Minutes - Board - 2005-05-12 (3)r
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 129 2005
The Board of Directors of the Costa Mesa
CALL TO ORDER Sanitary District met in regular session on
May 12, 2005, at 6:00 p.m. at 628 W. 19th
Street, Costa Mesa.
President Ferryman called the meeting to
order at 6:00 p.m.
PLEDGE OF ALLEGIANCE Director Perry led the Pledge of
Allegiance
INVOCATION Director Woodside gave the invocation.
ROLL CALL DIRECTORS PRESENT: James Ferryman, Greg Woodside, Art
Perry, Arlene Schafer, Dan Worthington
DIRECTORS ABSENT: None
STAFF PRESENT: Robin B. Hamers, Manager /District
Engineer; Alan Burns, Legal Counsel;
Tom Fauth, Assistant Manager; Joan
Revak, Board Secretary/Program
Manager /Clerk of the District; Wendy
Davis, Treasurer; Denise Gilbert, Permit
Processing Specialist; Debbie Bjornson,
Permit Processing Specialist; Ron Shef,
District Ordinance Enforcement Officer
OTHERS PRESENT: Mike Eadie, Rutter Development, 18012
Cowan, #200, Irvine, CA 92614
Jay Rutter, Rutter Development, 18012
Cowan, #200, Irvine, CA 92614
Gina Kevilian, 2414 Niagara Way, Costa
Mesa
n
�J
COSTA MESA SANITARY DISTRICT
v MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 2
. ............................... CONSENT CALENDAR . ...............................
Director Schafer motioned to approve the Consent Calendar as presented.
Director Woodside seconded. Motion carried 5 -0.
REPORTS
MINUTE APPROVAL
Minutes of Recycling
Committee Meeting,
April 11, 2005
Minutes of Regular
Meeting,
April 14, 2005
MANAGER'S REPORTS
Refunds
The Minutes of the Recycling Committee Meeting
of April 11, 2005, were approved as distributed.
The Minutes of the Regular Meeting of April 14,
2005, were approved as distributed.
There were no refunds requested for the month of
April 2005.
Occupancy Report and The Trash Occupancy Count documented an
Payment of $188,875.98 increase of 1 unit for the occupancy report for solid
to Costa Mesa Disposal — waste collection as of May 1, 2005. 'The ref ore,
May 2005 the total for May is 21,249.
Board directed Staff to prepare a warrant for
$188,875.98 to Costa Mesa Disposal on June 1,
2005, for payment for May trash collection based on
the May count of 21,249.
Monthly Spill Report to The Monthly Spill Report to the Regional Water
Regional Water Quality Quality Control Board (RWQCB) for April 2005 was
Control Board (RWQCB) accepted as submitted.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated May 2005 was
accepted as submitted.
•
0
•
0
r�
•
COSTA MESA SANITARY DISTRICT
u ti, MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 3
Safety /Loss Control The Minutes of the Safety /Loss Control Meeting of
Meeting Minutes April 19, 2005, were approved as distributed.
April 19, 2005
TREASURER'S REPORTS
Financial Report as of The Financial Report as of March 31, 2005 was
March 31, 2005 accepted as submitted.
Treasurer's Reports as of The Treasurer's Reports as of April 30, 2005 was
April 30, 2005 received and filed.
Warrant 2005 -11 for May Warrant. Resolution #CMSD 2005 -11 was
2005 in the amount of approved, ratifying the payment of certain claims
$1,205,953.70 and demands totaling $1.205,953.70 and
specifying the funds out of which the same were
paid and authorizing the President and Secretary to
sign the warrant.
Directors Expenses for the Director Compensation and Expense
Month of April 2005 Reimbursement for the Month of April 2005 were
approved and ratified as follows:
Director Ferryman: $850.00
Director Perry: $680.00
Director Schafer: $1,046.32
Director Woodside: $170.00
Director Worthington: $1,240.23
END OF CONSENT CALENDAR ..........................
PUBLIC COMMENTS
There were no public comments made.
ENGINEER'S REPORTS
PROPOSED DEVELOPMENT AT 1901 NEWPORT BLVD., EXCESS SEWER FLOWS
Mr. Hamers introduced Mr. Jay Rutter and Mr. Mike Eadie from Rutter
Development.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
= MAY 12, 2005
PAGE 4
Mr. Hamers provided a brief background to the Board regarding the history of
the property at 1901 Newport Boulevard.
Discussion was held regarding sewer capacity and various options to provide
sewer service to the new proposed development.
Mr. Rutter addressed the Board stating they attempted to negotiate access
through a neighboring property. Mr. Rutter stated the fee requested for the
access was substantial and his company would prefer the option of in -lieu
fees being paid to the District that will provide a benefit to the District's sewer
system serving the proposed development.
Director Schafer motioned to approve in concept a development agreement
with Rutter Development for in -lieu fees of $100,000 under District Ordinance
7.06.020 (previously known as Ordinance 21) to be put toward the Westside
Pumping Station Abandonment project for alternate sewer connection for 145
units to be constructed at 1901 Newport Boulevard and tied into Bernard
Street. Director Perry seconded. Motion carried 5 -0.
Mr. Harriers encouraged Mr. Rutter to attempt to negotiate with the
neighboring property once again and advise him of the outcome.
Mr. Jay Rutter and Mr. Mike Eadie left the meeting at 6:32. p.m.
WRITTEN COMMUNICATIONS
There were no written communications.
MANAGER'S REPORTS
STANDARDIZED TRASH CONTAINER PROGRAM REPORTS
Mr. Fauth provided summary report and multiple charts depicting the
number of trash containers distributed within the District, ROTO orders by
fiscal year, and a tonnage comparison within the District by fiscal year.
Mr. Fauth also presented a summary data chart depicting the current solid
waste disposal trend throughout the State of California.
Mr. Harriers concluded the increase in tonnage experienced in Costa
Mesa appeared to be following the trend of the State of California.
•
•
C7
r--1
LJ
0
COSTA MESA SANITARY DISTRICT
u - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 5
Mr. Fauth also provided a report on the number of containers replaced by
ROTO due to container damage, with the exception of lift bar repair which
was done in the field. Mr. Fauth noted the repair percentage was
decreasing.
Director Worthington - requested Mr. Fauth do a comparison by
representative routes for the increase in tonnage percentage.
Mr. Shef presented the ordinance enforcement summary report covering the
month of April 2005.
Mr. Shef's summary report contained the following information:
• 20 flyers given to residents and 6 containers oversprayed for graffiti
Mr. Shef will prepare a list of gate codes needed to distribute flyers. Ms
Gilbert will obtain the codes.
Director Worthington reported he had gone along with Mr. Shef on two
different occasions to observe the District during trash collection. Director
Worthington prepared a list of ten different concerns such as numbering on
trucks and containers without lids.
Director Worthington had suggested some of the items be agendized and
expressed dissatisfaction that this had not yet occurred. Director
Worthington also reported he had not been contacted or advised that the list
was being addressed by Staff. Mr. Hamers reported he had discussed the
list with Director Worthington on two occasions.
Director Worthington suggested high school students who require public
service hours be utilized to paint over graffiti on trash containers. Director
Perry reported the school district would not allow students to participate in
painting the containers.
Mr. Hamers thanked Director Worthington for his comments and reported
the list had been reviewed at Staff level and that the items of concern were
being addressed.
Mr. Fauth reported he was addressing the issues and apologized for not
notifying Director Worthington that items were being dealt with.
President Ferryman requested the Board be kept apprised of the status of
the listed concerns.
Ms. Gina Kevilian arrived at 7.12 p.m.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE C
CMSD STRATEGIC PLAN
YEAR 2005 STRATEGIC PLANNING ACTION ITEMS
Mr. Hamers reported an updated Strategic Plan Action Items list was
included in the Board packet.
Director Perry motioned to receive and file the Strategic Planning Action
Items list. Director Schafer seconded. Motion carried 5 -0.
NEW DISTRICT HEADQUARTERS
BUILDING AND GROUNDS AD HOC COMMITTEE
MEETINGS OF APRIL 25, 2005 AND MAY 11, 2005
Directors Perry reported the Committee has met twice and provided
recommendations to the Board.
The Board reviewed the recommendations for replacement doors and
a flagpole.
Director Perry motioned to approve $10,500 from the unreserved fund
balance of the sewer fund ($5,000 for front and rear door replacement,
and $5,500 to purchase and install a 33 -foot flag pole, flags, and
lighting) and allowing the Building and Grounds Ad Hoc Committee to
make the final decision on the type of door and placement of flagpole.
Director Schafer seconded. Motion carried 5 -0.
RECYCLING REPORTS
WASTE DIVERSION REPORT - APRIL 2005
Ms. Revak presented the Waste Diversion Reports for April 2005 showing
a 50.92% diversion rate. Director Schafer motioned to receive and file the
Waste Diversion Report. Director Perry seconded. Motion carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPOSAL
PAYMENT FOR APRIL 2005 SERVICES
Ms. Revak reported the contract payment is still being reconciled.
•
C7
C7
L�
•
COSTA MESA SANITARY DISTRICT
#u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 7
COSTA MESA PUBLIC SAFETY EMERGENCY SERVICES EXPO SUNDAY, MAY 15,
2005,11:00 A.M. — 3:00 P.M.
Mr. Fauth reported the Expo will be held on Sunday, May 15, 2005, 11:00
a.m. — 3:00 p.m. The District will host a booth and have promotional
materials and an active worm bin, which will be used for demonstration and
given away at the end of the event.
RECYCLING COMMITTEE - FRIDAY, MAY 6,2005-'
, 2005 - 12:00 P.M., CMSD
BOARDROOM, 628 W. 19TH STREET, COSTA MESA, DIRECTORS WOODSIDE AND
PERRY
RECYCLING COMMITTEE GOALS FOR 2005/2006
Director Woodside reported a Girl Scout troop will participate by collecting
plastics for recycling. Mr. Fauth will provide an educational presentation to
the troop before they begin the collection and recycling process.
The Boys and Girls Club will also be participating in a future project.
HIGH SCHOOL TOUR OF CR TRANSFER AND OC LANDFILL TUESDAY, MAY 24,
2005
Director Woodside reported the tour for Estancia High School students will
be held on May 24, 2005.
CLASSROOM RECYCLING PROJECTS
Mr. Fauth reported he received a suggested contact from Director
Worthington. Ms. Gilbert will follow up on that lead.
ENGINEER'S REPORTS (REVISITED)
WASTE DISCHARGE REQUIREMENTS - (WDR)
GENERAL UPDATE
Mr. Burns provided a brief synopsis of a federal lawsuit filed by
CoastKeepers against the City of Garden Grove.
Discussion was held regarding the ramifications of this lawsuit on the
Costa Mesa Sanitary District.
COSTA MESA SANITARY DISTRICT
u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
` PAGE 8 •
The Board directed Mr. Burns to monitor the lawsuit and keep the Board
apprised of its progress.
GREASE CONTROL PROGRAM DEVELOPMENT PROJECT NO. 174
PROGRAM IMPLEMENTATION EEC
Mr. Hamers reported Staff is working with the EEC and achieving
compliance and moving ahead.
USE OF OCHCA INSPECTORS
Mr. Hamers reported the Orange County Health Care Agency is working
on the agreement with OCSD and the Steering Committee. Mr. Hamers
anticipates using OCHCA inspectors in restaurant inspections.
CONSIDERATION OF CHARGES TO FOOD SERVICE ESTABLISHMENTS
Mr. Hamers reported the item has been approved in concept and
charges will be applied to all properties in the District. •
Mr. Fauth provided a brief review of his report distributed to the Board on
the number of food service establishment permits signed and returned to
the District.
OCSD COOPERATIVE PROJECTS GRANT -TELEVISING OF CMSD SEWER LINES
Mr. Hamers reported the agreement is being finalized and will be presented
to the Board in June or July.
WESTSIDE PUMPING STATION ABANDONMENT, PROJECT NO. 101
Mr. Hamers provided a brief report to the Board. Mr. Hamers reported an
EIR may be required and will update the Board as more information is
available.
TREASURER'S REPORTS
2005 -2006 BUDGET CALENDAR
Ms. Davis reported the Budget meeting will be held on May 24, 2005 at 11:30
a.m. •
•
•
0
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 9
2003 -2004 AUDIT UPDATE
Ms. Davis reported the auditor, Conrad and Associates, LLP, reviewed the
District's records and a report will be presented to the Board as soon as it is
received.
2004 ELECTION COSTS
Ms. Davis presented a report regarding the increase in election expenses.
Ms. Davis contacted the Registrar of Voters who provided the following
reasons for the overall increased costs:
• Board of Supervisors directed an increase in training provided to
precinct workers
• More precincts overall in the November 2004 election
• The Early Voting Program allowed Voters to go to one of 30 different
sites for the three weeks prior to the election to vote
• The Secretary of State mandated that the Registrar of Voters provide
paper ballots as well as the electronic ballot
• The November 2004 ballot was two pages which was much more
expensive to print than the one page November 2002 ballot
• In November 2004, the ballot materials were required to be translated
into four languages versus two in 2002
Staff will monitor potential charges for the next election.
CREATION OF TRASH COLLECTION RATE STABILIZATION FUND
Ms. Davis reported Staff met with Mr. Marc Davis, CBIZ Accounting, Tax and
Advisory of Orange County, LLC, and Mr. Burns to discuss possible options
to lower and /or stabilize the yearly trash collection charges.
Discussion was held.
President Ferryman suggested a study session be held to investigate the
topic in detail.
A meeting was set for May 24, 2005, 12:00 to 1:30 p.m.
The 2005 -2006 Budget review meeting was changed to Wednesday, June 1,
2005 at 11:30 a.m.
COSTA MESA SANITARY DISTRICT
u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 10 •
ATTORNEY'S REPORTS
CITY /DISTRICT OPERATING AGREEMENT
Mr. Burns had no additional information for the Board.
Mr. Hamers reported there is a possibility of retirements occurring that would
alter the course of the City /District operating agreement. Mr. Hamers will
keep the Board updated.
RECORDS DESTRUCTION POLICY
Mr. Burns reported the Records Destruction Policy is being prepared. Ms.
Revak is receiving input on necessary categories.
CMSD ADMINISTRATIVE REGULATIONS
Mr. Burns presented a copy of the Administrative Regulations for the Board's
final review. Mr. Hamers will be signing the AR's
LOCAL MEETINGS
Mr. Burns reported there was a need to discuss a non - agenda item regarding •
proposed legislation.
Director Perry motioned that the need arose to discuss an item that occurred
after the agenda was prepared and there was a need to take immediate
action. Director Schafer seconded. Motion carried 5 -0.
Discussion was held regarding SB 926, proposed legislation on biosolids land
application in Kern County. Mr. Burns reported CASA is opposing the
legislation due to the precedent it would set.
Director Perry motioned to direct Mr. Burns to write a letter opposing the
legislation as requested by CASA. Director Schafer seconded. Motion
carried 5 -0.
ORANGE COUNTY SANITATION DISTRICT (OCSD)
REGULAR MEETING - APRIL 27, 2005 (DIRECTOR FERRYMAN
Director Ferryman attended the OCSD meeting and reported the following:
• OCSD Rates
• Tour of site to pelletize sludge
COSTA MESA SANITARY DISTRICT
u t MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 11
• INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
President Schafer attended the May 10, 2005 meeting and discussed the
following:
• Special Districts vote on changing formula to accommodate Vector
Control and Cemetery Districts
• Updates on LAFCO and CSDA
• Next General meeting will be held June 30, 2005
LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
Director Schafer attended the May 11, 2005, LAFCO meeting and reported
the following:
• Presentation on Sphere of Influence Policy
• MSRs
• Information provided for Board's perusal
LAFCO FINAL BUDGET FOR FISCAL YEARS 2005 -2006, 2006 -2007, 2007 -2008
. Ms. Revak reported a packet was received from LAFCO regarding LAFCO's
final budget for Fiscal Years 2005 -2006, 2006 -2007, 2007 -2008. The report
was accepted as submitted.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
Director Schafer attended the May 5 -6, 2005 CSDA meeting and reported
they discussed the following:
• Governor's budget
• Salinas bill vs. Ortiz bill
• Pending legislation and public pension reform
• Hostile water district takeover
• Rio Linda seeking cityhood
• Redistricting
SPECIAL DISTRICT GOVERNANCE ACADEMY APPLICATION FOR INDIVIDUAL
RECOGNITION
Ms. Revak reported Directors Worthington and Schafer received a letter
from CSDA regarding graduation from CSDA's Special District
Governance Academy. The cost for the certificate is $65.
•
COSTA MESA SANITARY DISTRICT
u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
PAGE 12
Director Ferryman will investigate whether he has qualified for the
certificate.
Director Perry motioned to approve payment for up to $195 (pending
verification of Director Ferryman's qualification for certificate). Director
Woodside seconded. Motion carried 5 -0.
Director Worthington suggested developing a wall area in the District
offices to display awards and plaques received by District members.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
SPRING CONFERENCE, APRIL 27 -30, 2005 IN NAPA VALLEY (DIRECTOR
WORTHINGTON)
Director Worthington attended the Spring CASA Conference and provided
a report to the Board.
MEETINGS OF: COSTA MESA CITY COUNCIL, OCCOG, WACO, CHAMBER OF
COMMERCE
OCCOG
Director Schafer attended and reported the following:
■ Chris Norby given oath
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
There was no new business discussed.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Schafer commended Staff on the newsletter.
President Ferryman reminded the Board the Lion's Club Fish Fry will be June 4
and 5 at Lion's Park.
•
c:
COSTA MESA SANITARY DISTRICT
u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 12, 2005
• PAGE 13
ADJOURNMENT
At 8:36 p.m., President Ferryman adjourned the meeting.
SECRETARY
•
PRESIDENT