Minutes - Board - 2004-02-120
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 12, 2004
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
February 12, 2004, 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.
PLEDGE OF ALLEGIANCE Director Ferryman led the Pledge of Allegiance
INVOCATION Director Woodside gave the invocation.
• ROLL CALL
DIRECTORS PRESENT: Arlene Schafer, Greg Woodside, Art Perry,
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, Treasurer; Bobby Young,
Finance; Ron Shef, District Ordinance
Enforcement Officer; Debbie Bjornson, Permit
Processing Specialist; Denise Gilbert, Permit
Processing Specialist
OTHERS PRESENT: None
. ............................... CONSENT CALENDAR ..............................
Ms. Revak reported an addition to the expense reimbursement report for Directors.
Director Perry attended a meeting on January 28, 2004 at the Orange County Sanitation
• District.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 12, 2004
• �•b` "� PAGE 2
Director Worthington suggested directing Staff to modify the expense report to provide
room to document all the activities each Director participates in on the District's behalf,
not just items where a stipend is received.
Director Ferryman motioned to approve the Consent Calendar as corrected. Director
Woodside seconded. Motion carried 5 -0.
REPORTS
MINUTE APPROVAL
Minutes of Recycling
Committee Meeting,
January 6, 2004
Minutes of Investment
Oversight Committee
Meeting,
January 8, 2004
• Minutes of Regular
Meeting,
January 8, 2004
Minutes of Special
Meeting,
January 15, 2004
MANAGER'S REPORTS
The Minutes of the Recycling Committee Meeting of
January 6, 2004, were approved as distributed.
The Minutes of the Investment Oversight Committee
Meeting of January 8, 2004, were approved as
distributed.
The Minutes of the Regular Meeting of January 8,
2004, were approved as distributed.
The Minutes of the Special Meeting of January 15,
2004, were approved as distributed.
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:
Refund request by Refund to: Mark Michael Severns
Mark Michael Severns Parcel Address: 201 E. 16th Street
of $1,557.02 Assessor's Parcel Number: 425 - 334 -04
Trash Refund: $1,557.02
Number of Units on Parcel: 4
Reason for Request: Owner using private trash service
• Refund for years: 2002/2003, 2003/2004
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• PAGE 3
Occupancy Report and The Revised Trash Occupancy Count documented no
Payment of $181,890.29 increase or decrease for the occupancy report for solid
to Costa Mesa Disposal — waste collection as of February 1, 2004. Therefore, the
February 2004 total for February is 21,077.
Board directed Staff to prepare a warrant for
$181,890.29 to Costa Mesa Disposal on March 1, 2004,
for payment for February trash collection based on the
February count of 21,077.
Monthly Spill Report to The Monthly Spill Report to the Regional Water Quality
Regional Water Quality Control Board (RWQCB) for January 2004 was
Control Board (RWQCB) accepted as submitted.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated February 2004, was
accepted as submitted.
• TREASURER'S REPORTS
Financial Report as of The Financial Report as of January 31, 2004, was
January 31, 2004 accepted as submitted.
Report of Monies on The Report of Monies on Deposit as of January 31,
Deposit as of 2004, was received and filed.
January 31, 2004
Warrant 2004 -08 for Warrant Resolution #CMSD 2004 -08 was approved,
February 2004 in the authorizing the President and Secretary to sign the
amount of $664,376.43 warrant and instructing the Treasurer to draw a warrant
from the Costa Mesa Sanitary District General Fund in
the amount of $664,376.43.
Directors Expenses for the Director Expenses for the Month of January 2004 were
Month of January 2004 ratified as follows:
Director Ferryman: $510.00
Director Perry: $1020.00
President Schafer: $1020.00 + $63.98
• Vice President Woodside: $680.00
Director Worthington: $1020.00 + $135.61
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PAGE 4
.......................... END OF CONSENT CALENDAR .........................
WRITTEN COMMUNICATIONS
Ms. Revak reported Director Worthington and Mr. Fauth received a letter from Mr. Guy
Erskine, Newport-Mesa Unified School District, dated January 16, 2004, thanking them
for the vermicomposting presentation at Rea Elementary School. The package
contained letters individually written by all Nature Center students. A representative
letter was provided to the Board.
PUBLIC COMMENTS
There were no public comments made, 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
January 2004 as follows:
Location Calls for Service Cite /Arrest
Area 1
0
0
Area II
1
0
Area III
3
0
Area IV
0
0
TOTAL
4
0
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Harriers presented the ordinance enforcement summary report for the five -
week period beginning December 22, 2003 and ending January 25, 2004.
Mr. Shefs summary report contained the following information:
25 flyers given to residents and 5 containers oversprayed and ID tagged.
Visited two multifamily dwelling sites — one to ascertain feasibility of CMSD
standardized containers and the other to determine whereabouts of existing
CMSD standardized containers from the complex slated for demolition.
• Letters being generated and sent to residents with two or more courtesy
notices to serve as a final notification prior to issuance of citation.
COSTA MESA SANITARY DISTRICT
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FEBRUARY 12" 2004
• PAGE 5
CMSD STRATEGIC PLAN
YEAR 200412004 ACTION ITEMS
Mr. Hamers presented the 2003/2004 Strategic Planning Action Items.
SEPARATION OF ADMINISTRATIVE STAFF FROM CITY
Mr. Hamers reported a special meeting is scheduled for February 23, 2004 at
6:00 p.m. and confirmed attendance.
Director Woodside motioned to receive and file the Strategic Plan. Director Perry
seconded. Motion carried 5 -0.
RECYCLING REPORTS
WASTE DIVERSION REPORT — JANUARY 2004
The Waste Diversion Report for January showing a diversion rate of 50.11 was
• presented to the Board.
Director Ferryman motioned to receive and file the Waste Diversion Reports for
January. Director Woodside seconded. Motion carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL
PAYMENT FOR .JANUARY 2004 SERVICES
Director Ferryman motioned to approve contract payment to CR Transfer for
recycling services and disposal for the month of January 2004, in the amount of
$163,965.36. Director Woodside seconded. Motion carried 5 -0.
COSTA MESA DISPOSAL REQUEST FOR FULLY - AUTOMATED SERVICE AND PRESENTATION
OF MASTER PLAN
Mr. Hamers reported he received a letter from CR & R proposing fully- automated
service. Mr. Hamers suggested a special meeting to discuss the proposal and
Master Plan.
A special meeting was set for Monday, March 29, 2004 at 6:00 p.m.
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PAGE 6
PURCHASE OF ADDITIONAL STANDARDIZED CONTAINERS
Mr. Fauth discussed the purchase of additional standardized containers. The
existing inventory is nearly depleted and requires replenishment to service the
needs of residents. Mr. Fauth recommended the purchase of 300 90- gallon units
and 300 60- gallon units. The cost will be $31,581.
Discussion was held regarding the future charge to residents for additional
containers. Mr. Fauth reported new developers are being charged for containers.
The Board requested an accounting of fees paid by developers for new containers.
Mr. Harriers recommended that, as part of the Master Plan, the variable rate
structure that will be discussed by Costa Mesa Disposal is one of the steps that
needs to be taken. Director Ferryman suggested discussion regarding residents
upgrading to larger sized containers.
Director Ferryman motioned to approve the purchase of additional standardized
containers, not to exceed $31,581. Director Woodside seconded. Motion carried
• 5 -0.
CITY OF COSTA MESA/CMSD /MCWD LIAISON MEETING
Mr. Harriers reported the liaison meeting with the City of Costa Mesa, Costa
Mesa Sanitary District, and MCWD has been cancelled numerous times recently.
Significant staff time is involved in setting up the meetings. President Schafer
suggested setting the meetings with the understanding that the meeting will be
held, even if some participants cannot attend.
CLOSED SESSION WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54956.8
PROPERTY: 628 W. 19th Street, Costa Mesa, California
AGENCY NEGOTIATORS MAY INCLUDE: Arlene Schafer, Jim Ferryman, Rob
Hamers, Tom Fauth, Alan Burns, Joan Revak, and Mark Puckett
NEGOTIATING PARTIES: Cheong Lee Family LLC
UNDER NEGOTIATION: Price and Terms of Purchase
Mr. Burns suggested the topic be moved to the end of the meeting.
• Director Ferryman motioned to move the closed session to the end of the meeting.
Director Perry seconded. Motion carried 5 -0.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 12, 2004
PAGE 7
STRATEGIC PLANNING 2004 - PUBLIC OUTREACH - CLASSROOM RECYCLING
PROJECTS
Director Worthington reported a presentation at Killybrooke School was
cancelled. Director Worthington hopes to schedule additional presentations for
the year.
COSTAMAZING - DISTRICT PARTICIPATION
Ms. Revak reported the CostaMazing event went very well. Pepper Tree packets
and videotapes were distributed at the event.
Ms. Revak gave some Pepper Tree packets to the Historical Society.
2003 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM
• Director Worthington reported the 2003 School Telephone Book Recycling
Program has ended with another successful collection. A total of 16,155 books
(32.31 tons) were collected. Kline school won for the elementary category,
TeWinkle won for middle school, and Estancia won again for the high school
competition. A total of $10,239 will be distributed to the schools.
There has been a total of 125,000 books, (250 tons) collected since the inception
of the program in 1996 with schools receiving a total of $71,000.
2003 CHRISTMAS TREE RECYCLING PROGRAM
Director Worthington reported the 2003 Christmas Tree Recycling Program
recycled 9,126 trees (118.63 tons). The City of Costa Mesa reimbursement
request totaled $5,913.70.
RECYCLING DRY CELL BATTERIES
Director Worthington reported CR Transfer currently separates batteries from the
trash with their magnetic system. Since a large percentage of batteries are
currently being removed from the waste stream, Costa Mesa Sanitary District will
not pursue a program at this time.
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COSTA MESA SANITARY DISTRICT
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ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS— (WDR)
GENERAL UPDATE
Mr. Hamers provided a brief report on the current status.
Mr. Burns reported the model grease ordinance is nearly ready for distribution.
RECONSTRUCTION OF 19TH STREET SEWER MAIN
DEPOSIT OF A MAXIMUM OF $20,000 TO CITY OF COSTA MESA FOR INCLUSION OF
WORK WITH CITY PROJECT
Mr. Hamers reported the City of Costa Mesa requested and was given a set of
construction plans to lower the sewer line at 1gth Street west of Anaheim Avenue
to avoid interference with a new storm drain line the City is designing on
Anaheim Avenue.
Director Perry motioned to ratify the work done by the District Engineer in
preparation of the construction plans for the City and approve a deposit to the
City of Costa Mesa for inclusion of work with City project, not to exceed $20,000.
Deposit to be held until the City delay has been resolved. Director Ferryman
seconded. Motion carried 5 -0.
PROGRESS REPORT —PROJECT #101 WESTSIDE PUMPING STATION ABANDONMENT
Mr. Hamers provided an update as requested by Director Woodside at the
January 2004 regular meeting. The project goal is to abandon six Westside
Costa Mesa Sanitary District pumping stations. The project was reprioritized by
OCSD due to the bankruptcy and change in management personnel.
Director Ferryman spoke to OCSD Manager, Blake Anderson, and received a
commitment to reconsider the project.
District Staff met with OCSD Staff on two occasions to discuss the improvement.
The current estimate of cost to OCSD is $2 million.
Both OCSD and the Costa Mesa Sanitary District are exchanging sewer plans
• and atlas sheets to further study the College Pump Station. After completion of
their independent work, the two Staffs will meet again to discuss both projects
and come closer to a staff recommendation for each agency.
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Director Woodside motioned to accept the report. Director Perry seconded. Motion
carried 5 -0.
TREASURER'S REPORTS
STATE BUDGET UPDATE
Mr. Puckett provided an update on the State Budget and it's potential impact on the
Costa Mesa Sanitary District. Mr. Puckett provided a number of handouts to the
Board and will provide additional reports as more information is gathered.
ATTORNEY'S REPORTS
433 WALNUT PLACE AGREEMENT — AGREEMENT WITH PROPERTY OWNER
Mr. Burns reported no agreement was reached regarding the indemnification of the
District. Mr. Burns reported it would not be in the District's best interest to agree to
the terms the property owner is requesting.
Director Perry directed Mr. Burns and Mr. Harriers to reconfirm the District's position
regarding the 433 Walnut Place Agreement and to respond as deemed proper for
protection of the District. Director Woodside seconded. Motion carried 5 -0.
RESOLUTION NO. 2004 -679 ORDERING THAT PUBLICATION OF ORDINANCE NO. 44
AMENDING THE DISTRICT'S OPERATIONS CODE WITH RESPECT TO SEWER AND TRASH
CHARGE EXEMPTIONS AND REFUNDS HAS OCCURRED
Mr. Burns introduced Resolution No. 2004 -679, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 44 AMENDING THE DISTRICT'S
OPERATIONS CODE WITH RESPECT TO SEWER AND TRASH CHARGE
EXEMPTIONS AND REFUNDS HAS OCCURRED.
Director Woodside motioned to adopt Resolution No. 2004 -679. Director Ferryman
seconded. Motion carried 5 -0.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
REGULAR MEETING — JANUARY 28, 2004 (DIRECTOR FERRYMAN
Director Ferryman attended the January 28, 2004 meeting and reported the
following:
• Recommendation requested regarding undercharging /overcharging
• Director Ferryman went to Washington D.C. with Jim Silva to ask the
Congressional Delegation to request $10 million for secondary treatment
facilities
• Picture of Costa Mesa town center skyline presented to Congressman
Dana Rohrabacher
SANTA ANA RIVER FLOOD PROTECTION AGENCY
MEETING - JANUARY 22, 2004
Director Perry and Director Ferryman attended the January 22, 2004 Santa Ana
River Flood Protection Agency and reported they discussed funding for the Prado
Dam. Director Ferryman distributed photographs of the completion to date.
Director Ferryman stated the project required $25 million and only $18 million
was received. Additional funds were borrowed from other projects, but there isn't
enough to continue the project for the entire year. Director Ferryman projected
the project has an additional 3 months of funding.
Director Ferryman reported they discussed Prado Dam funding while in
Washington D.C. and stated no one wants to see the project stop.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
President Schafer reported the Executive Board meeting was held on February
3, 2004, and they discussed the following:
• CSDA update
• Legislation in Sacramento involving Special Districts
• General ISDOC meeting will be April 29, 2004
• Ken Lee from LAFCO will make an update presentation on MSR's
011-1wo COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
President Schafer attended the February 11, 2004, LAFCO meeting and reported
they will discuss the following:
• Dana Smith resignation
• Search for new Executive Officer
• Bob Aldrich interim Executive Officer
CHAMBER OF COMMERCE
MEMBERSHIP INVESTMENT FOR 04/01/04 TO 04/01/05 IN THE AMOUNT OF $380
Director Woodside motioned to pay membership fees to the Costa Mesa
Chamber of Commerce in the amount of $380. Director Perry seconded. Motion
carried 5 -0.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
• President Schafer reported her recent involvement with CSDA has occurred via e-
mail. President Schafer provided a list of legislative bills for the Board's perusal. A
conference call is scheduled for Friday, February 13, 2004 for CSDA board
members.
President Schafer reported receiving a thank you letter from Catherine Smith,
Executive Director, California Special Districts Association, for the $250 financial
contribution to assist in offsetting the costs associated with formulating, drafting, and
research efforts for a statewide ballot initiative.
SPECIAL DISTRICT GOVERNANCE ACADEMY
President Schafer introduced the brochure for the upcoming Special District
Governance Academy. Discussion was held regarding attendance.
Director Worthington requested Ms. Revak check which sessions he has
attended to date.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
CONFERENCE - JANUARY 21 -24, 2004 IN PALM SPRINGS ATTENDED BY PRESIDENT
SCHAFER AND DIRECTOR WORTHINGTON
• President Schafer and Director Worthington attended the CASA conference in
Palm Springs, January 21 -24, 2004, at the Hilton Palm Springs Hotel. Director
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PAGE 12
Worthington reported the meeting was very informative and was impressed with
how much information could be gathered from the organization.
MEMBERSHIP IN CASA
Mr. Puckett suggested inquiring as to the term the membership covers and
requesting prorating of dues, if applicable. Ms. Revak will inquire.
Director Woodside motioned to approve membership in California Association of
Sanitation Agencies (CASA) in the amount not to exceed $2,870.77, with memo
written by Staff to inquire about prorating the dues. Director Ferryman seconded.
Motion carried 5 -0.
Director Worthington reported the next meeting will be in May in Squaw Valley
and the final for the year in August in Monterey.
OLD BUSINESS
Mr. Fauth reported on the citation issued to 174 The Masters Circle for resistance to
• comply with Costa Mesa Sanitary District trash collection ordinances. The arraignment
has been postponed to March 4, 2004. Mr. Burns reported a deputy district attorney
has been assigned to the case.
NEW BUSINESS
There was no new business discussed.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
There were no oral communications.
President Schafer convened the meeting to Closed Session at 7:54 p.m.
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FEBRUARY 12, 2004
PAGE 13
CLOSED SESSION
CLOSED SESSION WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54956.8
PROPERTY: 628 W. 19th Street, Costa Mesa, California
AGENCY NEGOTIATORS INCLUDE: Arlene Schafer, Jim Ferryman, Rob Hamers, Tom
Fauth, Alan Burns, Joan Revak, and Mark Puckett
NEGOTIATING PARTIES: Cheong Lee Family LLC
UNDER NEGOTIATION: Price and Terms of Purchase
The meeting reconvened at 9:03 p.m.
The team was given authority to negotiate.
ADJOURNMENT
At 9:05 p.m., President Schafer adjourned the meeting.
SECRETARY.
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PRESIDENT