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Agenda Packets - Board - 2003-12-100 • I. II. III. IV. 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 ll). Regular Meeting - Wednesday, December 10, 2003 RECOMMENDED ACTION CALL TO ORDER — 6:00 p.m. — Conference Room 3A - Costa Mesa City Hall PLEDGE OF ALLEGIANCE — Director Worthington INVOCATION — Director Woodside 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 — November 12, 2003 • 2. Regular Meeting — November 12, 2003 1totecting our community's health 6y prwiding sobd waste and sewer colrection services. costamesasanitaryd' tact. org r.t ' COSTA MESA SANITARY DISTRICT December 10, 2003 AGENDA Page 2 • RECOMMENDED ACTION 3. Liaison Committee Meeting — November 13, 2003 M Pp Manager's Reports OV4 Refunds Approve Occupancy Report and payment to Costa Mesa Disposal — December 2003 Approve 6. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) Receive and File Engineer's Reports 7. Project Status Report Receive and File Treasurer's Reports 8 Financial Report as of November 30, 2003 Accept Report 9. Report of Monies on Deposit as of November 30, 2003 Receive and File 10 Warrant Register for December 2003 in the amount of $538,518.22 Approve Payment • 11. Directors' Compensation and Reimbursement of Expenses for the month Ratify Expenses of November 2003 -------------------------------------- - - - - -- -END OF CONSENT CALENDAR--------------------------------------- - - - - -- VI. WRITTEN COMMUNICATIONS VI1. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Anti - Scavenging and Screening of Trash Containers Enforcement Reports Consider lz - Standardized Container Program — Lifting Bar Replacement Update Accept Report C. /CMSD Strategic Plan f/ 1. Year 2003/2004 Action Items Receive and File a. Action Item 1.4 — Presentation of Financial Statements by Auditor Accept Report /2. Institutional Issues a. Letter from City Manager dated November 26, 2003 Consider Reply D. ecycling Reports 1. Waste Diversion Report — November 2003 Receive and File (Protecting our community's health 6y providing sob'd waste and sewer colrection services. costamesasanitarydu' trict. org COSTA MESA SANITARY DISTRICT December 10, 2003 AGENDA Page 3 • RECOMMENDED ACTION E. Contract Payment to CR Transfer for recycling services and disposal 1. Payment for November 2003 Services Approve Subject to Verification of Diversion Report by Staff F. Recycling Committee — Tuesday, December 9, 2003 — 9:00 a.m., CR -5A Directors Worthington and Ferryman 1. Strategic Planning 2003 - Public Outreach — Classroom Recycling Projects Consider 2. CostaMazing — District Participation Consider 11 a 7 3. 2003 School Telephone Book Recycling Program "' a Accept Report 4. 2003 Christmas Tree Recycling Program Accept Report 5. Recycling Batteries Accept Report IX. REPORTS /ENGINEER'S • ` A. Waste Discharge Requirements (WDR) ` 1 General Update Verbal Report from /2. Manager and Attorney Education Program Decline Participation in Regional Program /3. Phase II Agreement Authorize Signatures and Approve Expenditure /B. Transfer of OCSD Sewers to CMSD — Part 3 — California Street Approve in Concept Sewers Project No. 129 — Bristol Street Sewer System Direct Staff to Prepare New Cooperative Agreement X. /A. REASURER'S REPORTS Investment Policy Revision, Resolution No. 2003 -676 Adopt Resolution XI. ATTORNEY'S REPORTS • A. 433 Walnut Place Agreement Consider Trotecting our community s health 6y providing solid waste and sewer collection services. costamesasanitarydistrict. org a'• COSTA MESA SANITARY DISTRICT AGENDA U B. Proposed Amendment of Operations Code to Require Compliance with t e Tort Claims Act 1. Ordinance No. 44 XII. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) 1. Regular Meeting — November 19, 2003 (Director Ferryman) B. Santa Ana River Flood Protection Agency December 10, 2003 Page 4 RECOMMENDED ACTION Adopt Ordinance Accept Report 1. Meeting on November 13, 2003 Accept Report C. Independent Special Districts of Orange County (ISDOC) Wg(3Y Accept Report D. Local Agency Formation Commission (LAFCO) Consider E. California Special Districts Association (CSDA) Consider • 1. Local Taxpayers and Public Safety Protection Act Consider Support 2. Local Government Ballot Initiative Consider Resolution 3. 2004 Membership Dues in the amount of $2,373.00 Approve Payment F. California Association of Sanitation Agencies (CASA) Consider XIII. OLD BUSINESS XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS ,— XVI. CLOSED SESSION A. Conference with Legal Counsel — Anticipated Litigation 1. 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) 101. ADJOURNMENT 1rotecting our community's health 6y providing solid waste and sewer colrection services. costamesasanitaryAgtrict. org �S�SAN/T�Ry V l Y yc�'PPORATb�,9 COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING NOVEMBER 12, 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 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 on the presentation at Davis School on November 5, 2003 and presented photographs. Ten classrooms (300 students) attended this well- received presentation. CMSD Staff Tom Fauth and Joan Revak attended and assisted Director Worthington. It was suggested that other Directors attend future presentations. Director Worthington reported the next presentation would be at the Carolyn Eckert Day Care Center on Wednesday, November 19, with another presentation scheduled for Friday, November 21 at St. Joachim's School. COSTAMAZING — DISTRICT PARTICIPATION Ms. Revak presented the sealed card in the form it will be distributed at the CostaMazing Fun Run on February 7, 2004. The card features a picture of the Adobe at the Costa Mesa Estancia at 1900 Adams Avenue with history on the Adobe and the peppercorns. Two hundred will be manufactured for giveaway at the Fun Run and for future distribution by the District. 2003 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak presented the flyer for the 2003 School Telephone Book Recycling program. The program will run from December 1, 2003 to January 12, 2004. Bins will be distributed to the 27 participating schools the week of November 24. 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. Protecting our community s health 6y proveing soCul waste and sewer co[%ction services. costamesasanitarydiistrict, org �S,SANIT,�gro Costa Mesa Sanitary District Minutes of Recycling Committee Meeting {t s r 12 November , 2003 OR Page 2 04PA��9 2003 CHRISTMAS TREE RECYCLING PROGRAM Ms. Revak presented the flyer for the 2003 Christmas Tree Recycling program. PUBLIC COMMENTS There were no public comments. The meeting was adjourned at 9:45 a.m. Secretary President • (protecting our community's health 6y providting sotid waste and sewer collection services. costamesasanitarydutnct. org S,SimiT,q. aiN . o � u '-A 0'pOY � S 0 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. President Schafer called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Claire and Leah Woodside led the pledge. INVOCATION Director Woodside gave the invocation. ROLL CALL 0 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; 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. COSTA MESA SANITARY DISTRICT �= MINUTES OF BOARD OF DIRECTORS REGULAR MEETING g a NOVEMBER 12, 2003 �outta. PAGE 2 REPORTS MINUTE APPROVAL Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting, of October 7, 2003, were approved as distributed. October 7, 2003 Minutes of Investment The Minutes of the Investment Oversight Meeting Oversight Meeting, of October 8, 2003, were approved as corrected. October 8, 2003 Minutes of Regular The Minutes of the Regular Meeting of October 8, Meeting, 2003, were approved as distributed. October 8, 2003 Minutes of Special The Minutes of the Special Meeting of October 13, Meeting, 2003, were approved as distributed. October 13, 2003 MANAGER'S REPORTS 0 Refunds 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 • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 rou+•° PAGE 3 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. Hamers reported there were no written communications received PUBLIC COMMENTS There were no public comments made. COSTA MESA SANITARY DISTRICT a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 �•ro "'"� PAGE 4 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: I nrnfinn f.n1k fnr Service Cite /Arrest Area 1 2 4 (+ 1 out of city boundary) 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. Shef s 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. • • • • • ,r INSTITUTIONAL ISSUES COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 PAGE S 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 - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 rou4° PAGE 6 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. 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 rou+i° 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. COSTA MESA SANITARY DISTRICT s ° MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 PAGE 8 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. 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. Hamers 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. LOCAL MEETINGS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 PAGE 9 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 0 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. Hamers, 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. COSTA MESA SANITARY DISTRICT - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 12, 2003 ro.na PAGE 10 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) COSTA MESA SANITARY DISTRICT f s ° MINUTES OF BOARD OF DIRECTORS REGULAR MEETING t =�* NOVEMBER 12, 2003 PAGE 11 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 • • PRESIDENT r • • . Minutes of Liaison Committee Meeting City of Costa Mesa Costa Mesa Sanitary District Mesa Consolidated Water District November 13, 2003 The Liaison Committee Meeting between the City of Costa Mesa, the Costa Mesa Sanitary District and Mesa Consolidated Water District met at 7:30 a.m. at City Hall, 77 Fair Drive, Costa Mesa. The City of Costa Mesa hosted the meeting. Mesa Committee Members: City Committee Members: Sanitary District Members: Others Present Discussion: Jim Atkinson, President Paul Shoenberger, Vice President Diana Leach, General Manager 1,s Libby Cowan, Council Member Mike Scheafer, Council Member (absent) Ann Shultz, Legislative & Public Affairs Manager Allan Roeder, City Manager Arlene Schafer, President Greg Woodside, Director Rob Harriers, Manager /District Engineer Mike Berry 1. Restaurant Grease Control Program Rob Harriers described the grease control program the Sanitary District will be implementing to meet the Regional Water Quality Control Board's new regulations. 2. Colored Water Treatment Facility Jim Atkinson described the additional bromide level requirements soon to be required by new legislation and how that will affect the facility. 3. Westside Improvements Allan Roeder described the Placentia Avenue, Monrovia Avenue, and 19th Street improvements and how it will reshape the Westside. Diana Leach requested all future applications for funding include utility relocations if allowed under the application. 4. Mesa's Proposed Enterprise Programs Jim Atkinson described the enterprise programs under consideration by MCWD. Minutes of Liaison Committee Meeting November 13, 2003 Page 2 5. Centerline Project • Allan Roeder gave an overview of the proposed route through the City. Diana Leach mentioned the significant impact of the light rail project on Mesa's existing water lines. The deletion of the portion in Irvine will not affect the alignment in Costa Mesa. 6. Groundwater Replenishment System Jim Atkinson gave an update of the project status. When completed, the facility will be the largest reclamation facility in the United States. 7. Water Issues Study Group Mesa requested notification of the study group be included in the City newsletter that is published every two months. Ann Shultz will coordinate the request. 8. Website Link Ann Schultz confirmed the City's website will provide a link to the MCWD website. 9. Kemp Reservoir 0 Jim Atkinson expressed appreciation of the City's efforts of keeping the landscaping at the reservoir very nice looking. 10. Storm water program Allan Roeder and Libby Cowan gave an overview of the City's requirements and compliance with the NPDES Program. Allan distributed pictures of City catch basins with grates to trap leaves and debris. 11. Next Liaison Committee Meeting The group agreed the Sanitary District will be the next host and the meeting is tentatively scheduled for the 2 "d Thursday in February 2004 and the agenda should have a maximum of 10 items. President Secretary • • CITY OF COSTA MESA P.O. BOX 1200 CALIFORNIA 92628 -1200 FROM THE OFFICE OF JOHN D. HENSLEY, CHIEF OF POLICE November 18, 2003 - Ms. Arlene Schafer, President Costa Mesa Sanitary District Post Office Box 1200 Costa Mesa, California 92628 -1200 Dear Ms. Schafer: Thank you for your letter of appreciation dated November 13, 2003, regarding the decrease in the scavenging activity in the City. I am extremely proud of the Costa Mesa Police Department staff for performing their duty without hesitation and with professionalism. On behalf of the Costa Mesa Police Department, it is a pleasure to receive your letter of appreciation, and I will route a copy throughout the department and to Allan Roeder, City Manager. I would also like to thank you for your congratulations on my recent appointment as Chief of Police for the Costa Mesa Police Department. I am very excited to work for the Costa Mesa Police Department and look forward to the challenges that will come my way. I look forward to working with you and appreciate the courtesy that you have always shown to the Costa Mesa Police Department. Sincerely, JDH:djw www. ci. costa -mesa. ca. us 5o moCh {vr�}i� -fw� qoo, ('Cf10.��v2 cGYIA �On �vn Lws n, rug, �zsc- a \\ r ram • Davis Education Center 1050 Arlington Dr. Costa Mesa, CA. 92626 November12, 2003 Costa Mesa Sanitary District. P.O. Box 1200 Costa Mesa CA. 92628 -1200 Dear President Jim, I am a sixth grader at Davis Elementary. I just wanted to let you know that I liked the magic tricks you demonstrated at my school. I also wanted to help on keeping our district cleaner and on keeping the recycling going. I also wanted to know how I could help a little more. I also wanted to ask you if I could do something else beside just recycle. Maybe I could make flyers and put them on neighbor's doors so they could also help keep clean. • Thank you for taking your time to come to our school and teaching us. Maybe you could send a letter back to me at 980 Mission Dr. #1 Costa Mesa CA. 92626 Sincerely Israel Bravo coo 600 6a pp uosta),L,- Sanmrtonr�q - ... an Inbepenbent Special District Board of Directors Arlene Schafer Greg Woodside James,Ferryman Art Perry Dan Worthington Staff Robin B. Hamers Manager District Engineer (949) 631 -1731 Thomas A. Fauth Assistant Manager 40714) 754 -5043 Joan Revak Clerk of the District (714) 754 -5087 Fax (714) 432 -1436 Mailing Address P O. Box 1200 Costa Mesa, CA 92628 -1200 Street Address 77 Fair Drive �osta Mesa, CA 92626 -6520 L� Printed on Recycled Paper November 20, 2003 Israel Bravo Davis Education Center 1050 Arlington Drive Costa Mesa, CA 92626 Dear Israel: The Costa Mesa Sanitary District hereby commends you for your efforts and concerns for the environment. Good citizens such as you play a vital role in protecting the earth's resources. Since you are ready to help, enclosed are ten of the latest newsletters from the District. Please deliver them to your neighbors. If you are interested in making your own flyers, please do so and also send us a copy. Please call us whenever you need recycling information. Sincerely, Dan Worthington Director Enclosures Protecting our commmnity is W alts w,� provibin9 solib waste anb sewer cof tection services. costamesasanitary bistrict.org t • • CITY OF COSTA MESA CALIFORNIA 9262 8-1200 P.O. BOX 1200 FROM THE OFFICE OF THE CITY MANAGER November 26, 2003 President Arlene Schafer Costa Mesa Sanitary District P.O. Box 1200 Costa Mesa, California 92626 -6520 Subject: Independence of Sanitary District Operations Meeting with Council Members on October 29, 2003 Dear Arlene: This is to follow up and affirm the points in your correspondence to Mayor Gary Monahan dated November 14, 2003 on the above subject. I believe I can speak on behalf of Council Members Libby Cowan and Mike Scheafer that the meeting was valuable in terms of clearly delineating the District's interests and what the City of Costa Mesa can do to make this a smooth transition. In terms of the specific points in your letter, I would like to clarify a few items so that both parties — the District and the City — have a mutual understanding of what is to be accomplished. As we discussed at our meeting of October 29, 2003, 1 did follow up and meet with the field personnel currently serving the District. We had a very good conversation and I shared with them the key items from our meeting. Since I have known all of the personnel for many, many years it was a very comfortable, candid conversation. All of the personnel are very hard working, conscientious employees. They did not express any concerns regarding their continued employment with the City of Costa Mesa and their service to the Sanitary District. However, there were a couple of items that do bear mentioning: ■ Members of the crew indicated that they had been advised that subsequent to the District becoming independent of the City, District employees instead of City employees would fill vacancies on the crew. There was a concern relative to how that would work, who would be providing supervision, etc. I simply advised that for whatever period of time the City may contract maintenance services to the District, the employees would be City employees. Any transition of personnel would 77 PAia nRIVF (714) 754 -5327 FAX (714) 754 -5330 TDD (714) 754 -5244 be worked out well beforehand and would take their concerns into consideration. ■ A second item came up regarding certification of field personnel. My understanding is that the District has required field personnel to become certified in certain specific skills. Further, the District is committed to compensating the personnel for the certification. Some of the personnel suggested that the certification seemed somewhat outside of their area of responsibility and /or expertise. The matter raised - questions in my mind relative to the City's adopted Personnel Rules & Regulations as well as our existing Memorandum of Understanding with the Costa Mesa Employees Association relative to classifications and compensation. I simply advised the crew that I would raise the subject in my communications with the District and request that Rob Hamers, Bill Morris and our Personnel Division review the situation simply to ensure that we are all living up to our existing legal commitments. As agreed, Bill Morris and Marc Puckett are preparing the cost proposal for the City to continue to provide field maintenance services. As a relatively minor but important point of clarification, we are assuming that the cost should reflect those services provided by the City to support this crew's operation. This would include but not necessarily be limited to equipment maintenance and the provision of materials and supplies necessary for the crew to function. I am requesting of Bill and Marc that they detail each of these cost elements so the District can make its decisions intelligently as to which services they choose to contract with the City. Marc Puckett will prepare a cost proposal for he and his staff to continue to provide Treasury Management Services to the District. As your letter requested, this will include the provision of investment services and updating the investment policies, preparing the report on monies on deposit, compliance of the District's accounting method with GASB 34, Long Range Revenue Projections, development and presentation of the District's annual budget, and updating the Solid Waste Long Term Financial Plan. I am requesting Marc to detail cost elements for these services so that the District can make its decisions as to which services they choose to contract with the City. As you and the Board are aware, the City Attorney's Office is short staffed at present and undergoing an organizational review. Accordingly, I would respectfully request that the District's legal counsel prepare the initial draft of the new City /District Agreement for review and consideration by both parties. With City staff already assuming responsibility for the maintenance proposal and the financial proposal and given our current staffing limitations in the legal area, I would hope the District does not find this request unreasonable. Assuming all of the preceding goes as proposed, I see no problem with our recommending to the full City Council acceptance of the modifications to the existing agreement. We clearly understand the need for flexibility in the timing of these changes and will do everything on our part to make the transition as smooth as possible. This will certainly be the case whether or not the June 30, 2004 target date is achieved. Speaking strictly for City staff, we well understand the tremendous undertaking this effort is for the District. Over the decades, there are innumerable services the public has come to rely on from the District and the District, in turn, has come to rely on from the City. Much of the staff's support goes relatively unseen and oftentimes unacknowledged. Whether those are services from Graphics & Production, Management Information Services, Accounting, Telecommunications or any of a number of other support functions, they have been key to our mutual success. We fully understand it will be a major challenge for the District to develop those resources from the ground up. And while we will be more than happy to assist in the conversion process, we are not in a position to set up new systems and services for the District. We will be pleased to share anything we can in the way of policies, procedures or other materials of benefit to the District. We look forward to meeting again soon to go over the results of the preceding. Sincerely, Allan L. Roeder City Manager ALR /df c: ity Council zard of Directors, Costa Mesa Sanitary District Rob Hamers, District Manager Acting City Attorney Public Services Director Finance Director Administrative Services Director Field Crew, Sanitation t r� u. /j j COSTA 911ESA SANYTARTDISTWCT Memorandum ... an Independent Specia[Di strict To: Board of Directors Staff From: Robin B. Harriers, Manager /District Engineer Date: December 2, 2003 Subject: Clarification of November 26, 2003 Letter from City Manager The attached letter from. City Manager Allan Roeder is in reply to the letter from Board President Arlene Schafer to the Mayor and Costa Mesa City Council. This memorandum provides clarification of the information contained in the City Manager's • letter. The letter states that the City field crews were told that obtaining certification was required and that the District is committed to providing additional compensation upon the field crews obtaining the certification. The statements by the field crews to Allan Roeder were in error and do not represent what the field crews have been told by both the CMSD Manager /District Engineer and the CMSD Assistant Manager on a number of occasions. • The field crews were encouraged to obtain the certification because it represents obtaining a level of expertise as described in the certification. The only available certification is through the California Water Environment Association (CWEA) and they provide certification of Grades 1 -4 for sewer collection systems. The field crews were also told that if the field crew members obtain certification, a recommendation would be made to the CMSD Board to approve an increase in compensation based on achieving the certification. Unfortunately, the first time the five field crew members sat for the exam, none of them received a passing grade. The CMSD Assistant Manager volunteered to hold classes for the field crew members to assist them in learning the skills to pass the Grade 1 exam. 1Trotecting our community's health by providing soW waste and sewer collection services. costamesasanitarydistrict. org Clarification 'of November 26, 2003 Letter December 2, 2003 from City Manager Page 2 • In actuality, the certification of field crews is a complicated issue frequently discussed at the WDR Steering Committee meetings. The WDR language has been interpreted differently by many agencies and a legal opinion from Alan Burns was requested to clarify the issue. The WDR language states: - "The discharger shall properly fund, manage, operate and maintain, with adequately trained staff and /or contractors possessing adequate knowledge skills and abilities as demonstrated through a validated program at all times, all parts of the sewage collection system owned and /or operated by the discharger." Alan's legal opinion is being transmitted separately from this memorandum but states that the WDR language is not definitive as to whether the field crews must be certified through CWEA. The issue is whether CWEA certification is the only "validated" program available. Many of the agencies have interpreted the language to mean that their field crews must obtain CWEA certification. OCSD's position has always been that all OCSD collection system workers must obtain at least a Grade 1 CWEA certification. The City of Anaheim is considering a position that CWEA certification is not required for existing workers but is required for all new workers. • Staff is requesting Board discussion of this specific item and adoption of a position. If the Board adopts a position that CWEA certification is required, there may be an impact on continuing the use of the current field crew members. The parameters of field crew training and education will be included in the forthcoming new City /District operating agreement. The Board may choose to discuss this item at a Special Meeting because of the complicated nature of the WDR language and the impact on current CMSD operations. • • • LAW OFFICES CIF HARPER & BURNS LLP A LUrtSID LWBR.ITI" PARThr' RU& UiCLUDWU A PRUFF391ONAL CARPURARIIN 453 S GLASSELL STREET ORANGE, CALIFORNIA 92mb (714) 771 -7 nn FAX (714) 744050 TO: Honorable President and Board of Directors FROM: District Counsel DATE: December 3, 2003 61Y= @SJE)F SAKBFNNARr)1WQ (904) 674 -0698 0)0p�� RE; Proposed Amendment of Operations Code to Require Compliance With the Tort Claims Act The proposed ordinance will amend our Operations Code to incorporate the latest court case holding making certain sewer refunds subject to the Tort Claims Act. The Court of Appeals in I ltilitV Audit (2003) 5 Cal.Rptr.3d 523 held that sewer charge refunds in which some service was received are subject to the Tort Claims Act, which generally requires that a claim be submitted within one year before a claim can be honored. Since this case has established that law, there is an argument that can be made that giving anything more would be an "unconstitutional gift of public funds" in that the District would be paying money without legal obligation. It is therefore recommended that you adopt the proposed ordinance. Obviously, insisting on Tort Claims Act compliance will reduce any liability that the District has for these types of claims as the period for refund has been reduced from three years to one year- Cc District Manager / Engineer Staff an R. Burns District Counsel /LLkN R. BURNS JOHN R. HARPER' or COUNMR. _ JIM] A CURTIN" MICHAEL MONTGOMERY' •A PROFEssIONAL CIAPORATMV • • LAW OFFICES CIF HARPER & BURNS LLP A LUrtSID LWBR.ITI" PARThr' RU& UiCLUDWU A PRUFF391ONAL CARPURARIIN 453 S GLASSELL STREET ORANGE, CALIFORNIA 92mb (714) 771 -7 nn FAX (714) 744050 TO: Honorable President and Board of Directors FROM: District Counsel DATE: December 3, 2003 61Y= @SJE)F SAKBFNNARr)1WQ (904) 674 -0698 0)0p�� RE; Proposed Amendment of Operations Code to Require Compliance With the Tort Claims Act The proposed ordinance will amend our Operations Code to incorporate the latest court case holding making certain sewer refunds subject to the Tort Claims Act. The Court of Appeals in I ltilitV Audit (2003) 5 Cal.Rptr.3d 523 held that sewer charge refunds in which some service was received are subject to the Tort Claims Act, which generally requires that a claim be submitted within one year before a claim can be honored. Since this case has established that law, there is an argument that can be made that giving anything more would be an "unconstitutional gift of public funds" in that the District would be paying money without legal obligation. It is therefore recommended that you adopt the proposed ordinance. Obviously, insisting on Tort Claims Act compliance will reduce any liability that the District has for these types of claims as the period for refund has been reduced from three years to one year- Cc District Manager / Engineer Staff an R. Burns District Counsel `C f 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 WHEREAS, the Board of Directors has established a sewer refund policy which recognizes that the District cannot constitutionally make a gift of public funds and provide refunds for sewer charges that are beyond the statute of limitations; and WHEREAS, the Court of Appeals has now rendered a new decision, Utility Audit Company v City of Angeles (2003) 5 Cal.Rptr.3d 520 that has established that the Tort Claims Act applies to sewer charge refunds; and WHEREAS, the Tort Claims Act generally requires that claims be presented within one year of the accrual of the cause of action; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does herby ORDAIN as follows: 0 Section 1. That Section 16.02.040 of the District's Operations Code is amended to read: "Section 16.02.040. Refund Policy. In light of the above, the Board does hereby establish the following as its refund policy for sewer and trash assessments: (a) For all claims for refunds for sewer or trash service for which a special rule (set forth below) does not apply, refund procedures and time limitations will be governed by the Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to, the requirements that the claimant present a written request for a refund from the Board within one year of the accrual of the cause of action. Refunds will be allowed if the claimant's request satisfies the procedures of the Tort Claims Act and if the claimant establishes that his or her claim is meritorious. (b) For amounts "paid under protest ", refunds may be allowed for up to four years provided that the procedures of the Health and Safety Code and Revenue and taxation Code were followed. (See Health and Safety Code Section 5472; Revenue and Taxation Code Sections 5097 and 5140 et seq.) (c) Persons who have paid sewer service fees but who have received no service and have not been connected to the District's system shall be eligible for a refund depending on when the fees were collected as follows: • (1) If the fees were collected before January 1, 1992, there is no statue of limitations and the claimant may submit a claim for such amount that he can prove that he paid and for which he received no service. (2) If the fees were paid after January 1, 1992, a claim must have been filed within 180 days of the date of the payment. (3) Subsections (a) and (b) above only apply to fees collected and do not apply to sewer assessments. (See Government Code Section 53082.)" Section 2. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. ,S • -tPC ion 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law and it shall take effect upon the expiration of one week after publication. PASSED and ADOPTED this day of Secretary President 2003. • i STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 44, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the day of 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this day of 2003. • Clerk of the Costa Mesa Sanitary District •