Minutes - Board - 2003-11-12C J
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
NOVEMBER 12, 2003
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
November 12, 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.
Claire and Leah Woodside led the
pledge.
Director Woodside gave the invocation.
DIRECTORS PRESENT: Arlene Schafer, Greg Woodside, Art
Perry, James Ferryman, Dan Worthington
DIRECTORS ABSENT: None
STAFF PRESENT: Robin Harriers, Manager /Engineer; Alan
Burns, Legal Counsel; Tom Fauth,
Assistant Manager; Joan Revak, Clerk of
the District; Marc Puckett, Treasurer;
Bobby Young, Finance; Debbie Bjornson,
Permit Processing Specialist; Denise
Gilbert, Permit Processing Specialist.
OTHERS PRESENT: Claire Woodside
Leah Woodside
. ............................... CONSENT CALENDAR . ...............................
Director Perry motioned to approve the Consent Calendar with the correction to
the spelling of President Schafer's name in the Investment Oversight Committee
Meeting Minutes of October 8, 2003. Director Woodside seconded. Motion
carried 5 -0.
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may+ + +�o „g COSTA MESA SANITARY DISTRICT
a +' MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
NOVEMBER 12, 2003
PAGE 2
REPORTS
MINUTE APPROVAL
Minutes of Recycling
Committee Meeting,
October 7, 2003
Minutes of Investment
Oversight Meeting,
October 8, 2003
Minutes of Regular
Meeting,
October 8, 2003
Minutes of Special
Meeting,
October 13, 2003
MANAGER'S REPORTS
Refunds
The Minutes of the Recycling Committee Meeting
of October 7, 2003, were approved as distributed.
The Minutes of the Investment Oversight Meeting
of October 8, 2003, were approved as corrected.
The Minutes of the Regular Meeting of October 8,
2003, were approved as distributed.
The Minutes of the Special Meeting of October 13,
2003, were approved as distributed.
There were no refunds submitted.
Occupancy Report and The Revised Trash Occupancy Count documented
Payment of $181,855.78 a decrease of 12 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of November 1, 2003.
November 2003 Therefore, the total for November is 21,073.
Board directed Staff to prepare a warrant for
$181,855.78 to Costa Mesa Disposal on December
1, 2003, for payment for November trash collection
based on the November count of 21,073.
Monthly Spill Report to The Monthly Spill Report to the Regional Water
Regional Water Quality Quality Control Board (RWQCB) for October 2003
Control Board (RWQCB) was accepted as submitted.
Standardized Container The Standardized Container Program — Lifting Bar
Program — Lifting Bar Replacement Update was accepted as submitted.
Replacement Update
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
ro..� NOVEMBER 12, 2003
PAGE
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated November 2003,
was accepted as submitted.
TREASURER'S REPORTS
Financial Report as of The Financial Report as of October 31, 2003, was
October 31, 2003 accepted as submitted.
Report of Monies on The Report of Monies on Deposit as of October 31,
Deposit as of 2003, was received and filed.
October 31, 2003
Warrant 2004 -05 for Warrant Resolution #CMSD 2004 -05 was
November 2003 in the approved, authorizing the President and Secretary
amount of $601,636.62 to sign the warrant and instructing the Treasurer to
draw a warrant from the Costa Mesa Sanitary
District General Fund in the amount of
$601,636.62.
Directors Expenses for the Director Expenses for the Month of September
Month of September 2003 2003 were ratified as follows:
Director Ferryman:510.00 + $39.24
Director Perry: $850.00
President Schafer: $1,020.00 + 14.40
Vice President Woodside: $850.00
Director Worthington: $1,020.00
.......................... END OF CONSENT CALENDAR ..........................
WRITTEN COMMUNICATIONS
Mr. Harriers reported there were no written communications received.
PUBLIC COMMENTS
There were no public comments made.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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NOVEMBER 12, 2003
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MANAGER'S REPORTS
ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT
REPORTS
POLICE REPORT
Mr. Hamers presented a memorandum providing the scavenging statistics
for September as follows:
Location Calls for Service Cite /Arrest
Area 1
2
4 (+ 1 out of city
bounds
Area II
1
0
Area III
2
1
Area IV
0
0
TOTAL
5
6
• President Schafer requested Staff prepare a letter to the new Chief of the
Costa Mesa police department thanking them for their increased
enforcement of the code and to convey that the District is looking forward
to working with them.
DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT
Mr. Hamers presented the ordinance enforcement summary report for the
five -week period beginning September 22, 2003 and ending October 26,
2003.
Mr. Shefs summary report contained the following information:
• 45 flyers given to residents and 11 containers oversprayed and ID
tagged.
• Distributed flyers for used tire round up.
CMSD STRATEGIC PLAN
YEAR 2003 ACTION ITEMS
Mr. Hamers presented the Strategic Planning Action Items list with status
for each item for reference purposes. Director Perry motioned to receive
• and file the report. Director Woodside seconded. Motion carried
unanimously.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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PAGE 5
INSTITUTIONAL ISSUES
Mr. Fauth reported meeting with five realtors in an effort to locate suitable
property for the District's offices. Mr. Fauth reported one of the realtors
was very responsive to the District's needs.
Discussion was held regarding possible locations, fees, and timing
regarding the acquisition of a property. Mr. Fauth reported no agreement
has been entered into.
Mr. Fauth will provide updates to the Board as new information comes in.
Mr. Burns discussed the process of condemnation.
Director Ferryman reported the City was agreeable to modifying the
District's agreement regarding term of current lease to either extend or
shorten the term.
MEETING WITH CITY HELD ON OCTOBER 29, 2003
MEMO FROM MANAGER TO BOARD
Mr. Hamers presented a Memorandum dated November 4, 2003,
recapping the meeting between President Schafer, Director
Ferryman, Rob Hamers, City Council Member Libby Cowan, City
Council Member Mike Schaefer, and City Manager Allan Roeder.
President Schafer requested a clarification regarding the following
bullet point item:
• The City will authorize the City Attorney's office to modify the
City /District Agreement for review and approval by both parties.
President Schafer requested the bullet item clearly state the City
Attorney will be drafting the revised Agreement which will then be
sent to Mr. Burns for review.
Mr. Hamers will modify the language before sending the letter to the City.
COSTA MESA SANITARY DISTRICT
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FOLLOW up LETTER TO CITY OF COSTA MESA
Director Perry motioned to direct staff to continue on with efforts of
relocating administrative staff to become independent of the City of
Costa Mesa, and to write a follow -up letter from President Schafer to
the City Council to summarize the October 29, 2003 meeting and
clarify the language regarding the City Attorney as directed by the
Board. Director Woodside seconded. Motion carried 5 -0.
YEAR 2004 STRATEGIC PLAN
Mr. Hamers provided a memorandum dated October 17, 2003, providing
options for the Board's consideration regarding the Year 2004 Strategic
Plan based on the large volume of work necessary by Staff to relocate the
Administrative Staff.
1. Consider the Year 2003 Strategic Plan to be a two -year effort and
suspend the February 2004 workshop until Year 2005. The Year 2003
program would be renamed Year 2003 -2004 Strategic Plan.
• 2. Hold the Year 2004 strategic planning workshop in February but
reduce the Year 2004 Strategic planning action item list to only two or
three items.
3. Hold the strategic planning workshop in February as normal but
consider it to be a two -year effort. The plan would be named Year
2004 -2005.
The Board chose option 1 unanimously. Ms. Revak will notify the District's
strategic planning consultant.
RECYCLING REPORTS
WASTE DIVERSION REPORT — SEPTEMBER 2003
The Waste Diversion Report for September, showing a diversion rate of
50.12, was presented to the Board.
WASTE DIVERSION REPORT — OCTOBER 2003
The Waste Diversion Report for October showing a diversion rate of
• 50.06, was presented to the Board.
ev COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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PAGE 7
Director Ferryman motioned to receive and file the Waste Diversion
Reports for September and October. Director Worthington seconded.
Motion carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL
PAYMENT FOR OCTOBER 2003 SERVICES
Director Ferryman motioned to approve contract payment to CR Transfer for
recycling services and disposal for the month of October 2003, in the
amount of $170,636.09. Director Woodside seconded. Motion carried 5 -0.
RECYCLING COMMITTEE - WEDNESDAY, NOVEMBER 12, 2003
STRATEGIC PLANNING 2003 - PUBLIC OUTREACH - CLASSROOM RECYCLING
PROJECTS
Director Worthington reported a presentation was held at Davis School
where 300 children, 10 classes of 6th grade students, were present.
• COSTAMAZING - DISTRICT PARTICIPATION
Director Worthington provided a sample of the peppercorns. The insert
will be revised to contain the date. Approximately 200 packets will be
assembled for distribution at the anniversary celebration.
2003 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM
Director Worthington reported the 2003 School Telephone Book Recycling
Program will begin on December 1, 2003 and run to January 12, 2004. A
flyer for the event showing the location for the drop -off bins was distributed
to the Board.
2003 CHRISTMAS TREE RECYCLING PROGRAM
Director Worthington reported the 2003 Christmas Tree Recycling
Program will begin on December 26, 2003 and run to January 3, 2004.
PUBLIC RESTROOMS
Director Worthington reported discussion regarding the issue of public
restrooms will be taken up at some time in the future due to the number of
• projects currently being pursued.
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NOVEMBER 12, 2003
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ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS - ( WDR)
GENERAL UPDATE
Mr. Hamers reported Mr. Burns has been working very hard on the model
grease ordinance that will be adopted by most of the agencies in Orange
County.
Mr. Burns reported they are waiting for the technical comments from the
County Sanitation District.
TREASURER'S REPORTS
Mr. Puckett provided information regarding one technical violation in the Report
of Monies on Deposit; the percentage in one fund slightly exceeding the
allowable percentage. Next year's revisions to the Investment Policy will include
changes to allow the higher percentage.
10 ATTORNEY'S REPORTS
COSTA MESA DISPOSAL STOCK ACQUISITION BY CR &R
Mr. Burns reported CR &R proposed to purchase all of the stock of Costa
Mesa Disposal. Because Costa Mesa Disposal will remain in existence, and
will remain the party with whom the District has a contract, nothing will
change with the District's contractual agreements and guarantees.
433 WALNUT PLACE AGREEMENT
Mr. Burns reported he has been working with Mr. Harriers on an agreement to
allow the property owner who built a structure over the District's easement to
continue to have the structure in place provided he agrees to indemnify and
defend the District of all liability that could arise including increased cost to
service or access the District's line. The property owner has not yet
responded to the revised language proposed by Mr. Burns.
STATUTE OF LIMITATION FOR SEWER AND TRASH REFUNDS
Mr. Burns presented a synopsis of Utility Audit Company Inc. v City of Los
• Angeles. Mr. Burns reported the case determined interest is owed on
refunds. Mr. Burns suggested the District amend their Operations Code to
delete any provision that is at variance with the holding of this case.
COSTA MESA SANITARY DISTRICT
a ° MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
REGULAR MEETING — OCTOBER 22, 2003 (DIRECTOR FERRYMAN
Director Ferryman attended the October 22, 2003 meeting and reported
the following:
• Lobbyist from Sacramento and Washington DC working on grant
for Prado program.
• Orange County Sanitation District will approach the fire authority
regarding using the Class A product on the recently burned areas
of Southern California.
SANTA ANA RIVER FLOOD PROTECTION AGENCY
AGENDA FOR FULL AGENCY MEETING ON NOVEMBER 13, 2003 AND SCHEDULE
• FOR 2004
Directors Perry and Ferryman will attend the meeting.
SANTA ANA RIVER FLOOD PROTECTION AGENCY DUES FOR 2003/2004 IN THE
AMOUNT OF $1,400.00
Director Ferryman motioned to authorize payment in the amount of
$1,400.00 for Santa Ana River Flood Protection Agency dues for
2003/2004. Director Perry seconded. Motion carried 5 -0.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
ISDOC QUARTERLY MEETING — OCTOBER 30, 2003
President Schafer attended the Quarterly Meeting on October 30, 2003,
11:30 a.m. at the MWDOC Headquarters in Fountain Valley. The
Honorable Thomas W. Wilson, Chairman, Orange County Board of
Supervisors, was the speaker.
All Costa Mesa Sanitary District Directors were in attendance, as well as
Mr. Harriers, Mr. Fauth and Ms. Revak
• President Schafer attended the November 4, 2003 Executive Board
Meeting and reported they discussed speakers for the January meeting.
The ISDOC website will be a topic at the December meeting.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
NOVEMBER 12, 2003
LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
President Schafer attended the November 12, 2003, LAFCO public hearing
and reported they discussed the following.
• Brea Sports Park annexation to City of Brea
• Update on Costa Mesa and Newport Beach Islands annexation
• Marine Corps Air Station, El Toro, annexation to City of Irvine
(approximately 4,287 acres)
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
President Schafer was unable to attend the CSDA Retreat and Strategic
Planning for 2004 meeting due to an injury.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
REGULAR DECEMBER 2003 BOARD OF DIRECTORS MEETING
The December 2003 meeting has been changed to December 10, 2003, at 6:00
p.m. in conference room 3A.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Woodside reported the Sacramento Bee is doing a series highlighting
special districts.
President Schafer adjourned to a closed session at 7:17 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
CONSIDERATION WHETHER TO INITIATE LITIGATION (GOVERNMENT CODE
SECTION 54956.9 (C) (1 CASE)
TO DISCUSS THREATENED LITIGATION - CORRESPONDENCE FROM STANLEY
JENSEN PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (E)
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President Schafer returned to the Regular meeting at 7:58 p.m. President
Schafer announced the Board took action in closed session to
reject Mr. Jensen's request and authorized the Manager to send
appropriate response letter.
ADJOURNMENT
At 8:00 p.m., President Schafer adjourned the meeting.
SECRETARY.
P,