Minutes - Board - 2003-06-12C-.,I
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JUNE 12, 2003
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
June 12, 2003, at 4:00 p.m. at the Costa
Mesa Historical Society, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
President Schafer called the meeting to
order at 4:00 p.m.
Director Perry led the pledge.
Vice President Woodside gave the
invocation.
DIRECTORS PRESENT: Arlene Schafer, Art Perry, Greg
Woodside, James Ferryman,
DIRECTORS ABSENT: Director Worthington, absent and
excused
STAFF PRESENT: Robin Hamers, Manager /Engineer; Alan
Burns, Legal Counsel; Tom Fauth,
Assistant Manager; Joan Revak, Clerk of
the District; Marc Puckett, Treasurer;
Bobby Young, Accounting Supervisor
OTHERS PRESENT: None
. ............................... CONSENT CALENDAR . ...............................
Director Ferryman motioned to approve the Consent Calendar as presented.
• Director Perry seconded. Motion carried 4 -0.
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a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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REPORTS
MINUTE APPROVAL
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting, of May 6, 2003, were approved as distributed.
May 6, 2003
Minutes of Regular The Minutes of the Regular Meeting of May 14,
Meeting, 2003, were approved as distributed.
May 14, 2003
Minutes of Special The Minutes of the Special Meeting of May 29,
Meeting, 2003, were approved as distributed.
May 29, 2003
MANAGER'S REPORTS
Refunds There were no refunds requested for the month of
May 2003.
Occupancy Report and The Trash Occupancy Count documented a
Payment of $178,227.23 decrease of 10 units in the occupancy report for
to Costa Mesa Disposal — solid waste collection as of June 1, 2003.
June 2003 Therefore, the total for June is 21,082.
Board directed Staff to prepare a warrant for
$178,227.23 to Costa Mesa Disposal on July 1,
2003, for payment for June trash collection based on
the June count of 21,082.
Monthly Spill Report to The Monthly Spill Report to the Regional Water
Regional Water Quality Quality Control Board (RWQCB) for May 2003 was
Control Board (RWQCB) accepted as submitted.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated June 2003 was
accepted as submitted.
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TREASURER'S REPORTS
Financial Report as of The Financial Report as of May 31, 2003, was
May 31, 2003 accepted as submitted.
Report of Monies on The Report of Monies on Deposit as of May 31,
Deposit as of 2003, was received and filed.
May 31, 2003
Warrant 2003 -12 for May Warrant Resolution #CMSD 2003 -12 was
2003 in the amount of approved, authorizing the President and Secretary
$646,139.38 to sign the warrant and instructing the Treasurer to
draw a warrant from the Costa Mesa Sanitary
District General Fund in the amount of
$646,139.38.
Directors Expenses for the Director Expenses for the Month of May 2003 were
Month of May 2003 ratified as follows:
Director Ferryman: $510.00+ $14.52
Director Perry: $850.00
President Schafer: $1,020.00 + $66.80
Vice President Woodside: $680.00
Director Worthington: $1020.00 + $84.38
.......................... END OF CONSENT CALENDAR .......................•••
WRITTEN COMMUNICATIONS
Mr. Hamers reported receiving a letter from Sherrilynne Dangl, teacher at Kaiser
Elementary School, and her students thanking the Director Worthington for the
presentation to the class on recycling.
PUBLIC COMMENTS
There were no public comments made, no public in attendance.
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JUNE 12, 2003
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MANAGER'S REPORTS
ANTI- SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT
REPORTS
POLICE REPORT
Mr. Hamers presented a memorandum providing the scavenging statistics
for May as follows:
Location Calls for Service Cite /Arrest
Area 1
2
1
Area II
3
1
Area III
2
0
Area IV
0
0
TOTAL
7
2
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Hamers presented the ordinance enforcement summary report for the
five -week period beginning April 21, 2003 and ending May 25, 2003.
Mr. Shefs summary report contained the following information:
• Distribution of approximately 35 courtesy flyers during this period
• Excessive wind hampered graffiti clean up on containers
• Digital photos taken for records
• Continued education regarding District ordinances recommended
CMSD STRATEGIC PLANNING ACTION ITEMS 2003
Mr. Hamers presented the Strategic Planning Action Items list with status
for each item for reference purposes. Mr. Hamers reported Staff is on
schedule making presentations to the Board.
ITEM 1.2 — INSTITUTIONAL ISSUES
FOLLOW UP TO MAY 29, 2003, SPECIAL MEETING
Mr. Hamers reported Staff followed through with direction given to them by
the Board at the May 29, 2003, Special Meeting.
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Mr. Hamers reported the field crews expressed apprehension regarding
the District giving notice to the City. Mr. Hamers provided a synopsis of
the field crews' concerns. Field crews will prepare a written list of issues
that will be brought before the Board. Mr. Hamers will meet with Bill
Morris to discuss the matter further.
Staff provided compensation and classification information for Ms. Revak
to Allan Roeder's office.
Mr. Hamers has not yet received information from the Planning
Department on the Vanguard site.
ITEM 1.5 — REVIEW OF SPECIAL PROGRAMS
Mr. Hamers reported Staff is in the process of preparing a list of special
programs and their financial allocations shown in the budget to provide the
Board with the cost of each special program. Mr. Fauth will also prepare a
benefit analysis of each program.
The report will be distributed at the July meeting.
• RECYCLING REPORTS
WASTE DIVERSION REPORT — MAY 2003
Ms. Revak reported the Waste Diversion Report for May depicted a
diversion rate of 50.08 percent. The Waste Diversion report was received
and filed.
PAYMENT FOR MAY 2003 SERVICES
Director Perry motioned to approve contract payment to CR Transfer for
recycling services and disposal for the month of May 2003, in the amount of
$169,594.04. Director Ferryman seconded. Motion carried 4 -0.
STANDARDIZED CONTAINER PROGRAM
LIFTING BAR REPLACEMENT UPDATE
• Mr. Fauth provided a container replacement summary sheet depicting
Roto's replacement of lifting bars over a 13 -week period.
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Mr. Fauth reported 73 percent of containers have been updated to date.
Containers will continue to be updated. Roto will target the 4th of JUly
holiday in anticipation of more containers being placed on the street and
made available for retrofit.
STRATEGIC PLANNING 2003 — PUBLIC OUTREACH — CLASSROOM RECYCLING
PROJECTS
Mr. Hamers reported he attended a presentation at Rea Elementary
School with Director Worthington and stated Director Worthington
provides a very interesting and informative presentation.
Mr. Hamers reported President Schafer sent a letter to the City of Costa
Mesa outlining the efforts the District has made to educate in a hands -on
program for the students.
Mr. Hamers reported the District would produce a double -sided flyer to
• provide to schools describing Director Worthington's presentation and
giving information on the vermicomposting project.
Mr. Fauth reported the Committee agreed to initiate the program by
purchasing worm bins for demonstration.
Mr. Hamers reported Staff recommends the schools receive the worm bins
and worms from the District at no cost.
Director Perry motioned to approve the purchase of worms and bins for
the vermicomposting program to encourage and teach recycling, not to
exceed $1,000. Director Ferryman seconded. Motion carried 4 -0.
Mr. Burns suggested they add a package of worm castings as part of the
vermicomposting program to show the students the end product.
COSTAMAZING — DISTRICT PARTICIPATION
Ms. Revak reported the District would be hosting a booth at the Park Fun
Run event to be held on February 7th at Fairview Park.
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LARGE ITEM COLLECTION PROGRAM - 2003
Ms. Revak reported the Large Item Collection Program for 2003 begins on
June 23 and will run through the week of August 25, 2003. A press
release was distributed to local newspapers. A door hanger will be placed
at the door of residences two weeks prior to the collection date.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS — (WDR)
GENERAL UPDATE
Mr. Hamers reported Staff is up to date sending the required information
to the State Water Quality Control Board. Mr. Burns and the legal
committee are preparing items for the Steering Committee to review.
Mr. Burns reported he received a packet of information just prior to the
Board meeting and will provide a synopsis report to the Board at the July
• meeting.
TREASURER'S REPORTS
ANALYSIS OF TRASH HAULING EXPENSES
Mr. Puckett reported Mr. Raul Rangel has requested a postponement of 6
months on the analysis of trash hauling expenses. Mr. Puckett will return the
documents he reviewed to Mr. Rangel.
SPECIAL MEETING HELD JUNE 6, 2003
Mr. Puckett provided additional review of the possibility of State acquisition of
money deposited in LAIF, summarizing that it would be very unlikely such an
acquisition would occur. A memo from State Treasurer Phil Angelides states
that funds deposited in LAIF are currently legally safe from acquisition by the
state.
Mr. Puckett discussed any prepayment penalties that might occur if the
District were to pay off the standardized container loan. Mr. Puckett reported
he is going to investigate refinancing the loan to a lower interest rate.
• Mr. Harriers reported Staff is looking into the additional 3,500 tons per year of
solid waste included in the budget projections and will provide additional
information to the Board after further investigation.
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Mr. Hamers reported the cost of delivering trash containers during a change -
in /change -out or during a re -issue is the responsibility of Roto Industries
under the four -year Container Management Program. Mr. Hamers discussed
possible options for recovering the costs of the Container Management
Program now and in the future.
President Schafer requested the discussion of cost of trash container
replacement be brought back to the Board at the July regular meeting.
Mr. Puckett discussed the revised long -range solid waste fund strategic
financial plan and the increase in yearly trash collection tonnage.
Director Ferryman motioned to accept the report. Director Perry seconded.
Motion carried 4 -0.
TREASURER'S REPORTS
RESOLUTION NO. 2003 -671 - 2003 -2004 DISTRICT BUDGET
Mr. Puckett introduced Resolution No. 2003 -671, A RESOLUTION OF THE
• BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
ADOPTING A BUDGET FOR THE FISCAL YEAR 2003 -04.
Director Woodside motioned to adopt Resolution No. 2003 -671. Director
Perry seconded. Motion carried 4 -0.
RESOLUTION NO. 2003 -672 - 2003 -2004 INVESTMENT POLICY
Resolution No. 2003 -672, A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING
THE 2003 -2004 STATEMENT OF INVESTMENT POLICY, AND
AUTHORIZING THE TREASURER TO INVEST AND REINVEST IDLE
MONIES OF THE COSTA MESA SANITARY DISTRICT IN ACCORDANCE
WITH THE 2003 -2004 STATEMENT OF INVESTMENT POLICY, AND
AUTHORIZING THE SAID TREASURER TO DELEGATE TO HIS DEPUTY
THE CARRYING OUT OF ANY SUCH TASK.
Director Ferryman motioned to adopt Resolution No. 2003 -672. Director
Perry seconded. Motion carried 4 -0.
STATE BUDGET
• Mr. Puckett provided highlights of the Governor's May revision to his
proposed 2003 -2004 budget. Mr. Puckett reported there are no impacts on
Special Districts other than Redevelopment agencies included in the
Governor's proposed state budget or his "May revise" of his budget proposal
issued on May 16, 2003.
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ATTORNEY'S REPORTS
LEGAL OPINION - INVERSE CONDEMNATION COSTS
Mr. Burns brought a case to the Board's attention: in Cuna Mutual Life
Insurance Co. v Los Anoeles Countv MetrODOlitan Transportation Authoritv
the Court of Appeal has held that the cost of a party's mitigation measures
that are undertaken because damage is reasonably anticipated as a result of
a public improvement, is recoverable as part of an inverse condemnation
action. Mr. Burns reported he will watch the case and report back to the
Board.
LEGAL OPINION - HEARING PROCEDURE FOR DEBARMENT OF CONTRACTOR
Mr. Burns brought a case to the Board's attention: in Southern California
Underground Contractors Inc. v City of San Diego the Court of Appeal has
issued an important decision on the due process rights involved in public
contract disputes and has upheld the debarment of a contractor by a city for
deceitful and corrupt practices. The opinion instructs on a number of topical
subjects.
• LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING - MAY 28, 2003 (DIRECTOR FERRYMAN)
Director Ferryman attended the May 28, 2003 meeting and reported the
following:
• Reduce sewer rate structure from 20 percent to 15 percent per year
• Shirley McCracken will run for Board President
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOCI
QUARTERLY MEETING - THURSDAY, MAY 29, 2003,11:30 A.M.
President Schafer attended the ISDOC Quarterly Meeting on May 29,
2003 and reported the following:
• Dana Smith reported on Municipal Service Review.
• • President Schafer reported on CSDA and LAFCO
• Discussion on Emergency Operations for Orange County
• Next Quarterly meeting with Supervisor Bill Campbell on Thursday,
July 31.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
.TUNE 12, 2003
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LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
President Schafer attended the June 11, 2003, LAFCO meeting and
reported the following:
• 11 Islands were annexed
• Workshop on Rossmoor /Los Alamitos /Seal Beach
WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO)
President Schafer attended the June 6, 2003, WACO meeting and reported
the following:
• John Withers presented on LAFCO
• President Schafer reported on CSDA
• Ed Royce Sr. reported on MWD /OCWD
• Wes Bannister reported on legislation update
• Chris Norby spoke on Orange County Water Issues from a County
Supervisor's perspective
• Matthew Stone, P.E., Associate General Manager, Municipal Water
• District of Orange County spoke on The Ripple Effect of MWD's new
rate structure in Orange County
ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG)
President Schafer attended the May 22, 2003, OCCOG meeting and reported
the following:
• June 26, 2003, annual meeting 9:00 a.m.
• Growth Projections Update information
• Inter - Regional partnership —report from OCCOG Chair
• Funding for OCCOG
COSTA MESA CHAMBER OF COMMERCE
President Schafer attended the June 3, 2003, Costa Mesa Chamber of
Commerce meeting and reported the following:
• Updates on current issues.
• President Schafer provided report on Sacramento
• • Updates on legislation bills
• Edison rates will be dropping
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CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
President Schafer attended the May 30, 2003 meeting and reported the
following:
• Chapter Roundtable by CSDA. All presidents from ISDOC Chapters
invited.
• Legislation updates
• Trends in liability and worker's compensation coverage
• Education workshops on special district governance academy
• Focus on Chapters
ORANGE COUNTY EMERGENCY MANAGEMENT ORGANIZATION (OCEMO)
President Schafer was not in attendance at the meeting.
OLD BUSINESS
• There was no Old Business to report.
NEW BUSINESS
SDRMA RENEWAL
Board discussed the SDRMA Renewal Invoice for 2003 -2004. SDRMA
informed the District the anticipated increase would be 16 percent. The
actual increase from 2003 -2004 is 19.49 percent. The Board discussed
reducing the limits for G /L, A/L, and E &O to 2.5 million dollars.
$S.OM limits for G /L, A/L and E& O is $48,614.06
$2.5M limits for G /L, A/L and E& O is $44,248.51
Staff will investigate increasing the deductible amount and provide a report at
the July meeting.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Mr. Hamers reported his oldest daughter works in his office for a period of
• time every year. She is considering a career in law and was given some
legal opinions from Mr. Burns and found them quite interesting and
informative.
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Director Ferryman thanked all who attended the very successful Fish Fry.
Director Ferryman inquired as to when would be the correct time to
contact Mr. Nick Arhontes to investigate the grant program with the
Orange County Sanitation District. Mr. Hamers reported the form would
be mailed out soon.
Director Ferryman inquired as to the abandonment of the pump stations.
Mr. Hamers reported the City of Newport Beach delivered aerial
photography of the Banning Ranch area for pipeline alignment studies.
Mr. Hamers reported a cooperative effort with OCSD studying their
Newport trunk sewer project and the City of Newport Beach's need for
dredging the area near the marshland.
President Schafer reported the City will have their 50th celebration on July
10th and requested the regular meeting be changed. The July Board
meeting was changed to Wednesday, July 9th at 5:00 p.m.
ADJOURNMENT
At 5:48 p.m., President Schafer adjourned the meeting.
ECRETARY