Loading...
Agenda Packets - Board - 2003-11-12.1 4 f . - COSTA MESA SANITARY DISTRICT an Independent Special District AGENDA Arlene Schafer President Greg Woodside Vice President Art Perry Director Jim Ferryman Secretary Dan Worthington Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. In compliance with ADA, contact Joan Revak, (714) 754 -5087, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting - Wednesday, November 12, 2003 RECOMMENDED ACTION CALL TO ORDER — 6:00 p.m. — Conference Room 1A - Costa Mesa City Hall II. PLEDGE OF ALLEGIANCE — Director Worthington III. INVOCATION — Director Woodside IV. ROLL CALL V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports Minute Approval 1. Recycling Committee Meeting — October 7, 2003 2. Investment Oversight Committee — October 8, 2003 3. Regular Meeting — October 8, 2003 rProtecting our community's health. by prrrvid:ng solid waste and sewer coffection services. costamesasanitarydstrict. org COSTA MESA SANITARY DISTRICT AGENDA November 12, 2003 Page 2 RECOMMENDED ACTION 4. Special Meeting — October 13, 2003 Manager's Reports 5. Refunds Approve 6. Occupancy Report and payment to Costa Mesa Disposal — November 2003 Approve 7. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) Receive and File 8. Standardized Container Program — Lifting Bar Replacement Update Accept Report Engineer's Reports 9. Project Status Report Receive and File Treasurer's Reports 10. Financial Report as of October 31, 2003 Accept Report 11. Report of Monies on Deposit as of October 31, 2003 Receive and File 12. Warrant Register for November 2003 in the amount of $601,636.62 Approve Payment 13. Directors' Compensation and Reimbursement of Expenses for the month Ratify Expenses of October 2003 ----------------------------- - - - - -- -END OF CONSENT CALENDAR - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Anti - Scavenging and Screening of Trash Containers Enforcement Reports Consider B. CMSD Strategic Plan 1. Year 2003 Action Items_.�r Receive and File vL,Z- 2. Institutional Issues a. Meeting with City Held on Oc ober 29, 2003 i.) Memo from Manager to Board Confirm Direction to Staff ii.) Follow Up Letter to City of Costa Mesa Consider 3. Year 2004 Strategic Plan LTr � j�Aw (4 Consider rProtecting our community's hea.fth Fy providing solid wa_Ste an.dsC7UCr colTectlon seruices. costa.mesararr.ita:rydistrict. org t y COSTA MESA SANITARY DISTRICT November 12, 2003 AGENDA Page 3 RECOMMENDED ACTION C. Recycling Reports 1. Waste Diversion Report — September 2003 Receive and File 2. Waste Diversion Report — October 2003 Receive and File r. D. Contract Payment to CR Transfer for recycling services and disposal 1. Payment for October 2003 Services Approve Subject to Verification of Diversion Report by Staff `1 E. Recycling Committee — Wednesday, November 12, 2003 — 9:00 a.m. 1 1. Strategic Planning 2003 - Public Outreach — Classroom Recycling Projects j (� 2. CostaMazing — District Participation ��,3. 2003 School Telephone Book Recycling Program -�N- 2003 Christmas Tree Recycling Program ,4 5. Public Restrooms r ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) 1. General Update X. TREASURER'S REPORTS XI. ATTORNEY'S REPORTS A. Costa Mesa Disposal Stock Acquisition by CR &R B. 433 Walnut Place Agreement C. Statute of Limitations for Sewer and Trash Refunds XII. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) 1. Regular Meeting — October 22, 2003 (Director Ferryman) Consider Consider Accept Report Accept Report Accept Report Verbal Report from Manager and Attorney Accept Report Consider Accept Report Accept Report Trotecting our community's hea.Ct6. 6y providing sofid-waste andscrver co%%ection services. costa. mesasa.nita.rydstn.ct. org COSTA MESA SANITARY DISTRICT AGENDA B. Santa Ana River Flood Protection Agency 1. Agenda for Full Agency Meeting on November 13, 2003 and Schedule for 2004. 2. Santa Ana River Flood Protection Agency Dues for 2003/2004 / in the amount of $1,400.00 C. Independent Special Districts of Orange County (ISDOC) / 1. ISDOC Quarterly Meeting — October 30, 2003 D. Local Agency Formation Commission (LAFCO) E. California Special Districts Association (CSDA) XIII. OLD BUSINESS XIV. NEW BUSINESS A. Regular December 2003 Board of Directors Meeting XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. CLOSED SESSION November 12, 2003 Page 4 RECOMMENDED ACTION Accept Report Authorize Payment Accept Report Consider Consider Change of Meeting Date to December 10, 2003 A. Conference with Legal Counsel — Anticipated Litigation Consideration Whether to Initiate Litigation (Government Code Section 54956.9 (C) (1 Case) 2. To Discuss Threatened Litigation — Correspondence from Stanley Jensen Pursuant to Government Code Section 54956.9 (E) XVII. ADJOURNMENT Trotecting our communx..ty''s (.ea.Fth Fry prauidi.ng sol d,r rite arufse -ever coffection. services. costamesasa.nita.rydstn:ct. org �S�SANIl� �y Or O�m he ouo � 0 r yc�RpOeK���9 COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING OCTOBER 7, 2003 The Costa Mesa Sanitary District Recycling Committee met at 9:00 a.m. in conference room 1 A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Dan Worthington, Arlene Schafer Staff Present: Rob Hamers, Tom Fauth, Joan Revak, Bobby Young Director Worthington called the meeting to order at 9:00 a. m. STRATEGIC PLANNING 2003 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS Director Worthington reported vermi- composting presentations have been made at Anderson School and TeWinkle Middle School. The two schools now have composting bins in their classrooms, teaching students the usefulness of food scraps and diverting them from the landfills. COSTAMAZING — DISTRICT PARTICIPATION Ms. Revak presented a card prepared by Staff with a picture of the Adobe at the Costa Mesa Estancia at 1900 Adams Avenue with history on the Adobe and the peppercorns. The card will be placed in a plastic bag with peppercorns collected from the tree and distributed at the CostaMazing Fun Run on February 7, 2004. MINI TELEPHONE BOOK RECYCLING PROGRAM - 2003 Ms. Revak presented the final report for the 2003 Mini Telephone Book Recycling Program. The 2003 program ran from August 8 through September 19 with bins located at City Hall and the Orange Coast College Recycling Center. Books totaling 1,800 were collected in the mini program comparing to 2,825 books collected in the 2002 program. Many residents may be saving their yellow pages for the school program in December. Protecting our community's health 6y prong soCuf waste and sewer collection services. costamesasanitarydutrict org Costa Mesa Sanitary District Minutes of Recycling Committee Meeting s October 7, 2003 Page 2 2003 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak presented the letter inviting school participation in the 2003 Telephone Book Recycling Program. This year's program will run from December 1, 2003 to January 12, 2004. Participating schools can earn $200 to $650 based on the enrollment population of each school with a grand prize award of $250 to the Elementary, Jr. High and High School collecting the greatest number of pounds of phone books per student. The schools must designate how they will use the award funds and in the past such items include classroom supplies, science equipment, library books, technology supplies and field trips. The District's program challenges the students to collect the most telephone books and be rewarded in addition to providing a hands -on opportunity to learn about recycling. USED TIRE ROUNDUP — SATURDAY, OCTOBER 11, 2003 Mr. Fauth informed the Committee of the upcoming Used Tire Roundup that will occur from 10:00 a.m. to 2:00 p.m. on Saturday, October 11, 2003 at the City Corporation Yard, 2300 Placentia Avenue. The annual event offers residents the free drop off opportunity to dispose of unwanted tires. Staff learned from Mike Carey of the Orange Coast College Recycling Center of a need to dispose of 400 tires that were recently illegally dumped at the Center. The Center has requested monetary assistance to dispose of the tires by having them removed by the Orange County Conservation Corps and transported to American Tire Disposal. The request will be presented to the Board of Directors for consideration at the October 8, 2003 regular meeting. PUBLIC COMMENTS There were no public comments. The meeting was adjourned at 10:04 a.m. • Secretary President (Protecting our community's health 6y prowSing soCuf waste and sewer coAection services. costamesasanitarydui trict. org 1-1 • ��S�,SAN(TgAf i he p u °o °o o O A V o! ~ f c�RPOHAtE�`9 COSTA MESA SANITARY DISTRICT MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING OCTOBER 8, 2003 CALL TO ORDER The meeting was called to order at 5:30 p.m. by Director Schaefer. ROLL CALL Committee Members Present: Mr. Rob Hamers, District Manager Director Jim Ferryman (rotating committee member) Director Arlene Schafer (rotating committee member) Committee Members Absent: None Staff Members Present: Ms. Joan Revak, Clerk of the District Mr. Marc Puckett, Treasurer Mr. Bobby Young, Accounting Supervisor TREASURER'S REPORT FOR THE MONTH AND QUARTER ENDED JUNE 30, 2003 NEW BUSINESS OPEN DISCUSSION ADJOURNMENT Approved by: Mr. Puckett presented the Treasurer's Report and discussed the recent investing activity of the District. Discussion followed. 1. CMSD FINANCIAL STATEMENTS Mr. Puckett indicated that this is a standing agenda item and presented the financial statements for detailed discussion if there were questions. Discussion followed. 2. INVESTMENT AUDIT REPORT Mr. Puckett discussed the Investment Audit Report. There were no findings of deficiencies within the report. All investment activity was compliant with governing law and adopted policies. Discussion followed. There were no items discussed under open discussion The meeting adjourned at 5:58 p.m. Secretary, Costa Mesa Sanitary District Board of Directors President, Costa Mesa Sanitary District Board of Directors t • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on October 8, 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. Director Ferryman led the pledge. Director Woodside gave the invocation. DIRECTORS PRESENT: Arlene Schafer, Art Perry, James Ferryman, Dan Worthington, Greg Woodside DIRECTORS ABSENT: None STAFF PRESENT: Robin Hamers, Manager /District 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: None ,,SANITj� COSTA MESA SANITARY DISTRICT - a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 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, September 3, 2003 Minutes of Regular Meeting, September 5, 2003 Minutes of Special Meeting, September 29, 2003 MANAGER'S REPORTS The Minutes of the Recycling Committee Meeting of September 3, 2003, were approved as distributed. The Minutes of the Regular Meeting of September 5, 2003, were approved as distributed. The Minutes of the Special Meeting of September 29, 2003, were approved as distributed. Occupancy Report and The Revised Trash Occupancy Count documented a Payment of $181,959.33 decrease of 3 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of October 1, 2003. Therefore, October 2003 the total for October is 21,085. Board directed Staff to prepare a warrant for $181,959.33 to Costa Mesa Disposal on November 1, 2003, for payment for October trash collection based on the October count of 21,085. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for September Control Board (RWQCB) 2003 was accepted as submitted. Standardized Container The Standardized Container Program — Lifting Bar Program — Lifting Bar Replacement Update was accepted as submitted. Replacement Update • U • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 3 ENGINEER'S REPORTS Project Status Report The Project Status Report dated October 2003, was accepted as submitted. Minutes of Safety /Loss The Minutes for the Safety /Loss Control meeting of Control Meeting September 17, 2003, were accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of September 30, 2003, September 30, 2003 was accepted as submitted. Report of Monies on The Report of Monies on Deposit as of September Deposit as of 30, 2003, was received and filed. September 30, 2003 Warrant 2004 -04 for Warrant Resolution #CMSD 2003 -04 was September 2003 in the approved, authorizing the President and Secretary amount of $419,075.90 to sign the warrant and instructing the Treasurer to • draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $419,075.90. Directors Expenses for the Director Expenses for the Month of September Month of September 2003 2003 were ratified as follows: Director Ferryman: $340.00 Director Perry: $680.00 President Schafer: $1,020.00 + 458.58 Vice President Woodside: $510.00 Director Worthington: $680.00 .......................... END OF CONSENT CALENDAR .......................... WRITTEN COMMUNICATIONS Mr. Hamers reported there were no written communications received. PUBLIC COMMENTS • There were no public comments made, no public in attendance. +� *SAMIi� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 4 r� L_J 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 0 5 Area II 1 0 Area III 1 5 Area IV 0 0 TOTAL 2 10 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Director Worthington reported he participated in a ride along with Mr. Shef and Costa Mesa Councilman Allan Mansoor to view commercial and multifamily dwellings where the dumpsters were overfilled and appliances and furniture • littered alleyways. Mr. Hamers presented the ordinance enforcement summary report for the four - week period beginning August 25, 2003 and ending September 21, 2003. Mr. Shefs summary report contained the following information: • 25 flyers given to residents and 8 containers oversprayed and ID tagged. • A scavenger vehicle taking newspapers (repeat offender) was observed and photographed and information forwarded to Staff. Mr. Shef suggested reminding residents to place newspapers inside the containers. Mr. Hamers suggested Mr. Shef leave a green card at the residence with the item circled when he discovers newspapers left beside containers. Denise Gilbert arrived at 6:1Op. m. 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 Woodside motioned to receive and file the report. Director Ferryman seconded. Motion carried • unanimously. • +,. ° " " "'•.� COSTA MESA SANITARY DISTRICT - a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 5 INSTITUTIONAL ISSUES — SPECIAL MEETING — MONDAY, OCTOBER 13, 2003 AT 6:00 P.M. There will be a Special Meeting on Monday, October 13, 2003, at 6:00 p.m. to discuss Institutional Issues. VARIABLE RATE STRUCTURE FOR TRASH COLLECTION PROGRAM Mr. Fauth reported Staff has been investigating options for a variable rate structure. Discussion was held regarding the possible options. Mr. Fauth will distribute copies of a publication to Directors with information regarding variable rate structure programs. President Schafer motioned to direct Staff to finish their research on a variable rate structure for trash collection and include the item on the 2004 Strategic Plan for consideration. With the impending management change at Costa Mesa Disposal, it will be 2004 before a variable rate structure can be considered. Director Woodside seconded. Motion carried 5 -0. • PUBLIC OUTREACH Mr. Harriers provided an overview of a memorandum dated September 10, 2003, on expanding the public outreach program and satisfying the strategic planning action item. RECYCLING REPORTS WASTE DIVERSION REPORT — AUGUST 2003 Director Perry motioned to receive and file the Waste Diversion Report for August, showing a diversion rate of 50.05. Director Ferryman seconded. Motion carried 5 -0. WASTE DIVERSION REPORT — SEPTEMBER 2003 The Waste Diversion Report for September has not yet been received. • COSTA MESA SANITARY DISTRICT a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 6 CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL FOR SEPTEMBER 2003 PAYMENT FOR AUGUST 2003 SERVICES Director Perry motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of August 2003, in the amount of $167,060.57. Director Ferryman seconded. Motion carried 5 -0. PAYMENT FOR SEPTEMBER 2003 SERVICES Director Perry motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of September 2003, in the amount of $174,887.25, subject to verification by Staff of the Waste Diversion Report. Director Ferryman seconded. Motion carried 5 -0. STANDARDIZED TRASH CONTAINER PROGRAM Mr. Harriers reported there were no updates to report. ORANGE COUNTY RESIDENTIAL TRASH COLLECTION SURVEY - OCTOBER 2003 • Ms. Revak presented the Orange County Residential Trash Collection Survey for the Board's review. Ms. Revak reported 15 cities had an increase in their trash collection rate and Irvine and Mission Viejo reported decreases. Ms. Revak reported 14 cities have a variable rate structure. The average monthly rate is $13.04. RECYCLING COMMITTEE - OCTOBER 7, 2003— 9:00 A.M. DIRECTOR WORTHINGTON AND PRESIDENT SCHAFER STRATEGIC PLANNING 2003 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS Director Worthington reported the vermi- composting project is underway with five worm containers placed in two schools. Mr. Fauth reported $416 has been spent on the program to date. COSTAMAZING - DISTRICT PARTICIPATION Director Worthington brought in a sample of peppercorns he picked for distribution at the District's booth at the Fairview Park on February 7, 2004. Ms. Revak will locate plastic bags for the insert and peppercorn samples. • COSTA MESA SANITARY DISTRICT - a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 7 • MINI - TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak reported the Mini Telephone Book Recycling Program ended on September 19, 2003 with 1,800 books collected. 2003 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak reported the 2003 Telephone Book Recycling Fundraising Opportunity and Contest letters have been sent to the schools and responses are coming in. The program will run from December 1, 2003 to January 12, 2004. USED TIRE ROUND UP — SATURDAY, OCTOBER 11, 2003 Director Worthington reported the Used Tire Round -Up will be held on Saturday, October 11, 2003 from 10:00 a.m. to 2:00 p.m. at the City Corporation Yard. Director Worthington reported he wished to discuss an item not on the agenda. • Director Perry motioned to consider a nonagenda item based on the fact that the need arose after the agenda was prepared and there is a need to take immediate action. Director Woodside seconded. Motion carried 5 -0. Director Worthington reported being contacted by the Orange Coast College Recycling Center regarding approximately 400 used tires that had been illegally dumped at their facility on Adams Avenue. Mr. Michael Carey, Recycling Coordinator, requested the District's assistance in disposing of the tires. The cost to remove the tires would be approximately $400. Director Woodside motioned to approve assistance in the disposal of the tires at the Orange Coast College Recycling Center, not to exceed $500.00, subject to verification that the Orange Coast College Recycling Center is a nonprofit organization. Director Perry seconded. Motion carried 5 -0. n LJ COSTA MESA SANITARY DISTRICT s ° a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 8 ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers presented a copy of the letter and accompanying materials mailed to food service businesses in the District to introduce the new grease control program. Mr. Burns reported a draft ordinance was completed on October 7, 2003. Mr. Burns thanked Mr. Hamers for his input and contribution to the ordinance. REPORT ON EMERGENCY WORK Mr. Hamers provided a synopsis of two emergency repairs, the Napoli Way sewer main and 23rd Street pumping station electrical panel, made on an immediate basis so as not to endanger the public. Director Perry motioned to approve the report on emergency work. Director Woodside seconded. Motion carried 5 -0. • TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE (PRESIDENT SCHAFER AND DIRECTOR FERRYMAN) Mr. Puckett reported the Investment Oversight Committee met on October 8, 2003, and a report will be provided at the November regular meeting. INVESTMENT AUDIT REPORT Mr. Puckett provided an overview of the Report of Independent Certified Public Accountants on Agreed -Upon Procedures Applied to Investment Portfolio performed by Conrad and Associates, L.L.P. Mr. Puckett reported in all cases the auditors found the investments of the District were in conformance with the investment policy guidelines. UPDATE OF POOLE V. COUNTY OF ORANGE Mr. Puckett provided an article from the September 25, 2003 edition of the Los Angeles Times regarding the status of the Robert Poole v. Orange County lawsuit. A hearing has been set in the 4th District Court of Appeal in Santa for • December 16, 2003. y ° "'4•. COSTA MESA SANITARY DISTRICT - a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 9 ATTORNEY'S REPORTS Mr. Burns had nothing to report. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING - SEPTEMBER 24, 2003 (DIRECTOR FERRYMAN Director Ferryman attended the September 24, 2003 meeting and reported the following: • Review counsel's contract • Contesting of contractor's bid • Profit and Loss Statement for Tule Ranch INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) President Schafer attended the Executive Board Meeting on October 7, 2003. ISDOC QUARTERLY MEETING - OCTOBER 30, 2003 President Schafer reported the Quarterly Meeting will be held 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, will be speaking. All Directors will be in attendance. LOCAL AGENCY FORMATION COMMISSION ( LAFCO) President Schafer attended the September 8, 2003, LAFCO public hearing and discussed the following. • Update on legislation • Update on MSRs • Update on Cal - LAFCO Conference in San Francisco on September 23 -26 CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended the 3rd Governance Workshop on Finance on Monday, September 22, and the Annual Conference of CSDA on Tuesday through Thursday, September 23 -25. r 1 U +�,SAN17�,Q COSTA MESA SANITARY DISTRICT - Va MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 8, 2003 PAGE 10 OLD BUSINESS There was no old business discussed. NEW BUSINESS SPECIAL DISTRICT INSTITUTE (SDI) ADMINISTRATION SEMINAR OCTOBER 16 -17, 2003 The Special District Administration Seminar will be held October 16 -17, 2003. No Directors expressed an interest in attending the Seminar. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS President Schafer reported she reserved the Golden Dragon for December 18, 2003, for a District holiday party. Mr. Hamers thanked Debbie and Denise for attending the meeting and commended them for the excellent job they perform. Director Worthington thanked Mr. Burns for opening his home for the recent Oktoberfest. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 TO DISCUSS ANTICIPATED LITIGATION (1 CASE) President Schafer adjourned to a closed session at 7:33 p.m. President Schafer returned to the Regular meeting at 8:02 p.m. reporting no action was taken during the closed session. ADJOURNMENT At 8:03 p.m., President Schafer adjourned the meeting. SECRETARY PRESIDENT • • • �S "SAnIr,�Rf • yt o w0 °o A o r — ' ♦ ycORPORA�`� • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING OCTOBER 13, 2003 The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on October 13, 2003 at 6:00 p.m., in Conference Room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Arlene Schafer, Greg Woodside, James Ferryman, Arthur Perry Dan Worthington Staff Present: Robin B. Hamers, Manager /District Engineer; Thomas A. Fauth, Assistant Manager; Joan Revak, Clerk of the District; Alan Burns, Legal Counsel; Marc Puckett, District Treasurer • I. Institutional Issues A. Opening Remarks by Manager /District Engineer Manager Rob Hamers presented the Institutional Issues report dated May 29, 2003. The purpose of the Special Meeting is to update the Board on Staff's progress on the District becoming independent from the City of Costa Mesa. B. Review of CMSD Staff Work to Date Mr. Fauth provided a proposed new organizational chart, noting that if the Board desired Treasury responsibilities from the current District Treasurer, it will have to be by Agreement with the City of Costa Mesa. Job Descriptions have been re- written for the Assistant Manager and Board Secretary as corresponding positions in the City of Costa Mesa do not exist. Other job descriptions are similar to City positions with minor changes in tailoring them to CMSD. Mr. Fauth reported the District can provide its employees with CalPERS benefits, however, the process takes six to nine months. • Documents available for review by the Board were Administrative Regulations, Employee Handbook, Payroll Information and the 1994 Study by Creative Management Solutions. (Protecting our community's health 6y providing soCuf waste and sewer col%ction services. r n aAmv_ca- vi- nitarvfictrwt. nrrn Costa Mesa Sanitary District Page 2 Minutes of Special Meeting Held October 13, 2003 Discussion was held on a new site for the District and the advantages of buying a property over leasing. It was suggested that a Real Estate Agent be contacted to locate desirable property for District purchase. C. City Response to District Inquiries Mr. Hamers provided a timeline on City response to District inquiries. No formal response has been received from the May 29, 2003 termination letter sent to the City. D. Upcoming Meeting Between Two Directors and Two Council Members A meeting is scheduled for October 29, 2003 and attendees will be: City Manager Allan Roeder, City of Costa Mesa Council Members Libby Cowan and Mike Scheafer and CMSD District Manager Rob Hamers and Directors Arlene Schafer and Jim Ferryman. E. Direction to Staff Board directed Staff to a. Start application process with CalPERS. b. Contact a real estate agent to locate property for District to purchase. C. Provide an Agenda for October 29, 2003 Meeting with City Council members and City Manager. i. Provide list of services District potentially desires to contract with City. 1. Cost of Services II. Consideration of New Meeting Time for the Regular November Board of Directors Meeting The November 2003 regular meeting time has been changed to Wednesday, November 12, 2003 at 6:00 p.m. in conference room 1A at City Hall. III. Public Comments There were no members of the public present and no public comments made. The meeting adjourned at 7:38 p.m. Secretary President (Protecting our community's health 6y providing soCuf waste and sewer codection services. rn.dAM _ctica1?AA?Vd1'ct?i& nra • • • CMI Staff: 714 - 754 -5043 Davis School g Re Y lin Presentation 11 -05 -06 Stanley Jensen 2149 Shelley Street Placentia, CA 92870 (714) 996 -4725 Costa Mesa Sanitary District 77 Fair Drive P.O. Box 1200 Costa Mesa, CA 92628 -1200 Attention: Board of Directors November 3, 2003 Re: Real Property Situated at 261 Mesa Drive in the City of Costa Mesa, APN 439 - 202 -23 Trash Disposal and "Sanitary Assessment" Fees Dear Board of Directors INTRODUCTION Title to the above referenced real property is held by the estate of ELLA JONSSON, deceased; I am the administrator. • On August 14, 2003, I appeared at the public hearing held by the Costa Mesa Sanitary District (CMSD) to argue that CMSD is assessing trash collection and sewer fees that are arbitrary and unfair, especially as the relate to the subject real property. The board and the other attendees were most cordial and I thank you for that. The probate court is demanding that I promptly complete my duties as administrator and bring the probate procedure to conclusion. Before I can do so, however, I must resolve my dispute with CMSD. If we cannot reach an agreement promptly, I must file a lawsuit in the Superior Court so it can determ- ine this matter. In view of these facts, time is of the essence and I must have your response within fifteen days. As I was leaving the aforesaid meeting, President Schafer promised to send me a copy of Proposition 218. I did not receive that copy so I obtained a copy from my California Assemblymember, along with a copy of the "Arguments in Favor of" and the "Arguments Against" the proposition. I have thoroughly researched the law on this matter and it is clear to me that the way CMSD is assessing trash collection and sewer fees is in gross violation of the mandates of the proposition. 6�R0P �lg 04VkC10 rte4c AM40, s' FACTS • Situated on the referenced property are five small rentals, one with three rooms, one with two rooms, and three with one room. Each rental is suitable for and is occupied by one tenant. Trash generated by the tenants and by the property typically will not fill even three of the containers provided by CMSD. For the convenience of the tenants, however, four containers are on the property. CMSD assesses the owner of the subject property a "Trash Disposal Fee" and a "Sanitary Assessment" fee that are five times the fees it assesses owners of a single family residence. For a single family residence, CMSD will supply and service as many trash containers as the owner requests, all for the same minimum fee (Ord. #37). CMSD has offered the following reasons for assessing fees against the subject property that are five times those assessed against a property with a single family residence: 1. There are five rentals on the property 2. Each rental has a private entrance 3. Each rental has some kitchen facilities • 4. Each rental has its own mail box, and 5. Each rental has a bathroom. LAW AND ARGUMENT Proposition 218 was approved by the voters in November, 1996. Its provisions became part of the California Constitution, effective July 1, 1997 by adding: Article 13C "Voter Approval for Local Tax Levies," and Article 13D "Assessment and Property- Related Fee Reform." Only Article 13D is relevant to this matter. §1 "Applicat- ion," and §2 "Definitions" make it clear that the Article applies to CMSD and the subject fees. Any argument that it does not would be specious so no recitation is deemed necessary here. - 2 - • The above five criteria relied on by CMSD in setting the 40 fees on the subject parcel are all invalidated by §6(b)(3), which provides: "The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel." • It does not appear that CMSD has made any attempt to comply with this constitutional mandate. The fees are assessed against the property parcel (Ord. #37) and they are added to the owner's tax bill. The fees are not assessed against the tenants and the number of tenants cannot be a consideration by CMSD in setting the fees assessed against a parcel. Article 13D of the Constitution permits only one criterion in setting the fees, i.e., "the proportional cost of the service attributable to the parcel." ( §6(b)(3)) CMSD has offered the argument that because the rentals have some kitched facilities, the potential to generate more trash exists. Paragraph (b)(4) specifically provides: "Fees or charges based on potential or future use of a service are not permitted." CMSD's "Trash Collection Regulations" as set out in its Ordinance No. 37, provide that for a single family residence CMSD will furnish and service as many containers as the owner requests, with no additional fees. Parcel owners who take advantage of this liberal regulation are not paying their "proportional cost" so the costs of picking up their excess trash is born by all the other parcel owners. To date, only a few opinions have been published by the courts of record relating to the provisions of Article 13D that are discussed herein. They are discussed in Howard Jarvis Taxpayers Assn. v. City of Roseville, 97 CA4th 637. While the facts of that case differ from those presented here, the legal issues are the same and the case does relate to fees for water, sewer and refuse service. In footnote 16 (p. 645) the court cites and quotes from an opinion of the California Attorney General: "We believe that each water fee or charge must be examined individually in light of the (Proposition 218) constitutional mandate" 80 Ops. Cal. Atty. Gen, 183, 186 (1997) - 3 - In the "Analysis of Proposition 218" prepared by the Legislative Analyst, in the part entitled "Proposed Require- ments for Property - related Fees" (p. 2), the analyst states: "The measurement's requirements would also expand local government's administrative workload. For example, local governments would have to adjust many property- related fees, potentially (1) setting them on a block -by -block or parcel -by- parcel basis and (2) ending programs that allow low - income people to pay reduced property- related fees." The administrative workload of CMSD will, of course, expand when it begins complying with the mandates of Proposition 218. On May 21, 2002, I first complained to CMSD about the way fees were set for trash collection. Management's response was that the fees are being reconsidered and that fees will be changed so as to be based on the amount of trash picked up. No changes were made. On August 14, 2003, when I registered the same complaint at the public hearing held by CMSD, the same management responded that the changes in the fee structure necessary to comply with the mandates of Proposition 218 would be too time consuming, and that if the changes were made, other parcel owners would complain, i.e., those who are generating large amounts of trash but not paying their proportional share of the costs of its disposal. Management said it may reconsider the fee structure but not for at least another year. Clearly, none of the excuses offered by CMSD for its failure and refusal to comply with the mandates of 218 are valid. The mandates of the Constitution must prevail over the objections of the parcel owners who generate excessive trash but pay only the minimum fee, and those mandates must prevail over the objections of CMSD management that it would be too time consuming to comply with those mandates. SETTLEMENT DEMAND I firmly believe that CMSD should be ordered by a court to restructure its fees. If I must file a lawsuit to resolve this matter, that is one of the things that will be requested in the complaint so that all parcel owners similarly situated will benefit. In my circumstances /capacity, however, my first consideration must be the interests of the heir to the estate. I trust that your first interest is to dispose of this matter as rapidly as possible without the inconvenience and burden of a lawsuit. - 4 - 1� L' • Settlement demand, therefore, is that the fees assessed against the subject property be reduced to be more commensu- rate with the amount of services provided. As for the trash fee, I believe that since CMSD has furnished four containers, a fee that is twice that assessed against a single family residence would be fair. As for the "Sanitary Assessment" fee, the "proportional cost" of the service provided is not as easy to establish. I see no reason why it should differ from that for a single family residence but for settlement purposes, I will agree to a reduction to twice the fee assessed against a single family residence. The provisions of Article 13D have been in effect for six years and CMSD has collected excessive fees during that time. Demand is hereby made, therefore, for refund of the fees that exceeded twice the fees against a single family residence, subject to any applicable statute of limitations. CONCLUSION All the members of the Board of Directors, and the management and staff with whom I have had contact regarding this matter have been very pleasant and cordial, and I appreciate that. I trust that you will find the settlement demand to be fair and reasonable so this matter can be disposed of without litigation. Please respond promptly. If you should choose not to settle this matter, I must file the lawsuit without further delay. Thank you for your courtesy and cooperation. Very truly yours, Stanley Jensen 0 - 5 -