Minutes - Board - 2005-08-09 (2)h
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
AuRust 9, 2005, at 12:00 p.m. at 628 W.
19t Street, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
President Ferryman called the meeting to
order at 12:00 p.m.
Director Perry led the Pledge of
Allegiance
Director Woodside gave the invocation.
James Ferryman, Greg Woodside, Art
Perry, Arlene Schafer, Dan Worthington
None
STAFF PRESENT: Robin B. Hamers,
Manager /District
Engineer; Alan Burns,
Legal Counsel;
Tom Fauth, Assistant
Manager; Joan
Revak, Board Secretary/Program
Manager /Clerk of the
District; Wendy
Davis, Treasurer;
Sherry Kallab,
Accountant; Denise
Gilbert, Permit
Processing Specialist
OTHERS PRESENT: None
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
®� a AUGUST 9, 2005
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. ............................... CONSENT CALENDAR . ...............................
Ms. Davis requested the Treasurer's Report be considered at a later date from
the Consent Calendar, stating the report was not available due to the early
meeting date.
Director Schafer motioned to approve the Consent Calendar as presented, with
the exception of the Treasurer's Report. Director Perry seconded. Motion carried
4 -0.
Director Worthington arrived at 12:05 p.m.
REPORTS
MINUTE APPROVAL
Minutes of Regular The Minutes of the Regular Meeting of July 11,
Meeting, 2005, were approved as distributed.
July 11, 2005 0
CCM /MCWD /CMSD The Minutes of the CCM /MCWD /CMSD Liaison
Liaison Committee Committee Meeting of July 22, 2005, were
Meeting, July 22,2005 approved as distributed.
MANAGER'S REPORTS
Refunds There were no refunds for the month of July 2005.
Occupancy Report and The Trash Occupancy Count documented an
Payment of $194,616.34 increase of 1 unit for the occupancy report for solid
to Costa Mesa Disposal — waste collection as of August 1, 2005, therefore,
August 2005 the total for August is 21,257.
Board directed Staff to prepare a warrant for
$194,616.34 to Costa Mesa Disposal on September
1, 2005, for August 2005 collection count of 21,257.
Monthly Spill Report to The Monthly Spill Report to the Regional Water
Regional Water Quality Quality Control Board (RWQCB) for July 2005 was
Control Board (RWQCB) accepted as submitted. •
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
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ENGINEER'S REPORTS
Project Status Report The Project Status Report dated August 2005 was
accepted as submitted.
TREASURER'S REPORTS
Financial Report as of The Financial Report as of June 30, 2005 was
June 30, 2005 accepted as submitted.
Treasurer's Report as of The Treasurer's Report was not yet completed and
July 31, 2005 will be presented at the September meeting.
Warrant 2006 -2 for August Warrant Resolution #CMSD 2006 -2 was approved,
2005 in the amount of authorizing the President and Secretary to sign the
$609,014.89 warrant ratifying the payment of certain claims and
demands, and specifying the funds out of which the
same were paid in the amount of $609,014.89.
Directors Expenses for the Director Compensation and Expense
Month of July 2005 Reimbursement for the Month of July 2005 were
approved and ratified as follows:
Director Ferryman: $170.00
Director Perry: $680.00
Director Schafer: $1,020.00
Director Woodside: $340.00
Director Worthington: $850.00
END OF CONSENT CALENDAR ..........................
ATTORNEY'S REPORT
INDEMNIFICATION PROVISIONS IN CMSD AGREEMENTS
Mr. Burns provided a brief report regarding indemnification provisions in
CMSD Agreements. Mr. Burns stated he recommends the broadest
indemnity possible to minimize the District's exposure. SDRMA concurred
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
PAGE 4
Mr. Burns reported the District requested a broad indemnification from the
City of Costa Mesa in the City /District Agreement, the same requested of all
service providers to the District.
Mr. Hamers commended Mr. Burns for his foresight in having the District
contact SDRMA, the District's insurance provider, to ascertain their
recommendations to the District.
CITY /DISTRICT AGREEMENT
Mr. Burns provided a brief update on the current status of the City /District
Agreement.
Discussion was held.
The Board instructed Staff to prepare a letter for the President's signature to
the Mayor, City of Costa Mesa City Council, and Allan Roeder on behalf of
the Board stating that no agreement has been reached on the contract
language and it has been 13 months without an agreement in place.
Therefore, 120 day notice will be given to the City of Costa Mesa that the
District intends to discontinue use of the City's field crews.
Barring a change in the City's position, the District will utilize alternate means
of field crew services beginning December 15, 2005. The District plans on
relocating its equipment from the City Yard by this same date.
A copy of previous communication of January 13, 2005 will be included with
the letter.
Director Worthington motioned to direct Staff to prepare a letter to the Mayor,
City of Costa Mesa City Council, and Mr. Allan Roeder as directed. Director
Perry seconded. Motion carried 5 -0.
CURBSIDE HHW AGREEMENT
Mr. Hamers reported Curbside Inc. is no longer a part of Safety Clean and
provided a brief report regarding the District's possible liability.
Discussion was held.
The item was tabled and will be discussed at the September regular meeting. •
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
PAGE 5
COSTA MESA DISPOSAL AND CR TRANSFER CONSOLIDATED AGREEMENT
Mr. Burns reported he has continued to make phone calls to Costa Mesa
Disposal and CR Transfer and has not received a response.
WRITTEN COMMUNICATIONS
Ms. Revak reported there were no written comments received.
PUBLIC COMMENTS
There was no public in attendance, no public comments made.
MANAGER'S REPORTS
STANDARDIZED TRASH CONTAINER PROGRAM REPORTS
Mr. Fauth presented the Ordinance Enforcement Summary Report for the
month of August 2005. Approximately 20 courtesy flyers were distributed
to residents and three containers sprayed to cover graffiti markings.
Discussion held regarding trash containers in alleys.
Director Worthington suggested having Mr. Shef take photographs of the
alleys and present them for the Board's review.
Mr. Fauth will provide Mr. Shef with a list of alleys compiled from
complaints received.
CMSD STRATEGIC PLAN
YEAR 2005 STRATEGIC PLANNING ACTION ITEMS
NEW DISTRICT HEADQUARTERS
BUILDING AND GROUNDS AD HOC COMMITTEE
UPDATE ON IMPROVEMENTS
• Mr. Fauth presented a reproduction of the landscape improvement
drawing from Mr. Peter Weisbrod and provided a brief overview of
changes.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
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Mr. Fauth reported the contractor was contacted regarding the front
and rear doors corrections.
Mr. Fauth reported the right -of -way vacation for the flag pole
location will be available after August 15, 2005.
Mr. Fauth reported he is receiving quotes to paint the exterior of the
building.
REPAIR ROOF, PAINT BUILDING EXTERIOR, INSTALL LANDSCAPE
IMPROVEMENTS
Mr. Fauth provided a review of the repair matrix listing items in
order of repair precedence and requested approval from the Board.
In accordance with the District's rules and regulations, the Ad Hoc
Committee will accept bids and orchestrate the building
improvements shown in the CMSD Headquarters Matrix, not to
exceed $15,000. Any bid over $15,000 will be brought to the Board
for approval.
RESPONSE FROM CR &R ON TRASH COLLECTION RATES
Mr. Fauth reported he spoke to Mr. Ronnenberg of CR &R regarding
the trash collection rates. Mr. Ronnenberg stated he delegated the
item to his CFO.
Mr. Fauth reported a written response should be received within the
week.
Mr. Burns left the meeting at 1:25 p.m.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
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RECYCLING COMMITTEE - MONDAY, AUGUST 8, 2005 - 12:00 P.M., CMSD
BOARDROOM, 628 W. 19TH STREET, COSTA MESA, DIRECTORS WOODSIDE AND
WORTHINGTON
The Recycling Committee meeting was postponed to later in the month.
RECYCLING COMMITTEE GOALS FOR 2005/2006
TOURS OF CR TRANSFER AND OC LANDFILL
TOUR HELD JULY 13, 2005
Mr. Fauth presented photographs and a brief update on the July 13,
2005 tour.
TOUR SCHEDULED FOR AUGUST 24, 2005
Mr. Fauth reported an additional tour has been scheduled for
August 24, 2005.
NON - PROFIT. GROUP RECYCLING PROJECTS
Nothing reported due to postponement of Recycling Committee
meeting.
LARGE ITEM COLLECTION 2005
Ms. Revak reported the Large Item Collection program began June 13,
2005 and will run until August 26, 2005. As of July 29, 2005, 274.79 tons
were landfilled at a total cost of $6,045.16. Recyclable White Goods
collected during this period totaled 105.68 tons, for a credit of
$10,575.48, amounting to a net credit to date of $4,530.32.
Ms. Revak reported CR &R is paying $22 /ton to dispose of trash and
CMSD is being paid $100 /ton for white goods. White goods account for
25% of all items collected.
RECYCLING REPORTS
WASTE DIVERSION REPORT -JULY 2005
• Ms. Revak presented the Waste Diversion Reports for July 2005 showing
a 50.89% diversion rate.
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COSTA MESA SANITARY DISTRICT {
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
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Director Perry motioned to receive and file the report. Director Schafer
seconded. Motion carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPOSAL
PAYMENT FOR .TUNE 2005 SERVICES
Director Schafer motioned to ratify contract payment to CR Transfer for
recycling services and disposal for the month of June 2005 in the amount
of $209,434.55. Director Woodside seconded. Motion carried 5 -0.
PAYMENT FOR JULY 2005 SERVICES
Director Schafer motioned to ratify contract payment to CR Transfer for
recycling services and disposal for the month of July 2005 in the amount
of $191,678.56. Director Woodside seconded. Motion carried 5 -0.
JOINT MEETING WITH MIDWAY CITY SANITARY DISTRICT (MCSD) AT CMSD
HEADQUARTERS 0
Ms. Revak reported no meeting date has been received from Midway City.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS - (WDR)
GENERAL UPDATE
Mr. Hamers reported the Statewide WDR is being drafted and Steering
Committee members are meeting to review and provide comments.
Mr. Hamers reported the lawsuit between Coastkeepers and the Garden
Grove Sanitary District has not yet been settled.
PROJECT NO. 174 - GREASE CONTROL PROGRAM DEVELOPMENT
Mr. Hamers provided a FOG (Fats, Oils, and Grease) map for the
Board's review.
Mr. Fauth provided an update on the Permit statistics. •
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
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Mr. Fauth provided a brief review of the FOG recovery charges. Mr.
Fauth reported establishments will be charged as follows:
$150 for each hot food establishment
$60 for each cold food establishment
In the original matrix, there were 59 hot food establishments and 373
cold food establishments identified. Due to the latest data received,
there were 386 hot food establishments defined and 16 cold food
establishments.
Mr. Fauth's originally anticipated $142,000 in fees collected. With the
updated information, a total of $172,000 is anticipated, an increase of
$30,000.
Discussion was held. L
Director Perry motioned to approve the FOG recovery charges of $2.31,
$60.00, and $150.00 as shown in Mr. Fauth's report. Director
Worthington seconded the motion. Motion carried 5 -0.
DEVELOPMENT AGREEMENT AT 1901 NEWPORT BLVD. - EXCESS SEWER
FLOWS
Mr. Hamers reported the agreement is not ready for presentation.
INDEPENDENT ENGINEER'S REVIEW OF 2004 -2005 AND 2005 -2006 CAPITAL
IMPROVEMENT PROGRAM
Mr. Hamers provided the review for Board consideration.
Director Schafer motioned to approve the Independent Engineer's Review of
2004 -2005 and 2005 -2006 Capital Improvement Program, subject to making
the recommended changes, and payment of the invoice of $1,875.00.
Director Woodside seconded. Motion carried 5 -0.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
j!a " AUGUST 9, 2005
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PROJECT #166 - MANHOLE AND PUMP STATION RECOATING
Mr. Hamers reported Project #166 has been completed and recommended
the Board accept the improvements as completed and file a Notice of
Completion, authorize payment of 5% retention 35 days after Notice of
Completion is recorded, and exonerate Labor and Material Bond 35 days
after Notice of Completion is recorded. Exonerate Faithful Performance
Bond one year after Notice of Completion is recorded.
Director Woodside motioned to accept the improvements as completed and
file a Notice of Completion, authorize payment of 5% retention 35 days after
Notice of Completion is recorded, and exonerate Labor and Material Bond
35 days after Notice of Completion is recorded, exoneration of Faithful
Performance Bond one year after Notice of Completion is recorded. Director
Perry seconded. Motion carried 5 -0.
PROJECT #101 - WESTSIDE PUMPING STATION ABANDONMENT
Mr. Hamers presented Project #101 - Westside Pumping Station •
Abandonment, and a proposal to begin the design phase of the project. Mr.
Hamers recapped the favorable comments for the project included in the
independent engineer's review of the project.
Director Schafer motioned to authorize preliminary engineering of Project
#101, Westside Pumping Station Abandonment, not to exceed $15,000.
(Engineer $80.00 /hour and 2 -man surrey crew ($185 /hour). Director Perry
seconded. Motion carried 5 -0.
PROJECT #168 - TUSTIN PUMPING STATION RELOCATION - PHASE 1
Mr. Hamers tabled Project #168 Tustin Pumping Station Relocation — Phase
1.
TREASURER'S REPORTS
CORRECTED LAFCO FUNDING CONTRIBUTION FROM CMSD
Ms. Davis presented a corrected LAFCO funding contribution report. Ms.
Davis reported the Board previously approved fees for the LAFCO
contribution of $11,781.73. •
Ms. Davis reported LAFCO had an error in their formula on their worksheets,
resulting in a corrected contribution amount of $16,541.57.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
PAGE 11
Director Perry motioned to re- approve Resolution No 2005 -711, Approving an
Alternative Formula for Distributing LAFCO Fees Among the Independent
Special Districts in Orange County, approve the corrected LAFCO
contribution in the amount of $16,541.57, and an adjustment of $4,761.00
from contingency to fund the professional membership dues. Director
Woodside seconded. Motion carried 5 -0.
LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
REGULAR MEETING - JULY 20, 2005 (PRESIDENT FERRYMAN /DIRECTOR
SCHAFER)
Director Schafer attended the OCSD meeting. Director Ferryman reported
the following:
• Blake Anderson submitted resignation — Board did not accept the
resignation ,
• Oversight Committee monitoring Anderson
SANTA ANA RIVER FLOOD PROTECTION AGENCY
The Santa Ana River Flood Protection Agency Meeting was cancelled.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
Director Schafer attended the meeting on August 2, 2005 and reported
they discussed the following:
• Next meeting at OCSD (October 28, 2005 - Quarterly meeting)
• LAFCO dues
• California Governor requested to be speaker at next meeting
LOCAL AGENCY FORMATION COMMISSION ( LAFCO)
Director Schafer will attend the August 10th meeting and provided a brief
update of the items on the agenda to be discussed.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
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CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
Director Schafer participated in a conference call CSDA meeting and
reported they discussed the following:
• August 23, 2005 meeting in Oxnard
• Annual Conference in Long Beach
ANNUAL CONFERENCE AND EXHIBITOR SHOWCASE - SEPTEMBER 27-29,2005,
LONG BEACH
Director Perry motioned to approve attendance for Directors Schafer and
Worthington, to the September 27 -29 CSDA Conference and Exhibitor
Showcase in Long Beach. Director Woodside seconded. Motion carried
5 -0.
MEETINGS OF: COSTA MESA CITY COUNCIL, OCCOG, WACO, CHAMBER OF
COMMERCE
WACO
Director Schafer attended the WACO meeting of August 5, 2005, and
reported the following:
• CSDA program guest speakers
• Update on Federal Water Issues
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
RESOLUTION NO. CMSD-2005 -712 - ELECTION OF SEVEN DIRECTORS TO THE
SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY BOARD OF DIRECTORS
Director Schafer provided a brief update on the upcoming election.
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Director Schafer motioned to adopt Resolution No. CMSD- 2005 -712 —
Election of Seven Directors to the Special District Risk Management Authority .
Board of Directors. Director Woodside seconded. Motion carried 5 -0.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 9, 2005
PAGE 13
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Perry requested the Ad Hoc Committee meeting date be changed to
September 30, 2005.
ADJOURNMENT
At 8:13 p.m., President Ferryman adjourned the meeting.
SECRETARY
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PRESIDENT