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Minutes - Board - 2002-02-140 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on February 14, 2002, at 6:00 p.m. in Room 5 -A of the Civic Center, 77 Fair Drive, Costa Mesa. President Schafer called the meeting to order at 6:00 p.m.. Director Perry led the Pledge of Allegiance. Vice President Woodside gave the invocation. • ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Art Perry, Greg Woodside, James Ferryman, Dan Worthington DIRECTORS ABSENT: None STAFF PRESENT: Robin Hamers, Manager /Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Clerk of the District; Marc Puckett, Finance Director, Ron Shef, District Ordinance Enforcement Officer; Denise Gilbert, Permit Processing Specialist; Debbie Bjornson, Permit Processing Specialist. Others Present: None • Mr. Hamers introduced the two newest members of staff, Denise Gilbert and Debbie Bjornson, both holding positions as Permit Processing Specialists. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FERRUARY14,2002 • PAGE 2 . ............................... CONSENT CALENDAR . ............................... President Schafer requested the Minutes of the Regular Meeting, January 10, 2002, the Trash Occupancy Count report dated February 7, 2002, and the Investment Oversight Committee Minutes dated January 10, 2002, be pulled from the Consent Calendar for further discussion. President Schafer inquired as to the increase of 3 units in the Occupancy Report at 652 Center Street. Mr. Fauth reported the owner of the 3 -unit apartment complex previously used dumpster service and contacted the District to begin curbside service. Vice President Woodside motioned to approve the Consent Calendar, with the removal of the Minutes of the Regular Meeting, January 10, 2002, the Trash Occupancy Count report dated February 7, 2002, and the Investment Oversight Committee Minutes. Secretary Perry seconded. Motion carried unanimously. REPORTS • MINUTE APPROVAL Recycling Committee Meeting, January 8, 2002 Minutes of Investment Oversight Committee Meeting, January 10, 2002 Minutes of Regular Meeting, January 10, 2002 Minutes of Special Meeting, February 6, 2002 The Minutes for the Recycling Committee Meeting of January 8, 2002, were approved as distributed. The Minutes for the Investment Oversight Committee Meeting of January 10, 2002, were removed for further discussion. The Minutes for the Regular Meeting of January 10, 2002, were removed for further discussion. The Minutes for the Special Meeting of February 6, 2002, were approved as distributed. �,, COSTA MESA SANITARY DISTRICT 3 g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 • PAGE MANAGER'S REPORTS REFUNDS No refunds were requested. OCCUPANCY REPORT Occupancy Report and The Trash Occupancy Count was removed for further Payment of discussion. $172,612.97 to Costa Mesa Disposal — February 2002 ENGINEER'S REPORTS Project Status Report The Project Status Report dated February 2002, was accepted as submitted. • TREASURER'S REPORTS Financial report as of The Financial Report for February 1, 2002 was February 1, 2002 received and filed. Report of Monies on The Report of Monies on Deposit as of February 1, Deposit as of February 2002, was received and filed. 1,2002 Warrant 2002 -8 for Warrant Resolution #CMSD 2002 -8 was approved, February 2002 in the authorizing the President and Secretary to sign the amount of warrant and instructing the Finance Department to $1,361,354.99 draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $1,361,354.99. .......................... END OF CONSENT CALENDAR .......................... President Schafer reported an error on page 9 of the Minutes of the Regular Meeting, January 10, 2002, under Local Agency Formation Commission . (LAFCO). The Minutes report as follows: COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 LAFCO is involved with a Leadership Conference at Lake Arrowhead January 13, 14, and 15, 2002. President Schafer and Director Worthington will be attending the conference. The Minutes will be amended to reflect the following: LAFCO is involved with a Leadership Conference at Lake Arrowhead January 13, 14, and 15, 2002. President Schafer and Director Ferryman will be attending the conference. Vice President Woodside motioned to approve the Minutes of the Regular Meeting, January 10, 2002, as amended. Secretary Perry seconded. Motion carried unanimously. Mr. Harriers reported there is an error on the Trash Occupancy Count dated February 7, 2002. The last line reads as follows: Said payment in the amount of $172,612.97 to be ratified on the January 2002 warrant list. • The Trash Occupancy Count will be amended to reflect the following: Said payment in the amount of $172,612.97 to be ratified on the March 2002 warrant list. The Trash Occupancy Count documented an increase of 3 units in the occupancy report for solid waste collection as of February 1, 2002. Therefore, the total for February is 21,004. Board directed Staff to prepare a warrant for $172,612.97 to Costa Mesa Disposal on March 1, 2002, for payment for February trash collection based on the February count of 21,004. Vice President Woodside motioned to approve the Trash Occupancy Count dated February 7, 2002, as amended. Secretary Perry seconded. Motion carried unanimously. Vice President Woodside inquired as to why the Minutes for the Investment Oversight Committee Meeting of January 10, 2002, did not reflect that Secretary Perry was in attendance. Secretary Perry reported that he was there as an observer only. Vice President Woodside motioned to approve the Minutes for the Investment Oversight Committee Meeting of January 10, 2002, as presented. Secretary 40 Perry seconded. Motion carried unanimously. • COSTA MESA SANITARY DISTRICT g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 PAGE WRITTEN COMMUNICATIONS Mr. Hamers reported there were no written communications. PUBLIC COMMENTS There were no public comments, 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 statistics for the month of January 2002. The number of calls for service for scavenging is as follows: 1 ncatinn Calls fnr Sarvice Cite /Arrest Area 1 2 2 Area II 3 1 Area III 1 1 Area IV 0 0 TOTAL 6 4 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Shef presented the ordinance enforcement summary report for the five - week period beginning December 24, 2001 and ending January 27, 2002. Mr. Shef distributed 45 courtesy flyers during this period. CMSD STRATEGIC PLAN REVIEW OF FIRST YEAR ACTION ITEMS ITEM 4.1 — PUBLIC OUTREACH PROGRAM CIRCLE OF SERVICE AWARD FOR NATE READE Ms. Revak reminded Board members the Circle of Service Award to honor Nate Reade will be held on Friday, March 22, 2002, at 11:30. • a.m., and noted that President Schafer, Director Ferryman, and Mr. Hamers will be speaking at the ceremony. Formal invitations are being addressed and will be mailed out by the City. COSTA MESA SANITARY DISTRICT 'w. a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING „, FEBRUARY 14, 2002 . PAGE 6 DEVELOPMENT OF STRATEGIC PLAN FEBRUARY 6, 2002 STUDY SESSION Mr. Hamers reported the Study Session was very productive. The Board identified 15 items to be pertinent for discussion at the upcoming Strategic Planning Session. FEBRUARY 15, 2002 INTERVIEWS AND FEBRUARY 16, 2002 WORKSHOP Ms. Revak prepared a Strategic Planning book for all directors containing the Minutes from the Study Session of February 6, 2002, and additional useful information. The Interviews with Mr. Rauch will be held at the Civic Center. The Workshop will be held at the Neighborhood Community Center, Saturday, February 16, 2002, at 8:00 a.m. RECYCLING REPORTS • WASTE DIVERSION REPORT — DECEMBER 2001 Vice President Woodside motioned to approve the Waste Diversion Report for December showing a diversion rate of 50.08 percent. Director Ferryman seconded. Motion carried unanimously. WASTE DIVERSION REPORT — JANUARY 2002 Vice President Woodside motioned to approve the Waste Diversion Report for January showing a diversion rate of 50.06 percent. Director Ferryman seconded. Motion carried unanimously. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL FOR JANUARY 2002 Director Ferryman motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of January 2002 in the amount of $155,885.93. Secretary Perry seconded. Motion carried unanimously. RECYCLING COMMITTEE — FEBRUARY 12. 2002 — 9:30 A.M. PRESIDENT SCHAFER AND DIRECTOR FERRYMAN • Mr. Hamers reported Director Worthington was ill and unable to attend the meeting. Director Ferryman was in attendance in Director Worthington's place. COSTA MESA SANITARY DISTRICT 3 ul • g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 • PAGE 7 STANDARDIZED CONTAINER PROGRAM Mr. Fauth presented a matrix depicting the current status of Roto orders for the standardized containers from July 2001 to January 2002. Mr. Fauth summarized the report for the Board, reporting he anticipates an 8% increase in the total number of cans distributed and an approximate 2% cost underrun for the $2.2M program. TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak reported the award presentations for the sixth annual school telephone book recycling contest are being presented and the schools are very appreciative. The Recycling Committee discussed increasing the dollar amount of the awards to the winning schools. Awards for the 2001 contest totaled to $10,005. CHRISTMAS TREE RECYCLING - FINAL REPORT Ms. Revak reported the total tonnage for the Christmas Tree Recycling • program is 96.64 tons. The District has requested reimbursement from The City of Costa Mesa in the amount of $4,638.72. GREETING CARD RECYCLING Mr. Fauth reported 702 pounds of greeting cards were collected and sent to St. Judes Ranch for Children. Ms. Susan Campbell, Mail Box Center, will provide free labor and packaging to ship the cards to St. Judes. The District will pay for shipping of approximately $135. Ms. Revak reported the Committee recommended extending the collection notice for next year's program through month -end January 2003. A copy of the letter and Certificate of Appreciation thanking Ms. Campbell for her contribution was distributed. Director Ferryman motioned to approve the Certificate of Appreciation to Susan Campbell. Secretary Perry seconded. Motion carried unanimously. Director Worthington will deliver the letter and framed Certificate of Appreciation to Ms. Campbell. 11 COSTA MESA SANITARY DISTRICT 5 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14,2002 • PAGE 8 ENGINEER'S REPORTS EMERGENCY WORK Mr. Hamers provided a report to the Board outlining the emergency items requiring immediate repair so as not to endanger the public. Director Ferryman motioned to ratify the actions of the Manager in the emergency work. Secretary Perry seconded. Motion carried unanimously. SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD WASTE DISCHARGE REQUIREMENTS Mr. Hamers reported he is waiting to see the outcome of the public review draft. PROJECT NO. 155 - MASTER PLAN UPDATE Mr. Hamers reported the draft will be printed after the Strategic Plan Meeting. • PROJECT NO. 168 - TUSTIN AVENUE PUMPING STATION REMODEL PROPOSAL TO BEGIN DESIGN PHASE Mr. Hamers presented a project description for the Tustin Avenue Pumping Station Remodel. In accordance with the project as proposed in the Capital Improvement Program and as supported by the Norris -Repke independent engineer's review, it is proposed to complete the design phase at the following hourly rates not to exceed $32,500. Engineering $ 70.00 /hour Surveying (2 -man crew) 165.00 /hour Soils Report At cost Director Ferryman motioned to approve the proposal to begin the design phase of the Tustin Avenue Pumping Station Remodel, not to exceed $32,500. Vice President Woodside seconded. Motion carried unanimously. n f_J COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14,2002 2051 -2053 NEWPORT BOULEVARD NEW CMSD EASEMENT Mr. Hamers presented a report for consideration of acceptance of new sewer easements along with a resolution to vacate the District's interest in a public utility easement over the Self Storage property at 2051 Newport Boulevard. The new Self Storage building is causing the relocation of the existing CMSD sewer line traversing the property. The relocation will be done at no cost to the District. Mr. Burns reviewed the document and reported the Board would need to make a finding that there are no other public facilities located within the easement. Mr. Hamers reported there were other utilities that are taking the same action of vacating their interest in the easement and recommended the District accept the new easement and vacate the old easement. • Director Ferryman motioned to accept the new easement. Secretary Perry seconded. Motion carried unanimously. RESOLUTION NO. 2002 -658 - VACATING EXISTING EASEMENT Mr. Hamers introduced RESOLUTION NO. 2002 -658, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF THE DISTRICT'S INTEREST IN AN EASEMENT FOR PUBLIC UTILITIES. Vice President Woodside motioned to adopt Resolution No. 2002 -658 with the wording change requested by Alan Burns. Secretary Perry seconded. Motion carried unanimously. PROJECT NO. 162 - PILOT PROGRAM - USE OF ENZYMES FOR GREASE AND ODOR CONTROL Mr. Hamers presented a report to recommend the District put the pilot program — Use of Enzymes for Grease and Odor Control, on hold and join the Regional Study. • Mr. Hamers recommended the Board authorize payment to the Orange County Sanitation District of up to $17,000 for its share of the Phase I Study. The funds will be obtained from Project #162. Mr. Hamers will be taking an COSTA MESA SANITARY DISTRICT 3 g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 • PAGE 10 active role in overseeing the project. A preliminary scope was provided to the Board for their review Secretary Perry motioned to approve joining the Orange County Sanitation District for the Regional Study, up to a cost of $17,000. Vice President Woodside seconded. Motion carried unanimously. TREASURER'S REPORTS TWO PERCENT ASSESSMENT APPEALS CASE Mr. Puckett presented a letter from David E. Sundstrom, Auditor - Controller to Supervisors Coad, Smith, Silva, Spitzer, and Wilson regarding the two percent assessment appeals case. Mr. Puckett pointed out the effect on the District as estimated by the auditor - controller. Mr. Puckett provided a synopsis of the circumstances the District would face, depending on the outcome of the case. Mr. Puckett will keep the Board informed. ATTORNEY'S REPORTS • RESOLUTION NO. 2002 -657 - ORDERING THAT PUBLICATION OF ORDINANCE NO. 39 AMENDING THE DISTRICT'S OPERATIONS CODE AND ESTABLISHING A LOCAL CLAIMS PROCEDURE HAS OCCURRED Vice President Woodside motioned to adopt RESOLUTION NO. 2002 -657, ORDERING THAT PUBLICATION OF ORDINANCE NO. 39 AMENDING THE DISTRICT'S OPERATIONS CODE AND ESTABLISHING A LOCAL CLAIMS PROCEDURE HAS OCCURRED. Secretary Perry seconded. Motion carried unanimously. MARANGELL V CITY OF COSTA MESA AND COSTA MESA SANITARY DISTRICT AND GENERAL DISCUSSION OF LATERAL LIABILITY ISSUES (ATTORNEY - CLIENT MEMO PREVIOUSLY DISTRIBUTED) Mr. Hamers presented a memorandum to Mark Taylor, Risk Management Analyst, City of Costa Mesa regarding the Marangell case. The Board will discuss the issue of sewer laterals during the Strategic Plan Workshop. Mr. Burns presented a synopsis of his report to the Board. Mr. Burns suggested preparing a document to be used in small claims court by the • District in cases involving lateral liability. COSTA MESA SANITARY DISTRICT ( w", g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14,2002 • PAGE 11 Director Ferryman motioned to direct Mr. Burns to prepare a document for use by the Board and staff concerning the legal issues of lateral liability. Secretary Perry seconded. Motion carried unanimously. HOME GARDENS SANITARY DISTRICT V. CITY OF CORONA Mr. Burns reported the Court of Appeal issued a favorable tentative decision in Home Gardens Sanitary District v City of Corona. The decision holds that a city may generally not interfere with a sanitary district's exercise of its power. The decision had been designated as not being published. Mr. Burns had suggested it may be useful to urge the Court to publish this case as it would provide a useful precedent. President Schafer assisted in getting CSDA to support the publishing of the case. Mr. Burns also received support from CASA to have the case published. At the meeting Mr. Burns announced that the Court of Appeals had just ordered the case certified for partial publication, thereby making the decision precedent in California law. LOCAL MEETINGS • ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING — JANUARY 23, 2002 Director Ferryman attended a committee meeting on January 23, 2002. • Shirley McCracken elected to the position of Vice Chair. • Preparation of tape requesting input on waiver. (Ms. Revak will obtain a copy for the Board) • EPA supported the waiver for San Diego MONTHLY BOARD LETTER UPDATE The Monthly Board Letter was provided in the Board packets. SANTA ANA RIVER FLOOD PROTECTION AGENCY MEETING — JANUARY 24, 2002 Director Ferryman provided the minutes of the Santa Ana River Flood Protection Agency. • • Orange County has received $94 million of Subvention Funding from the State of California. • Approximately $48 million slated for approval and future payment. COSTA MESA SANITARY DISTRICT s MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 • PAGE 12 Secretary Perry inquired as to whether the Board wanted to appoint a Staff member as Alternate to attend the meetings. Staff will consider INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) QUARTERLY MEETING — WEDNESDAY, JANUARY 30, 2002 President Schafer attended the Quarterly ISDOC meeting and reported the following: • Amended the By -Laws • Speakers were Bob Hill, General Manager, El Toro Water District and Ron Briles, General Manager, Midway City Sanitary District. Directors Perry and Worthington and Staff Members Rob Hamers, Tom Fauth and Joan Revak also attended the Quarterly Meeting. President Schafer provided materials for the Board's perusal. LOCAL AGENCY FORMATION COMMISSION ( LAFCO) • President Schafer attended the LAFCO Meeting on February 13, 2002, and reported on the following: • South County water study Five year review of cities and special districts • President Schafer appointed to executive Board of LAFCO • Tour of Costa Mesa /Newport Beach annexation area in March • Public hearing on Costa Mesa /Newport Beach annexation to be held in May or June WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) President Schafer attended the WACO meting on February 1, 2002, and reported on the following: • Regional OCWD and MWDOC meeting to discuss grease control • South County water study • Regional Board discussion on septic tanks • Mark Slyths, Santa Ana Regional Water Quality Control Board, spoke on environmental resources in Orange County • Chris Crompton, manager of Environmental Resources, County of • Orange, discussed grease control • Lynn Daucher's bill AB 1356 Reform Local Government • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG) President Schafer attended the January 24, 2002, OCCOG meeting and reported they discussed the following: • Attendance at general meetings • Elections held for new Chair and Vice Chair CHAMBER OF COMMERCE LEGISLATION COMMITTEE President Schafer attended the meeting and provided a report on CMSD programs. MEMBERSHIP INVESTMENT FOR 411102 To 4/1103 Director Ferryman motioned to approve membership to the Chamber of Commerce for 4/1/02 to 4/1/03 in the amount of $360.00. Secretary Perry seconded. Motion carried unanimously. ORANGE COUNTY LEADERSHIP SYMPOSIUM - LAKE ARROWHEAD JANUARY 12 -13, • 2002 (PRESIDENT SCHAFER AND DIRECTOR FERRYMAN) President Schafer reported the Leadership Symposium was very productive. President Schafer distributed materials for the Board's perusal. CSDA CSDA SEMINAR "PRACTICALITIES 2002 - GOVERNING TOGETHER" - JANUARY 24 -25, 2002 - PALM SPRINGS (ART PERRY) Secretary Perry attended the two -day conference and requested Ms. Revak send a copy of the CMSD videotape to an East Kern Airport District Director. CSDA GOVERNMENT AFFAIRS DAY- SACRAMENTO- MARCH 11, 2002 President Schafer reported the CSDA Government Affairs Day will be held in Sacramento on March 11, 2002. Director Worthington expressed a desire to attend. Interested directors will contact Ms. Revak for reservations. 11 COSTA MESA SANITARY DISTRICT ' ^ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 14, 2002 • PAGE 14 CMSD /CITY OF COSTA MESA/ MESA CONSOLIDATED WATER DISTRICT LIAISON COMMITTEE MEETING - JANUARY 23, 2002, (PRESIDENT SCHAFER, DIRECTOR WORTHINGTON, AND MANAGER/DISTRICT ENGINEER ROB HAMERS) President Schafer, Director Worthington, and Mr. Hamers attended the January 23, 2002 meeting. The Committee discussed, among other items, whether grant funding could apply to utility relocations as well as road improvements WESTSIDE REDEVELOPMENT ACTION COMMITTEE Mr. Harriers reported it would not be appropriate for the District to join the Westside Redevelopment Action Committee. OLD BUSINESS 0 There was no old business reported. NEW BUSINESS GIRL SCOUT COMMUNITY EVENT- MAY 18, 2002 The Girl Scouts will be holding an event at the Fairgrounds on May 18, 2002, and requested District participation by hosting a booth to provide information on CMSD functions in the community. ORAL COMMUNICATIONS Director Worthington inquired with whether the District is going forward with the e- waste. Mr. Harriers reported staff is finalizing the details through Curbside, Inc. and will provide a report to the Recycling Committee President Schafer reminded Directors that the individual interviews with Mr. Rauch will be held in room 5A of the Civic Center. Ms. Revak advised that Saturday's Workshop will be held at the Neighborhood Community Center in the • Paularino Room. Y4 n U ADJOURNMENT COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING At 7:43 p.m., President Schafer adjourned the meeting. 0 40 FEBRUARY 14, 2002 PAGE 15