Minutes - Board - 2002-02-140
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
The Board of Directors of the Costa Mesa
CALL TO ORDER Sanitary District met in regular session on
February 14, 2002, at 6:00 p.m. in Room
5 -A of the Civic Center, 77 Fair Drive, Costa
Mesa.
President Schafer called the meeting to order at 6:00 p.m..
Director Perry led the Pledge of Allegiance.
Vice President Woodside gave the invocation.
• ROLL CALL
DIRECTORS PRESENT: Arlene Schafer, Art Perry, Greg
Woodside, James Ferryman, Dan
Worthington
DIRECTORS ABSENT: None
STAFF PRESENT: Robin Hamers, Manager /Engineer; Alan
Burns, Legal Counsel; Tom Fauth,
Assistant Manager; Joan Revak, Clerk of
the District; Marc Puckett, Finance
Director, Ron Shef, District Ordinance
Enforcement Officer; Denise Gilbert,
Permit Processing Specialist; Debbie
Bjornson, Permit Processing Specialist.
Others Present:
None
• Mr. Hamers introduced the two newest members of staff, Denise Gilbert and
Debbie Bjornson, both holding positions as Permit Processing Specialists.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FERRUARY14,2002
• PAGE 2
. ............................... CONSENT CALENDAR . ...............................
President Schafer requested the Minutes of the Regular Meeting, January 10,
2002, the Trash Occupancy Count report dated February 7, 2002, and the
Investment Oversight Committee Minutes dated January 10, 2002, be pulled
from the Consent Calendar for further discussion.
President Schafer inquired as to the increase of 3 units in the Occupancy Report
at 652 Center Street. Mr. Fauth reported the owner of the 3 -unit apartment
complex previously used dumpster service and contacted the District to begin
curbside service.
Vice President Woodside motioned to approve the Consent Calendar, with the
removal of the Minutes of the Regular Meeting, January 10, 2002, the Trash
Occupancy Count report dated February 7, 2002, and the Investment Oversight
Committee Minutes. Secretary Perry seconded. Motion carried unanimously.
REPORTS
• MINUTE APPROVAL
Recycling Committee
Meeting,
January 8, 2002
Minutes of Investment
Oversight Committee
Meeting,
January 10, 2002
Minutes of Regular
Meeting,
January 10, 2002
Minutes of Special
Meeting,
February 6, 2002
The Minutes for the Recycling Committee Meeting of
January 8, 2002, were approved as distributed.
The Minutes for the Investment Oversight Committee
Meeting of January 10, 2002, were removed for
further discussion.
The Minutes for the Regular Meeting of January 10,
2002, were removed for further discussion.
The Minutes for the Special Meeting of February 6,
2002, were approved as distributed.
�,, COSTA MESA SANITARY DISTRICT
3 g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
• PAGE
MANAGER'S REPORTS
REFUNDS No refunds were requested.
OCCUPANCY REPORT
Occupancy Report and The Trash Occupancy Count was removed for further
Payment of discussion.
$172,612.97 to Costa
Mesa Disposal —
February 2002
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated February 2002, was
accepted as submitted.
• TREASURER'S REPORTS
Financial report as of The Financial Report for February 1, 2002 was
February 1, 2002 received and filed.
Report of Monies on The Report of Monies on Deposit as of February 1,
Deposit as of February 2002, was received and filed.
1,2002
Warrant 2002 -8 for Warrant Resolution #CMSD 2002 -8 was approved,
February 2002 in the authorizing the President and Secretary to sign the
amount of warrant and instructing the Finance Department to
$1,361,354.99 draw a warrant from the Costa Mesa Sanitary District
General Fund in the amount of $1,361,354.99.
.......................... END OF CONSENT CALENDAR ..........................
President Schafer reported an error on page 9 of the Minutes of the Regular
Meeting, January 10, 2002, under Local Agency Formation Commission
. (LAFCO). The Minutes report as follows:
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
LAFCO is involved with a Leadership Conference at Lake Arrowhead January
13, 14, and 15, 2002. President Schafer and Director Worthington will be
attending the conference.
The Minutes will be amended to reflect the following:
LAFCO is involved with a Leadership Conference at Lake Arrowhead January
13, 14, and 15, 2002. President Schafer and Director Ferryman will be
attending the conference.
Vice President Woodside motioned to approve the Minutes of the Regular
Meeting, January 10, 2002, as amended. Secretary Perry seconded. Motion
carried unanimously.
Mr. Harriers reported there is an error on the Trash Occupancy Count dated
February 7, 2002. The last line reads as follows:
Said payment in the amount of $172,612.97 to be ratified on the January
2002 warrant list.
• The Trash Occupancy Count will be amended to reflect the following:
Said payment in the amount of $172,612.97 to be ratified on the March 2002
warrant list.
The Trash Occupancy Count documented an increase of 3 units in the
occupancy report for solid waste collection as of February 1, 2002. Therefore,
the total for February is 21,004. Board directed Staff to prepare a warrant for
$172,612.97 to Costa Mesa Disposal on March 1, 2002, for payment for February
trash collection based on the February count of 21,004.
Vice President Woodside motioned to approve the Trash Occupancy Count
dated February 7, 2002, as amended. Secretary Perry seconded. Motion
carried unanimously.
Vice President Woodside inquired as to why the Minutes for the Investment
Oversight Committee Meeting of January 10, 2002, did not reflect that Secretary
Perry was in attendance. Secretary Perry reported that he was there as an
observer only.
Vice President Woodside motioned to approve the Minutes for the Investment
Oversight Committee Meeting of January 10, 2002, as presented. Secretary
40 Perry seconded. Motion carried unanimously.
•
COSTA MESA SANITARY DISTRICT
g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
PAGE
WRITTEN COMMUNICATIONS
Mr. Hamers reported there were no written communications.
PUBLIC COMMENTS
There were no public comments, no public in attendance.
MANAGER'S REPORTS
ANTI- SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT
REPORTS
POLICE REPORT
Mr. Hamers presented a memorandum providing the statistics for the month
of January 2002. The number of calls for service for scavenging is as
follows:
1 ncatinn Calls fnr Sarvice Cite /Arrest
Area 1
2
2
Area II
3
1
Area III
1
1
Area IV
0
0
TOTAL
6
4
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Shef presented the ordinance enforcement summary report for the five -
week period beginning December 24, 2001 and ending January 27, 2002.
Mr. Shef distributed 45 courtesy flyers during this period.
CMSD STRATEGIC PLAN
REVIEW OF FIRST YEAR ACTION ITEMS
ITEM 4.1 — PUBLIC OUTREACH PROGRAM
CIRCLE OF SERVICE AWARD FOR NATE READE
Ms. Revak reminded Board members the Circle of Service Award to
honor Nate Reade will be held on Friday, March 22, 2002, at 11:30.
• a.m., and noted that President Schafer, Director Ferryman, and Mr.
Hamers will be speaking at the ceremony. Formal invitations are being
addressed and will be mailed out by the City.
COSTA MESA SANITARY DISTRICT
'w. a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
„, FEBRUARY 14, 2002
. PAGE 6
DEVELOPMENT OF STRATEGIC PLAN
FEBRUARY 6, 2002 STUDY SESSION
Mr. Hamers reported the Study Session was very productive. The Board
identified 15 items to be pertinent for discussion at the upcoming Strategic
Planning Session.
FEBRUARY 15, 2002 INTERVIEWS AND FEBRUARY 16, 2002 WORKSHOP
Ms. Revak prepared a Strategic Planning book for all directors containing
the Minutes from the Study Session of February 6, 2002, and additional
useful information. The Interviews with Mr. Rauch will be held at the Civic
Center.
The Workshop will be held at the Neighborhood Community Center,
Saturday, February 16, 2002, at 8:00 a.m.
RECYCLING REPORTS
• WASTE DIVERSION REPORT — DECEMBER 2001
Vice President Woodside motioned to approve the Waste Diversion
Report for December showing a diversion rate of 50.08 percent. Director
Ferryman seconded. Motion carried unanimously.
WASTE DIVERSION REPORT — JANUARY 2002
Vice President Woodside motioned to approve the Waste Diversion
Report for January showing a diversion rate of 50.06 percent. Director
Ferryman seconded. Motion carried unanimously.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL
FOR JANUARY 2002
Director Ferryman motioned to approve contract payment to CR Transfer for
recycling services and disposal for the month of January 2002 in the amount
of $155,885.93. Secretary Perry seconded. Motion carried unanimously.
RECYCLING COMMITTEE — FEBRUARY 12. 2002 — 9:30 A.M. PRESIDENT SCHAFER
AND DIRECTOR FERRYMAN
• Mr. Hamers reported Director Worthington was ill and unable to attend the
meeting. Director Ferryman was in attendance in Director Worthington's
place.
COSTA MESA SANITARY DISTRICT
3 ul • g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
• PAGE 7
STANDARDIZED CONTAINER PROGRAM
Mr. Fauth presented a matrix depicting the current status of Roto orders
for the standardized containers from July 2001 to January 2002. Mr.
Fauth summarized the report for the Board, reporting he anticipates an 8%
increase in the total number of cans distributed and an approximate 2%
cost underrun for the $2.2M program.
TELEPHONE BOOK RECYCLING PROGRAM
Ms. Revak reported the award presentations for the sixth annual school
telephone book recycling contest are being presented and the schools are
very appreciative. The Recycling Committee discussed increasing the
dollar amount of the awards to the winning schools. Awards for the 2001
contest totaled to $10,005.
CHRISTMAS TREE RECYCLING - FINAL REPORT
Ms. Revak reported the total tonnage for the Christmas Tree Recycling
• program is 96.64 tons. The District has requested reimbursement from
The City of Costa Mesa in the amount of $4,638.72.
GREETING CARD RECYCLING
Mr. Fauth reported 702 pounds of greeting cards were collected and sent
to St. Judes Ranch for Children. Ms. Susan Campbell, Mail Box Center,
will provide free labor and packaging to ship the cards to St. Judes. The
District will pay for shipping of approximately $135.
Ms. Revak reported the Committee recommended extending the collection
notice for next year's program through month -end January 2003.
A copy of the letter and Certificate of Appreciation thanking Ms. Campbell
for her contribution was distributed.
Director Ferryman motioned to approve the Certificate of Appreciation to
Susan Campbell. Secretary Perry seconded. Motion carried
unanimously.
Director Worthington will deliver the letter and framed Certificate of
Appreciation to Ms. Campbell.
11
COSTA MESA SANITARY DISTRICT
5 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14,2002
• PAGE 8
ENGINEER'S REPORTS
EMERGENCY WORK
Mr. Hamers provided a report to the Board outlining the emergency items
requiring immediate repair so as not to endanger the public. Director
Ferryman motioned to ratify the actions of the Manager in the emergency
work. Secretary Perry seconded. Motion carried unanimously.
SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD WASTE DISCHARGE
REQUIREMENTS
Mr. Hamers reported he is waiting to see the outcome of the public review
draft.
PROJECT NO. 155 - MASTER PLAN UPDATE
Mr. Hamers reported the draft will be printed after the Strategic Plan
Meeting.
• PROJECT NO. 168 - TUSTIN AVENUE PUMPING STATION REMODEL
PROPOSAL TO BEGIN DESIGN PHASE
Mr. Hamers presented a project description for the Tustin Avenue
Pumping Station Remodel.
In accordance with the project as proposed in the Capital Improvement
Program and as supported by the Norris -Repke independent engineer's
review, it is proposed to complete the design phase at the following hourly
rates not to exceed $32,500.
Engineering $ 70.00 /hour
Surveying (2 -man crew) 165.00 /hour
Soils Report At cost
Director Ferryman motioned to approve the proposal to begin the design
phase of the Tustin Avenue Pumping Station Remodel, not to exceed
$32,500. Vice President Woodside seconded. Motion carried
unanimously.
n
f_J
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14,2002
2051 -2053 NEWPORT BOULEVARD
NEW CMSD EASEMENT
Mr. Hamers presented a report for consideration of acceptance of new
sewer easements along with a resolution to vacate the District's interest in
a public utility easement over the Self Storage property at 2051 Newport
Boulevard. The new Self Storage building is causing the relocation of the
existing CMSD sewer line traversing the property. The relocation will be
done at no cost to the District.
Mr. Burns reviewed the document and reported the Board would need to
make a finding that there are no other public facilities located within the
easement.
Mr. Hamers reported there were other utilities that are taking the same
action of vacating their interest in the easement and recommended the
District accept the new easement and vacate the old easement.
• Director Ferryman motioned to accept the new easement. Secretary
Perry seconded. Motion carried unanimously.
RESOLUTION NO. 2002 -658 - VACATING EXISTING EASEMENT
Mr. Hamers introduced RESOLUTION NO. 2002 -658, A RESOLUTION
OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY
DISTRICT, COSTA MESA, CALIFORNIA, ORDERING THE VACATION
OF THE DISTRICT'S INTEREST IN AN EASEMENT FOR PUBLIC
UTILITIES.
Vice President Woodside motioned to adopt Resolution No. 2002 -658 with
the wording change requested by Alan Burns. Secretary Perry seconded.
Motion carried unanimously.
PROJECT NO. 162 - PILOT PROGRAM - USE OF ENZYMES FOR GREASE AND ODOR
CONTROL
Mr. Hamers presented a report to recommend the District put the pilot
program — Use of Enzymes for Grease and Odor Control, on hold and join the
Regional Study.
• Mr. Hamers recommended the Board authorize payment to the Orange
County Sanitation District of up to $17,000 for its share of the Phase I Study.
The funds will be obtained from Project #162. Mr. Hamers will be taking an
COSTA MESA SANITARY DISTRICT
3 g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
• PAGE 10
active role in overseeing the project. A preliminary scope was provided to the
Board for their review
Secretary Perry motioned to approve joining the Orange County Sanitation
District for the Regional Study, up to a cost of $17,000. Vice President
Woodside seconded. Motion carried unanimously.
TREASURER'S REPORTS
TWO PERCENT ASSESSMENT APPEALS CASE
Mr. Puckett presented a letter from David E. Sundstrom, Auditor - Controller to
Supervisors Coad, Smith, Silva, Spitzer, and Wilson regarding the two
percent assessment appeals case. Mr. Puckett pointed out the effect on the
District as estimated by the auditor - controller. Mr. Puckett provided a
synopsis of the circumstances the District would face, depending on the
outcome of the case. Mr. Puckett will keep the Board informed.
ATTORNEY'S REPORTS
• RESOLUTION NO. 2002 -657 - ORDERING THAT PUBLICATION OF ORDINANCE NO.
39 AMENDING THE DISTRICT'S OPERATIONS CODE AND ESTABLISHING A LOCAL
CLAIMS PROCEDURE HAS OCCURRED
Vice President Woodside motioned to adopt RESOLUTION NO. 2002 -657,
ORDERING THAT PUBLICATION OF ORDINANCE NO. 39 AMENDING
THE DISTRICT'S OPERATIONS CODE AND ESTABLISHING A LOCAL
CLAIMS PROCEDURE HAS OCCURRED. Secretary Perry seconded.
Motion carried unanimously.
MARANGELL V CITY OF COSTA MESA AND COSTA MESA SANITARY DISTRICT AND
GENERAL DISCUSSION OF LATERAL LIABILITY ISSUES (ATTORNEY - CLIENT MEMO
PREVIOUSLY DISTRIBUTED)
Mr. Hamers presented a memorandum to Mark Taylor, Risk Management
Analyst, City of Costa Mesa regarding the Marangell case.
The Board will discuss the issue of sewer laterals during the Strategic Plan
Workshop.
Mr. Burns presented a synopsis of his report to the Board. Mr. Burns
suggested preparing a document to be used in small claims court by the
• District in cases involving lateral liability.
COSTA MESA SANITARY DISTRICT
( w", g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14,2002
• PAGE 11
Director Ferryman motioned to direct Mr. Burns to prepare a document for
use by the Board and staff concerning the legal issues of lateral liability.
Secretary Perry seconded. Motion carried unanimously.
HOME GARDENS SANITARY DISTRICT V. CITY OF CORONA
Mr. Burns reported the Court of Appeal issued a favorable tentative decision
in Home Gardens Sanitary District v City of Corona. The decision holds that
a city may generally not interfere with a sanitary district's exercise of its
power. The decision had been designated as not being published. Mr. Burns
had suggested it may be useful to urge the Court to publish this case as it
would provide a useful precedent. President Schafer assisted in getting
CSDA to support the publishing of the case. Mr. Burns also received support
from CASA to have the case published.
At the meeting Mr. Burns announced that the Court of Appeals had just
ordered the case certified for partial publication, thereby making the decision
precedent in California law.
LOCAL MEETINGS
• ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING — JANUARY 23, 2002
Director Ferryman attended a committee meeting on January 23, 2002.
• Shirley McCracken elected to the position of Vice Chair.
• Preparation of tape requesting input on waiver. (Ms. Revak will
obtain a copy for the Board)
• EPA supported the waiver for San Diego
MONTHLY BOARD LETTER UPDATE
The Monthly Board Letter was provided in the Board packets.
SANTA ANA RIVER FLOOD PROTECTION AGENCY
MEETING — JANUARY 24, 2002
Director Ferryman provided the minutes of the Santa Ana River Flood
Protection Agency.
• • Orange County has received $94 million of Subvention Funding
from the State of California.
• Approximately $48 million slated for approval and future payment.
COSTA MESA SANITARY DISTRICT
s MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
• PAGE 12
Secretary Perry inquired as to whether the Board wanted to appoint a
Staff member as Alternate to attend the meetings. Staff will consider
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
QUARTERLY MEETING — WEDNESDAY, JANUARY 30, 2002
President Schafer attended the Quarterly ISDOC meeting and reported
the following:
• Amended the By -Laws
• Speakers were Bob Hill, General Manager, El Toro Water District
and Ron Briles, General Manager, Midway City Sanitary District.
Directors Perry and Worthington and Staff Members Rob Hamers, Tom
Fauth and Joan Revak also attended the Quarterly Meeting.
President Schafer provided materials for the Board's perusal.
LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
• President Schafer attended the LAFCO Meeting on February 13, 2002,
and reported on the following:
• South County water study
Five year review of cities and special districts
• President Schafer appointed to executive Board of LAFCO
• Tour of Costa Mesa /Newport Beach annexation area in March
• Public hearing on Costa Mesa /Newport Beach annexation to be
held in May or June
WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO)
President Schafer attended the WACO meting on February 1, 2002, and
reported on the following:
• Regional OCWD and MWDOC meeting to discuss grease control
• South County water study
• Regional Board discussion on septic tanks
• Mark Slyths, Santa Ana Regional Water Quality Control Board,
spoke on environmental resources in Orange County
• Chris Crompton, manager of Environmental Resources, County of
• Orange, discussed grease control
• Lynn Daucher's bill AB 1356 Reform Local Government
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG)
President Schafer attended the January 24, 2002, OCCOG meeting and
reported they discussed the following:
• Attendance at general meetings
• Elections held for new Chair and Vice Chair
CHAMBER OF COMMERCE LEGISLATION COMMITTEE
President Schafer attended the meeting and provided a report on CMSD
programs.
MEMBERSHIP INVESTMENT FOR 411102 To 4/1103
Director Ferryman motioned to approve membership to the Chamber of
Commerce for 4/1/02 to 4/1/03 in the amount of $360.00. Secretary Perry
seconded. Motion carried unanimously.
ORANGE COUNTY LEADERSHIP SYMPOSIUM - LAKE ARROWHEAD JANUARY 12 -13,
• 2002 (PRESIDENT SCHAFER AND DIRECTOR FERRYMAN)
President Schafer reported the Leadership Symposium was very productive.
President Schafer distributed materials for the Board's perusal.
CSDA
CSDA SEMINAR "PRACTICALITIES 2002 - GOVERNING TOGETHER" -
JANUARY 24 -25, 2002 - PALM SPRINGS (ART PERRY)
Secretary Perry attended the two -day conference and requested Ms.
Revak send a copy of the CMSD videotape to an East Kern Airport District
Director.
CSDA GOVERNMENT AFFAIRS DAY- SACRAMENTO- MARCH 11, 2002
President Schafer reported the CSDA Government Affairs Day will be held
in Sacramento on March 11, 2002. Director Worthington expressed a
desire to attend. Interested directors will contact Ms. Revak for
reservations.
11
COSTA MESA SANITARY DISTRICT
' ^ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 14, 2002
• PAGE 14
CMSD /CITY OF COSTA MESA/ MESA CONSOLIDATED WATER DISTRICT LIAISON
COMMITTEE
MEETING - JANUARY 23, 2002, (PRESIDENT SCHAFER, DIRECTOR
WORTHINGTON, AND MANAGER/DISTRICT ENGINEER ROB HAMERS)
President Schafer, Director Worthington, and Mr. Hamers attended the
January 23, 2002 meeting. The Committee discussed, among other
items, whether grant funding could apply to utility relocations as well as
road improvements
WESTSIDE REDEVELOPMENT ACTION COMMITTEE
Mr. Harriers reported it would not be appropriate for the District to join the
Westside Redevelopment Action Committee.
OLD BUSINESS
0 There was no old business reported.
NEW BUSINESS
GIRL SCOUT COMMUNITY EVENT- MAY 18, 2002
The Girl Scouts will be holding an event at the Fairgrounds on May 18, 2002,
and requested District participation by hosting a booth to provide information
on CMSD functions in the community.
ORAL COMMUNICATIONS
Director Worthington inquired with whether the District is going forward with the
e- waste. Mr. Harriers reported staff is finalizing the details through Curbside, Inc.
and will provide a report to the Recycling Committee
President Schafer reminded Directors that the individual interviews with Mr.
Rauch will be held in room 5A of the Civic Center. Ms. Revak advised that
Saturday's Workshop will be held at the Neighborhood Community Center in the
• Paularino Room.
Y4
n
U
ADJOURNMENT
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
At 7:43 p.m., President Schafer adjourned the meeting.
0
40
FEBRUARY 14, 2002
PAGE 15