Minutes - Board - 2002-10-09C�
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
The Board of Directors of the Costa Mesa
CALL TO ORDER Sanitary District met in regular session on
October 9, 2002, at 6:00 p.m. Conference
Room 1 -A at 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; Bobby Young, Finance
OTHERS PRESENT: None
. ............................... CONSENT CALENDAR . ..........................:....
Director Ferryman motioned to approve the Consent Calendar as presented.
Secretary Perry seconded. Motion carried unanimously.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 2
REPORTS
MINUTE APPROVAL
Minutes of Recycling The Minutes for the Recycling Committee Meeting
Committee Meeting, of September 10, 2002, were approved as
September 10, 2002 distributed.
Minutes of Regular The Minutes for the Regular Meeting of September
Meeting, 12, 2002, were approved as distributed.
September 12, 2002
Minutes of Liaison The Minutes for the Liaison Committee Meeting of
Committee Meeting — September 18, 2002, were approved as distributed.
September 18, 2002
Minutes of Special The Minutes for the Special Meeting of October 2,
Meeting — October 2, 2002, were approved as distributed.
2002
0 MANAGER'S REPORTS
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 a signed statement from
the applicants:
Approved Payment Of Refund issued to Keenan & Bariteau
$637.50 for property located at: 3030 D Harbor Boulevard
To Keenan & Bariteau Number of units: 1
Assessor's Parcel No. N/A
Total Refund: $637.50
Refund for overpayment of fixture fees. Paid
fixture fees prior to construction of building. Plans
were put on hold for 1 year. Plans resubmitted with
fewer fixtures.
Approved Payment Of Refund issued to Lisa Breneman
$45.00 for property located at : 179 Rochester Street
To Lisa Breneman Number of units: 1
Assessor's Parcel No. N/A
• Total Refund: $45.00
Owner was going to put in a pool but changed mind
after encountering drainage problems.
OCCUPANCY REPORT
Occupancy Report and The Trash Occupancy Count documented no
Payment of $177,931.34 increase or decrease in the occupancy report for
to Costa Mesa Disposal — solid waste collection as of October 1, 2002.
October 2002 Therefore, the total for October is 21,047.
Board directed Staff to prepare a warrant for
$177,931.34 to Costa Mesa Disposal on November
• 1, 2002, for payment for October trash collection
based on the October count of 21,047.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated October 2002,
was accepted as submitted.
TREASURER'S REPORTS
Financial report as of The Financial Report for September 30, 2002, was
September 30, 2002 accepted as submitted.
Report of Monies on The Report of Monies on Deposit as of September
Deposit as of September 30, 2002, was received and filed.
30, 2002
Warrant 2003 -4 for Warrant Resolution #CMSD 2003 -4 was approved,
September 2002 in the authorizing the President and Secretary to sign the
amount of $425,991.98 warrant and instructing the Finance Department to
• draw a warrant from the Costa Mesa Sanitary
District General Fund in the amount of
$425,991.98.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
PAGE 3
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Approved Payment Of
Refund issued to XRI
$122.50
for property located at : 949 South Coast Drive
To XRI
Suite 100
Number of units: 1
Assessor's Parcel No. N/A
Sewer Fee: 55.00
Fixture Fee: 67.50
Total Refund: $122.50
Landlord didn't sign lease for tenant. Job was
cancelled. Applicant requesting sewer permit fee
be refunded and also fixture fees be refunded.
OCCUPANCY REPORT
Occupancy Report and The Trash Occupancy Count documented no
Payment of $177,931.34 increase or decrease in the occupancy report for
to Costa Mesa Disposal — solid waste collection as of October 1, 2002.
October 2002 Therefore, the total for October is 21,047.
Board directed Staff to prepare a warrant for
$177,931.34 to Costa Mesa Disposal on November
• 1, 2002, for payment for October trash collection
based on the October count of 21,047.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated October 2002,
was accepted as submitted.
TREASURER'S REPORTS
Financial report as of The Financial Report for September 30, 2002, was
September 30, 2002 accepted as submitted.
Report of Monies on The Report of Monies on Deposit as of September
Deposit as of September 30, 2002, was received and filed.
30, 2002
Warrant 2003 -4 for Warrant Resolution #CMSD 2003 -4 was approved,
September 2002 in the authorizing the President and Secretary to sign the
amount of $425,991.98 warrant and instructing the Finance Department to
• draw a warrant from the Costa Mesa Sanitary
District General Fund in the amount of
$425,991.98.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 4
Directors Expenses for the Director Expenses for the Month of September
Month of September 2002 were ratified as follows:
2002
Director Ferryman: $680.00 + 13.30
Secretary Perry: $510.00
President Schafer: $1,020.00 +53.17
Vice President Woodside: $170.00
Director Worthington: $340.00
.......................... END OF CONSENT CALENDAR ..........................
WRITTEN COMMUNICATIONS
Mr. Harriers reported there were no written communications received.
PUBLIC COMMENTS
is There was 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 scavenging statistics
for August as follows:
Location Calls for Service Cite /Arrest
Area 1
3
0
Area 11
0
0
Area III
1
0
Area IV
0
0
TOTAL
4
0
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
PAGE 5
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Hamers presented the ordinance enforcement summary report for the
four -week period beginning August 26, 2002 and ending September 22,
2002.
Mr. Shef distributed approximately 55 courtesy flyers during this period.
Mr. Shef suggested the next newsletter contain an article relative to placing
the container on the curb, not in the street; recycling (placement of
newspapers inside the containers and not separately outside); and keeping
containers out of view on noncollection days.
CMSD STRATEGIC PLAN
YEAR 2002 STRATEGIC PLANNING ACTION ITEMS
Mr. Hamers reported the District is up to date on all items of the Strategic
Plan year 2002. Staff has sent information regarding the 2003 planning to
Mr. Rauch. Staff will meet on October 10, 2002, on final 2002 items.
Director Worthington requested further information regarding item 3.1
Franchising Multi - Family and Commercial Trash Collection Service.
Mr. Hamers provided a synopsis report.
Director Worthington suggeste d
cities do regarding franchising
that the multi -city report is curr
soon as it is completed.
RECYCLING REPORTS
providing the report of what surrounding
of trash collection. Mr. Hamers reported
ently being updated and will present it as
WASTE DIVERSION REPORT - SEPTEMBER 2002
Ms. Revak reported the Waste Diversion Report for September has not
yet been received.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 6
CORRECTED BILLING STATEMENT FOR JULY AND AUGUST 2002 CRT INVOICES
PAYMENT FOR SEPTEMBER 2002 SERVICES
Mr. Fauth reported the CR Transfer invoice was a compilation of eight
invoices, four to correct the rate from 48.00 to 49.06 for July and August for
the differential and two invoices for the month of September, which did not
reflect the correct rate. The final two invoices address the differential for the
month of September. Mr. Fauth has verified that the correct rate has been
entered into the computer at CR Transfer and should be appearing in
November's billing.
Vice President Woodside motioned to approve corrected billing statement for
July and August, 2002. Secretary Perry seconded. Motion carried
unanimously.
Vice President Woodside motioned to approve contract payment to CR Transfer
101 for recycling services and disposal for the month of September 2002, subject to
Staffs verification. Director Ferryman seconded. Motion carried unanimously.
The total for September, and adjustments for July and August, total
$161,974.59.
MONTHLY SPILL REPORT TO REGIONAL WATER QUALITY CONTROL BOARD
R( WQCB)
Mr. Fauth provided a brief report of the Occurrence Report Summary, 2002.
Mr. Fauth reported an occurrence at El Pollo Loco where the grease trap was
blocked due to lack of cleaning. A company was called in by El Pollo Loco to
clean the trap. The company flushed the trap, causing the flow to cross the
driveway and proceed into the alley- behind the unit, onto Bernard Street, and
down into the storm drain. A vacuum truck cleaned the storm drain. Mr.
Fauth reported El Pollo Loco has been very cooperative and that they were
attempting to comply with requirements.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 7
COSTA MESA FALL 2002 RECREATION REVIEW
INVOICE FOR DESIGN AND PRINTING IN THE AMOUNT OF 750.00
Ms. Revak presented an invoice for $750 from the City of Costa Mesa for the
% page advertisement placed inside the front cover of the Costa Mesa Fall
2002 Recreation Review.
Director Worthington motioned to approve payment of $750 for the
advertisement. Secretary Perry seconded. Motion carried unanimously.
CMSD FALL 2002 NEWSLETTER DRAFT
Mr. Hamers provided the draft of the Fall 2002 Newsletter for the Board's
review. Mr. Hamers requested Board members review the newsletter and
bring comments back to Staff. Mr. Hamers requested Board members report
all comments to Ms. Revak by Tuesday, October 15, 2002.
STANDARDIZED CONTAINER MANAGEMENT PROGRAM
• PURCHASING TRASH CONTAINERS
Mr. Hamers reported Staff has been evaluating the standardized container
program and is bringing forth for discussion the effect on the budget of
container purchases for new homes in the District. (A new 150 home
development may necessitate approximately $17,000 in containers.)
Staff proposed the Board consider having the developer of the new homes be
required to fund the cost of new containers as a condition of approval of the
new development, and have Mr. Burns prepare an ordinance for the provision
for review and approval by the Board.
Director Ferryman motioned to direct the attorney to prepare a draft ordinance
for the Board's review. Secretary Perry seconded. Motion carried
unanimously.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
PAGE 8
RECYCLING COMMITTEE - OCTOBER 8, 2002 - 9:30 A.M. DIRECTOR
WORTHINGTON AND PRESIDENT SCHAFER
TELEPHONE BOOK RECYCLING PROGRAM
Director Worthington reported several new items were added to the 2002
Telephone Book Recycling Fundraising Opportunity and Contest. Director
Worthington reported an optional contest has been added to this year's
program. Students will have an opportunity to answer a 15- question quiz,
which will be faxed to the District office for judging. Students will be
encouraged to visit the District's website at costa mesasanitarydistrict.org
as a place to begin searching for answers to the quiz.
Ms. Revak reported that the minimum award was being increased from
$100 to $200, gift certificates for items from Baskin Robbins and 7 /Eleven
will be awarded, as well as gift certificates for CD's for winners of the Quiz,
with purchases to be presented to the Board for approval at a later date.
USED TIRE ROUND -UP - SATURDAY, OCTOBER 12, 2002
• The Used Tire Round -Up will be held on Saturday, October 12, 2002,
10:00 a.m. to 2:00 p.m. at the City Corporation Yard, 2300 Placentia
Avenue, Costa Mesa. There is no limitation on the number of tires per
resident that can be turned in and removal of rims is not required.
Director Worthington reported there would be more publicity this year to
expand the program. The reader board at Estancia high school will
advertise the event. The Orange County Fairgrounds electronic sign will
also advertise the Round Up along with newspaper articles and distributed
flyers.
E -WASTE
Director Worthington reported the governor vetoed a tax of $10 to be
assessed each computer, television, and electronic product sold in the
state.
Director Worthington reported there are computer/TV monitors
accumulating at a rate of 6,000 per day in the State of California.
Director Worthington reported the issue is now a Federal one and
solutions are being discussed.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• ENGINEER'S REPORTS
PROJECT 161 - WATER SERVICES FOR PUMPING STATIONS
ACCEPT IMPROVEMENTS AND FILE NOTICE OF COMPLETION
Mr. Hamers reported improvements were completed on September 9, 2002,
and recommended the following action be taken:
Accept improvements as completed and file a Notice of Completion.
Secretary Perry motioned to accept the improvements as completed and file a
Notice of Completion. Vice President Woodside seconded. Motion carried
unanimously.
AUTHORIZE RETENTION PAYMENT AND EXONERATE BONDS PER RECOMMENDED
SCHEDULE
Mr. Hamers reported improvements were completed on September 9, 2002
and recommended the following action be taken:
• Authorize payment of 5% retention 35 days after Notice of Completion is
recorded. Exonerate Labor & Material Bond after Notice of Completion is
recorded. Exonerate Faithful Performance Bond one year after Notice of
Completion is recorded.
Vice President Woodside motioned to authorize payment of 5% retention 35
days after Notice of Completion is recorded; exonerate Labor & Material Bond
after Notice of Completion is recorded; and exonerate Faithful Performance
Bond one year after Notice of Completion is recorded. Director Ferryman
seconded. Motion carried unanimously.
PROJECT #101 - WESTSIDE PUMPING STATION ABANDONMENT STUDY
Mr. Hamers provided a brief summary of Project #101, Westside Pumping
Station Abandonment Study. Mr. Hamers recommended a Special Meeting
to be held in November or December to discuss the study.
A Special Meeting was set for Wednesday, November 20, 2002, at noon.
1901 NEWPORT BOULEVARD - PLAZA RESIDENTS
• Mr. Hamers reported he was requested to provide a commitment for sewer
service on The Plaza Residences, a high density residential development on
a site already fully developed but with a maximum size commercial building.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 10
Mr. Hamers reported the developer wanted a commitment for sewer services
prior to completing the sewer study and identifying the impacts so he can
proceed with the EIR.
Mr. Hamers notified the developer that he will not provide a commitment for
sewer service until the study has been completed and the impacts properly
addressed and agreed to by the District.
Mr. Hamers suggested the Plaza Residences be discussed at the November
20, 2002 Special Meeting.
TREASURER'S REPORTS
AMENDMENT TO INVESTMENT POLICY - RESOLUTION NO. 2002 -664
Mr. Puckett introduced Resolution No. 2002 -664, A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT,
AMENDING THE ADOPTED 2002 -2003 STATEMENT OF INVESTMENT
POLICY, AND AUTHORIZING THE TREASURER TO INVEST AND REINVEST
IDLE MONIES OF THE COSTA MESA SANITARY DISTRICT IN
• ACCORDANCE WITH THE REVISED 2002 -2003 STATEMENT OF
INVESTMENT POLICY, AND AUTHORIZING THE SAID TREASURER TO
DELEGATE TO HIS DEPUTY THE CARRYING OUT OF ANY SUCH TASKS.
Director Ferryman motioned to adopt Resolution No. 2002 -664. Director
Worthington seconded. Motion carried unanimously.
STANDARDIZED CONTAINERS - CERTIFICATE OF ACCEPTANCE
Mr. Puckett presented the Certificate of Acceptance for the Board's approval.
Mr. Puckett provided a summary report, stating that Roto Industries has been
paid in excess of $2,010,000 for the purchase of the containers. There remains
approximately $13,000 in the trust account with the Fiscal Agent that will be
released to the District upon submission of the signed Certificate of Acceptance.
Director Ferryman motioned to authorize signature of the Certificate of
Acceptance. Vice President Woodside seconded. Motion carried unanimously.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 11
ATTORNEY'S REPORTS
LIAISON COMMITTEE - CMSD /CCM /MCWD
Mr. Burns reported he has been in contact with both the City of Costa Mesa and
the Mesa Consolidated Water District. Mr. Burns spoke with Deputy City
Attorney Linda Nguyen, City of Costa Mesa, and to Mr. Robert Anslow, Attorney
for Mesa Consolidated Water District. Discussions with the City of Costa Mesa
are continuing.
Mr. Burns and Mr. Hamers both recommended the Costa Mesa Sanitary District
fully comply with the Brown Act and treat the Liaison Committee as subject to the
noticing, agenda, and public attendance requirements.
There was no objection by the Board to the Attorney's and Manager's
recommendation of complying with the Brown Act for all Liaison Committee
Meetings.
REIMBURSEMENT FOR SEWER SPILL EMERGENCY RESPONSE
Mr. Burns reported the District has substantial legal authority to allow the District
• to recover costs for grease spills and abatement efforts. Mr. Burns
recommended the District develop an ordinance to spell out the reimbursement
conditions. Mr. Burns suggested the Board could find repeat offenders be
required to install grease interceptors. The Board directed Mr. Burns to prepare
a grease control ordinance that includes the recovery of District's costs.
WDR PARTICIPATION IN GREASE CONTROL STUDY - AGREEMENT WITH OCSD
EXECUTE AGREEMENT AND AUTHORIZE PAYMENT
Mr. Burns reported the Orange County Sanitation District has proposed an
agreement in which various cities and sanitary agencies participate in a grease
control study. The requested contribution for Phase I of the study for each sewer
system owner is $3,000. Mr. Burns will review the agreement and bring back the
final copy for approval.
LETTER OUTLINING SHARED PARTICIPATION WITH CITY OF COSTA MESA
Mr. Burns reported the cost of participation in the OCSD Grease Control Study
will be shared with the City of Costa Mesa, with each paying $1,500. Board
• directed Staff to prepare a letter of invoice.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
PAGE 12
Director Ferryman motioned to execute the agreement with changes per Mr.
Burns, and authorize payment of $3,000 to OCSD for the District's share in the
Grease Control Study, invoicing the City of Costa Mesa for $1,500. Secretary
Perry seconded. Motion carried unanimously.
LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING - SEPTEMBER 25, 2002
Director Ferryman attended the September 25, 2002, Orange County
Sanitation District meeting and reported the following:
• Approved operational agreement with the water district.
• EPA compliance
SANTA ANA RIVER FLOOD PROTECTION AGENCY
• EXECUTIVE COMMITTEE MEETING - SEPTEMBER 26, 2002
Director Ferryman attended the Santa Ana River Flood Protection Agency
meeting and reported the following:
• The Prado Dam reconfiguration project, budgeted at $420,000, is
close to beginning construction.
• A Visitors Center is being constructed.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
President Schafer attended the meeting on October 1, 2002, and reported
the following:
• Discussion on legislation and ISDOC
• President Schafer reported on a quarterly meeting to be held
October 31, 2002. Ann Marie Wallace, Regional Representative
from the League of California Cities will speak on an update on the
Local Coalition, what the climate looks like now and in the future.
• Ralph Heim may schedule for a future meeting
• James "Ski" Wolniewicz from San Diego was elected to Region 6
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PACE 13
LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
COSTA MESA AND NEWPORT BEACH ANNEXATIONS
President Schafer attended the October 9, 2002, meeting and reported the
following:
• El Toro /Moulton Niguel consolidation study on LAFCO agenda —
The consultant was out of the country so it was continued to the
next meeting.
• Update on annexation on agenda
• Next LAFCO meeting November 4, 2002
• Attendance at the October 1, 2002, El Toro Regional Reservoir
Expansion Project Dedication Ceremony
WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO)
President Schafer attended the October 4, 2002 meeting and reported the
following:
• Proposition 50 — A Closer Look At The California Water Bond, by
Joe Grindstaff, Executive Director, Santa Ana Watershed Project
Authority
• U.S. Bureau of Reclamation, 100 years of Water Management, by
Bill Steele, Area Manager, U.S. Bureau of Reclamation, Southern
California Office.
• 1.6 million dollars of improvements in pipes for Arizona being set
• Notes provided for the Board's perusal
ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG)
President Schafer did not attend the OCCOG meeting because she was at
the CSDA Annual Meeting in San Diego.
Director Ferryman attended the meeting and reported there was no
quorum.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
• PAGE 14
CHAMBER OF COMMERCE LEGISLATION COMMITTEE
President Schafer attended the September 18, 2002, Chamber of
Commerce meeting and reported the following:
• Last Legislative meeting of the year due to election session
• Mixer will take the place of October meeting
CSDA —Annual Convention September 24 -26
President Schafer attended the September 24 -26, 2002, meeting and
reported the following:
• CSDA Annual Conference — President Schafer was the facilitator
• President Schafer played the part of an attorney at a mock meeting
session on the Brown Act
• "Ski" Wolniewicz from San Diego was elected to Region 6
• Region 5 in run -off
• President Schafer requested the November CMSD meeting date be
• changed so she can attend the November 13 -14 meeting in Squaw
Creek
• President Schafer is under consideration for the position of the next
President of ISDOC
OLD BUSINESS
Election 2002 — November 5, 2002
Ms. Revak reported she checked with the Office of the Registrar of Voters
to find out the date of August 10, 2002 on the List of Candidates was
simply the date staff verified the candidate's eligibility to run for office and
had nothing to do with the last official date to file.
NEW BUSINESS
None.
ORAL COMMUNICATIONS
Director Worthington requested to make a visit to the landfill operation.
Mr. Hamers will make the arrangements for a tour for interested staff and Board
• Members.
Ms. Revak will arrange for delivery of the payroll checks for Board Members.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 9, 2002
PAGE 15
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The November Regular CMSD Meeting will be held on Monday, November 18,
2002, at noon.
The November Recycling Meeting will be November 8, 2002.
ADJOURNMENT
At 7:35 p.m., President Schafer adjourned the meeting.
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bECRETAI2Y PRESIDENT
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