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Minutes - Board - 2002-12-120 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on December 12, 2002, at 5:00 p.m. Conference Room 1 -A at the Civic Center, 77 Fair Drive, Costa Mesa. President Schafer called the meeting to order at 5:00 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; Bobby Young, Finance, Ron Shef, District Ordinance Enforcement Officer OTHERS PRESENT: None • COSTA MESA SANITARY DISTRICT < MINUTES OF BOARD OF DIRECTORS REGULAR MEETING -p nee DECEMBER 12, 2002 • PAGE 2 ELECTION OF OFFICERS ELECTION OF DISTRICT OFFICERS President Schafer opened nominations for Board President. Director Woodside nominated Director Schafer for the position of President of the Board. Director Schafer seconded. Director Worthington nominated himself for the position of President of the Board. Motion died for lack of a second. President Schafer closed nominations for Board President. Motion for Director Schafer for President as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman. No: Director Worthington. • Motion carried 4 -1. President Schafer opened nominations for the position of Vice President. President Schafer nominated Director Woodside for the position of Vice President. Director Perry seconded. President Schafer closed nominations for Vice President. Motion for Director Woodside for Vice President as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington. No: None, Motion carried 5 -0. President Schafer opened nominations for the position of Secretary. Director Perry nominated Director Worthington. Director Ferryman seconded. Director Worthington declined nomination. • Director Perry nominated Director Ferryman for the position of Secretary. Director Woodside seconded. .... „.� COSTA MESA SANITARY DISTRICT s - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING • ro DECEMBER 12, 2002 PAGE 3 Director Ferryman nominated Director Perry for the position of Secretary. Motion died for lack of second. Motion for Director Ferryman for Secretary as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington. No: None Motion carried 5 -0. APPOINTMENT OF ORANGE COUNTY SANITATION DISTRICT REPRESENTATIVE (DIRECTOR FERRYMAN Director Perry nominated Director Ferryman to the position of Costa Mesa Sanitary District representative to the Orange County Sanitation District. Director Woodside seconded. Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington • No: None Motion carried 5 -0. APPOINTMENT OF INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY REPRESENTATIVE (DIRECTOR SCHAFER) Director Worthington nominated Director Schafer as Costa Mesa Sanitary District representative to Independent Special Districts of Orange County. Director Woodside seconded. Motion for Director Schafer for representative to Independent Special Districts of Orange County as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington No: None Motion carried 5 -0. APPOINTMENT OF SANTA ANA RIVER FLOOD CONTROL AGENCY REPRESENTATIVE (DIRECTOR FERRYMAN • Director Schafer nominated Director Perry as Costa Mesa Sanitary District representative to the Santa Ana River Flood Control Agency, with Director Ferryman as alternate. Director Ferryman seconded. eeke COSTA ME SA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 PAGE 4 Motion for Director Perry as representative to the Santa Ana River Flood Control Agency and Director Ferryman as alternate as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington. No: None Motion carried 5 -0. APPOINTMENT OF COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE CHAIRMAN (DIRECTOR WORTHINGTON) Director Perry nominated Director Worthington to continue as Costa Mesa Sanitary District Recycling Committee Chairman. Director Ferryman seconded. Motion for Director Worthington for Costa Mesa Sanitary District Recycling Committee Chairman as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington. • No: None Motion carried 5 -0. APPOINTMENT OF CSDA REPRESENTATIVE (DIRECTOR SCHAFER) Director Woodside nominated Director Schafer as the Costa Mesa Sanitary District representative to CSDA. Director Perry seconded. Motion for Director Schafer as the Costa Mesa Sanitary District representative to CSDA as follows: Ayes: Directors Perry, Schafer, Woodside, Ferryman, Worthington. No: None Motion carried 5 -0. ATTENDANCE AT CITY COUNCIL, MCWD, OCCOG, WACO, AND CHAMBER MEETINGS The Board made no changes to the current Director attendance at the City Council, OCCOG, WACO, and Chamber Meetings, and added Mesa • Consolidated Water District (MCWD) meetings to the list to be attended on a rotating basis by all Directors. ..�u„ COSTA MESA SANITARY DISTRICT tC MINUTES OF BOARD OF DIRECTORS REGULAR MEETING b.. A • DECEMBER 12, 2002 PAGE S . ............................... CONSENT CALENDAR . ............................... Director Ferryman motioned to approve the Consent Calendar as presented. Vice President Woodside seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting, November 13, 2002 Minutes of the Investment Oversight Committee Meeting, November 18, 2002 • Minutes of Regular Meeting, November 18, 2002 Minutes of Special Meeting, November 20, 2002 MANAGER'S REPORTS REFUNDS OCCUPANCY REPORT The Minutes for the Recycling Committee Meeting of November 13, 2002, were approved as distributed. The Minutes the Investment Oversight Committee Meeting of November 18, 2002, were approved as distributed. The Minutes for the Regular Meeting of November 18, 2002, were approved as distributed. The Minutes of the Special Meeting of November 20, 2002, were approved as distributed. There were no refunds for the month of November 2002 Occupancy Report and The Trash Occupancy Count documented an Payment of $177,939.79 increase of one unit and a decrease of 2 units in to Costa Mesa Disposal — the occupancy report for solid waste collection as December 2002 of December 1, 2002. Therefore, the total for December is 21,048. • Board directed Staff to prepare a warrant for $177,939.79 to Costa Mesa Disposal on January 1, 2003, for payment for December trash collection based on the December count of 21,048. 061111 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 • PAGE 6 Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCD) for November Control Board (RWQCD) 2002 was accepted as submitted. ENGINEER'S REPORTS Project Status Report Safety /Loss Control Meeting Minutes, November 14, 2002 TREASURER'S REPORTS Financial report as of November 30, 2002 Report of Monies on Deposit as of November . 30, 2002 Warrant 2003 -6 for November 2002 in the amount of $370,958.60 The Project Status Report dated December 2002, was accepted as submitted. The Minutes for the Safety /Loss Control Meeting of November 14, 2002, were accepted as submitted. The Financial Report for November 30, 2002, was accepted as submitted. The Report of Monies on Deposit as of November 30, 2002, was received and filed. Warrant Resolution #CMSD 2003 -6 was approved, authorizing the President and Secretary to sign the warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $370,958.60. Directors Expenses for the Director Expenses for the Month of October 2002 Month of October were ratified as follows: 2002 Director Ferryman: $425.00 Director Perry: $510.00 President Schafer: $1,020.00 Vice President Woodside: $340.00 Director Worthington: $850.00 .......................... END OF CONSENT CALENDAR .......................... WRITTEN COMMUNICATIONS • Mr. Hamers reported there were no written communications received. • 0 ��" y4 � IR-Z PUBLIC COMMENTS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 PAGE 7 There were no public comments made. MANAGER'S REPORTS ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS Mr. Harriers presented a memorandum to the Board dated December 3, 2002, regarding the screening of trash containers. Staff has received an increase in requests by residents for more enforcement of the District's requirement that containers be removed from view by the evening of pick up. A follow up of the requests has verified the comments are justified. Staff requested Mr. Shef step up enforcement to respond to the requests from residents. The Ordinance Enforcement Officer has maintained a comprehensive courtesy reminder program in an attempt to achieve compliance through courtesy reminders and verbal encouragement. Because there are some residents who will not comply, Staff suggests the following operating policy: First offense: Courtesy reminder notice, marked first offense Second offense: Courtesy reminder notice, marked second offense, plus verbal explanation if resident is available Third offense: Issue citation There may be cases where a letter to the property owner may assist in achieving compliance. This will be considered on a case -by -case basis. Director Ferryman motioned to approve the operating policy as presented in the memorandum. Director Perry seconded. Motion carried 5 -0. POLICE REPORT Mr. Hamers presented a memorandum providing the scavenging statistics for October as follows: Locatinn Calls for Service Cite /Arrest Area 1 0 1 Area II 0 1 Area III 0 0 Area IV 0 0 TOTAL 0 2 eon COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 • PAGE 8 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning October 28, 2002 and ending November 24, 2002. Mr. Shef distributed approximately 25 courtesy flyers during this period. Mr. Shef has begun stepping up enforcement, as requested, due to resident's complaints regarding standardized containers being left out after trash pick up. CMSD STRATEGIC PLAN YEAR 2002 STRATEGIC PLANNING ACTION ITEMS Mr. Hamers presented the nearly completed Strategic Planning Action Items report and stated it will be brought back in January 2003 and will reflect completion of all items. SEWER 5 -YEAR FINANCIAL PLAN is Mr. Hamers presented the 5 -year Sewer Plan back as a final document for the Board's approval. Mr. Puckett and Staff reviewed the document. Discussion was held regarding the source of sewer income. Director Perry motioned to approve the Sewer 5 -Year Financial Plan. Vice President Woodside seconded. Motion carried 5 -0. Strategic Planning Special Meeting — January 13, 2003 Ms. Revak reported the Special Meeting has been set for Monday, January 13, 2003, at noon. STRATEGIC PLANNING WORKSHOP - JANUARY 31, 2003 AND FEBRUARY 1, 2003. Ms. Revak will contact Board members to schedule individual appointments for the January 31St meetings. RECYCLING REPORTS • WASTE DIVERSION REPORT - NOVEMBER 2002 Director Perry motioned to approve the Waste Diversion Report for November showing a diversion rate of 50.08 percent. Vice President Woodside seconded. Motion carried 5 -0. • CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL FOR NOVEMBER 2002 PAYMENT FOR NOVEMBER 2002 SERVICES Director Perry motioned to, approve contract payment to CR Transfer for recycling services and disposal for the month of November 2002, in the amount of $150,231.03. Director Ferryman seconded. Motion carried 5 -0. STANDARDIZED CONTAINER MANAGEMENT PROGRAM PURCHASING TRASH CONTAINERS Mr. Hamers reported a Special Meeting was held on December 9, 2002, where the Board directed Staff with appropriate follow -up actions. UPDATE CMSD EDUCATIONAL VIDEO Mr. Fauth reported Staffs supply of videotapes and CD Roms is running low and suggested the Board order 350 CD Roms and 250 videotapes from Monitor Video Production Service. . Mr. Hamers suggested the Board review the videotape and determine whether any changes should be made. Director Worthington suggested having Monitor Video Production Service place their name at the end of the videotape to enable other interested parties to contact them. The Board determined the current videotape is sufficient with two changes: Revising the Director listing to reflect the new officers and adding Monitor Video to the credits. Director Perry motioned to purchase 350 CD Rom and 250 videotape copies from Monitor Video Production Service with the two minor changes of revising the CMSD Director listing and adding Monitor Video to the credits. Vice President Woodside seconded. Motion carried 5 -0. NEWSLETTER COSTS Ms. Revak provided a report for the cost of mailing the Fall 2002 CMSD Newsletter, which was dedicated to sewers and distributed to all CMSD sewer customers. The final mailing cost was $9,158.71. The report also provided the cost of the Spring 2002 Newsletter dedicated to trash • collection at $6,094.26 Director Ferryman motioned to accept the report. Vice President Woodside seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING •b DECEMBER 12, 2002 PAGE 10 RECYCLING COMMITTEE — DECEMBER 10. 2002 — 9:30 A.M. DIRECTOR WORTHINGTON AND DIRECTOR FERRYMAN TELEPHONE BOOK RECYCLING PROGRAM PROGRAM REPORT Director Worthington provided a progress report on the School Telephone Book Recycling Program as of December 5, 2002. The total number of books collected to date is 7,835. Kline School is leading in the elementary school category, Charles TeWinkle in the middle school category, and Estancia High School is in first place in the high school category. TELEPHONE BOOK RECYCLING CONTAINER AT KLINE SCHOOL Director Worthington reported Kline School was requested to remove the recycling bin placed at their school, prompted by a neighbor's complaint. Director Worthington reported the situation has been resolved when the • Costa Mesa City Council recognized the bin as a recycling receptacle rather than a trash bin. USED TIRE ROUND -UP — FOLLOW -UP Director Worthington reported the 1928 model Ford rims and tires collected during the Used Tire Round -up were sold to Vintage Ford Parts, Inc. for $200. The $200 will be equally divided between the Boy Scouts and the Girl Scouts. Both organizations are involved in recycling and conservation. Mr. Harriers suggested writing a letter for Director Worthington to deliver to the Boy Scouts and Girl Scouts to be delivered with the donation. Director Worthington suggested contacting newspapers and Channel 3 to discuss the donation. Director Ferryman motioned to donate $100 to the Boy Scouts and $100 to the Girl Scouts organizations, proceeds from the sale of the 1928 Ford tires and rims. Director Perry seconded. Motion carried 5 -0. Ms. Revak will contact the Boy Scouts and Girl Scouts to schedule the • presentations. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 PAGE 11 CHRISTMAS TREE RECYCLING PROGRAM Director Worthington reported the Christmas Tree Recycling Program would be in effect December 26, 2002 to January 4, 2003. Mr. Shef distributed flyers to Christmas tree lots. Residents will be placing Christmas trees at the curb as usual, but the trees will be collected with the regular trash instead of a special collection as in previous years. The trees will be separated at CR Transfer, shipped and used as ground cover. ENGINEER'S REPORTS PROJECT #165 - REHABILITATE CANYON PUMPING STATION FORCE MAIN RESULTS OF BID OPENING - DECEMBER 2, 2002 Mr. Hamers reported Staff received no bids for Project #165, Rehabilitate Canyon Pumping Station Force Main. Mr. Hamers contacted four companies who have the ability to perform the rehabilitation using a no -dig • method. Based on discussions with these companies, Mr. Hamers believes they will bid if the project is re -bid. Director Perry motioned to re -bid Project #165 — Rehabilitate Canyon Pumping Station Force Main. Vice President Woodside seconded. Motion carried 5 -0. ANNEXATION NO. 252 - HOME RANCH, MAKING APPLICATION TO LAFCO Mr. Hamers reported the item is not ready for adoption and is anticipated to be ready in January 2003. TREASURER'S REPORTS DEFERRED COMPENSATION FOR DIRECTOR PAYMENT At the direction of Director Ferryman, Mr. Puckett provided information regarding the possibility of creating a 457(c) deferred compensation program for Board member participation. Director Perry motioned to direct Mr. Puckett to pursue establishment of a • 457 deferred compensation plan. Director Ferryman seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT s $ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING • ,pro DECEMBER 12, 2002 PAGE 12 Mr. Shef arrived at 6:00 p.m. ATTORNEY'S REPORTS ORDINANCE NO. 40 — ENACTING GREASE CONTROL REGULATIONS Mr. Hamers reported he, Mr. Fauth and Ms. Revak met with executive level City Staff and provided information regarding grease control regulations. The City requested 60 to 90 days to review the interim CMSD Ordinance but preferred no Ordinance at all. Mr. Hamers suggested the District not approve the interim ordinance, but direct Mr. Burns and Staff to work with the City in developing the permanent ordinance for both the District and the City that is required under the Waste Discharge Requirements (WDR). Mr. Hamers suggested the Board adopt a separate ordinance or policy to allow the District to back charge grease - producing establishments for sending out the emergency response team. Mr. Burns will research this suggestion. • Director Ferryman motioned to table the grease control regulations ordinance until February 2003 and direct Mr. Hamers to write a letter to the City to let them know the Board suspended the grease ordinance adoption until February to allow the City time to show progress toward the permanent ordinance. Vice President Woodside seconded. Motion carried 5 -0. AMENDMENT TO AGREEMENT WITH CR TRANSFER Mr. Puckett discussed amendments to the agreement with CR Transfer. Director Ferryman motioned to approve the revised agreement with CR Transfer, changes as provided by Mr. Puckett, subject to final language as prepared by Mr. Burns. The revision extends the yearly CPI increase mechanism as the May to May CPI increase, not to exceed 3 %, for six years until 2008, with a total cap of 16 %. Other clean -up language is also part of the revision. Director Worthington seconded. Motion carried 5 -0. • OWN COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 PAGE 13 LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING - NOVEMBER 20, 2002 Director Ferryman attended the November 20, 2002, Orange County Sanitation District meeting and reported the following: • Director Ferryman discussed abandonment of West side Costa Mesa CMSD pump stations with Blake Anderson • Director Ferryman asked to negotiate with SAW PA SANTA ANA RIVER FLOOD PROTECTION AGENCY Director Ferryman attended the Santa Ana River Flood Protection Agency meeting and reported the following: • Financing and writing of contracts for additional work • State's portion of subvention fund under consideration INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer attended the meeting on December 3, 2002, and reported the following: • January 30th Quarterly Meeting • Election at Quarterly Meeting of ISDOC Officers • President Schafer provided update on LAFCO and CSDA • New revised ISDOC Directory will be coming out • Phil Anthony, OCCOG, will speak at the January Quarterly Meeting and Supervisor Norby E �,,.,,,,� COSTA MESA SANITARY DISTRICT 9 - , - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING • ro' DECEMBER 12, 2002 PAGE 14 LOCAL AGENCY FORMATION COMMISSION ( LAFCO) COSTA MESA AND NEWPORT BEACH ANNEXATIONS President Schafer attended the December 11, 2002, meeting and reported the following: • Center City annexation to the City of Yorba Linda — approximately 362 acres of incorporated territory to the City of Yorba Linda • O.C. Leadership Symposium, January 26, 2003, UCLA Conference Center at Lake Arrowhead • Strategic Planning Session for LAFCO on Friday, January 31St — Laguna Hills Community Center • Debriefing from CALAFCO Conference November in Santa Barbara • Closed session on litigation WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) • President Schafer attended the Friday, December 6, meeting and reported the following: • President Schafer gave a report on LAFCO and CSDA • Groundwater Pumping update by General Manager, OCWD, Virginia Grebbien. They are two- thirds through long -term strategic planning process. Begun refilling the groundwater basin (10 year period) • Program State Water Policy "What's on Tap for 2003 ?" with guest speaker Lynn Daucher, member of the Assembly Water, Parks, Wildlife Committee. ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG) President Schafer attended the November 21, 2002 OCCOG meeting and reported they did not have a quorum. There will be a meeting on December 16, 2002. CSDA President Schafer attended the November 14th CSDA meeting at Squaw Creek, in Tahoe and reported the following: • • Annual Planning Session and Board of Directors meeting • CSDA will be having their annual Fall conference in Tahoe. 0'40#� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 12, 2002 PAGE 15 • President Schafer appointed to three committees on CSDA. Legislation, Education, and Special Task Force Volunteers Committee • Top priority — Local Coalition to protect local government revenues • Made an $80,000 commitment, Special Task Force to help Special Districts in 2003 • Discussed Governance Academy — "What Special Districts Need to Know" • Discussed roles as Directors and the importance of being involved and prepared OLD BUSINESS Special Districts Institute Governance Seminar & Workshops February 26 — March 1, 2003 — Monterey. CA Director Perry motioned to approve attendance at the Special Districts Institute Governance Seminar & Workshops, February 26 — March 1, • 2003, in Monterey, California for Directors Worthington and Perry. Vice President Woodside seconded. Motion carried 5 -0. NEW BUSINESS City of Costa Mesa 50 -Year Anniversary The Board directed Staff inquire on details and formulate a plan for the District's participation. CSDA Governance Series Workshops — January 16, 2003 and January 31, 2003 Director Perry motioned to approve attendance for Directors Worthington, Schafer, and Ms. Revak at the CSDA Governance Series Workshops — January 16, 2003. Vice President Woodside seconded. Motion carried 5- 0. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Ferryman suggested sending a letter to newly - elected officials. • President Schafer reported she has already sent the letters. • 0 • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING -g DECEMBER 12, 2002 PAGE 16 Mr. Shef apologized for not being in attendance during the discussion of his report and offered to answer any questions. President Schafer reported there was a need to add an item to the agenda regarding Director Ferryman's retirement from the school district board. Director Perry motioned that the need arose after the agenda was prepared and there was a need to take immediate action because the school district meeting starts immediately following the CMSD meeting. Vice President Woodside seconded. Motion carried 4 -0. Director Ferryman did not vote. Director Perry motioned to approve a proclamation for Director Ferryman. Vice President Woodside seconded. Motion carried 4 -0. Director Ferryman did not vote. ADJOURNMENT At 6:55 p.m., President Schafer adjourned the meeting. SECRETARY ' y'