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Minutes - Board - 2003-01-090 • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on January 9, 2003, at 6:00 p.m. Conference Room 1 -A at the Civic Center, 77 Fair Drive, Costa Mesa. President Schafer called the meeting to order at 6:00 p.m. Costa Mesa Girl Scout Association 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; Bobby Young, Finance, Ron Shef, District Ordinance Enforcement Officer OTHERS PRESENT: Girl Scouts Troup 1148 Marion Rutledge Shanice Douglas Beth Llamas Jazzmyne Cry Nassim Kavezade Lynette Franklin Jasimine Kavezade Margaret Rutledge Carol Hamilton Paula Llamas Cara Holmes Pedro Llamas L J �,YFIG,F� $ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 PRESENTATION TO COSTA MESA GIRL SCOUT ASSOCIATION Director Worthington presented the Costa Mesa Girl Scout Association with a check for $100.00; a portion of monies received from the sale of a set of 1928 model Ford rims and tires that had been brought to the Used Tire Roundup. The Costa Mesa Girl Scout Association was chosen as a recipient of the money in recognition of their efforts in conservation, environmental awareness and recycling. Mr. Hamers reported he represented the District at a Girl Scout event at the Orange County Fairgrounds last year with a booth where the Girl Scouts viewed the CMSD video. Mr. Hamers reported the Girl Scouts have a fantastic program and the District is very happy to contribute to their good cause. The Girl Scout Troup left the meeting. . ............................... CONSENT CALENDAR . ............................... • President Schafer requested the Minutes of the Regular Meeting, December 12, 2002, be revised as follows: ORAL COMMUNICATIONS AND DIRECTORS COMMENTS President Schafer reported there was a need to add an item to the agenda regarding Director Ferryman's retirement from the school district board. The retirement event was later that evening. Director Perry motioned that the need arose after the agenda was prepared and there was a need to take immediate action. Vice President Woodside seconded. Motion carried 4 -0. Director Ferryman did not vote. Director Perry motioned to approve a proclamation for Director Ferryman to be presented to Director Ferryman at a meeting later that evening. Vice President Woodside seconded. Motion carried 4 -0. Director Ferryman did not vote. Director Ferryman motioned to approve the Consent Calendar with the modification to the paragraph regarding approval of a proclamation for Director Ferryman. Director Perry seconded. Motion carried 5 -0. n U • • • •s,auurr& COSTA MESA SANITARY DISTRICT roam MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 PAGE 3 REPORTS MINUTE APPROVAL Minutes of Special Meeting December 9, 2002 Minutes of Recycling Committee Meeting, December 10, 2002 The Minutes of the Special Meeting of December 9, 2002, were approved as distributed. The Minutes for the Recycling Committee Meeting of December 10, 2002, were approved as distributed. Minutes of Regular The Minutes for the Regular Meeting of December Meeting, 12, 2002, were revised as noted and approved. December 12, 2002 MANAGER'S REPORTS REFUNDS There were no refunds for the month of December 2002 OCCUPANCY REPORT Occupancy Report and The Trash Occupancy Count documented a Payment of $177,905.98 decrease of 4 units in the occupancy report for to Costa Mesa Disposal — solid waste collection as of January 1, 2003. January 2003 Therefore, the total for January is 21,044. Board directed Staff to prepare a warrant for $177,905.98 to Costa Mesa Disposal on February 1, 2003, for payment for January trash collection based on the January count of 21,044. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for December Control Board (RWQCB) 2002 was accepted as submitted. • • n LJ u.o pg ` S COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 PAGE ENGINEER'S REPORTS Project Status Report The Project Status Report dated January 2003, was accepted as submitted. TREASURER'S REPORTS Financial report as of The Financial Report for December 31, 2002, was December 31, 2002 accepted as submitted. Report of Monies on The Report of Monies on Deposit as of December Deposit as of December 31, 2002, was received and filed. 31, 2002 Warrant 2003 -7 for Warrant Resolution #CMSD 2003 -7 was approved, December 2002 in the authorizing the President and Secretary to sign the amount of $703,871.44 warrant and instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $703,871.44. Directors Expenses for the Director Expenses for the Month of December Month of December 2002 were ratified as follows: 2002 Director Ferryman: $510.00 Director Perry: $680.00 President Schafer: $1,020.00 Vice President Woodside: $340.00 Director Worthington: $510.00 .......................... END OF CONSENT CALENDAR .......................... WRITTEN COMMUNICATIONS Mr. Hamers reported receiving a thank you card from St. Jude's Ranch for Children, recipient of the recycled cards from the Holiday Card Recycling Program. u • is 1XX1 �' 'y COSTA MESA SANITARY DISTRICT $ - 5 roXX MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 PAGE 5 PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS ANTI- SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Mr. Hamers presented a memorandum providing the scavenging statistics for October as follows: Location Calls for Service Cite /Arrest Area 1 0 1 Area II 2 1 Area III 1 2 Area IV 0 0 TOTAL 3 4 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Harriers presented the ordinance enforcement summary report for the four -week period beginning November 25, 2002 and ending December 22, 2002. Mr. Shef distributed approximately 45 courtesy flyers during this period. Director Worthington commented he was disappointed to read of the resident who displayed anger by throwing his containers over the gate when the Ordinance Enforcement Officer attempted to talk to him regarding his containers being in view. Mr. Shef reported he was in the area a few days later and the containers for this individual were in the bed of his truck, backed up to the garage area in an effort to comply with hiding the containers from view. Mr. Burns reported the District does have recourse should the containers be damaged. Mr. Shef reported the containers did not appear damaged. s LJ r1 U @§Nk COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 PAGE 6 CMSD STRATEGIC PLAN YEAR 2002 STRATEGIC PLANNING ACTION ITEMS Mr. Harriers presented the 2002 Strategic Planning Action Items report and stated it was as completed as planned and will be filed. Strategic Planning Special Meeting — January 13, 2003 Ms. Revak reported the Special Meeting has. been set for Monday, January 13, 2003, at noon. STRATEGIC PLANNING WORKSHOP - JANUARY 31, 2003 AND FEBRUARY 1, 2003. Ms. Revak finalized the January 3151 interviews with Board Members. RECYCLING REPORTS WASTE DIVERSION REPORT - DECEMBER 2002 The Waste Diversion Report for December showing a diversion rate of 50.03 percent was received and filed. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL FOR DECEMBER 2002 PAYMENT FOR DECEMBER 2002 SERVICES Director Ferryman motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of December 2002, in the amount of $161,372.61, subject to verification of Staff. Director Woodside seconded. Motion carried 5 -0. s �u� a ` g COSTA MESA SANITARY DISTRICT e�ro MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 • PAGE 7 RECYCLING COMMITTEE — JANUARY 7, 2003— 9:30 A.M. DIRECTOR WORTHINGTON AND DIRECTOR WOODSIDE TELEPHONE BOOK RECYCLING PROGRAM PROGRAM REPORT Director Worthington provided a final report on the School Telephone Book Recycling Program, ending on December 20, 2002, with a total of 16,200 books (32.40 tons) collected. This compares with 14,070 books (28.14 tons) collected in the 2001 program, an increase of 13.15 %. Kline School won in the elementary school category, Charles TeWinkle in the middle school category, and Estancia High School in the high school category. Awards totaling $10,370 will be distributed to the schools. Director Worthington suggested changing the award to Kline School due to the fact that they have a small number of students (70) and brought in the largest number of books in the elementary category (1,520 books, or • 86.86 pounds per student). Director Worthington suggested the program be analyzed for next year with the percentage of books versus students be taken into consideration when determining the distribution formula. Director Perry proposed adding an additional $250 to the Kline School award. The subject of an additional award to the Kline School will be placed on the agenda for the Special Meeting on Monday, December 16, 2002. TELEPHONE BOOK RECYCLING CONTAINER AT KLINE SCHOOL Ms. Revak reported on a complaint regarding the telephone book recycling bin at Kline School on E. 18th Street. The City requested Susan Kline remove the bin but later recanted the decision when they acknowledged the bin was a recycling receptacle and not a trash bin. Ms. Revak further noted the City Council directed its Staff to review and report on the use of small dumpsters as recycling containers for the program. The City Staff will be studying whether the bins should be in a • screened area or enhanced in appearance and prominently displayed, or exempted from normal trash bin regulations and left as is. a _ g COSTA MESA SANITARY DISTRICT rox�* MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 • PAGE 8 CHRISTMAS TREE RECYCLING PROGRAM Director Worthington reported for the second year, the Christmas Tree Recycling Program consisted of trees being collected from the curb by Costa Mesa Disposal with the regular trash. Although the process has changed, the trees are still recycled. President Schafer requested an update on the final result of green waste. HOLIDAY CARD RECYCLING PROGRAM Director Worthington reported the Holiday Card Recycling Program would continue to the end of January. The cards will be sent to St. Jude's Ranch for Children. Mr. Hamers suggested he call the cable TV station and discuss some of the District's programs and offer to provide an interview with Director Worthington. • Director Worthington thanked Staff for the new ad in the Recreation Review. ENGINEER'S REPORTS ANNEXATION NO. 252 — HOME RANCH, MAKING APPLICATION TO LAFCO Mr. Hamers reported the item is not ready for adoption and is anticipated to be ready in February 2003. TREASURER'S REPORTS 457(C) DEFERRED COMPENSATION FOR DIRECTOR PAYMENT Mr. Puckett provided a brief overview of the 457 Deferred Compensation Program and offered in -depth review with Board members individually. Once the plan has been adopted, participation in the plan is entirely voluntary. Mr. Puckett introduced a Resolution Adopting a Deferred Compensation Plan and Trust/Custodial Document and offered the option for the District to join the City's program. Director Ferryman motioned to adopt the Resolution, with • the first option of the District joining the City's current program, and second option, the District having their own plan. Director Perry seconded. Motion carried 5 -0. `Nix4p Y x t a ° COSTA MESA SANITARY DISTRICT a „ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 • PAGE Director Worthington thanked Director Ferryman for bringing the 457(c) Deferred Compensation Program to the Board's attention. Board members wishing to participate will contact Mr. Puckett. INVESTMENT OVERSIGHT COMMITTEE MEETING — JANUARY 9, 2003 Mr. Puckett reported the Investment Oversight Committee Meeting was held prior to the regular Board Meeting and the Minutes would be presented at the February Regular Board Meeting. CMSD AUDITED FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2002 Mr. Puckett presented the Audited Financial Report for Fiscal Year Ended June 30, 2002 provided a brief synopsis of the report, and answered questions for the Board. The Board commended Mr. Puckett for the excellent job he is doing for the District. • ATTORNEY'S REPORTS ORDINANCE NO. 40 — CLARIFYING HOW DISTRICT WILL PAY FOR STANDARDIZED TRASH CONTAINERS FOR NEWLY DEVELOPED PROPERTY Mr. Burns presented a proposed Ordinance, ORDINANCE NO. 40 — CLARIFYING HOW DISTRICT WILL PAY FOR STANDARDIZED TRASH CONTAINERS FOR NEWLY DEVELOPED PROPERTY. Discussion was held. Vice President Woodside motioned to approve Ordinance No. 40, Clarifying How District Will Pay for Standardized Trash Containers for Newly Developed Property. Director Worthington seconded. Motion carried 5 -0. ORDINANCE NO. 41 ENACTING GREASE CONTROL REGULATIONS INTERIM ORDINANCE Mr. Hamers reported Mr. Burns is part of the legal committee working on • the model grease control ordinance for the entire County to incorporate. • • • W y04 ° COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING �ro„m 1 JANUARY 9, 2003 PAGE 10 Mr. Hamers reported the Interim Ordinance was slated to appear on the February agenda, but was placed on the January agenda in case there was an urgent issue or new event for discussion. Mr. Hamers reported discussions with the City will become clearer within the next few weeks. Mr. Hamers suggested the Board consider waiting to adopt an Interim Ordinance until after talking with the City in February, adding that current costs are not extremely significant. Mr. Burns expressed he felt it important to recognize the difference in interests between the District and the City, and to consider that during the negotiation process. Board accepted the report and directed Staff to bring the item back in February as discussed at the 2002 December Regular Board Meeting. AUTHORITY TO ENFORCE GREASE CONTROL IN THE ABSENCE OF AN ORDINANCE Mr. Burns presented a memorandum discussing what the District's authority might be in the absence of an ordinance. Mr. Burns strongly urged the Board to adopt an interim ordinance to establish the necessary authority. REVISED AGREEMENT WITH CR TRANSFER Mr. Burns reported he worked with Mr. Puckett and Mr. Hamers to develop a draft of the Revised Agreement with CR Transfer, approved in concept at the December 2002 Regular Board Meeting. Mr. Puckett reported the key changes were clarifying the CPI language with a limit on the annual CPI as well as over the term of the agreement. The revised agreement will be presented to CR Transfer, and a signed agreement is anticipated. a COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING • JANUARY 9, 2003 PAGE 11 LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING — DECEMBER 18, 2002 Director Ferryman attended the December 18, 2002, Orange County Sanitation District meeting and reported the following: • Committee approval of 12.5 million dollars in project funding in the last three years, 4.5 million spent to date • Director Ferryman to attend Orange County Symposium and represent OCSD and will provide a report to the CMSD Board SANTA ANA RIVER FLOOD PROTECTION AGENCY Director Ferryman reported there was no Santa Ana River Flood • Protection Agency meeting. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) ANNUAL MEETING — JANUARY 30, 2003 AT MWDOC BI- ANNUAL ELECTION OF OFFICERS President Schafer reported the following: The Annual General Meeting will be held on Thursday, January 30, 2003, at MWDOC. Speakers will be Phil Anthony, Chairman of the Orange County Council of Governments, and Chris Norby, newly - elected Supervisor to the 3rd District. Election of ISDOC officers will be held. President Schafer will not be voting in the election because she is running for a position and requested an alternate be appointed. Director Ferryman reported he would be attending the ISDOC meeting. Vice President Woodside motioned to appoint Director Ferryman as designated voting member at the ISDOC meeting of January 30, 2003, representing the Costa Mesa Sanitary District. Director Perry seconded. • Motion carried 5 -0. s' g COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 • Directors Schafer, Ferryman, Worthington, and Perry will be attending the ISDOC meeting. Vice President Woodside will advise Ms. Revak of his availability to attend the ISDOC meeting. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer will be attending the January 10, 2003 meeting in Sacramento. Government Affairs Day in Sacramento will be held March 31 to April 1, 2003. The annual CSDA Conference will be at the Squaw Creek Resort in Lake Tahoe, September 16 -18. The topic will be rising costs may make companies leave California. President Schafer provided materials for the Board's perusal. 2003 MEMBERSHIP DUES OF $2,330.00 Director Ferryman motioned to approve membership dues of $2,330.00 for CSDA. Director Perry seconded. Motion carried 5 -0. • LOCAL AGENCY FORMATION COMMISSION ( LAFCO) COSTA MESA AND NEWPORT BEACH ANNEXATIONS President Schafer attended the January 8, 2003, meeting and reported the following: • President Schafer was elected Chairman of Orange County LAFCO. • Supervisor Chuck Smith was elected to Vice Chairman. • Final Study of Moulton Niguel/El Toro consolidation received and filed. • Reconsideration of Emerald Bay Service District Reorganization will come back to LAFCO Board with all three parties providing reports (Emerald Bay, Laguna Beach County Water District, and Moulton Niguel Water District). • `a COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 • PAGE 13 WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) President Schafer attended the January 3, 2003 meeting and reported the following: • David Cordero, Staff of MWDOC, provided an update on Sacramento - $35 Million Budget Shortfall Program • Don Ortega, Vice President External Affairs, Metropolitan Water District of Southern California, reported on negotiations on the water problem and the Salton Sea • Colorado River water • Gilbert Ivey, Vice President and Board Executive Officer from Metropolitan Water District of Southern California — Let the Recreation begin in 2003 — spoke on Diamond Valley Lake and presented the Master Plan on a regional look and how Diamond Lake will be split up in parts ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) • President Schafer had no report. CHAMBER OF COMMERCE President Schafer attended the January 7, 2003 meeting and reported the following: • Federal, State, County, City, Sanitary District, Edison, OCTA, OC College and State Farm provided reports • Dates for future meetings were presented OLD BUSINESS SPECIAL DISTRICTS INSTITUTE GOVERNANCE SEMINAR & WORKSHOPS FEBRUARY 26 — MARCH 1, 2003 — MONTEREY, CA Director Worthington will be attending the Special Districts Institute Governance Seminar and Workshop for the Wednesday program only. CITY OF COSTA MESA 50 -YEAR ANNIVERSARY • Staff reported they have not yet completed their research on the anniversary and had no new information for the Board. Y4 o' ,4 COSTA MESA SANITARY DISTRICT sro MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 • PAGE 14 CSDA GOVERNANCE SERIES WORKSHOPS — RANCHO MIRAGE — JANUARY 16, 2003 Directors Worthington and Schafer, and Ms. Revak will attend the CSDA Governance Series Workshop on January 16, 2003. President Schafer reported this workshop would count as an elective toward a certificate from CSDA. NEW BUSINESS SPECIAL DISTRICT RISK MANAGEMENT ASSOCIATION (SDRMA) REQUEST TO COMBINE SDRMA AND SDWCA RESOLUTION NO. 2003 -665 — APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIFTH AMENDMENT AND RESTATED JOINT POWERS AGREEMENT is Mr. Hamers presented the request to combine SDRMA and SDWCA. Staff had reviewed the information and recommended adoption of the resolution. Director Ferryman motioned to adopt Resolution No. 2003 -665, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA). Vice President Woodside seconded. Motion carried 5 -0. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Mr. Hamers commended Director Worthington for the presentation to the Girl Scouts. Mr. Hamers congratulated President Schafer on her election as Chairman of LAFCO. Director Ferryman reported he will be working at a new location and will provide Board Members with his new contact information. • Vice President Woodside requested a tour of sewer construction in new residential areas J° COSTA MESA SANITARY DISTRICT 4yro {{ a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 9, 2003 `J ADJOURNMENT At 6:55 p.m., President Schafer adjourned the meeting. C. SF_CRETtiYRY_ • 11