Loading...
Minutes - Board - 2002-03-14i COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on March 14, 2002, at 6:00 p.m. in Room 1 -A of the Civic Center, 77 Fair Drive, Costa Mesa. President Schafer called the meeting to order at 6:00 p.m. Director Worthington 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. OTHERS PRESENT: Eileen Murphy 20121" Street Huntington Beach, CA 92648 Jan Vandersloot 2221 E. 16th Street Newport Beach, CA 92667 Greg Jewell 8622 Laramie Circle • Westminster, CA 92683 • • 40 ......W COSTA MESA SANITARY DISTRICT kin ? MINUTES OF BOARD OF DIRECTORS REGULAR MEETING %ro R MARCH 14, 2002 PAGE 2 Don McGee 20701 Beach Huntington Beach, CA 92648 Irwin Haydock 11570 Aquamarine Circle Fountain Valley, CA Allan Beek 2007 Highland Drive Newport Beach, CA 92660 Larry Porter 1501 Westcliff Drive #201 Newport Beach, CA 92660 . ............................... CONSENT CALENDAR . ............................... Mr. Burns distributed an amendment to the Regular Minutes of February 14, 2002, Attorney's Report section. Vice President Ferryman motioned to approve the Consent Calendar as amended. Director Worthington seconded. Motion carried unanimously. REPORTS MINUTE APPROVAL Recycling Committee Meeting, February 12, 2002 Minutes of Regular Meeting, February 14, 2002 Minutes of Special Meeting, February 16, 2002 The Minutes for the Recycling Committee Meeting of February 12, 2002, were approved as distributed. The Minutes for the Regular Meeting of February 14, 2002, were approved as amended. The Minutes for the Special Meeting of February 16, 2002, were approved as distributed. • • • ' Px.ngy a ` � �xrox.r° REFUNDS OCCUPANCY REPORT COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 PAGE No refunds were requested Occupancy Report and The Trash Occupancy Count documented an Payment of increase of 4 units in the occupancy report for solid $172,645.84 to Costa waste collection as of March 1, 2002. Therefore, the Mesa Disposal— total for March is 21,008. Board directed Staff to March 2002 prepare a warrant for $172,645.84 to Costa Mesa Disposal on April 1, 2002, for payment for March trash collection based on the March count of 21,008. SAFETY /LOSS CONTROL The Minutes for the Safety /Loss Control Committee COMMITTEE MINUTES Meeting of February 25, 2002, were approved as distributed. ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial report as of February 28, 2002 Report of Monies on Deposit as of February 28, 2002 The Project Status Report dated March 2002, was accepted as submitted. The Financial Report for February 28, 2002 was accepted as submitted. The Report of Monies on Deposit as of February 28, 2002, was received and filed. Warrant 2002 -9 for Warrant Resolution #CMSD 2002 -9 was approved, March 2002 in the authorizing the President and Secretary to sign the amount of $650,694.23 warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $650,694.23. .......................... END OF CONSENT CALENDAR .......................... 00MIR COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 • PAGE 4 WRITTEN COMMUNICATIONS Mr. Harriers reported there were no written communications. PUBLIC COMMENTS President Schafer invited members of the public to speak. The following people spoke regarding water pollution and the treatment of ocean -bound sewage. Mr. Irwin Haydock, Fountain Valley, spoke to urge the Board to get rid of the waiver. Mr. Jan Vandersloot, Newport Beach, founder and director of the Ocean Outfall Group, provided information about his group and requested the Board set a study session to discuss the Costa Mesa City Council's resolution to oppose the 301(h) waiver. Mr. Vandersloot provided the City Council agenda of November 19, 2001 and urged the District not to apply for the waiver. Mr. Greg Jewell, Executive Committee Member, Huntington Beach Surfrider • Foundation, requested the Board entertain a study session and /or supporting with the City of Costa Mesa City Council resolution in opposition of renewal of the waiver. Eileen Murphy, Huntington Beach, requested the Board oppose the waiver Mr. Don McGee, Huntington Beach, provided statistics and urged the District to oppose the waiver. Mr. Larry Porter, Ocean Outfall Group, provided materials for the Board's review and requested the District oppose the waiver. Mr. Allan Beek, Newport Beach, requested the Board schedule a study session and oppose the waiver. President Schafer thanked the members of the public for attending the meeting and providing the printed information. Mr. Hamers told the members of the public the Board could not discuss the outfall because it was not on the agenda. • CJ • I-1 U 4,,..,, COSTA MESA SANITARY DISTRICT $ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 PAGE 5 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 February 2002. The scavenging statistics for February are as follows: Location Calls for Service Cite /Arrest Area 1 1 0 Area II 1 1 Area III 1 0 Area IV 0 0 TOTAL 3 1 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning January 28, 2001 and ending February 24, 2002. Mr. Shef distributed 35 courtesy flyers during this period. CMSD STRATEGIC PLAN REVIEW OF FIRST YEAR ACTION ITEMS CIRCLE OF SERVICE AWARD FOR NATE READE Ms. Revak reported all Directors received invitations to attend the Circle of Service award for Nate Reade to be held Friday, March 22, 2002, at 11:30. President Schafer, Director Ferryman, and Mr. Hamers will be speaking at the ceremony. DEVELOPMENT OF STRATEGIC PLAN FEBRUARY 16, 2002 WORKSHOP Mr. Hamers reported Staff has been working with the notes from the Workshop and will provide a report in the near future. esinl. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 • PAGE STRATEGIC PLAN DOCUMENT Mr. Hamers reported the document would be presented to the Board upon completion. RECYCLING REPORTS WASTE DIVERSION REPORT - FEBRUARY 2002 Secretary Perry motioned to approve the Waste Diversion Report for February showing a diversion rate of 50.08 percent. Director Ferryman seconded. Motion carried unanimously. Director Ferryman motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of February 2002 in the amount of $125,614.56. Secretary Perry seconded. Motion carried unanimously. • PROFESSIONAL SERVICES AGREEMENT - CORPORATION YARD STRUCTURAL DESIGN Mr. Hamers presented a professional services agreement for the Costa Mesa Sanitary District Corporate Yard Maintenance Facility Hoist Structural Engineering Design Analysis. Mr. Hamers reported the floor must be analyzed for capacity of the hoist and pump. Mr. Fauth contracted the services of JT Associates in Newport Beach. Mr. Fauth reported two changes in the agreement before the Board: • Item one, Paragraph 4, changed to an hourly rate of $135.00 /hour, not to exceed $1350. • Item two, Paragraph 7, the agreement shall terminate on March 28, 2002. The Board requested Mr. Hamers clarify with the City of Costa Mesa that the hoist is owned by the Sanitary District. Secretary Perry motioned to approve the professional services agreement — structural design, with the amendment regarding the District ownership of the • hoist. Director Ferryman seconded. Motion carried unanimously. • • is MN. ...... COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a MARCH 14, 2002 PAGE 7 RECYCLING COMMITTEE — MARCH 12. 2002 — 9:30 A.M. DIRECTOR WORTHINGTON AND DIRECTOR PERRY STANDARDIZED CONTAINER PROGRAM Director Worthington reported a total of 90 percent of the containers have been ordered to date. Delivery of the containers has been made to 80 percent of the residents. Mr. Fauth reported there is a test program scheduled to determine how the proposed tag system will hold up with actual use. An informational brochure will be delivered with the tags to provide instructions and enable the customer to provide feedback regarding the tag. CRT DISPOSAL OPTIONS Director Worthington reported the Committee discussed CRT disposal and the uncertain magnitude of the effects on Costa Mesa. The Committee discussed conducting a poll of residents to determine the number of CRT items in the community. Director Worthington reported the four County HHW centers are currently taking computer monitors and televisions from residents. The Committee discussed the possibility of the District reaching an agreement to act as an agent of the HHW centers to provide collection services and transportation of the CRT items to the HHW facilities. Mr. Hamers reported the District is looking into possible solutions. Mr. Hamers reported the Board will be discussing a grant application at the next Special Meeting. Mr. Hamers reported Staff is also investigating a local disposal option. Mr. Hamers will be receiving a fact sheet and a list containing locations for businesses to utilize for disposal. es, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 • PAGE 8 1 ENGINEER'S REPORTS EMERGENCY WORK Mr. Hamers reported the telemetry system installation has been completed and TRC is performing the four -month compliance check. Secretary Perry motioned to ratify the actions of the manager for emergency work. Director Worthington seconded. Motion carried unanimously. Mr. Hamers reported the WDR is projected for April approval. PROJECT NO. 155 - MASTER PLAN UPDATE • Mr. Hamers reported the Master Plan report has been distributed to the Board and recommended the Board accept the draft report and establish a 60 -day review period. Director Ferryman motioned to accept the draft Master Plan report as presented and establish a 60 -day review period and verification of any required environmental review. Secretary Perry seconded. Motion carried unanimously. PROJECT No. 152 - TELEVISING SEWER LINES UPDATE Mr. Hamers presented Project No. 152, Televising Sewer Lines Update, a project to determine whether a re- televising of the gravity portion of the sewer system is warranted. Secretary Perry motioned to accept the report. Vice President Woodside seconded. Motion carried unanimously. n lJ • n LJ 11 COSTA MESA SANITARY DISTRICT = _ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ro..� MARCH 14, 2002 PAGE 9 2051 -2053 NEWPORT BOULEVARD NEW CMSD EASEMENTS RESOLUTION NO. 2002 -659 — VACATING EXISTING EASEMENT Mr. Hamers recommended the item be continued. Director Ferryman motioned to continue the item. Secretary Perry seconded. Motion carried unanimously. EMERGENCY SERVICES AGREEMENT - PREUSSAG PIPE REHABILITATION Mr. Hamers reported he and Mr. Fauth attended a presentation on a pipe rehabilitation method that is performed without digging and while the line is in service. Mr. Hamers recommends the Board enter into an agreement for emergency services with Preussag Pipe Rehabilitation. Director Ferryman motioned to execute the agreement. Vice President Woodside seconded. Motion carried unanimously. TREASURER'S REPORTS SOLID WASTE FINANCIAL FORECASTING MODEL Mr. Puckett requested a continuance to the April regular meeting on the Solid Waste Financial Forecasting Model report. ATTORNEY'S REPORTS LIABILITY FOR DAMAGE CAUSED BY LATERALS Mr. Burns presented a document to be used by Staff as a guide in defending the District in small claims actions regarding the liability and damages issues related to sewer laterals. Mr. Hamers recommended the Board review the document to be able to answer any related questions from residents. The Board will review the item at a study session. '`e,��4. COSTA MESA SANITARY DISTRICT -• r MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ,gip m MARCH 14, 2002 • PAGE 10 HOME GARDENS SANITARY DISTRICT V. CITY OF CORONA - FINAL OPINION Mr. Burns reported that the Court of Appeal determined to partially publish the Home Gardens Sanitary District v. City of Corona. Mr. Burns distributed a copy of the case with a notation showing the section not certified for publication. LIMITATION ON CONTRACTORS DAMAGES Mr. Burns introduced a case (Amelco Electric v. City of Thousand Oaks) where the Supreme Court ruled that a contractor must prove damages on public works contracts. Mr. Burns related the ruling provided three important items: 1. The abandonment theory is not applicable to public works jobs. 2. Generally, contract damages are limited to those within the contemplation of the parties or those reasonably foreseeable at the • time. (This supports the District language limiting damages in District public works contracts) 3. Only in cases in which damages cannot otherwise be proven might total cost damages be applied and then only if a four -part test is met establishing causation. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING - FEBRUARY 27, 2002 Director Ferryman was unable to attend the meeting on February 27, 2002. Director Ferryman reported the ocean outfall report will be received soon and suggested the Board discuss the item at a study session. Director Ferryman discussed the proposed treatment of the sewage water with bleach. Mr. Hamers suggested the Board meet for a study session to discuss the • waiver after the results of the monitoring are in and the Board can make an informed decision based on the facts. 2. COSTA MESA SANITARY DISTRICT 3 - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ro „m' MARCH 14, 2002 • PAGE 11 MONTHLY BOARD LETTER UPDATE The Monthly Board Letter was provided in the Board packets. SANTA ANA RIVER FLOOD PROTECTION AGENCY APPOINTMENT OF DIRECTOR AS ALTERNATE Director Ferryman reported there was no meeting held. Ms. Revak contacted the Santa Ana River Flood Protection Agency with regard to the necessity for an alternate member and was informed the Agency- did not require the appointment of an alternate. The Board determined they would send an alternate in the event Director Ferryman was unable to attend the meetings. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) President Schafer attended the ISDOC meeting of March 5 and reported Ken Lee and Dana Smith ( LAFCO) were present at the meeting. Items • discussed included: • Better Communications between LAFCO and Special Districts/ • Government Affairs Day - March 11, 2002 • CALAFCO "Clean up Bill” concerns • ISDOC Quarterly Meeting • ISDOC Newsletter begin developed by Trudy Ohlig -Hall LOCAL AGENCY FORMATION COMMISSION ( LAFCO) President Schafer attended the LAFCO meeting on March 13, 2002, and reported the following: • LAFCO will study El Toro and Moulton Niguel Water Districts for the next 9 months to a year to determine whether they could successfully consolidate. • President Schafer attended a budget meeting where she received a handbook for the financial aspects of LAFCO • Tour of Bay area to be held • Workshop • .�,exuy,4 COSTA MESA SANITARY DISTRICT = $ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ,�. MARCH 14, 2002 •� PAGE 12 COSTA MESA AND NEWPORT BEACH ANNEXATION President Schafer reported the Costa Mesa and Newport Beach annexation would be discussed at the next LAFCO meeting. President Schafer will provide report to the Board. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) President Schafer did not attend the March 1, 2002, WACO meeting due her attendance at the Special District Institute Governance Seminar. ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) President Schafer did not attend the OCCOG meeting due to a conflicting schedule. CHAMBER OF COMMERCE LEGISLATION COMMITTEE President Schafer did not attend the Chamber of Commerce Legislation Committee meeting due to a conflicting schedule. • CSDA CSDA GOVERNMENT AFFAIRS DAY - SACRAMENTO - MARCH 11, 2002 (PRESIDENT SCHAFER) President Schafer attended. the CSDA Government Affairs Day and reported the event was very well organized. President Schafer provided a packet of information from the event for the Board's perusal. President Schafer attended a CSDA Board meeting following the Government Affairs Day events where the Board discussed the following: • Statement of responsibilities • Future planning discussion • Public policies • Ralph Heim spoke • Legislative responsibilities • CSDA at crossroads • President Schafer on two committees • Home Gardens Sanitary District • 01*@k! COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14 2002 PAGE 13 SPECIAL DISTRICT INSTITUTE GOVERNANCE SEMINAR - FEBRUARY 27, 2002 - MARCH 2, 2002 - SAN DIEGO (PRESIDENT SCHAFER, DIRECTORS PERRY AND WORTHINGTON AND MS. REVAK, CLERK OF THE DISTRICT) Director Worthington reported the workshop on Making Better Decisions provided helpful advice. Director Worthington enjoyed the leadership course and brought quotes from the course that impressed him: "If there's a problem, you own it. Begin immediately the process to solve it." "Financial statements are counting the dead, there's nothing you can do about it." The Board discussed some of the things they learned from the seminar. Ms. Revak reported useful information was acquired from the workshops on The Brown Act and Conflict of Interest. Mr. Harriers reported that Ms. Revak received a letter from SDI commending her for completing two sections of the program and recommending she attend the third seminar in the series enabling her to • "graduate" from the Institute. President Schafer advised the next seminar would be held in Palm Springs in June 2002 and will focus on Special District finance. OLD BUSINESS There was no old business reported. NEW BUSINESS There was no new business. ORAL COMMUNICATIONS Mr. Harriers advised the Board that Monday's meeting would be a held as a special meeting at 12:00 at City Hall. Ms. Revak inquired if any directors, besides Director Worthington, were interested in attending the SDRMA Education Day on April 4, 2002 in Clovis. • • • I '4,4MV••)� COSTA MESA SANITARY DISTRICT S MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 14, 2002 PAGE 14 Ms. Revak will include the following items on the agenda for the March 18, 2002, Special Meeting: • Director Worthington attendance at the SDRMA Education Day • Set Study Session date for April. ADJOURNMENT At 7:38 p.m., President Schafer adjourned the meeting. SECRETARY 1• 111