Minutes - Board - 2007-03-08•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 08, 2007
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
March 08, 2007, at 6:09 p.m. at 628 W.
19th Street, Costa Mesa.
Director Ooten called the meeting to
order at 6:09 p.m.
PLEDGE OF ALLEGIANCE Director Ooten led the Pledge of
Allegiance.
INVOCATION Mr. Fauth gave the invocation.
• ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
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James Ferryman, Art Perry, Gary
Monahan, Bob Ooten
Arlene Schafer, and excused. Director
Schafer was representing the District at a
CSDA meeting in Sacramento.
Robin B. Hamers, Manager /District
Engineer; Alan Burns, Legal Counsel;
Tom Fauth, Assistant Manager; Joan
Revak, Board Secretary/Program
Manager /Clerk of the District; Marc Davis,
Treasurer; Sherry Kallab, Accountant;
Karl Dulake, Maintenance Supervisor;
Debbie Bjornson, Permit Processing
Specialist; Denise Gilbert, Public
Outreach Coordinator; Ron Shef,
Ordinance Enforcement Officer
Mr. Dan Worthington, 2963 Mindanao
Drive, Costa Mesa
Ms. Gina Keuilian, 1079 Visalia Drive,
Costa Mesa
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. ............................... CONSENT CALENDAR . ...............................
Director Monahan motioned to approve the Consent Calendar as presented. Director
Ferryman seconded. Motion carried 3 -0.
REPORTS
MINUTE APPROVAL
Minutes of Recycling
Committee Meeting —
February 5, 2007
Minutes of Regular
Meeting —
February 7, 2007
• Minutes of Special
Meeting — February 15,
2007
Minutes of Sewer System
Committee Meeting —
February 21, 2007
MANAGER'S REPORTS
REFUNDS
The Minutes of the Recycling Committee Meeting
of February 5, 2007, were approved as distributed.
The Minutes of the Regular Meeting of February 7,
2007, were approved as distributed.
The Minutes of the Special Meeting of February 15,
2007, were approved as distributed.
The Minutes of the Special Meeting of February 21,
2007, were approved as distributed.
There were no refunds for the month of February
2007
Occupancy Report and The Trash Occupancy Count documented an
Payment of $195,440.32 increase of 14 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of March 1, 2007.
January 2007 Therefore, the total for March is 21,347.
Board directed Staff to prepare a warrant for
$195,440.32 for March 2007 collection based on
occupancy report. Said payment in the amount of
$195,440.32 to Costa Mesa Disposal to be ratified
on the April 2007 warrant register.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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PAGE 3
Monthly Spill Report to The Monthly Spill Report to the State Water
State Water Board Resources Board for February 2007 was accepted
as submitted.
Minutes of Human The Minutes of the Human Resources Meeting of
Resources Meeting - February 20, 2007 were approved as distributed.
February 20, 2007
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated January 2007 was
pulled for discussion.
TREASURER'S REPORTS
Financial Report as of The Financial Report as of February 28, 2007 was
February 28, 2007 accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of February 2007 was
February 2007 accepted as submitted.
Warrant 2007 -9 for Warrant Resolution #CMSD 2007 -9 was approved,
February 2007 in the authorizing the President and Secretary to sign the
amount of $640,745.97 warrant ratifying the payment of certain claims and
demands, and specifying the funds out of which the
same were paid in the amount of $640,745.97.
Directors Expenses for the Director Compensation and Expense
Month of February 2007 Reimbursements for the Month of February 2007
were approved and ratified as follows:
Director Ferryman: $1020.00
President Perry: $680.00
Vice President Schafer: $1020.00 + 14.85
Director Ooten: $920.00
Director Monahan: $680.00
END OF CONSENT CALENDAR .........................
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WRITTEN COMMUNICATION
There were no written communications.
PUBLIC COMMENTS
There were no comments from the public in attendance.
MANAGER'S REPORTS
CMSD STRATEGIC PLAN
YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS
Mr. Hamers presented the 2007/2008 Strategic Planning Action Items for
consideration.
Director Monahan motioned to accept the 2007/2008 Strategic Planning Action
Items. Director Ferryman seconded. Motion carried 3 -0.
• SEWER SYSTEM COMMITTEE
GOALS
The Sewer System Committee met on February 21, 2007, and developed a list of
goals for the Committee. The Sewer System Committee goals were unanimously
expanded to include a risk assessment and sewer system needs analysis to
address all aspects of the District Sewer System including sewer system failures
and Sanitary Sewer Overflows in general which potentially could open the District
to legal proceedings. The components of Strategic Plan Section V Goals were
added to the Committee's goals.
Directors Ferryman and Ooten, Mr. Hamers, and Mr. Fauth will attend a meeting
at OCSD to discuss the West Side Pumping Station abandonment.
OCSD SEMINAR ON SEWER LATERAL OWNERSHIP - MARCH 15, 2007
Mr. Hamers reported there will be a seminar on Sewer Lateral Ownership hosted
by Patrick McNelly, Orange County Sanitation District, on March 15, 2007 at 9:30
a.m. in the OCSD Board conference room. Directors Ferryman, Ooten, and
Schafer will be in attendance.
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NEXT SCHEDULED MEETING - WEDNESDAY, MARCH 21, 2007 AT 10:30 A.M.
The next Sewer System Committee meeting will be held March 21, 2007, at
10:30 a.m.
DISTRICT YARD UPDATE
Mr. Fauth reported receiving a memorandum from Mr. Don Gregg dated March 8,
2007. Mr. Fauth had contacted Mr. Gregg and requested he provide a list of
properties that meet the District criteria, including those at a higher sales price.
Mr. Gregg reported there were no new listings and provided information on the
last three significant sales in Costa Mesa since the first of the year.
Discussion was held regarding the property at 1780 Whittier, which is currently in
probate with a court date of April 21, 2007.
MEETING WITH FAIRGROUNDS GENERAL MANAGER - MONDAY FEBRUARY 26, 2007
Mr. Fauth reported a meeting was held with Directors Ferryman, Monahan,
. Mr. Fauth, Mr. Dulake, Ms. Becky Bailey - Findley and Mr. Doug Lofstrum
regarding the District's use of a portion of the Fairgrounds to store equipment.
Mr. Fauth reported the Fairgrounds representatives were very receptive and
offered to extend the agreement an additional year. They are unable to make a
long -term commitment due to the many events held at the Fairgrounds.
President Perry arrived at 6:30 p.m.
FINANCING PLAN FOR PURCHASE OF YARD
Mr. Davis reported the District could use funds in the Sewer Construction Fund
as well as the Facilities Revolving Fund. These two funds total approximately
$3,000,000.
PUBLIC OUTREACH - MAGNETS
A mockup of a 4" x 3.5" CMSD magnet was reviewed for distribution to CMSD
residents. The cost per magnet is $0.51 with a set -up charge of $45.00.
The magnet contains a list of holidays, Large Item Collection information, other
information, and the District's address, phone number, fax number, and the website
address.
Distribution will consist of having the magnet affixed to the Large Item door hanger
and distributed by the hauler at no cost.
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Director Monahan motioned to approve the purchase of the magnets, not to exceed
$15,000. Director Ooten seconded. Motion carried as follows:
Ayes: Perry, Ooten, Ferryman, Monahan
Noes: None
STATUS OF CMSD WEBSITE
Mr. Fauth reviewed two handouts sheets with the Board. The first, entitled "CMSD
Vendor Sites Evaluation" provided an evaluation of referral sites by five different
vendors. The referral sites were reviewed and a rating on complexity, appeal, and
ease of use was compiled. Three of the vendors had website examples that
received a higher rating than the others.
The second handout provided a comparison of price and projected time to
completion. Mr. Fauth recommended VPl.net as the most appealing and quality
website design, while having the most reasonable price. Mr. Fauth pointed out
VPI.net does not charge a hosting fee to government agencies. Total cost for
VPl.net would be $25,500. VIP.net offers a bullet mailer service for a fee of $239.40
annually.
Discussion was held regarding the mailer service and it was determined it could be
added at some point in the future, if desired.
Ms. Keuilian arrived at 6:43 p.m.
Director Ferryman motioned to approve the proposal with VIP.net for website design
and hosting, and a budget adjustment not to exceed $25,000. Director Monahan
seconded. Motion carried as follows:
Ayes: Perry, Ooten, Ferryman, Monahan
Noes: None
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NEW DISTRICT HEADQUARTERS
BUILDING AND GROUNDS AD HOC COMMITTEE
Update on Landscaping
Ms. Gilbert reported five landscapers were contacted. Two replied that
the job was too large for their company, one did not respond, and two
responded with bids. Ms. Gilbert provided a comparison of the two bids
and determined the Trimco bid of $26,171 was the most economic bid with
some services included at no cost.
Director Monahan motioned to approve the bid from Trimco in the amount
of $26,171 and usage of the CMSD standard contract agreement.
Director Ooten seconded. Motion carried as follows:
Ayes: Perry, Ooten, Ferryman, Monahan
Noes: None
• RECYCLING REPORTS
WASTE DIVERSION REPORT - FEBRUARY 2007
Ms. Revak reported the waste diversion report was not yet received and it will be
presented at the April regular meeting.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPnSAI
PAYMENT FOR FEBRUARY 2007 SERVICES
Ms. Revak presented the Invoices for February 2007 recycling services and
disposal.
Director Ooten motioned to ratify contract payment to CR Transfer for recycling
services and disposal for the month of February 2007 in the amount of
$150,560.18, subject to verification of the diversion report. Director Ferryman
seconded. Motion carried 4 -0.
Director Ooten motioned to ratify contract payment to CR Transfer for recycling
services and disposal for Santa Ana Heights for the month of December 2006 in
the amount of $3,488.30. Director Ferryman seconded. Motion carried 4 -0.
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ORDINANCE ENFORCEMENT OFFICERS REPORT
Mr. Shef provided a report for the period of February 2007. Mr. Shef noted there
are still trash bags, newspapers, and cardboard boxes being placed next to or on top
of the containers for collection.
UPDATE ON MONITOR VIDEO
Mr. Fauth reported Monitor Video has received the revisions to the script and they
are in the process of refining and formatting it.
RECYCLING COMMITTEE —WEDNESDAY, MARCH 5, 2007 — 12:00 P.M.,
CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTORS
OOTEN AND MONAHAN)
RECYCLING COMMITTEE GOALS FOR 2007/2008
Director Ooten reported the Recycling Committee met and reported Directors
Ooten, Monahan, and Schafer attended the meeting. The Committee discussed
water conservation.
The Committee discussed partnering with Orange Coast College Recycling to
process the Christmas trees.
GUEST PRESENTATION - MIKE CAREY, ORANGE COAST COLLEGE RECYCLING CENTER
Mr. Mike Carey, Orange Coast College Recycling Center, reported having a very
successful year at OCCRC, making a one million dollar profit from recycling.
OCC is currently considering a resolution to accept e- waste.
E -WASTE EVENT - FEBRUARY 24, 2007 AT CITY CORPORATION YARD
The E -Waste event was held on February 24, 2007, at the City Corporation Yard
taking in an estimated 37,740 pounds of electronic waste (E- Waste) and 15,779
pounds of CRTs during the Costa Mesa Sanitary District E -Waste Recycling
Event.
The event generated revenue of an estimated $3,155.80 to be split between the
CMSD and the City of Costa Mesa. As a no -cost event, the target audience
included the Cities of Costa Mesa, Newport Beach, Santa Ana, Fountain Valley,
and Huntington Beach.
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DISPOSAL OF ELECTRONIC AND UNIVERSAL WASTES THROUGH CR &R
Director Ooten reported the Committee discussed options for the disposal of
electronic waste. CR &R proposed to charge residents $0.35 a month to include
disposal of Electronic and Universal Wastes. The Committee determined this
was not a desired option at the current time considering that OCC may soon be
accepting a -waste at no charge. The Recycling Committee will continue to
monitor the options.
SOURCE REDUCTION BROCHURE
Director Ooten presented the Source Reduction Brochure for the Board's review.
WATER CONSERVATION
Director Ooten and Mr. Fauth were directed to develop proposed water
conservation goals.
0 CONSIDER PARTICIPATION OF CR &R IN RECYCLING COMMITTEE
Director Ooten reported the Committee discussed including CR &R in the
Recycling Committee and decided to hold the item in abeyance and continue
discussion with CR &R in the future. Three staff members from CR &R are
already on the guest speaker list.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS - (WDR)
GENERAL UPDATE
Mr. Hamers reported the Waste Discharge Requirement program is coming
along well. A sewer lateral seminar is planned for March 15, 2007, and
additional educational programs are being planned. Mr. Hamers sits on the
Steering Committee with OCSD and various City representatives. OCSD has
been asked to assist in setting up committees in other parts of the state.
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TREASURER'S REPORTS
INVESTMENT OVERSIGHT COMMITTEE — MARCH 8, 2007 — 5:15 P.M.
Mr. Davis reported the Investment Oversight Committee Meeting was adjourned until
April 19, 2007.
UPDATE ON VARIABLE CONTAINER CHARGE PROGRAM
Mr. Davis reported Staff held discussions with CR &R regarding the charge for
additional containers. CR &R has indicated that their cash receipts since the
inception of the program are as follows:
Month
Amount of Receipts
September 2006
$368
October 2006
$15,949
November 2006
$17,951
Total Receipts
$34,268
Cash receipts for the months of December 2006, January and February 2007 were
not yet available. The District will receive 10% of the receipts for the additional
container for fiscal year 2006 -2007. Mr. Davis will follow up with CR &R to request
more timely information. Mr. Davis projected the total receipts on an annualized
basis to be approximately $204,000, of which the District will receive approximately
$20,000 in the first year.
Mr. Hamers suggested the performance review be completed by April 2007 in time
for the May budget meeting.
RESIDUAL EQUITY TRANSFER FROM SEWER CONSTRUCTION FUND
Mr. Davis recommended the Board approve an equity transfer from the Sewer
Construction Fund to the Facilities Revolving Fund in the amount of $224,662 and
the account be closed.
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Mr. Davis provided a brief synopsis of the Ordinance 21, adopted in 1989, requiring
developers to construct sewer facilities at no cost to the District. Developers paid a
fee to the district which was deposited into a Sewer Construction Fund. Any
unexpended funds were to be returned to the developer after five years. Staff
performed an analysis of the Sewer Construction Fund and determined all sewers
for which funds had been collected have been constructed. The amounts remaining
in the Sewer Construction Fund represent the accumulation of investment earnings
since the fund was established in 1989.
Staff recommended all remaining funds with the Sewer Construction Fund be
transferred to the Facilities Revolving Fund.
Director Ooten motioned to transfer $224,662 from the Sewer Construction Fund to
the Facilities Revolving Fund with the Sewer Construction Fund being closed.
Director Ferryman seconded.
Motion carried as follows:
Ayes: Perry, Monahan, Ferryman, Ooten
No: None
ATTORNEY'S REPORT
AUTHORIZE PENAL CODE 853.6 TRAINING FOR ASSISTANT MANAGER OF
DISTRICT TO PROVIDE CITATION BACK UP
Mr. Burns reported the Board has suggested having a back -up code enforcement
officer to enforce District laws. Mr. Fauth has previously provided similar civil
citation services but is not certified under the Penal Code to issue criminal citations.
Staff recommended he be sent to Penal Code 853.6 training to provide back -up
support to the ordinance enforcement officer.
Director Monahan motioned to authorize Penal Code 853.6 training for Mr. Fauth.
Director Ooten seconded.
Ayes: Perry, Monahan, Ferryman, Ooten
No: None
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PUBLIC RECORDS ACT REQUEST FOR SEWER LINE AND PUMP STATION
MAINTENANCE AND SERVICE RECORDS (POSSIBLE NEED FOR CLOSED
SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A))
Mr. Burns reported he brought the item back to the Board for any additional
discussion the Board may desire.
Director Monahan provided three possible dates for the next meeting with Board
Members, Staff, and the City of Costa Mesa Council.
The Board requested the issue be placed on the agenda on an as- needed basis.
ASTIN, LOCKE V CMSD (SUP COURT CASE NO. 06CCO5755) STATUS
REPORT (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT
CODE 54956.9(A)
Mr. Burns reported there is a June trial date on the issue. The attorney representing
the District was instructed to request the District be dismissed from the lawsuit
based on the information provided. Mr. Burns reported the next step would be a
. motion for summary judgment.
FEES AND FUNDS — STATE REQUIREMENTS FOR FEE CATEGORIES
Mr. Hamers presented an overview of the current fixture fees and state requirements
for fee categories. Staff has reviewed the requirements and recommended the
charges be clarified as capacity charges in compliance with the law.
Staff recommended the affected Ordinance and Policies be brought back for
consideration to turn the fixture fees into capacity charges. The Sewer System
Management Plan and the financing component of the Capital Improvement
Program will be considered at an upcoming meeting.
RESOLUTION NO. 2007 -733 ORDERING THAT PUBLICATION OF ORDINANCE
NO 57, REGARDING TRASH CONTAINERS, HAS OCCURRED
Mr. Burns presented Resolution No. 2007 -733, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF THE ORDINANCE NO. 57 REGARDING TRASH CONTAINERS
HAS OCCURRED.
Director Monahan motioned to adopt Resolution No. 2007 -733. Director Ferryman
seconded.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
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Motion carried as follows:
Ayes: Perry, Monahan, Ferryman, Ooten
No: None
PUBLIC COMMENTS (REVISITED)
Former CMSD Director, Dan Worthington, stated he is a member of the Integrated
Waste Management Board and offered to provide a report to the Costa Mesa Sanitary
District every other month. President Perry suggested placing the item on the regular
agenda monthly to allow for a report from Mr. Worthington.
Mr. Worthington gave a brief background of the Integrated Waste Management Board
and its purpose, which is to advise the Board of Supervisors. Mr. Worthington reported
the following items of interest to the CMSD:
❑ Orange County is a leader in the United States in some of the projects
undertaken.
❑ Orange County has three different locations for waste disposal that offer the
• highest technology in the United States.
❑ Frank R. Bowerman Landfill capturing gases from trash to utilize as fuel in
County vehicles and electricity created for use in the grid and operation at the
trash landfill
❑ New plant being devised in the Corona area to alter garbage from trash into fuel
to mix into gasoline.
❑ New laws introduced by legislature regarding pharmaceutical disposal
❑ Senate Bill regarding reduction in waste tonnage with 2006 as base year
❑ Proposed Bill to require 75 percent recycling
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD)
MEETING HELD FEBRUARY 28, 2007 (DIRECTOR FERRYMAN)
Director Ferryman attended the February 28, 2006 OCSD meeting and reported
the following:
❑ Annual report distributed for review
❑ Groundwater replenishment system delayed with change orders
❑ SAWPA received a cease and desist order in regards to the SARI line
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SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
President Perry stated the meeting for the Santa Ana River Flood Protection Agency
will be held on March 22, 2007.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (VICE
PRESIDENT SCHAFER)
QUARTERLY MEETING - THURSDAY, MARCH 29, 2007
Ms. Revak advised the Board the ISDOC Quarterly Meeting would be held on
Thursday, March 29, 2007. Directors Perry, Ooten, and Ferryman stated they
plan on attending the Quarterly Meeting..
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Ms. Revak reported Director Schafer attended the LAFCO meeting on February 14,
2007. Supervisor Bill Campbell and John Moorloch were in attendance. The Costa
Mesa Sanitary District will not be on the LAFCO agenda until April 2007.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER)
Ms. Revak reported Director Schafer was on a conference call meeting with the
Finance Corporation on February 8, 2007. She also chaired the Membership &
Recruitment meeting on February 15, 2007, as well as attended a Legislation
meeting on February 16, 2007.
DIRECTOR WORKSHOP - MARCH 1-2,2007, ONTARIO (DIRECTOR OOTEN)
Director Ooten attended the Director workshop and reported it was good training
for Board Members with an introduction to what a Board Member is responsible
for.
Director Ooten reported Catherine Smith has accepted the top staff position at
CASA. Director Ooten advised there will soon be a Legislative Meeting.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
Director Ferryman reported he will be attending a meeting in Washington D.C.
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OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
CHAMBER OF COMMERCE
Ms. Revak reported Director Schafer attended the Chamber of Commerce
meeting and advised attendees the CMSD is looking for property that would suit
the District's needs for a yard.
OLD BUSINESS
There was no Old Business presented.
NEW BUSINESS
COUNTY OF ORANGE BILLING FOR REGISTRAR OF VOTERS SERVICES
RELATED TO NOVEMBER 7, 2006 GENERAL ELECTION
Ms. Revak presented the billing from the County of Orange for the General Election
held on November 7, 2006. Ms. Revak also provided a comparison chart for
elections going back to Election Year 2002.
Director Ferryman motioned to approve the billing from the County of Orange in the
amount of $44,652.04. Director Monahan seconded.
Motion carried as follows:
Ayes: Perry, Monahan, Ferryman, Ooten
Noes: None
CHAMBER OF COMMERCE ANNUAL MEMBERSHIP INVESTMENT 4/1/07 TO
4/1/08
Ms. Revak presented the Annual Membership for the Chamber of Commerce.
Director Ferryman motioned to ratify the membership fee of $440.00. Director Ooten
seconded.
Motion carried as follows:
Ayes: Perry, Monahan, Ferryman, Ooten
Noes: None
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ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
The District was contacted by the Register requesting information regarding Director
compensation and reimbursement.
ADJOURNMENT
President Perry adjourned the meeting at 8:09 p.m.
SECRETARY
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