Minutes - Board - 2003-01-090
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JANUARY 9, 2003
The Board of Directors of the Costa Mesa
CALL TO ORDER Sanitary District met in regular session on
January 9, 2003, 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.
Costa Mesa Girl Scout Association 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: Girl Scouts Troup 1148
Marion Rutledge
Shanice Douglas
Beth Llamas
Jazzmyne Cry
Nassim Kavezade
Lynette Franklin
Jasimine Kavezade
Margaret Rutledge
Carol Hamilton
Paula Llamas
Cara Holmes
Pedro Llamas
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JANUARY 9, 2003
PRESENTATION TO COSTA MESA GIRL SCOUT ASSOCIATION
Director Worthington presented the Costa Mesa Girl Scout Association with a
check for $100.00; a portion of monies received from the sale of a set of 1928
model Ford rims and tires that had been brought to the Used Tire Roundup. The
Costa Mesa Girl Scout Association was chosen as a recipient of the money in
recognition of their efforts in conservation, environmental awareness and
recycling.
Mr. Hamers reported he represented the District at a Girl Scout event at the
Orange County Fairgrounds last year with a booth where the Girl Scouts viewed
the CMSD video. Mr. Hamers reported the Girl Scouts have a fantastic program
and the District is very happy to contribute to their good cause.
The Girl Scout Troup left the meeting.
. ............................... CONSENT CALENDAR . ...............................
• President Schafer requested the Minutes of the Regular Meeting, December 12,
2002, be revised as follows:
ORAL COMMUNICATIONS AND DIRECTORS COMMENTS
President Schafer reported there was a need to add an item to the agenda
regarding Director Ferryman's retirement from the school district board. The
retirement event was later that evening.
Director Perry motioned that the need arose after the agenda was prepared
and there was a need to take immediate action. Vice President Woodside
seconded. Motion carried 4 -0. Director Ferryman did not vote.
Director Perry motioned to approve a proclamation for Director Ferryman to
be presented to Director Ferryman at a meeting later that evening. Vice
President Woodside seconded. Motion carried 4 -0. Director Ferryman did
not vote.
Director Ferryman motioned to approve the Consent Calendar with the
modification to the paragraph regarding approval of a proclamation for Director
Ferryman. Director Perry seconded. Motion carried 5 -0.
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COSTA MESA SANITARY DISTRICT
roam MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JANUARY 9, 2003
PAGE 3
REPORTS
MINUTE APPROVAL
Minutes of Special
Meeting
December 9, 2002
Minutes of Recycling
Committee Meeting,
December 10, 2002
The Minutes of the Special Meeting of December 9,
2002, were approved as distributed.
The Minutes for the Recycling Committee Meeting
of December 10, 2002, were approved as
distributed.
Minutes of Regular The Minutes for the Regular Meeting of December
Meeting, 12, 2002, were revised as noted and approved.
December 12, 2002
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of December
2002
OCCUPANCY REPORT
Occupancy Report and The Trash Occupancy Count documented a
Payment of $177,905.98 decrease of 4 units in the occupancy report for
to Costa Mesa Disposal — solid waste collection as of January 1, 2003.
January 2003 Therefore, the total for January is 21,044.
Board directed Staff to prepare a warrant for
$177,905.98 to Costa Mesa Disposal on February 1,
2003, for payment for January trash collection based
on the January count of 21,044.
Monthly Spill Report to The Monthly Spill Report to the Regional Water
Regional Water Quality Quality Control Board (RWQCB) for December
Control Board (RWQCB) 2002 was accepted as submitted.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JANUARY 9, 2003
PAGE
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated January 2003,
was accepted as submitted.
TREASURER'S REPORTS
Financial report as of The Financial Report for December 31, 2002, was
December 31, 2002 accepted as submitted.
Report of Monies on The Report of Monies on Deposit as of December
Deposit as of December 31, 2002, was received and filed.
31, 2002
Warrant 2003 -7 for Warrant Resolution #CMSD 2003 -7 was approved,
December 2002 in the authorizing the President and Secretary to sign the
amount of $703,871.44 warrant and instructing the Finance Department to
draw a warrant from the Costa Mesa Sanitary
District General Fund in the amount of
$703,871.44.
Directors Expenses for the Director Expenses for the Month of December
Month of December 2002 were ratified as follows:
2002
Director Ferryman: $510.00
Director Perry: $680.00
President Schafer: $1,020.00
Vice President Woodside: $340.00
Director Worthington: $510.00
.......................... END OF CONSENT CALENDAR ..........................
WRITTEN COMMUNICATIONS
Mr. Hamers reported receiving a thank you card from St. Jude's Ranch for
Children, recipient of the recycled cards from the Holiday Card Recycling
Program.
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JANUARY 9, 2003
PAGE 5
PUBLIC COMMENTS
There were no public comments made.
MANAGER'S REPORTS
ANTI- SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT
REPORTS
POLICE REPORT
Mr. Hamers presented a memorandum providing the scavenging statistics
for October as follows:
Location Calls for Service Cite /Arrest
Area 1
0
1
Area II
2
1
Area III
1
2
Area IV
0
0
TOTAL
3
4
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Harriers presented the ordinance enforcement summary report for the
four -week period beginning November 25, 2002 and ending December 22,
2002.
Mr. Shef distributed approximately 45 courtesy flyers during this period.
Director Worthington commented he was disappointed to read of the
resident who displayed anger by throwing his containers over the gate when
the Ordinance Enforcement Officer attempted to talk to him regarding his
containers being in view.
Mr. Shef reported he was in the area a few days later and the containers for
this individual were in the bed of his truck, backed up to the garage area in
an effort to comply with hiding the containers from view.
Mr. Burns reported the District does have recourse should the containers be
damaged. Mr. Shef reported the containers did not appear damaged.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JANUARY 9, 2003
PAGE 6
CMSD STRATEGIC PLAN
YEAR 2002 STRATEGIC PLANNING ACTION ITEMS
Mr. Harriers presented the 2002 Strategic Planning Action Items report
and stated it was as completed as planned and will be filed.
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 finalized the January 3151 interviews with Board Members.
RECYCLING REPORTS
WASTE DIVERSION REPORT - DECEMBER 2002
The Waste Diversion Report for December showing a diversion rate of
50.03 percent was received and filed.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL
FOR DECEMBER 2002
PAYMENT FOR DECEMBER 2002 SERVICES
Director Ferryman motioned to approve contract payment to CR Transfer for
recycling services and disposal for the month of December 2002, in the
amount of $161,372.61, subject to verification of Staff. Director Woodside
seconded. Motion carried 5 -0.
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JANUARY 9, 2003
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RECYCLING COMMITTEE — JANUARY 7, 2003— 9:30 A.M. DIRECTOR WORTHINGTON
AND DIRECTOR WOODSIDE
TELEPHONE BOOK RECYCLING PROGRAM
PROGRAM REPORT
Director Worthington provided a final report on the School Telephone
Book Recycling Program, ending on December 20, 2002, with a total of
16,200 books (32.40 tons) collected. This compares with 14,070 books
(28.14 tons) collected in the 2001 program, an increase of 13.15 %.
Kline School won in the elementary school category, Charles TeWinkle in
the middle school category, and Estancia High School in the high school
category. Awards totaling $10,370 will be distributed to the schools.
Director Worthington suggested changing the award to Kline School due
to the fact that they have a small number of students (70) and brought in
the largest number of books in the elementary category (1,520 books, or
• 86.86 pounds per student).
Director Worthington suggested the program be analyzed for next year
with the percentage of books versus students be taken into consideration
when determining the distribution formula.
Director Perry proposed adding an additional $250 to the Kline School
award.
The subject of an additional award to the Kline School will be placed on
the agenda for the Special Meeting on Monday, December 16, 2002.
TELEPHONE BOOK RECYCLING CONTAINER AT KLINE SCHOOL
Ms. Revak reported on a complaint regarding the telephone book
recycling bin at Kline School on E. 18th Street. The City requested Susan
Kline remove the bin but later recanted the decision when they
acknowledged the bin was a recycling receptacle and not a trash bin.
Ms. Revak further noted the City Council directed its Staff to review and
report on the use of small dumpsters as recycling containers for the
program. The City Staff will be studying whether the bins should be in a
• screened area or enhanced in appearance and prominently displayed, or
exempted from normal trash bin regulations and left as is.
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CHRISTMAS TREE RECYCLING PROGRAM
Director Worthington reported for the second year, the Christmas Tree
Recycling Program consisted of trees being collected from the curb by
Costa Mesa Disposal with the regular trash. Although the process has
changed, the trees are still recycled.
President Schafer requested an update on the final result of green waste.
HOLIDAY CARD RECYCLING PROGRAM
Director Worthington reported the Holiday Card Recycling Program would
continue to the end of January. The cards will be sent to St. Jude's Ranch
for Children.
Mr. Hamers suggested he call the cable TV station and discuss some of
the District's programs and offer to provide an interview with Director
Worthington.
• Director Worthington thanked Staff for the new ad in the Recreation
Review.
ENGINEER'S REPORTS
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 February 2003.
TREASURER'S REPORTS
457(C) DEFERRED COMPENSATION FOR DIRECTOR PAYMENT
Mr. Puckett provided a brief overview of the 457 Deferred Compensation
Program and offered in -depth review with Board members individually. Once
the plan has been adopted, participation in the plan is entirely voluntary.
Mr. Puckett introduced a Resolution Adopting a Deferred Compensation Plan
and Trust/Custodial Document and offered the option for the District to join
the City's program. Director Ferryman motioned to adopt the Resolution, with
• the first option of the District joining the City's current program, and second
option, the District having their own plan. Director Perry seconded. Motion
carried 5 -0.
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Director Worthington thanked Director Ferryman for bringing the 457(c)
Deferred Compensation Program to the Board's attention.
Board members wishing to participate will contact Mr. Puckett.
INVESTMENT OVERSIGHT COMMITTEE MEETING — JANUARY 9, 2003
Mr. Puckett reported the Investment Oversight Committee Meeting was held
prior to the regular Board Meeting and the Minutes would be presented at the
February Regular Board Meeting.
CMSD AUDITED FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2002
Mr. Puckett presented the Audited Financial Report for Fiscal Year Ended
June 30, 2002 provided a brief synopsis of the report, and answered
questions for the Board.
The Board commended Mr. Puckett for the excellent job he is doing for the
District.
• ATTORNEY'S REPORTS
ORDINANCE NO. 40 — CLARIFYING HOW DISTRICT WILL PAY FOR STANDARDIZED
TRASH CONTAINERS FOR NEWLY DEVELOPED PROPERTY
Mr. Burns presented a proposed Ordinance, ORDINANCE NO. 40 —
CLARIFYING HOW DISTRICT WILL PAY FOR STANDARDIZED TRASH
CONTAINERS FOR NEWLY DEVELOPED PROPERTY.
Discussion was held.
Vice President Woodside motioned to approve Ordinance No. 40, Clarifying
How District Will Pay for Standardized Trash Containers for Newly Developed
Property. Director Worthington seconded. Motion carried 5 -0.
ORDINANCE NO. 41 ENACTING GREASE CONTROL REGULATIONS
INTERIM ORDINANCE
Mr. Hamers reported Mr. Burns is part of the legal committee working on
• the model grease control ordinance for the entire County to incorporate.
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Mr. Hamers reported the Interim Ordinance was slated to appear on the
February agenda, but was placed on the January agenda in case there
was an urgent issue or new event for discussion.
Mr. Hamers reported discussions with the City will become clearer within
the next few weeks.
Mr. Hamers suggested the Board consider waiting to adopt an Interim
Ordinance until after talking with the City in February, adding that current
costs are not extremely significant.
Mr. Burns expressed he felt it important to recognize the difference in
interests between the District and the City, and to consider that during the
negotiation process.
Board accepted the report and directed Staff to bring the item back in
February as discussed at the 2002 December Regular Board Meeting.
AUTHORITY TO ENFORCE GREASE CONTROL IN THE ABSENCE OF AN
ORDINANCE
Mr. Burns presented a memorandum discussing what the District's
authority might be in the absence of an ordinance. Mr. Burns strongly
urged the Board to adopt an interim ordinance to establish the necessary
authority.
REVISED AGREEMENT WITH CR TRANSFER
Mr. Burns reported he worked with Mr. Puckett and Mr. Hamers to develop a
draft of the Revised Agreement with CR Transfer, approved in concept at the
December 2002 Regular Board Meeting.
Mr. Puckett reported the key changes were clarifying the CPI language with a
limit on the annual CPI as well as over the term of the agreement.
The revised agreement will be presented to CR Transfer, and a signed
agreement is anticipated.
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LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING — DECEMBER 18, 2002
Director Ferryman attended the December 18, 2002, Orange County
Sanitation District meeting and reported the following:
• Committee approval of 12.5 million dollars in project funding in the
last three years, 4.5 million spent to date
• Director Ferryman to attend Orange County Symposium and
represent OCSD and will provide a report to the CMSD Board
SANTA ANA RIVER FLOOD PROTECTION AGENCY
Director Ferryman reported there was no Santa Ana River Flood
• Protection Agency meeting.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
ANNUAL MEETING — JANUARY 30, 2003 AT MWDOC
BI- ANNUAL ELECTION OF OFFICERS
President Schafer reported the following:
The Annual General Meeting will be held on Thursday, January 30, 2003,
at MWDOC. Speakers will be Phil Anthony, Chairman of the Orange
County Council of Governments, and Chris Norby, newly - elected
Supervisor to the 3rd District. Election of ISDOC officers will be held.
President Schafer will not be voting in the election because she is running
for a position and requested an alternate be appointed.
Director Ferryman reported he would be attending the ISDOC meeting.
Vice President Woodside motioned to appoint Director Ferryman as
designated voting member at the ISDOC meeting of January 30, 2003,
representing the Costa Mesa Sanitary District. Director Perry seconded.
• Motion carried 5 -0.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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Directors Schafer, Ferryman, Worthington, and Perry will be attending the
ISDOC meeting. Vice President Woodside will advise Ms. Revak of his
availability to attend the ISDOC meeting.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
President Schafer will be attending the January 10, 2003 meeting in
Sacramento.
Government Affairs Day in Sacramento will be held March 31 to April 1,
2003. The annual CSDA Conference will be at the Squaw Creek Resort in
Lake Tahoe, September 16 -18. The topic will be rising costs may make
companies leave California.
President Schafer provided materials for the Board's perusal.
2003 MEMBERSHIP DUES OF $2,330.00
Director Ferryman motioned to approve membership dues of $2,330.00 for
CSDA. Director Perry seconded. Motion carried 5 -0.
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LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
COSTA MESA AND NEWPORT BEACH ANNEXATIONS
President Schafer attended the January 8, 2003, meeting and reported the
following:
• President Schafer was elected Chairman of Orange County
LAFCO.
• Supervisor Chuck Smith was elected to Vice Chairman.
• Final Study of Moulton Niguel/El Toro consolidation received and
filed.
• Reconsideration of Emerald Bay Service District Reorganization will
come back to LAFCO Board with all three parties providing reports
(Emerald Bay, Laguna Beach County Water District, and Moulton
Niguel Water District).
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WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO)
President Schafer attended the January 3, 2003 meeting and reported the
following:
• David Cordero, Staff of MWDOC, provided an update on
Sacramento - $35 Million Budget Shortfall Program
• Don Ortega, Vice President External Affairs, Metropolitan Water
District of Southern California, reported on negotiations on the
water problem and the Salton Sea
• Colorado River water
• Gilbert Ivey, Vice President and Board Executive Officer from
Metropolitan Water District of Southern California — Let the
Recreation begin in 2003 — spoke on Diamond Valley Lake and
presented the Master Plan on a regional look and how Diamond
Lake will be split up in parts
ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG)
• President Schafer had no report.
CHAMBER OF COMMERCE
President Schafer attended the January 7, 2003 meeting and reported the
following:
• Federal, State, County, City, Sanitary District, Edison, OCTA, OC
College and State Farm provided reports
• Dates for future meetings were presented
OLD BUSINESS
SPECIAL DISTRICTS INSTITUTE GOVERNANCE SEMINAR & WORKSHOPS FEBRUARY
26 — MARCH 1, 2003 — MONTEREY, CA
Director Worthington will be attending the Special Districts Institute
Governance Seminar and Workshop for the Wednesday program only.
CITY OF COSTA MESA 50 -YEAR ANNIVERSARY
• Staff reported they have not yet completed their research on the
anniversary and had no new information for the Board.
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CSDA GOVERNANCE SERIES WORKSHOPS — RANCHO MIRAGE — JANUARY 16,
2003
Directors Worthington and Schafer, and Ms. Revak will attend the CSDA
Governance Series Workshop on January 16, 2003.
President Schafer reported this workshop would count as an elective
toward a certificate from CSDA.
NEW BUSINESS
SPECIAL DISTRICT RISK MANAGEMENT ASSOCIATION (SDRMA)
REQUEST TO COMBINE SDRMA AND SDWCA
RESOLUTION NO. 2003 -665 — APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A FIFTH AMENDMENT AND RESTATED JOINT POWERS
AGREEMENT
is Mr. Hamers presented the request to combine SDRMA and SDWCA. Staff
had reviewed the information and recommended adoption of the resolution.
Director Ferryman motioned to adopt Resolution No. 2003 -665, A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF A FIFTH AMENDED AND
RESTATED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL
DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA). Vice President
Woodside seconded. Motion carried 5 -0.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Mr. Hamers commended Director Worthington for the presentation to the Girl
Scouts.
Mr. Hamers congratulated President Schafer on her election as Chairman of
LAFCO.
Director Ferryman reported he will be working at a new location and will provide
Board Members with his new contact information.
• Vice President Woodside requested a tour of sewer construction in new
residential areas
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ADJOURNMENT
At 6:55 p.m., President Schafer adjourned the meeting.
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