on March 11, 1999, at 6:00 p.m., in conference room 1 -A of the Civic Center, 77 Fair Drive, Costa Mesa. President Perry called the meeting to order at 6:00 p.m. Vice President Schafer led the Pledge of Allegiance. Director Woodside gave the invocation. ROLL CALL: Directors Present: Art Perry, Arlene Schafer, Greg Woodside, James Ferryman, Dan Worthington Staff Present: Robin Harriers, Manager /Engineer; Alan Burns, Legal Counsel; Lois Thompson, Assistant Manager; Joan Revak, Clerk of the District; Dawn Schmeisser, Assessment Specialist; Marc Puckett, Treasurer; Ron Shef, District Ordinance Enforcement Officer Others Present: None. CONSENT CALENDAR ----------- - - - - -- On motion by Director Ferryman, seconded by Vice President Schafer, and carried 5 -0, the Consent Calendar was approved as presented. MINUTES Approved Minutes of Regular Meeting February 9, 1999 Approved Minutes of Recycling Committee • Meeting, February 11, 1999 The minutes for the regular meeting of February 9, 1999, were approved as distributed. The minutes for the Recycling Committee meeting of February 11, 1999, were approved as distributed. • 0 • COSTA MESA SANITARY DISTRICT 2 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11. 1999 REPORTS MANAGER'S REPORTS Approved Occupancy The Trash Occupancy Count documented a decrease of 1 Report and payment of unit in the occupancy report for solid waste collection as of $160,043.50 to Costa March 1, 1999. Therefore, the total for March is 21,146. Mesa Disposal for trash Board directed Staff to prepare a warrant for $160,043.50 to collection services for Costa Mesa Disposal on April 1, 1999, for payment for March March 1999 trash collection based on the March count of 21,146. 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: Denied Refund Denied Refund to Charles Simpson To Charles Simpson Parcel Address: 1940 Wallace Avenue Assessor's Parcel No. 422 - 262 -14 Tax years 1994 -95 Refund was denied, application date exceeded California statute of limitations requirements RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for February 1999 showing a February 1999 was 41.19% diversion rate was received and filed. received and filed Approved Contract The Board approved contract payment to CR Transfer for Payment to CR Transfer recycling services and disposal for the month of February for $101,337.71 1999 in the amount of $101,337.71 ENGINEER'S REPORTS Project Status Report was The Project Status Report for March 1999, was accepted received and filed. as submitted. • COSTA MESA SANITARY DISTRICT 3 MINUTES- BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 TREASURER'S REPORTS Financial Report as of The Financial Report as of February 28, 1999, was accepted February 28, 1999, was as submitted. received and filed Report of Monies on The Report of Monies on Deposit as of February 28, 1999, Deposit as of was accepted as submitted. February 28, 1999, was received and filed Approved Warrant 99 -09 Warrant Resolution #CMSD 99 -09 was approved, authorizing for March 1999, in the the President and Secretary to sign the warrant and amount of $401,180.39 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $401,180.39. END OF CONSENT CALENDAR -------------- ------------------------------ ----------- - - - - -- WRITTEN COMMUNICATIONS Mr. Hamers reported receipt of a letter from Mr. Stanley E. Sprague, General Manager, Municipal Water District of Orange County, dated February 17, 1999. Mr. Sprague's letter was written in response to President Perry's letter of February 12, 1999, regarding the deposit of castoff toilets in local landfills. Mr. Sprague outlined the water district's policies regarding the recycling of cast -off toilets and stated the issue will be addressed at the Orange County Waste Management meeting on February 25, 1999. Ms. Thompson reported she will be heading up a committee to explore options for the recycling of the cast -off toilets. PUBLIC COMMENTS There were no public comments made. COSTA MESA SANITARY DISTRICT 4 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • 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 February 1999. The number of calls for service for scavenging are as follows: Location Calls for Service Cite /Arrest Area 1 1 0 Area 11 2 0 Area III 1 2 Area IV 0 0 TOTAL 4 2 • DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning January 25, 1999, and ending February 21, 1999. Mr. Shef reported the update on the multifamily dwelling list was submitted to Staff, District problem areas (specifically the Wallace Improvement Area) were continuously monitored, and all complaints received were investigated with results reported to Staff. Preparations were made for the pilot trash collection program. Mr. Shef distributed 90 courtesy flyers to encourage compliance. Mr. Hamers reported Mr. Salcido was pleased with the District's efforts in the Wallace Improvement Area. Mr. Salcido will contact Mr. Hamers directly to notify the District of any future unsatisfactory conditions in the Wallace Improvement Area. • COSTA MESA SANITARY DISTRICT 5 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11. 1999 • RECYCLING COMMITTEE MEETING - SPECIAL MEETING FEBRUARY 9, 1999 UPDATE ON PILOT PROGRAM Director Worthington reported he drove around in the pilot program area and he was very impressed with the new containers. Director Worthington observed a few residences using their own trash containers in addition to the District containers. Director Worthington further commented that the "No Scavenging" signs currently placed on the sides of the District containers were not adhering to the containers and an alternative sign should be considered. Ms. Thompson gave an overview report of the resident reaction to the pilot program to date. Ms. Thompson reported approximately 8 percent of the test area (single - family dwellings) did not want the containers. Ms. Thompson reported she will do a survey midway through the program to fully assess resident's satisfaction level. Director Worthington requested placing an item on the agenda to discuss options of financing the program. • Director Worthington homeowners' meeting residents' questions. • will be speaking at the next Mesa Verde to show the new containers and answer the DATA VERIFICATION OF CR TRANSFER Director Worthington reported the data verification of CR Transfer was discussed and the Committee determined an audit was not necessary at this time. The District will continue to closely monitor the data. NEIGHBORS FOR NEIGHBORS EVENT Ms. Thompson reported the City holds a "Neighbors for Neighbors" event twice a year and she received a flyer requesting assistance with the event. Ms. Thompson contacted the City to offer to donate bins for the event and was told the City had already received a donation of bins. Ms. Thompson requested the City keep the District in mind for a donation for the next event in the fall. COSTA MESA SANITARY DISTRICT 6 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • EXPANSION OF LARGE ITEM COLLECTION Director Worthington reported the Committee reviewed a memorandum sent by the City of Costa Mesa regarding exploring the adequacy of large item pickups. Ms. Thompson prepared a graph depicting the number of large item pickups from on -call service and the tonnage from the annual large item pickup. Director Worthington reported the graph reflected the City's residential needs were being met by the current system of on -call pickups and annual large item citywide collection. Vice President Schafer suggested sending a letter to the mayor and Council to summarize the District's current large item pickup program. BOARD EDUCATION PROGRAM SPECIAL DISTRICT INSTITUTE SEMINAR - BOARD MEMBER LEADERSHIP I FEBRUARY 18 -20, 1999 Vice President Schafer attended the Special District Institute Seminar, Board • Member Leadership I. Vice President Schafer reported she was very impressed with the seminar and thanked the Board for allowing her to attend. Vice President Schafer related a very beneficial mock Board meeting was held and she distributed some of the materials she obtained at the seminar for the Board's perusal. Vice President Schafer earned a certificate for the first of the three -part seminars and reported she would like to attend the remaining two workshops entitled "Emphasis in Finance" and "Emphasis in Administration." Vice President Schafer stated she was pleased to report the Costa Mesa Sanitary District has already implemented the majority of the things suggested for Special Districts by the Special District Institute. SDRMA EDUCATION DAY WORKSHOP - FEBRUARY 25, 1999 Director Worthington, Vice President Schafer, and Ms. Revak attended the SDRMA Education Day Workshop. Director Worthington reported the topic of the workshop was loss prevention to limit the exposure against claims. Director Worthington reported the Costa Mesa Sanitary District has already instituted the majority of programs suggested. • COSTA MESA SANITARY DISTRICT 7 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • SPECIAL DISTRICT INSTITUTE SEMINAR - BOARD MEMBER LEADERSHIP II "EMPHASIS IN FINANCE" - APRIL 29 -MAY 1, 1999 - PALM SPRINGS Mr. Hamers introduced the schedule for the Special District Institute Seminar entitled "Emphasis in Finance" to be held in Palm Springs. Vice President Schafer expressed a desire to attend. All other Directors interested in attending the seminar will contact Ms. Revak. SDRMA PROPOSED BYLAW AMENDMENT - REVISING PROXY VOTING Mr. Hamers introduced a letter from Ken Sonksen, President, Board of Directors, SDRMA, dated February 10, 1999 regarding proposed bylaw amendment - revising proxy voting. Director Worthington expressed dissatisfaction with the proposed bylaw. Director Woodside motioned to have Staff contact the Chief Executive Officer of SDRMA, Mr. Jim Towns, to express the District's disagreement with the proposed bylaw. Director Ferryman seconded. Motion carried 5 -0. DISTRICT WEB PAGE UPDATE Ms. Thompson provided a report of the number of visitors to the City web site for a • period from August 1, 1998 to February 28, 1999. The site registered 3,910 new visits during the month of February 1999 and 1,411 repeat visitors to the site. Ms. Thompson will be taking a web page development class in March to become more informed about the process. Ms. Thompson will speak with the City web page director to determine if the Costa Mesa Sanitary District can have a larger presence on the City's web site. DRAFT GREASE INTERCEPTOR ORDINANCE RESULTS OF MARCH 4, 1999 MEETING WITH CITY OFFICIALS Mr. Hamers reported the outcome of a meeting held with Ms. Thompson, Don Lamm, and Rick Brown to discuss the City's position on grease interceptors. Mr. Hamers reported the City is now enforcing all elements the District desired on grease interceptors. Mr. Brown is in the process of creating internal policies for his staff and requested input from the Costa Mesa Sanitary District. The City desires to remain business friendly, while remaining sensitive to the grease interceptor issue. Mr. Lamm requested the District wait until OCSD has determined the exact language to be used on grease interceptor ordinances. • Mr. Hamers recommended the District revisit the issue again. COSTA MESA SANITARY DISTRICT B MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • SHARPS DISPOSAL CONTRACT RENEWAL Ms. Thompson reported the District's contracts with Stericycle contain an automatic roll over provision. Ms. Thompson notified Stericycle she was putting out bids for the contracts and Stericycle lowered their rate a total of $252 per year, or approximately $7 per month per site. Director Ferryman motioned to allow the three Stericycle contracts to roll over for one year. Vice President Schafer seconded. Motion carried 5 -0. ENGINEER'S REPORTS PROJECT 160 - FAIRVIEW PARK SEWER BID OPENING Mr. Harriers presented the results of the bid opening of March 1, 1999 for Project 1112100 -160, Fairview Park sewer. Mr. Harriers reported the City of Costa Mesa has committed to the alternate bid items Al, construct 8" PVC sewer in Fairview Park; A2, construct cleanout; and A3, construct a 48" manhole. • Vice President Schafer motioned to award the bid for Project 1112100 -160, Fairview Park sewer to Sully - Miller, the lowest responsive and responsible bidder at $214,002.25. Director Woodside seconded. Motion carried 5 -0. Director Ferryman motioned to authorize awarding the bid to Sully - Miller, the lowest responsive and responsible bidder at $43,587 for alternate bid items Al, A2, and A3, upon receipt of a letter from the City of Costa Mesa stating they agree to pay the additional amounts for items Al, A2, and A3. Vice President Schafer seconded. Motion carried 5-0 PROPOSAL TO PROVIDE INSPECTION SERVICES A proposal was introduced to perform the inspection phase of Project 160, Fairview Park sewer, at the following rates, not to exceed $30,000: Engineering $63.00 /hr. Inspection $42.00 /hr. Surveying (2 -man crew) $155.00/hr. Surveying (3 -man crew) $185.00/hr. Included with the proposal is an excerpt of the 1998 -99 Capital Improvement • Program explaining the project along with Boyle Engineering Corporation's COSTA MESA SANITARY DISTRICT 9 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • independent review of the project stating the project is warranted and costs are reasonable. Director Ferryman motioned to approve the proposal for Project 1112100 -160, Fairview Park sewer, begin the inspection phase, at $63.00 per hour for engineering, $42.00 per hour for Inspection, $155.00 an hour for a 2 -man survey crew, and $185.00 an hour for a 3 -man surveying crew, not to exceed $30,000. Director Woodside seconded. Motion carried 5 -0. 2300 HARBOR BOULEVARD (HOME DEPOT CENTER) Mr. Hamers introduced a map depicting the easement area under consideration at 2300 Harbor Boulevard (Home Depot Center). The easement will allow the Home Depot center to access the sewer line. Staff has reviewed the easement and determined it to be appropriate. Director Ferryman motioned to approve the easement as presented. Director Woodside seconded. Motion carried 5 -0. NORTHWEST CORNER OF FAIRVIEW AND ADAMS - LYON MESA HOMES Mr. Harriers introduced an easement agreement for the northwest comer of Fairview and • Adams, Lyon Mesa Homes. Mr. Harriers stated he has reviewed the easement agreement and determined it to be appropriate. Director Woodside motioned to approve the easement agreement for the northwest comer of Fairview and Adams. Vice President Schafer seconded. Motion carried 5 -0. TREASURER'S REPORTS Mr. Puckett stated he is reviewing the Districts report format and is in the process of modifying them to contain more information. ORANGE COUNTY BANKRUPTCY Mr. Puckett stated there were no additional distributions related to the bankruptcy. Mr. Puckett reported receipt of a letter from attorney Paul R. Glassman notifying the District of his new firm, Pietzman, Glassman & Weg, and new address. Mr. Glassman will continue with every aspect of the work on the Orange County bankruptcy. • COSTA MESA SANITARY DISTRICT 10 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • INVESTMENT OVERSIGHT COMMITTEE MEETING - MARCH 11, 1999 Mr. Puckett reported meeting with Vice President Schafer, Director Woodside, and Staff to review the Investment Audit Report, the Treasurer's report, and Investment Policy. ATTORNEY'S REPORTS POLICY ON ROLL CALL VOTES Mr. Bums investigated the requirement of roll call votes. Mr. Burns determined there is no requirement for a roll call vote in most instances with the exception of the requirement to report action taken in closed session. BOARD MEETINGS OCCURRING OUTSIDE OF DISTRICT BOUNDARY Mr. Bums reported he investigated attendance by the Board at meetings occurring outside of the District boundaries. Mr. Bums provided excerpts of the Brown Act to Board members for their review and concluded the District is acting within the Brown Act to hold meetings at the majority of ISDOC and other multi- agency bodies out of District territory and would allow attendance by a majority at conferences and seminars that are out of District territory. • Mr. Bums recommended the Board request assistance with any questionable meetings: DIRECTOR LIABILITY /SDRMA COVERAGE Mr. Bums investigated Board member liability and insurance coverage and provided a report outlining the difference between indemnification and insurance. Mr. Burns concluded Directors enjoy broad protection under the Government Code and would be defended and indemnified from their acts or omissions unless they were acting outside of the scope of their duties or were acting maliciously (willfully violating the law with an evil motive). Mr. Burns explained the District has purchased prudent insurance to cover most risks that a Director could be exposed to, but the District's responsibility to defend and indemnify arises irrespective of whether insurance exists. ASSEMBLY BILL 1760 Mr. Burns reported he researched Assembly Bill 1760 and how it interrelates with Proposition 218. Mr. Bums stated he is still working with Staff and will finalize his report and bring any recommendations to the Board. C, J COSTA MESA SANITARY DISTRICT MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1998 • LOCAL MEETINGS INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) Vice President Schafer attended the March 2, 1999 Independent Special Districts of Orange County meeting. Vice President Schafer provided the agenda and supporting materials for the Board' perusal and reported the topics included: • finances • goals for 1999 • limiting the use of the acronym "ISDOC" and using the full title of "Independent Special Districts of Orange County' • having more legislators at the quarterly meetings • Irvine Ranch Water District • encouraging smaller districts to attend meetings LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Vice President Schafer attended the LAFCO meeting and reported discussion was held regarding the budget, Laguna Woods, and legislative bills. COSTA MESA CHAMBER OF COMMERCE LEGISLATION COMMITTEE • Vice President Schafer attended the Costa Mesa Chamber of Commerce Legislation Committee where the topics included: • budget surplus • overtime • legislative boot camp • Marilyn Brewer's reappointment • Orange County Transit Authority • advisory commissioners for the John Wayne Airport and the improved parking at the airport • recruitment of an airport director Vice President Schafer reported a representative from the Governors office will be in attendance at the next meeting and she will ask him about the subvention fund. • COSTA MESA SANITARY DISTRICT 12 MINUTES - BOARD OF DIRECTORS MEETING HELD MARCH 11, 1999 • ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING OF FEBRUARY 24, 1999 Director Ferryman reported attendance at a guidance meeting and reported an engineering firm reviewed the "hot spots" of the County and reviewed proposals. Director Ferryman reported a workshop on the water reclamation project will be held at the Orange County Sanitation Districts on March 13 and suggested any interested Director attend. OLD BUSINESS There was no old business discussed. NEW BUSINESS CMSD MEETING SCHEDULE - APRIL AND MAY 1999 Ms. Revak reported the regular meeting of April will be held on Thursday, April 15, 1999 at 6:00 p.m. in conference room 5A. The May meeting will be held on the originally - scheduled date, May 13, 1999 at 6:00 p.m. in conference room 1A. • ORAL COMMUNICATIONS Director Worthington reported attendance at a meeting where the representative from the Independent Special Districts reported an assemblyman appointed overseeing LAFCO has made a statement to the media that he hated special districts and intends to reduce their numbers. The representative suggested contacting local -level assemblymen to let them know the importance of special districts. Mr. Hamers reported a sewer incident occurred on Wilson Street when a force main developed a hole. Mr. Hamers reported the incident was under control within two hours of the occurrence and determined the remainder of the line was in very good condition. Director Ferryman reported he has been well received when delivering the awards to the schools for their participation in the newspaper recycling program. Director Ferryman reported the schools are very enthusiastic and appreciative about the program. ADJOURNMENT At 7:55 p.m. President Perry adjourned the meeting. till RY SECRET",R. '' I`