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Agenda Packets - Board - 2003-09-05n �J I. II. II1. IV. COSTA MESA SANITARY DISTRICT an Independent Special District AGENDA Arlene Schafer President Greg Woodside Vice President Art Perry Director Jim Ferryman Secretary Dan Worthington Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. In compliance with ADA, contact Joan Revak, (714) 754 -5087, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title ll). Regular Meeting - Friday, September 5, 2003 RECOMMENDED ACTION CALL TO ORDER — 12:00 p.m. — Conference Room 1A Costa Mesa City Hall PLEDGE OF ALLEGIANCE — Director Perry INVOCATION — Director Woodside ROLL CALL V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports Minute Approval 1. Recycling Committee Meeting — August 12, 2003 2. Regular Meeting — August 14, 2003 3. Special Meeting — August 22, 2003 ftotecting our community's health by providing solid waste and sewer colrection services. costamesasan.itarydistrict. org COSTA MESA SANITARY DISTRICT AGENDA R 0 Manager's Reports �0� Refunds Occupancy Report and payment to Costa Mesa Disposal — September 2003 4f/6. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) �/7. Standardized Container Program — Lifting Bar Replacement Update Engineer's Reports 8. Project Status Report Treasurer's Reports 9. Financial Report as of August 31, 2003 10. Report of Monies on Deposit as of August 31, 2003 11 Warrant Register for September 2003 in the amount of $215,772.09 12. Directors' Compensation and Reimbursement Expenses for the month of August 2003 ------------------------------------------ I. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS -END OF CONSENT CALENDAR ZA. Anti - Scavenging and Screening of Trash Containers Enforcement Reports B. CMSD Strategic Plan 1. Year 2003 Action Items 2. Institutional Issues a. Special Meeting — Monday, October 13, 2003 at 6:00 p.m. / C. Recycling Reports 1. Waste Diversion Report — August 2003 D. Contract Payment to CR Transfer for recycling services and disposal for August 2003 •. 1. Payment for August 2003 Services September 5, 2003 Page 2 RECOMMENDED ACTION No Refunds Approve Receive and File Accept Report Receive and File Accept Report Receive and File Approve Payment Ratify Expenses Consider Receive and File Confirm Date Receive and File Approve Subject to Verification of Diversion Report by Staff rT'rotecting our community's health 6y providing soridwaste andsewercollection services. costa mesasanitarydistrict. org COSTA MESA SANITARY DISTRICT A AGENDA September 5, 2003 Page 3 RECOMMENDED •E. /Standardized Trash Container Program ACTION Regulations Consider Revision /2. Special Meeting — Monday, September 29, 2003 at 6:00 p.m. Confirm Date Closed Session Pursuant to Government Code Section 54956.9 to Adjourn to Discuss Anticipated Litigation (1 Case) Closed Session Recycling Committee — September 3, 2003 — 9:00 a.m. Director Worthington and Director Perry 1. Strategic Planning 2003 - Public Outreach — Classroom Recycling Projects Consider 2. CostaMazing — District Participation Consider 3. Large Item Collection Program - 2003 Accept Report Accept 4. Mini - Telephone Book Recycling Program Report 5. Bio- Diesel Fuel for Trash Hauling Trucks Complete Research & Postpone Implementation IX. ENGINEER'S REPORTS i/A. Waste Discharge Requirements (WDR) 1. General Update Verbal Report from Manager and Attorney B. CMSD 2003 -2004 Capital Improvement Program — Review by Approve Report and Approve Independent Engineer Payment of Invoice in the Amount of $780.00 X. TREASURER'S REPORTS CalTRUST — Possible LAIF Alternative Accept Report lB. SDRMA Renewal Options Accept Report Authorize Continued Participation in LAIF 1. Resolution No. 2003 -676 Authorizing Investment of Monies Adopt Resolution in the Local Agency Investment Fund XI. ATTORNEY'S REPORTS F/ Curbside, Inc. Agreement Execute Agreement 0� v- Technology Resource Center (TRC) Agreement Execute Agreement RN C. Manhole Adjusting, Inc. Agreement for Emergency Services Execute Agreement CPYotecti ourcommuni s health providing sotidwaste andsewercollection ng h' by p ng services. costamesasanitarydistnct. org COSTA MESA SANITARY DISTRICT AGENDA RECOMMENDED ACTION lei. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) Att 1. Regular Meeting — August 27, 2003 (Director Ferryman Accept Report B. Independent Special Districts of Orange County (ISDOC) Accept Report C. Orange County Council of Governments (OCCOG) Accept Report D. Local Agency Formation Commission (LAFCO) Consider E. California Special Districts Association (CSDA) Consider September 5, 2003 Page 4 XIII. OLD BUSINESS A. Meeting Time for October Regular Board of Directors Meeting Confirm Date of Wednesday, October 8 at 12:00 p.m. XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS it 1. ADJOURNMENT rou 0 &t&� � • 0Csto Fe2e'o y',f VTAGt- 3,swilm Art 3s- /6- P-03. rProtecting our community's health 6y providing solid waste and sewer collection services. costamesasanitarydistn.ct. org „e o 00o A N oo n V � •nl f �RPOFAT60�q COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING AUGUST 12, 2003 The Costa Mesa Sanitary District Recycling Committee met at 9:00 a.m. in conference roomlA at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Dan Worthington, Art Perry Staff Present: Rob Hamers, Tom Fauth, Joan Revak, Bobby Young 0 Director Worthington called the meeting to order at 9:00 a. m. STRATEGIC PLANNING 2003 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS Director Worthington reported he is awaiting a determination on classroom presentations from the Newport-Mesa Unified School District ( NMUSD). It is anticipated the program will begin in September and presentations will be made to NMUSD 61h grade classrooms. Staff is formulating a flyer promoting the school program. COSTAMAZING — DISTRICT PARTICIPATION Ms. Revak will be meeting with the CostaMazing coordinator with regard to District participation in the February 7, 2003 event. Director Worthington is in the process of obtaining further information on the age of the Pepper Trees at Sepulveda Park. Mr. Hamers suggested assumptions be made with regard to the age of the trees and proceed with plans for the peppercorn memorabilia for CostaMazing. Protecting our community's health 6y providing sofid waste and sewer collection services. costamesasanitarydutnca org +�5 SANIl- *,' Costa Mesa Sanitary District Minutes of Recycling Committee Meeting August 12, 2003 Page 2 LARGE ITEM COLLECTION PROGRAM - 2003 Ms. Revak reported there are three weeks remaining in the Large Item Collection Program for 2003 and presented a chart showing collection figures to date. As of August 15, 2003, 404.23 tons were landfilled at a total cost of $8,884.00. Recyclable White Goods collected during this period totaled 243.14 tons, amounting to a credit of $3,293.80. MINI TELEPHONE BOOK RECYCLING PROGRAM - 2003 Mr. Revak informed the Committee that the Mini - Telephone Book Recycling Program started on August 8 and will run through September 19, 2003. Collection bins are located in front of City Hall and at the Orange Coast College Recycling Center. Last year's mini - program yielded 2,825 books (5.65 tons). BIODIESEL FUEL FOR TRASH HAULING TRUCKS Director Worthington, Perry and Mr. Fauth made a visit to Biotane Fuels in Coachella on August 5, 2003. Mr. Fauth reported on the site visit and provided photographs of the Biodiesel plant. PUBLIC COMMENTS There were no public comments. The meeting was adjourned at 10:22 a.m. Secretary President • Protecting our community's heaftk 6y prwding soCuf waste andsewer collection services. costamesasanitarydutrict. org • �SASANIl,� *� n 1 gPONA1b�\ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on August 14, 2003, at 6:00 p.m. in Room 1- A of the Civic Center, 77 Fair Drive, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL President Schafer called the meeting to order at 6:00 p.m. Director Worthington led the pledge. Vice President Woodside gave the invocation. 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, Treasurer; Ron Shef, District Ordinance Enforcement Officer OTHERS PRESENT: Mr. and Mrs. Stanley Jensen 2149 Shelley Street Placentia, CA Debbie Bjornson, Permit Processing Specialist, CMSD ,.•.,t COSTA MESA SANITARY DISTRICT - 8 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 2 . ............................... CONSENT CALENDAR . ............................... Ms. Revak requested a correction to the regular Meeting Minutes of July 9, 2003, under Mesa Consolidated Water District. The correction will read Rate increase of 9 cents. Director Ferryman motioned to approve the Consent Calendar with the correction to the Mesa Consolidated Water District report. President Schafer seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting, July 9, 2003 Minutes of Investment Oversight Committee Meeting, July 9, 2003 Minutes of Regular Meeting, July 9, 2003 Minutes of Special Meeting, July 14, 2003 MANAGER'S REPORTS The Minutes of the Recycling Committee Meeting of July 9, 2003, were approved as distributed. The Minutes of Investment Oversight Committee Meeting, July 9, 2003, were approved as distributed. The Minutes of the Regular Meeting of July 9, 2003, were approved as corrected. The Minutes of the Special Meeting of July 14, 2003, 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 Lyon Refund to: Lyon Mesa Community Association Mesa Community Parcel Address: 2865 Fairview Road (Tract 15570 - Association of 625.33 Lot D) Assessor's Parcel Number 141 - 751 -37 Trash Refund: 552.76 Sewer Refund: 72.57 Total Refund: 625.33 • • • ..n .. .. r .. '. :511_ .............. ,,•••�.t COSTA MESA SANITARY DISTRICT -r MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ro..m AUGUST 14, 2003 PAGE 3 Refund requested for trash and sewer assessments that were paid for Lot D Tr. 15570. Lot D is used for landscaping purposes and is not a separate building site. Refund for years 2000/2001, 2001/2002, 2002/2003 Refund request by Lyon Refund to: Lyon Mesa Community Association Mesa Community Parcel Address: 2865 Fairview Road (Tract 15570 - Association of 625.33 Lot C) Assessor's Parcel Number 141 - 751 -38 Trash Refund: 552.76 Sewer Refund: 72.57 Total Refund: 625.33 Refund requested for trash and sewer assessments that were paid for Lot C Tr. 15570. Lot C is used for landscaping purposes and is not a separate building site. Refund for years 2000/2001, 2001/2002, 2002/2003 Retroactive Adjustment to Request for retroactive payment to Costa Mesa July 2003 Payment to Disposal for July 2003 trash collection services to Costa Mesa Disposal increase the payment to Costa Mesa Disposal to reflect the new 2003 -2004 rate. The new rate is $8.6298 per unit, an increase of $.1758 over the previous rate of $8.4540. Therefore, the total retroactive payment to Costa Mesa Disposal is $3,706.56 for the occupancy of 21,084. Board directed Staff to prepare a retroactive payment warrant for $3,706.56 to Costa Mesa Disposal for July 2003. Said payment in the amount of $3,706.56 to be ratified on the August 2003 warrant list. Occupancy Report and The Revised Trash Occupancy Count documented Payment of $181,950.70 no increase or decrease in the occupancy report for to Costa Mesa Disposal — solid waste collection as of August 1, 2003. August 2003 Therefore, the total for August is 21,084. Board directed Staff to prepare a warrant for $181,950.70 to Costa Mesa Disposal on September 1, 2003, for payment for August trash collection based on the August count of 21,084. Standardized Container The Standardized Container Program — Lifting Bar Program — Lifting Bar Replacement Update was accepted as submitted. Replacement Update . .,� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING �►:... AUGUST 14, 2003 PAGE 4 ENGINEER'S REPORTS Project Status Report The Project Status Report dated August 2003, was accepted as submitted. TREASURER'S REPORTS Financial Report as of July The Financial Report as of July 31, 2003, was 31, 2003 accepted as submitted. Report of Monies on The Report of Monies on Deposit as of July 31, Deposit as of 2003, was received and filed. July 31, 2003 Warrant 2004 -02 for Warrant Resolution #CMSD 2004 -02 was approved, August 2003 in the authorizing the President and Secretary to sign the amount of $1,058,622.42 warrant and instructing the Treasurer Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $1,058,622.42. Directors Expenses for the Director Expenses for the Month of July 2003 were Month of July 2003 ratified as follows: Director Ferryman: $510.00 Director Perry: $1,020.00 President Schafer: $1,020.00 Vice President Woodside: $510.00 Director Worthington: $1,020.00 .......................... END OF CONSENT CALENDAR .......................... PUBLIC HEARING - CONSIDERATION OF ANNUAL TRASH COLLECTION CHARGES TO BE COLLECTED WITH THE GENERAL TAXES Mr. Burns gave a brief overview outlining the process for consideration of annual trash collection charges, explaining Proposition 218 procedural rules will be followed for the proposed increase. Mr. Burns read the requirements necessary to increase the trash rate: 1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. �,,.••�,,t COSTA MESA SANITARY DISTRICT - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING fro.. AUGUST 14, 2003 PAGE 5 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionality requirements of assessments. 5. No fee or charge shall be being imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. PRESENTATION OF REPORT Mr. Hamers presented a report on trash collection charges for 2003 -04 showing his review of the proposed rate of $209.13 per dwelling unit for the 03/04 annual trash collection charge. The proposed increases would fund contractual rate increases for the independent contractors employed for trash collection, recycling, and disposal operations and fund normal inflationary increases in the solid waste operating costs. The charge meets the substantive requirements of Proposition 218 as follows: 1. Revenues derived from the fee or charge do not exceed the funds required to provide the trash collection service. The charges are calculated by adding together the cost of components necessary to provide the service and then apportioning this to those receiving trash collection service. No components other than those directly related to providing service are used to establish rates. The components include trash collection, recycling, education and special programs, and administration. 2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is imposed. The revenue issued only for the components of providing trash collection service as outlined in Paragraph 1 above and as identified in the District's yearly budget. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. The amount of the yearly charge is determined by dividing the cost of all the components of providing the service by the number of parcels receiving service, as the vast majority of parcels produce an approximately equal amount of solid waste and all �,.•.,t COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING •ro..� AUGUST 14, 2003 PAGE 6 parcels enjoy the benefits of the public education and have an opportunity to participate in the special programs. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties not receiving trash collection service or that receive service from other entities providing trash collection, are not charged. 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for trash collection services. The District provides only trash collection and sewer service and charges collected for trash collection are used only for that purpose. President Schafer verified from Joan Revak, Clerk of the District, that all required notices were duly published. Ms. Revak reported the District received no protests to date from a total of 17,557 parcels notified. OPEN PUBLIC HEARING 0 President Schafer opened the public hearing, requesting each speaker to limit their protest to three minutes and advising participants that, by law, only a written protest will count. Mr. Stanley Jensen, City of Placentia. Mr. Jensen reported he has five small units in the City of Costa Mesa housing one person in each and stated each unit is charged the same as a single - family unit with multiple people living in it. Mr. Jensen suggested a proportional system be examined. Mr. Jensen stated he did not wish to protest the increase in the trash rate. Mr. Hamers explained to Mr. Jensen that a variable rate structure system is being investigated. Mr. Shef arrived at 6:14 p.m. CLOSE PUBLIC HEARING President Schafer closed the public hearing. • COSTA MESA SANITARY DISTRICT r MINUTES OF BOARD OF DIRECTORS REGULAR MEETING pro.. AUGUST 14, 2003 PAGE 7 DETERMINATION REGARDING PROTESTS President Schafer directed Ms. Revak, Clerk of the District, to tally the number of protests. Ms. Revak determined there were no protests filed from a total of 17,557 parcels. President Schafer determined the protest failed. ADOPT RESOLUTION NO. 2003 -673 CONFIRMING AND ADOPTING THE REPORT AND DIRECT CLERK TO FILE WITH COUNTY AUDITOR Director Woodside motioned to adopt Resolution No. 2003 -673, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED CHARGES FOR TRASH COLLECTION ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR. Director Ferryman seconded. Motion carried 5 -0. 9 Mr. and Mrs. Jensen left the meeting. PUBLIC HEARING - CONSIDERATION OF ANNUAL LIQUID WASTE CHARGES TO BE COLLECTED WITH THE GENERAL TAXES Mr. Burns gave a brief overview outlining the process for consideration of annual liquid waste charges. Mr. Bums read the requirements of Proposition 218: 1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge must not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionality requirements of assessments. ,.ur•.,t COSTA MESA SANITARY DISTRICT - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 8 5. No fee or charge can be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to other property owners. PRESENTATION OF REPORT Mr. Hamers presented a report on liquid waste disposal charges for 2003 -04 showing his review of the proposed rate for each property category for the 2003 -04 liquid waste disposal charge. The charges will be increased 5% for the 2003 -04 fiscal year. The increase is necessary to fund normal inflationary increases in the liquid waste operating costs and further to provide additional funding for capital projects adopted as part of the District's fiscal year 2003 -2004 operating and capital improvement budget. Mr. Hamers outlined how the charges for liquid waste disposal meet the substantive requirements of Proposition 218 as follows: 1. Revenues derived from the annual sewer fee charges do not exceed the funds required to provide the sewer service. The charges are calculated by adding together the costs of all the components of providing the service and then apportioning the required funds to each of the properties connected to the system. The components of providing the service include the yearly capital replacement projects, the maintenance and operation costs of maintaining the system and administration costs. 2. Revenues from the charge is not used for any purpose other than for which the fee or charge is imposed. No funds collected from the charges are used for expansion or augmentation to the sewer system, only the purposes ad designated in the applicable statutes. Similarly, no funds derived from the charges are used for solid waste collection, recycling, or administration thereof. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. Each parcel connected to the system falls into a property category type, which has a related estimated maximum sewer flow. The maximum estimated sewer flow is based on actual flow metering tests along with flow rates calculated and established by other sewer agencies. The total estimated maximum sewer flows and acres of property developed are used to determine the funding contribution from each property category type. Each individual parcel, based on the actual number of residential units or commercial /industrial /other square footage, is assigned its proportional share of the required funds of each property category type. Therefore, each property contributes its proportional share. ,.., COSTA MESA SANITARY DISTRICT 3 t MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 9 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties are only charged if they are physically connected to the sewer system. Vacant land or properties with storage or other buildings not receiving sewer service are not charged. 5. No fee or charge is imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for sewer services. The District provides only trash collection and sewer service and all fees collected as sewer charges are used only for related expenses. President Schafer verified from Joan Revak, Clerk of the District, that all required notices were duly published. Ms. Revak reported the District received 0 protests to date from a total of 24,841 parcels notified. OPEN PUBLIC HEARING President Schafer opened the public hearing, requesting each speaker to limit their protest to three minutes and advising participants that, by law, only a written protest will count. There was no public in attendance. CLOSE PUBLIC HEARING President Schafer closed the public hearing. DETERMINATION REGARDING PROTESTS President Schafer directed Ms. Revak, Clerk of the District, to tally the number of protests. Ms. Revak determined there were no protests filed from a total of 24,841 parcels. President Schafer determined the protest failed. ADOPT RESOLUTION NO. 2003 -674 CONFIRMING AND ADOPTING THE REPORT AND DIRECTING CLERK TO FILE WITH THE COUNTY AUDITOR Vice President Woodside motioned to adopt Resolution No. 2003 -674, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED USER FEE FOR LIQUID WASTE DISPOSAL AND ADOPTING THE ,. +••.,� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 10 REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR. Director Perry seconded. Motion carried 5 -0. Mr. Hamers reported receiving a letter from Mr. Rodney Plascencia, dated July 19, 2003, proposing a portion of the increase be used to purchase an insurance policy to help homeowners defray the cost of repairing lateral lines. Mr. Plascencia did not wish to protest the rate increase. WRITTEN COMMUNICATIONS There were no written communications. 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 July as follows: Location Calls for Service Cite /Arrest Area 1 1 1 Area II 0 0 Area III 2 1 Area IV 0 0 TOTAL 3 2 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the five -week period beginning June 23, 2003 and ending July 27, 2003. Mr. Shef's summary report contained the following information: • Distribution of approximately 35 courtesy flyers during this period. • More than half the District completed large item pickup with no large - scale or commercial scavenging noticed. is • 1] COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r AUGUST 14, 2003 PAGE 11 • More residents placing containers in the street for collection. • 20 containers sprayed to eliminate graffiti and W. tags attached. CIVISD STRATEGIC PLAN YEAR 2003 ACTION ITEMS Mr. Hamers presented the Strategic Planning Action Items list with status for each item for reference purposes. ITEM 1.2 - INSTITUTIONAL ISSUES The District did not receive a response from the letter sent to City Council, Mayor Monahan, and Allan Roeder in July 2003. Discussion held regarding development of an action plan and possible options in relocating office facilities. Mr. Fauth discussed results of his investigation of three firms for payroll services. 9 RECYCLING REPORTS WASTE DIVERSION REPORT - JUNE 2003 The Waste Diversion Report for June depicted a diversion rate of 50.03 percent. WASTE DIVERSION REPORT - JULY 2003 The Waste Diversion Report for July depicted a diversion rate of 50.08 percent. Director Perry motioned to receive and file the Waste Diversion Reports for June 2003 and July 2003. Director Ferryman seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL FOR JULY 2003 PAYMENT FOR JULY 2003 SERVICES Director Ferryman motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of July 2003, in the amount of $194,442.17. Director Perry seconded. Motion carried 5 -0. ,.••r•.,t COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 12 RECYCLING COMMITTEE - AUGUST 12, 2003— 9:00 A.M. DIRECTOR WORTHINGTON AND DIRECTOR PERRY STRATEGIC PLANNING 2003 - PUBLIC OUTREACH - CLASSROOM RECYCLING PROJECTS Director Worthington reported the project is temporarily on hold waiting for the school district to make a determination on future classroom presentation and distribution of worm containers. COSTAMAZING - DISTRICT PARTICIPATION Director Worthington reported Mr. Hamers suggested he make some assumptions regarding the exact age of the Pepper trees and go ahead with creating the peppercorn memorabilia for CostAmazing. LARGE ITEM COLLECTION PROGRAM - 2003 Ms. Revak reported the Large Item Collection Program began on June 23 and will conclude on August 29, 2003. As of August 1, 2003, 296.35 tons were landfilled at a cost of $6,510.00. 0 Recyclable White Goods totaled 169.24 tons, which amounted to a credit of $2,266.62. Director Worthington reported he observed scrap metals being sorted during the pickup of the large items on his block. Director Worthington inquired as to the value of the scrap metal and who gets the refund from the scrap metal. MINI - TELEPHONE BOOK RECYCLING PROGRAM Director Worthington reported the Mini Telephone Book Recycling Program will run from August 8, 2003 through September 19, 2003. Collection bins will be located in front of City Hall and at Orange Coast College Recycling Center. BIODIESEL FUEL FOR TRASH HAULING TRUCKS REQUEST FOR DIRECTOR AUTHORIZATION TO ATTEND MEETING OUTSIDE ORANGE COUNTY Director Worthington reported he, Director Perry and Mr. Fauth went for a site visit to Biotane Fuels in Coachella on August 5, 2003. y COSTA MESA SANITARY DISTRICT 3 -r MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PACE 13 Mr. Fauth provided a detailed report and photographs of the biodiesel plant. Mr. Fauth wrote a thank -you note to Mr. Bob Clark, Biotane Fuels, thanking them for the site visit. Directors will review the handout and a detailed discussion will be held at the August 22, 2003, Special Meeting. Director Ferryman motioned to retroactively approve Directors Perry and Worthington attending the Coachella Biotane Fuels site visit, a meeting outside Orange County. Director Schafer seconded. Motion carried 5 -0. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS - (WDR) GENERAL UPDATE Mr. Burns reported they are proceeding and will produce a model grease control ordinance that will be fine -tuned by each City to take into consideration the variance in viewpoints. FOG PUBLIC EDUCATION Mr. Harriers presented a letter from Blake Anderson, Orange County Sanitation District, dated July 7, 2003, requesting the District to choose an option for the development of an education program to comply with the requirements of the Santa Ana Regional Water Quality Control Board Sewer System Waste Discharge Requirements. The District determined they would not benefit from the program at this time and currently provide comprehensive educational materials to residents of the District. Director Ferryman suggested a letter be prepared in support of the program but declining participation. Board directed Staff to prepare a response letter. PROJECT #172, WASTE DISCHARGE REQUIREMENTS (WDR) - PART 1 PROJECT BEGIN DATE - WEDNESDAY, AUGUST 6, 2003 Mr. Hamers reported the kickoff meeting was held on August 6, 2003. All personnel (e.g., field crews, office staff, inspectors) connected with the sewer system were in attendance. COSTA MESA SANITARY DISTRICT _ 8 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 14 TRACT 16416, SE CORNER SUNFLOWER AVENUE & SUSAN STREET STANDARD PACIFIC DEVELOPMENT - SEWER & TRASH COLLECTION EASEMENT Mr. Hamers commended Debbie Bjornson for her role in checking plans, collecting fees, and processing documents. Mr. Hamers presented an easement document for granting th District ingress and egress for trash collection and special programs ad for sewer maintenance over the private streets in the tract. The sewer system is being dedicated to the District. Director Ferryman motioned to accept the easement. Director Perry seconded. Motion carried 5 -0. TREASURER'S REPORTS STATE BUDGET UPDATE Mr. Puckett reported the State adopted the budget and the impact on the District will be the slight reduction of $3,500 in unfunded state mandate reimbursement payments made pursuant to SB90. Mr. Puckett provided a detailed memorandum to the Board. REFINANCING STANDARDIZED CONTAINERS RESOLUTION NO. 2003 -675 AUTHORIZING REFINANCING OF AN EXISTING LEASE, THE EXECUTION & DELIVERY OF A LEASE WITH OPTION TO PURCHASE AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH Mr. Puckett presented a resolution authorizing the execution and delivery of a lease for the refinancing of an existing lease for the lease- purchase of standardized trash containers. The new interest rate is 3.65 %, lowering the annual debt service payments by $7,040 over the same term through August 28, 2011. The total savings over this period amount to $56,320 in foregone interest costs. • ,...,t COSTA MESA SANITARY DISTRICT - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 15 Director Perry motioned to adopt Resolution 2003 -675, A RESOLUTION AUTHORIZING REFINANCING OF AN EXISTING LEASE THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE AND AUTHORIZNG AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH. Director Worthington seconded. Motion carried 5 -0. ATTORNEY'S REPORTS Mr. Burns reported he had nothing on the agenda but reported on a memo previously sent to the Board regarding a person outside of the agency's jurisdiction can sue for violation of the Brown Act. Mr. Burns additionally reported the Statute of Limitations is now 4 years on certain refunds.. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING - JULY 23, 2003 (DIRECTOR FERRYMAN Director Ferryman attended the July 23, 2003 meeting and reported there was nothing significant to report to the Board. President Schafer also attended the meeting and reported Orange County Sanitation District is the first public wastewater agency in the nation to receive national recognition for their biosolids programs. MESA CONSOLIDATED WATER DISTRICT MEETING - JULY 22, 2003 (DIRECTOR PERRY) Director Perry attended the meeting and provided the agenda for the Board's review. The Board discussed reviewing the Mesa Consolidated Water District agenda each month and making a determination regarding attendance based on the agenda. • �.Y•..� COSTA MESA SANITARY DISTRICT ' MINUTES OF BOARD OF DIRECTORS REGULAR MEETING .. �' AUGUST 14, 2003 PACE 16 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer attended the August 5, 2003 meeting and reported the following: • Discussed having supervisor Bill Campbell as guest speaker • Mary Eileen reported on the possibility of ISDOC having their own web site — follow -up report to be presented at next meeting • Discussed State budget deficit • October 30th will be next Quarterly Meeting — possible speaker on ethics LOCAL AGENCY FORMATION COMMISSION ( LAFCO) President Schafer attended the August 13, 2003, LAFCO meeting and reported the following: • Public hearing on Planning Area 40 to City of Irvine • Reconsideration of annexation of 745 acres of unincorporated territory to City of Irvine • MSR Program Phase One consultant report • Countywide interview findings and authorize staff to begin Phase Two MSR prototype • Leadership symposium for January 2004 — OCLS Advisory teams to be held in Lake Arrowhead CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported CSDA was dark in July and reported the X are watching the budget and getting ready for September 15t workshop "Board's Role in Finance and Fiscal Accountability" The Annual CSDA Conference is scheduled September 16 -18 and will be held at Squaw Creek, Lake Tahoe. BOARD OF DIRECTORS ELECTION President Schafer recommended Jo MacKenzie, Vista Irrigation District for Seat A and Gary Croucher, Otay Water District for Seat C in the upcoming CSDA Board of Directors Election. 0 . �,,...,.t COSTA MESA SANITARY DISTRICT - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 14, 2003 PAGE 17 Director Ferryman motioned to recommend Jo MacKenzie, Vista Irrigation District for Seat A and Gary Croucher, Otay Water District for Seat C in the upcoming CSDA Board of Directors Election. Director Woodside seconded. Motion carried 5 -0. OLD BUSINESS Letterhead containing staff names was distributed for the Board's review. NEW BUSINESS MEETING TIME FOR SEPTEMBER REGULAR BOARD OF DIRECTORS MEETING The regular Board of Directors meeting was changed to Friday, September 5, 2003 at noon. The regular Board of Directors meeting for October was changed to Wednesday, October 8, 2003 at noon. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Worthington reported he took a trip to Diamond Valley Lake and reported that prior to the lake opening last year, there was a 6 -week water reserve available for Southern California. As a result of the Diamond Valley Lake opening, there is now a 6 -month reserve. Mr. Burns invited all Board and Staff to a Saturday October 4th get - together at his home. A flyer with directions and details will be provided. ADJOURNMENT At 7:58 p.m., President Schafer adjourned the meeting. 0 SECRETARY PRESIDENT ��S�,SAN1T�Rro' i1� h 7 �RpORA1E °` COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 22, 2003 The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on August 22, 2003 at 11:30 p.m., in Conference Room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Arlene Schafer, Greg Woodside, Arthur Perry James Ferryman, Dan Worthington Staff Present: Robin Hamers, Manager /Engineer; Tom Fauth, Assistant Manager; Joan Revak, Clerk of the District; Alan Burns, Legal Counsel; Marc Puckett, District Treasurer; Bobby Young, Accountant 0 I. Standardized Trash Container Program Mr. Hamers gave a presentation of the state of the standardized trash container program and the grievance letter filed by the Costa Mesa Disposal (CMD) drivers with the Union. Mr. Hamers reviewed the following documents: 1. Grievance letter from CMD drivers to Union dated July 1, 2003 2. Driver injury records, 1997 -2003 3. Letter from Raul Rangel dated July 31, 2003 4. Memorandum from Robin B. Hamers to Board dated August 4, 2003 5. Memorandum from Joan Revak to File dated August 5, 2003 6. Letter from Ray Rangel dated August 7, 2003 Revised 7. Green colored Trash Collection Regulations card 8. Page 13 of CMD /District Agreement 9. Letter from resident dated August 12, 2003 The drivers claim the standardized containers cause worker injuries which conflicts with the Roto Industries testing documents that were included in the purchase agreement between the District and Roto. Mr. Hamers explained the Costa Mesa Disposal driver request for a fully automated trash collection program in order to avoid injuries and speed up collection. Mr. Hamers reviewed the CMD foreman's comments at the meeting of the drivers and union attended by Rob Hamers, Tom Fauth,and Joan Revak, that the drivers were in too much of a hurry and were not following the proper safety procedures when using the semi automated containers. Mr. Hamers explained that under the old manual program, each driver was individually responsible for lifting (Protecting our community's health 6y prozidting solid waste and sewer collection services. costamesasanitarydutrict. org Costa Mesa Sanitary District Page 2 Minutes of Special Meeting Held August 22, 2003 7.1 million pounds of trash per year but in the new program the semi automated containers have wheels and can be rolled. The Board requested Staff decline any future offers to attend meetings at CMD that include the drivers, the union, and CMD management. Meetings such as those are internal to CMD. Mr. Hamers also reviewed the request dated August 7, 2003 Revised for modification of the green trash collection regulations card submitted by Ray Rangel. Mr. Hamers explained the new sidebars on the trucks that prevent trash from falling out of the trucks. The height of the bar requires the drivers to lift the bags a slight distance higher than before. After discussion, the Board directed Staff to modify regulations number two and five to read as follows: 2. All trash belongs inside the container with the lid closed, however, an occasional heavy -duty garbage bag not weighing more than 25 Ibs left next to the containers is permissible. Boxes need to be folded down and tied, and weigh no more than 25 Ibs per bundle. If you continually have excess trash, please call (949) 646 -4617 to request an additional container. Never use a non- standardized container for excess trash, use only heavy -duty trash bags. 5. Tree trimmings, shrubs, etc., shall be trimmed to fit inside the container. Bundles left outside the container will not be collected. Discussion ensued having residents place their standardized containers in the street prior to collection. The Sanitary District has an existing ordinance that prohibits this practice. Before the District can consider revising the ordinance, District Staff must confirm with the City of Costa Mesa that the practice of leaving containers out for pick up in the street area is acceptable. The Board directed Staff to continue discussing this item with the City. The Board acknowledged that a fully automated collection system is desirable and is a goal of the District, however, research into the many factors affecting such a program is necessary. The Board directed Staff to research this subject, Mr. Hamers brought forth the letter from Raul Rangel dated January 6, 2003 that details financial problems of the company and the request for a special increase. Mr. Hamers also reviewed the events leading up the damage of the lifting bars on the 45,000 standardized containers and what management controls by CMD and Roto could have prevented the problem. The Board of Directors requested the following issues be discussed during a performance evaluation of Costa Mesa Disposal: 0 Protecting our community's health by providing soCid waste and sewer coQection services. costamesasanitaryQutrict. org V • • Costa Mesa Sanitary District Page 3 Minutes of Special Meeting Held August 22, 2003 • Letter from Raul Rangel dated January 6, 2003, outlining the financial problems facing Costa Mesa Disposal. • Driver attitude in light of not having a fully automated system and its effect on driver /resident relations and trash collection service. • Coordination between Roto Industries and Costa Mesa Disposal for the four - year container management program offered by Roto and accepted by the District. • The management steps that could have been taken to prevent almost all 45,000 lifting bars from being damaged. II. Closed Session The Board of Directors adjourned to a closed session at 1:15 p.m. pursuant to Government Code Section 54956.9 to discuss Anticipated Litigation (1 case). At 2:00 p.m., the Board reconvened to open session and President Schafer announced no action was taken in closed session. VII. Public Comments There were no members of the public present and no public comments made. Secretary President Protecting our community's health 6y providing soCuf waste and sewer cotection services. costamesasanitarydistrict. org ANIIq��' r� O s h4 p ouo ao u = COS(rq ESX "C v ' 1 l./ RT ti X yc�'PpORAtE�1� I�IS2' ICI' ... an Independent Speciaf District Memorandum To: Board of Directors From: Debbie Bjornson, Permit Processing Specialist Date: August 28, 2003 Subject: REFUND REQUEST FOR BOARD APPROVAL There are no refund requests for the month of August 2003 • Thomas A. Fauth Assistant Manager • 1 Debbie Bjornson Permit Processing Specialist