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Minutes - Board - 2004-04-080 • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 8, 2004 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on April 8, 2004, 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 Perry 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: Director Mike Healey, Mesa Consolidated Water District • President Schafer welcomed Mike Healey, Mesa Consolidated Water District. • • d'• °Ap+ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING „.. APRIL 8, 2004 PAGE 2 . ............................... CONSENT CALENDAR . ............................... Director Ferryman motioned to approve the Consent Calendar as presented. Director Worthington seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Special Meeting, March 8. 2004 Minutes of Recycling Committee Meeting, March 9, 2004 Minutes of Regular Meeting, March 11, 2004 Minutes of Special Meeting, March 29, 2004 MANAGER'S REPORTS Refunds The Minutes of the Special Meeting of March 8, 2004, were approved as distributed. The Minutes of the Recycling Committee Meeting of March 9, 2004, were approved as distributed. The Minutes of the Regular Meeting of March 11, 2004, were approved as distributed. The Minutes of the Special Meeting of March 29, 2004, were approved as distributed. There were no refunds submitted for March 2004. Occupancy Report and The Trash Occupancy Count documented an Payment of $182,088.78 increase of 22 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of April 1, 2004. April 2004 Therefore, the total for April is 21,100. Board directed Staff to prepare a warrant for $182,088.78 to Costa Mesa Disposal on May 1, 2004, for payment for April trash collection based on the April count of 21,100. • Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for March 2004 Control Board (RWQCB) was'accepted as submitted. l� U n U n U Qan&'� COSTA MESA SANITARY DIS TRICT P MINUTES OF BOARD OF DIRECTORS REGULAR MEETING � APRIL 8, 2004 PAGE Minutes of Safety /Loss Control Meeting March 23, 2004 ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial Report as of March 31, 2004 Report of Monies on Deposit as of March 31, 2004 The Minutes of the Safety /Loss Control Meeting of March 23, 2004, were approved as distributed. The Project Status Report dated April 2004, was accepted as submitted. The Financial Report as of March 31, 2004, was accepted as submitted. The Report of Monies on Deposit as of March 31, 2004, was received and filed. Warrant 2004 -10 for April Warrant Resolution #CMSD 2004 -10 was 2004 in the amount of approved, authorizing the President and Secretary $454,257.80 to sign the warrant and instructing the Treasurer to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $454,257.80. Directors Expenses for the Director Expenses for the Month of March 2004 Month of March 2004 were ratified as follows: Director Ferryman: $1020.00 Director Perry: $850.00 President Schafer: 1020.00 + $14.75 Vice President Woodside: $510.00 Director Worthington: $1020.00 .......................... END OF CONSENT CALENDAR ...................•.••••• WRITTEN COMMUNICATIONS Ms. Revak reported receiving letters from Sonora School and Whittier Elementary thanking the Costa Mesa Sanitary District for the monetary award for participation in the Telephone Book Recycling Program. r 1 U i? JPi COSTA MESA SANITARY DISTRICT ^ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING u, APRIL 8, 2004 Pn PAGE 4 Ms. Revak received a correspondence from St. Jude's Ranch for Children thanking the District for their donation of greeting cards to the children's program. St. Jude's Ranch is still accepting greeting cards, although the cost of the program exceeds the income from the card sales. Discussion was held regarding the possibility of promoting the sale of the cards. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS ANTI- SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Ms. Revak reported the police department is upgrading their computer systems and no report was available. • DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Harriers presented the ordinance enforcement summary report for the four -week period beginning February 23, 2003 and ending March 21, 2004. Mr. Shefs summary report contained the following information: 25 flyers given to residents and 6 containers oversprayed and ID tagged. Letter of instructions from counsel regarding citation issuance will be followed. Modification of green sheets will be necessary when fully automated collection services commence. CMSD STRATEGIC PLAN YEAR 2003/2004 ACTION ITEMS Mr. Harriers presented the 2003/2004 Strategic Planning Action, Items, reporting the District is on schedule for all items. Director Ferryman requested information and discussion ensued regarding the private sewer spill and how the District handles reimbursement from the • responsible entity. • COSTA MESA SANITARY DISTRICT r -x q.,ghgr - "v � MINUTES OF BOARD OF DIRECTORS REGULAR MEETING tmo APRIL 8, 2004 PAGE 5 SEPARATION OF DISTRICT STAFF FROM CITY Mr. Harriers reported a special meeting is scheduled for April 14, 2004. RECYCLING REPORTS WASTE DIVERSION REPORT — FEBRUARY 2004 Director Ferryman motioned to receive and file the Waste Diversion Report for February showing a 50.08 diversion rate. Director Perry seconded. Motion carried 5 -0. WASTE DIVERSION REPORT — MARCH 2004 The Waste Diversion Report for March has not yet been received. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR MARCH 2004 SERVICES • Director Perry motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of March 2004, in the amount of $181,457.00, pending verification by Staff. Director Woodside seconded. Motion carried 5 -0. COSTA MESA DISPOSAL REQUEST FOR FULLY - AUTOMATED SERVICE AND PRESENTATION OF MASTER PLAN Mr. Harriers reported a special meeting was held on March 29, 2004, with Costa Mesa Disposal and CR &R. A presentation was given and a formal request in writing will be made. Mr. Fauth prepared a matrix entitled CR Transfer Tonnage Comparison, by Fiscal Year and gave a brief explanation showing that the increases in yearly tonnage may have leveled off. Staff will continue to monitor the monthly tonnage reports. • • ?' a� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING wo APRIL 8, 2004 PAGE 6 GOVERNMENT CODE SECTION 54956.8 PROPERTY: 628 W. 19th Street, Costa Mesa, California - PROPERTY: 628 W. 19th Street, Costa Mesa, California AGENCY NEGOTIATORS MAY INCLUDE: Arlene Schafer, Jim Ferryman, Rob Hamers, Tom Fauth, and Joan Revak NEGOTIATING PARTIES: Cheong Lee Family LLC UNDER NEGOTIATION: Price and Terms of Purchase PROPERTY: 1914 Meyer Place, Costa Mesa, California AGENCY NEGOTIATORS MAY INCLUDE: Arlene Schafer, Jim Ferryman, Rob Hamers, Tom Fauth, and Joan Revak NEGOTIATING PARTIES: Gene LaBlanc UNDER NEGOTIATION: Price and Terms of Purchase Mr. Hamers reported the item could be discussed during the regular meeting; no closed session was necessary. Mr. Fauth reported Mr. Don Gregg met with the two current owners • regarding the Meyer Place property. The owners are interested in retaining the property. Discussion was held regarding locating property for an equitable trade. NEW DISTRICT HEADQUARTERS — 628 W. 19TH STREET Mr. Hamers reported an architect, Mr. Robert Thornton, has been located and hired. Mr. Hamers reported Staff dispensed with the request for qualification procedure because the scope of work is only tenant improvements and it is in the best interest of the public to move ahead as fast as possible. The normal consultant selection process usually encompasses an eight to twelve week period whereas Mr. Thornton can complete the work in three weeks. The eight to twelve week period would cause the District to incur additional rent charges from the City of Costa Mesa. Mr. Hamers cited the CMSD Operations Code Section outlining this provision. Mr. Hamers requested ratification by the Board. Mr. Burns has reviewed and modified the professional services agreement. Mr. Fauth reported the agreement has been faxed to Mr. Thornton and a signed fax has been returned. • Director Ferryman motioned to ratify the Consultant Agreement with Mr. Robert Thornton. Director Perry seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT 0"g��' MINUTES OF BOARD OF DIRECTORS REGULAR MEETING Poo APRIL 8, 2004 • PACE 7 RECYCLING COMMITTEE - TUESDAY, APRIL 6, 2004 - 9:00 A.M., CR -1A DIRECTORS WORTHINGTON AND FERRYMAN STRATEGIC PLANNING 2004 - PUBLIC OUTREACH - CLASSROOM RECYCLING PROJECTS Director Worthington reported he and Mr. Fauth held a presentation on vermicomposting at the new community center. Director Worthington provided a copy of the Excellence in Education Award that will be presented to teachers participating in the District's Recycling Education Program and gave thanks to Director Perry for suggesting the idea. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers distributed a copy of the letter to Mr. Gerry Thibeault, • Executive Officer of the Regional Water Quality Control Board, providing an update on the Costa Mesa Sanitary District's progress in complying with the WDR. Mr. Hamers reported the District is making good progress regarding the FOG Characterization program. Mr. Burns reported OCSD and the permitees asked for an extension of the WDR "Legal Authority" and the request was denied. EMERGENCY WORK — VICTORIA STREET SEWER REPAIR Mr. Hamers reported an emergency repair was performed at the Victoria Street Sewer Main. A major, offset was discovered and determined to be too severe to repair using one of the no -dig technologies. Therefore, Atlas Underground Company was retained on an emergency basis to excavate and repair the line. The all- inclusive cost was $9,700 and covered approximately 12 linear feet of the line. • QJ COSTA MESA SANITARY DISTRI CT @ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 8, 2004 PAGE 8 • TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE MEETING - APRIL 8, 2004 (DIRECTORS FERRYMAN AND PERRY) Mr. Puckett reported the Investment Oversight Committee Meeting was held just prior to the regular meeting. Mr. Puckett provided a brief update to the Board. UPDATE OF POOLE V. COUNTY OF ORANGE Mr. Puckett provided an update on Poole V. County of Orange. Mr. Puckett distributed a packet containing an article and Court of Appeal decision with the Court ruling in favor of the County of Orange and assessment procedure that has been used by the County Assessor consistently since the enactment of Prop. 13. Mr. Robert Poole vowed to appeal the decision to the State Supreme Court. ATTORNEY'S REPORTS • 433 WALNUT PLACE AGREEMENT Mr. Burns reported he is dealing with the title company who requested he no longer communicate with the attorney for the seller. Mr. Burns reported he wrote a letter to Mr. Luis Yeager, First American Title, dated March 17, 2004. The letter reiterates the District's position and provides a demand for the removal of encroachment that unreasonably interferes with the District's sewer easement at 433 Walnut Place. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) REGULAR MEETING - MARCH 24, 2004 (DIRECTOR FERRYMAN Director Ferryman attended the March 24, 2004, meeting and reported the following: • Sole source as Class A biosolid facility in Kern County with 10 year commitment • Cooperative projects program may be suspended for a few years • due to lack of utilization and anticipation of urban runoff requirements • ;+ >•.,, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING 4 - a•� APRIL 8, 2004 D ". o SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) REGULAR MEETING — MARCH 25, 2004 Director Ferryman attended the March 25, 2004 meeting and reported the following: • Monies received may not be enough for Prado Dam construction completion • Status of flood control subvention funds • Discussion of concepts for future federal and state funding alternatives INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) QUARTERLY MEETING — APRIL 29, 2004 President Schafer reported the Quarterly Meeting will be held on April 29, 2004 with Ken Lee from LAFCO as speaker. • President Schafer reminded the Board there will be an election held at the April 29th ISDOC General meeting for the seats of Robert Bouer, Randal Bressette, and Arlene Schafer. Director Ferryman reported he will be unable to attend the meeting to perform as alternate. Director Perry stated he will be able to attend the meeting. Director Woodside motioned to appoint Director Perry as a voting alternate at the ISDOC Quarterly meeting to be held on April 29, 2004. Director Ferryman seconded. Motion carried 5 -0. Ms. Revak will provide an excerpt of the Minutes for the ISDOC meeting. LOCAL AGENCY FORMATION COMMISSION ( LAFCO) President Schafer reported she has not yet attended the LAFCO meeting. They are scheduled to discuss the new budget and the search for a new executive officer. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) . President Schafer reported she was on a telephone conference with CSDA working on the SB 1272, Ortiz bill, regarding special districts. • „+••�<,, COSTA MESA SANITARY DISTRICT .< %; u c MINUTES OF BOARD OF DIRECTORS REGULAR MEETING E -Y9 �,�,� APRIL 8, 2004 • PAGE 10 Director Perry motioned that the need arose after the agenda was prepared to discuss the CSDA seminar attendance. Director Ferryman seconded. Motion carried 5 -0. Director Perry motioned to approve attendance at the Sacramento CSDA program on May 11 -13, 2004, for President Schafer and Director Worthington. Director Ferryman seconded. Motion carried 5 -0. ANNUAL CONFERENCE - SEPTEMBER 28 -30, 2004 AT INDIAN WELLS The item was continued to a future agenda. AWARDS PROGRAM - INNOVATIVE PROGRAM AWARD Mr. Hamers reported staff prepared an entry for the Innovative Program Award for the Costa Mesa Sanitary District's Telephone Book Recycling Program. Director Ferryman motioned to approve submittal of the Costa Mesa Sanitary District's Telephone Book Recycling Program for an Innovative Program Award to CSDA. Director Perry seconded. Motion carried 5 -0. • Mr. Harriers commended Director Worthington for the work he has done in furthering the Telephone Book Recycling Program. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2004 SPRING CONFERENCE - APRIL 29 -MAY 1, 2004 LAKE TAHOE Director Perry motioned to approve attendance for Director Worthington at the April 29 to May 1 2004 Spring Conference of California Association of Sanitation Agencies (CASA). Director Woodside seconded. Motion carried 5 -0. OLD BUSINESS There was no old business discussed NEW BUSINESS MAY 13, 2003 REGULAR MEETING • Ms. Revak reported the regular meeting for May has been changed to Monday, May 1 0th, at 6:00 p.m. n LJ • aps COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 8, 2004 PACE 11 JULY 8, 2004, 4:00 P.M. MEETING AT COSTA MESA HISTORICAL SOCIETY Discussion was held on holding the regular July 8, 2004 meeting at the Costa Mesa Historical Society and it was decided to hold the June 10th regular meeting at the Costa Mesa Historical Society at 4:00 p.m. The July 8th regular meeting will be discussed at the May regular meeting. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Worthington opened discussion regarding SB 1272. Director Worthington suggested all Directors carefully record any meeting each Director is involved in on behalf of the District, regardless of whether or not they are reimbursed for attendance. Mr. Harriers reported the compensation report has been modified to include all meetings attended. Mr. Harriers commended Board and Staff for their hard work. ADJOURNMENT At 7:22 p.m., President Schafer adjourned the meeting. SEvRETAR Y PRESIDENT