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Minutes - Board - 2003-12-10r1 U E COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on December 10, 2003, at 6:00 p.m. in Room 3 -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 of Allegiance Director Woodside gave the invocation. DIRECTORS PRESENT: Arlene Schafer, Greg Woodside, Art Perry, 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; Bobby Young, Finance; Ron Shef, District Ordinance Enforcement Officer; Debbie Bjornson, Permit Processing Specialist; Denise Gilbert, Permit Processing Specialist. OTHERS PRESENT: Mr. Ken AI -Imam, CPA, Conrad and Associates, LLP LJ • • COSTA MESA SANITARY DISTRICT °g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING s - $ DECEMBER 10, 2003 PAGE 2 ............................... CONSENT CALENDAR . ............................... Director Perry motioned to approve the Consent Calendar as presented. Director Worthington seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting, November 12, 2003 Minutes of Regular Meeting, November 12, 2003 Minutes of Liaison Committee Meeting, November 13, 2003 MANAGER'S REPORTS Refunds The Minutes of the Recycling Committee Meeting of November 12, 2003, were approved as distributed. The Minutes of the Regular Meeting of November 12, 2003, were approved as distributed. The Minutes of the Liaison Committee Meeting of November 13, 2003, were approved as distributed. There were no refunds submitted for November 2003. Occupancy Report and The Revised Trash Occupancy Count documented Payment of $181,881.66 an increase of 3 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of December 1, 2003. December 2003 Therefore, the total for December is 21,076. Board directed Staff to prepare a warrant for $181,881.66 to Costa Mesa Disposal on January 1, 2004, for payment for December trash collection based on the December count of 21,076. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for November Control Board (RWQCB) 2003 was accepted as submitted. ENGINEER'S REPORTS Project Status Report The Project Status Report dated December 2003, was accepted as submitted. • • • ' J,,..�p,�� COSTA MESA SANITARY DISTRICT e ' ` MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 PAGE TREASURER'S REPORTS Financial Report as of The Financial Report as of November 30, 2003, November 30, 2003 was accepted as submitted. Report of Monies on The Report of Monies on Deposit as of November Deposit as of 30, 2003, was received and filed. November 30, 2003 Warrant 2004 -06 for Warrant Resolution #CMSD 2004 -06 was December 2003 in the approved, authorizing the President and Secretary amount of $538,518.22 to sign the warrant and instructing the Treasurer to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $538,518.22. Directors Expenses for the Director Expenses for the Month of November Month of November 2003 2003 were ratified as follows: Director Ferryman: 170.00 Director Perry: $510.00 President Schafer: $1,020.00 + 50.76 Vice President Woodside: $510.00 Director Worthington: $1,020.00 .......................... END OF CONSENT CALENDAR .......................... MANAGER'S REPORTS CMSD STRATEGIC PLAN YEAR 2003/2004 ACTION ITEMS ACTION ITEM 1.4 - PRESENTATION OF FINANCIAL STATEMENTS BY AUDITOR Mr. Puckett introduced Mr. Ken AI -Imam, CPA, Conrad and Associates, L.L.P. Mr. AI -Imam provided a synopsis of the procedure used to audit the District's Financial Statements and answered questions from the Board. • 11 11 +u„ COSTA MESA SANITARY DISTRICT 8�' g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 PAGE WRITTEN COMMUNICATIONS Mr. Hamers reported receiving a response letter dated November 18, 2003, from John D. Hensley, Chief of Police, City of Costa Mesa, thanking the District for the letter of appreciation sent to him by the Board. Mr. Hamers reported receiving a card from the 6th grade students and teachers of Davis Elementary thanking the District for the assembly presentation. Mr. Hamers reported receiving a letter from Israel Bravo, student at Davis Elementary, dated November 12, 2003. Israel thanked the District for the recycling program and inquired as to additional things he could do to promote recycling. Director Worthington replied to the letter and forwarded some newsletter copies for distribution. 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 November as follows: Location Calls for Service Cite /Arrest Area 1 1 0 Area II 0 0 Area III 0 0 Area IV 0 0 TOTAL 1 2 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning October 27, 2003 and ending November 23, 2003. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 PAGE 5 Mr. Shefs summary report contained the following information: • 30+ flyers given to residents and 6 containers oversprayed and ID tagged. Verification of addresses. • Distribution of telephone book recycling flyers. Mr. Shef provided a written report of a citation to a resident at 174 The Masters Circle. STANDARDIZED CONTAINER PROGRAM - LIFTING BAR REPLACEMENT UPDATE Mr. Hamers reported the program is winding down and will be moved to the Consent Calendar for future agendas. Mr. Fauth reported there are approximately 5,000 containers left to retrofit and projected the completion in approximately 10 months at the current rate of 500 per month. CMSD STRATEGIC PLAN - (REVISITED) • YEAR 2003/2004 ACTION ITEMS Mr. Hamers reported the title has been changed to reflect a 2 -year plan as directed by the Board. Mr. Puckett commended the hard work of the entire finance department and credited them with the outstanding review by the auditor. Discussion was held regarding an accounting software package. INSTITUTIONAL ISSUES LETTER FROM CITY MANAGER DATED NOVEMBER 26, 2003 Mr. Hamers presented a follow up letter from Mr. Allan Roeder, City Manager, City of Costa Mesa, dated November 26, 2003. Mr. Hamers suggested a special. meeting be scheduled to discuss the financial software package and the progress on locating a new facility for the District offices and to review the information provided by the City regarding the retention of the field crew and Mr. Puckett's services. • A response to the City Manager will be prepared to concur that Mr. Burns will prepare the first draft of the new City /District Agreement for review and consideration by both parties. The District anticipates receiving the financial information from the City by January 8, 2004. C l ,0.. ....... kit) COSTA MESA SANITARY DISTRICT < MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ,ro DECEMBER 10, 2003 PAGE 6 The Board will review the information upon receipt and may request an additional meeting with the City. A special meeting was scheduled for January 15, 2004 at noon. RECYCLING REPORTS WASTE DIVERSION REPORT — NOVEMBER 2003 The Waste Diversion Report for October showing a diversion rate of 50.14, was presented to the Board. Director Perry motioned to receive and file the Waste Diversion Reports for November. Director Woodside seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR NOVEMBER 2003 SERVICES • Director Woodside motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of November 2003, in the amount of $149,078.91. Director Perry seconded. Motion carried 5 -0. RECYCLING COMMITTEE — WEDNESDAY, DECEMBER 9, 2003, 9:00 A.M., CR -5A, DIRECTORS WORTHINGTON AND FERRYMAN STRATEGIC PLANNING 2003 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS Director Worthington reported a vermicomposting test program will be delivered on January 6, 2004 to two classes of second and third grade students. Two additional presentations will be provided if the initial test presentation is successful. Two vermicomposting presentations were successfully provided this month at Carolyn Eckert Daycare and St. Joachim's School. Director Worthington reported school representatives are contacting the District to schedule the vermicomposting program due to the flyer previously distributed to the schools. • ,..0,+ COSTA MESA SANITARY DISTRICT = MINUTES OF BOARD OF DIRECTORS REGULAR MEETING •;ro DECEMBER 10, 2003 PAGE 7 COSTAMAZING - DISTRICT PARTICIPATION Director Worthington reported the insert has been finalized and the peppercorn packets are being assembled. The packets will be distributed at the February 7, 2004 CostaMazing event. 2003 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Director Worthington reported the 2003 School Telephone Book Recycling Program began on December 1, 2003 and will run to January 12, 2004. There will be 27 locations collecting the telephone books. 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. Director Worthington reported the sale of fresh trees has steadily dropped since 1990 and the sale of artificial trees has increased. RECYCLING BATTERIES • Director Worthington presented a sample "big green box," a recycling container from Toxco Inc: for the recycling of batteries. Director Worthington reported that on February 9, 2006, the state will require the recycling of batteries. Director Worthington reported approximately 3 billion batteries are sold each year. The District will be required to remove batteries from the trash. Staff will research the program and recommend an approach and provide cost information to the Board. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers reported the steering committee is continuing their work and there is nothing significant to report. Mr. Burns reported they are still waiting for the technical comments from the Orange County Sanitation District on the model grease ordinance. • 0§®1 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER lO, 2003 PAGE 8 EDUCATION PROGRAM Mr. Hamers reported the District has been successfully accomplishing the requirements for the State Water Quality Control Board, Santa Ana Region, Waste Discharge Requirements (WDR). Director Ferryman motioned to ratify the action of the Staff to decline participation in the regional public education program with the caveat to supply the Orange County Sanitary District with a copy of the District's literature used in the program with a cover letter explaining in detail why the Costa Mesa Sanitary District declined to participate in the regional program. Director Woodside seconded. Motion carried 5 -0. PHASEIIAGREEMENT Director Perry motioned to authorize signatures and approve the expenditure of $11,571.00 for Phase II of the FOG Control Study. Director Ferryman seconded. Motion carried 5 -0. • TRANSFER OF OCSD SEWERS TO CMSD - PART 3 - CALIFORNIA STREET SEWERS Mr. Hamers provided a brief overview of the transfer of OCSD Sewers to CMSD, Part 3, California Street Sewers. Director Ferryman motioned to approve in concept the transfer OCSD Sewers to CMSD, Part 3, California Street Sewers. Director Perry seconded. Motion carried 5 -0. PROJECT NO. 129 - BRISTOL STREET SEWER SYSTEM Mr. Hamers presented a letter from Mr. Phil Jones, Senior Civil Engineer, Flood Control Design, County of Orange, dated November 20, 2003, regarding sewer infrastructure improvements for the Santa Ana Heights area. Mr. Hamers provided background information on the project and recommended a new cooperative agreement be prepared. Director Perry motioned to direct Staff to prepare a new cooperative agreement and bring back the new agreement with subsequent action of abandonment of the prior agreement. Director Woodside seconded. Motion carried 5 -0. ev�- COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 PAGE 9 TREASURER'S REPORTS INVESTMENT POLICY REVISION, RESOLUTION NO. 2003 -676 Mr. Puckett introduced Resolution No. 2003 -677, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ADOPTING THE REVISED 2003 -2004 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE COSTA MESA SANITARY DISTRICT IN ACCORDANCE WITH THE REVISED 2003 -2004 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO HIS DEPUTY THE CARRYING OUT OF ANY SUCH TASKS. Director Ferryman motioned to adopt Resolution No. 2003 -677. Director Worthington seconded. Motion carried 5 -0. ATTORNEY'S REPORTS 433 WALNUT PLACE AGREEMENT Mr. Burns reported he received a detailed letter from the attorney representing the property owner at 433 Walnut Place. Mr. Burns will provide additional information at the January 2004 regular meeting. PROPOSED AMENDMENT OF OPERATIONS CODE TO REQUIRE COMPLIANCE WITH THE TORT CLAIMS ACT Mr. Burns introduced a proposed amendment of the Operations Code to require compliance with the Tort Claims Act. Ordinance No. 44, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AMENDING THE DISTRICT'S OPERATIONS CODE WITH RESPECT TO SEWER CHARGE REFUNDS. Director Perry motioned to adopt Ordinance No. 44. Director Woodside seconded. Motion carried 5 -0. Director Perry inquired as to the statute of limitations on trash collection refunds. Mr. Burns determined the title should be changed to reflect both trash and sewer refunds as reflected in the body of the Ordinance. Mr. Burns will make • the change and bring back a corrected copy for the Board to ratify at the next regular meeting. 7:40 p.m. — Bobby Young left the meeting. 'y...0 R COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 • PAGE 10 LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) REGULAR MEETING - NOVEMBER 19, 2003 (DIRECTOR FERRYMAN Director Ferryman attended the November 19, 2003 meeting and had nothing significant to report to the Board. SANTA ANA RIVER FLOOD PROTECTION AGENCY MEETING ON NOVEMBER 13, 2003 Director Ferryman attended the November 13, 2003, meeting and reported the following: • Jim McConnell, Washington DC, reported funds would be made available to insure construction is not interrupted on the Santa Ana River Mainstem Project and the Prado Dam Project. • Subvention Funds • INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) President Schafer attended the December 9, 2003, meeting and reported they discussed the following: • January 29, 2004 will be the next Quarterly meeting with Jim Silva as guest speaker. Directors Schafer, Worthington, Woodside, and Ferryman will attend. Director Perry will notify Ms. Revak regarding his availability to attend. • Web site • Secretarial position changes • Reports on LAFCO and CSDA LOCAL AGENCY FORMATION COMMISSION ( LAFCO) President Schafer attended the December 10, 2003, LAFCO meeting and reported they discussed the following.. • El Toro passed 5 -2 • MSRs for Orange County • • Second phase for two prototypes: o Seal Beach, Los Alamitos, Rossmore, and Sunset Beach o City of Orange. •� ... u „4 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING •,ro DECEMBER 10, 2003 PAGE 11 CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended the Annual Strategic Board meeting and reported the following: • Appointed to the following committees • Chair Nominations and Bylaws Committee • Legislative Committee • Membership Committee Vice Chair • Fiscal Committee • Voted on the purchase of a building with the Risk Management Organization. CSDA will occupy the first floor, a 24,000 sq. ft. area LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT President Schafer reported CSDA has been asked to sit with the California League of Cities to discuss funding to get the Local Taxpayers and Public Safety Protection Act on the November 2004 ballot. • President Schafer investigated the legality of the financial contribution and was instructed that it is legal to supply start up money, but once the item is on the ballot, no further funding is allowed. Mr. Burns requested time to investigate the measure and provide a legal opinion. Staff will bring the item back at the January 2004 meeting. LOCAL GOVERNMENT BALLOT INITIATIVE Item will be brought back at the January 2004 regular meeting. 2004 MEMBERSHIP DUES IN THE AMOUNT OF $2,373.00 Director Woodside motioned to approve payment of Membership Dues to CSDA in the amount of $2,373.00. Director Ferryman seconded. Motion carried 5 -0. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) President Schafer was invited to attend a meeting in Palm Springs, January 21 -24, 2004, at the Hilton Palm Springs Hotel to determine whether or not to recommend membership to the District. • 11 • Ig.�,,u�p,�g COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 10, 2003 Director Ferryman and Director Worthington expressed an interest in attending. Director Woodside motioned to approve attendance at the CASA conference on January 21 -24, 2004. Director Perry seconded. Motion carried 5 -0. OLD BUSINESS There was no old business discussed. NEW BUSINESS There was no new business discussed. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Worthington discussed an article appearing in the December 10, 2003, Orange County Register regarding special districts. CLOSED SESSION At 8:21, President Schafer adjourned the meeting to 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) President Schafer returned to the Regular meeting at 8:40 p.m. No action was taken during closed session. ADJOURNMENT At 8:41 p.m., President Schafer adjourned the meeting. SECRETARY ,