Minutes - Board - 2007-09-13to anv re-5
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 135 2007
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
September 13, 2007, at 6:00 p.m. at 628
W. 19th Street, Costa Mesa.
President Perry called the meeting to
order at 6:00 p.m.
PLEDGE OF ALLEGIANCE Director Ferryman led the Pledge of
Allegiance.
INVOCATION Mr. Fauth gave the invocation.
• ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, Bob Ooten,
Gary Monahan, James Ferryman
DIRECTORS ABSENT: 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; Marc Davis,
Treasurer; Sherry Kallab, Accountant;
Karl Dulake, Maintenance Supervisor;
Denise Gilbert, Public Outreach
Coordinator
OTHERS PRESENT: Ms. Gina Fauth
............................... CONSENT CALENDAR . ...............................
t Director Ooten motioned to approve the Consent Calendar as presented. Director
Schafer seconded. Motion carried 5 -0.
Wit Pq�p COSTA MESA SANITARY DISTRICT
'� �'' off• MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
-n 84z SEPTEMBER 13, 2007
PAGE 2
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REPORTS
MINUTE APPROVAL
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting - of August 6, 2007, were approved as distributed.
August 6, 2007
Minutes of Special The Minutes of the Special Meeting of August 6,
Meeting — 2007, were approved as distributed.
August 6, 2007
Minutes of the Sewer The Minutes of the Sewer System Committee
System Committee Meeting of August 8, 2007, were approved as
Meeting — distributed.
August 8, 2007
Minutes Regular
— The Minutes of the Regular Meeting of August 9,
Meeting
August 9, 2007 2007, were approved as distributed.
• MANAGER'S REPORTS
REFUNDS There were no refunds for the month of August
2007.
Occupancy Report and The Trash Occupancy Count documented an
Payment of $195,980.49 increase of 20 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of September 1, 2007.
September 2007 Therefore, the total for September is 21,406.
Monthly Spill Report to
State Water Resources
Control Board
Human Resources
Meeting —
August 22, 2007
Board directed Staff to prepare a warrant for
$195,980.49 for September 2007 collection based
on occupancy report. Said payment in the amount
of $195,980.49 to Costa Mesa Disposal to be
ratified on the October 2007 warrant register.
The Monthly Spill Report to the State Water
Resources Control Board (SWRCB) for August
2007 was accepted as submitted.
The Minutes of the Human Resources Meeting of
August 22,.2007, were approved as distributed.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 3
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated September 2007
was accepted as submitted.
Minutes of Safety /Loss
Control Committee
Meeting —
August 22, 2007
TREASURER'S REPORTS
Financial Report as of
August 31, 2007
The Minutes of Safety /Loss Control Committee
Meeting of August 22, 2007, were approved as
distributed.
The Financial Report as of August 31, 2007 was
accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of August 31, 2007 was
August 31, 2007 accepted as submitted.
Warrant 2008 -03 for Warrant Resolution #CMSD 2008 -03 was
August 2007 in the approved, authorizing the President and Secretary
Mamount of $823,933.76 to sign the warrant ratifying the payment of certain
claims and demands, and specifying the funds out
of which the same were paid in the amount of
$823,933.76.
Directors Expenses for the Director Compensation and Expense
Month of August 2007 Reimbursements for the Month of August 2007
were approved and ratified as follows:
Director Ferryman: $391.00
President Perry: $221.00
Vice President Schafer: $1275.00 + $13.23
Director Ooten: $1284.70
Director Monahan: $612.00
.......................... END OF CONSENT CALENDAR .........................
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WRITTEN COMMUNICATION
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 4
Ms. Revak reported there were several items of written communication:
❑ A letter from Ms. Katrina Foley, Council Member, City of Costa Mesa, dated
August 14, 2007. Ms. Foley's letter thanked the District for the donation of
recycling boxes to the Costa Mesa Community Foundation.
❑ A copy of an article from the Daily Pilot, published Wednesday, August 29, 2007,
announcing the Costa Mesa Sanitary District's program to provide financial help
to examine and clean out sewer laterals. The program allows up to $1,800 per
parcel to assist homeowners to inspect, clean, and reconstruct sewer laterals.
❑ A letter from OCTA, dated August 29, 2007, from Ms. Carolyn Cavecche,
Chairman of OCTA, thanking Director Ferryman for his input and assistance with
the development of the M2 Early Action Plan.
❑ A letter from Chris Norby, Chairman of the Board, Orange County Board of
Supervisors, dated September 4, 2007, inviting the Board's participation in the
. development of the 2008 Legislative Platform. A list of legislative priorities was
attached for review.
❑ A copy of a letter from Mr. Allan Mansoor, Mayor, to the Honorable Nancy
Wieben Stock, Presiding Judge of the Superior Court, dated August 31, 2007,
regarding the Grand Jury Report: Assembly Bill 939 Waste Diversion: Are We
Finally Making Progress? The letter states the City of Costa Mesa has reviewed
the Orange County Grand Jury's Report and is submitting a response to Finding
F -6 and Recommendation R -6, as required.
PUBLIC COMMENTS
No public in attendance, no comments were made.
MANAGER'S REPORTS
DATE AND TIME OF REGULAR BOARD OF DIRECTORS MEETINGS
Mr. Hamers reported there was a potential bill requiring any item to be acted upon
by the Board be in the hands of the Board Members no less than 72 hours before
the meeting. Mr. Hamers stated that when Staff prepares the packets for
distribution, there are a few items that have not been received from various sources
• and those items are distributed the night of the meeting. Mr. Hamers stated if the
Board determines they wanted to adopt a 72 -hour policy, he recommended moving
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 5
the meeting date to the third Thursday of each month to allow enough time to
prepare the Director's packets for distribution.
The Board requested the topic of holding the meeting on the third Thursday of every
month be discussed at the October meeting.
Ms. Gina Fauth arrived at 6.06 p.m.
DISTRICT YARD
POSSIBLE CLOSED SESSION TO DISCUSS REAL PROPERTY NEGOTIATIONS (PRICE,
TERMS ) PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE
FOLLOWING PROPERTIES:
174 WILSON STREET WITH DAVID JACKSON HESTER, SR.
Mr. Hamers thanked the Board Members for their efforts in the negotiations with
the City of Costa Mesa regarding locating property suitable for a District Yard.
Mr. Hamers reported the District is in escrow on the property at 174 Wilson
Street, contingent upon receipt of a Conditional Use Permit from the City of
Costa Mesa.
Mr. Hamers reported the architect, Bob Thornton, is working to prepare the site
plan, floor plan, elevation, and green building reports for the Conditional Use
Permit application. Mr. Hamers has prepared a proposal for the civil engineering
component of the CUP application.
Mr. Fauth reported the District entered escrow on August 31, 2007 with a close of
escrow date of no earlier than October 31, 2007 and no later than December 15,
2007. Mr. Fauth reported the professional service agreement with Mr. Bob
Thornton has been prepared, reviewed by Mr. Burns, and is ready for Board
signature. Mr. Thornton will prepare the CUP for a fee of $125.00 an hour, for 80
hours, not to exceed $10,000.
Mr. Fauth outlined the order of CUP application events for the Board.
Mr. Fauth provided a brief overview of the LEED, Leadership in Energy and
Environmental Design, green building rating system. Staff recommended the
District pursue a Gold LEED accreditation level, which will increase the building
costs approximately 8 percent or $7,200. Mr. Fauth reported the extra building
costs would be recouped over the life of the building in energy savings and
provides a positive impact on the public health and environment.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
,SEPTEMBER 13, 2007
PAGE 6
Mr. Burns has reviewed the escrow agreement and it is ready for Board
signatures.
Mr. Fauth reported the escrow agreement contains a provision for an extension
in addition to the 90 days of 14 days to obtain the CUP by releasing a payment of
$2,500, non refundable, from the deposit. This amount would be applicable to
the purchase price.
Director Schafer suggested having Staff prepare a letter to the Mayor from
President Perry for additional distribution to City of Costa Mesa Planning
Commissioners and City Council Members stating the Costa Mesa Sanitary
District has entered into escrow on the property and describing the District's
intent to build a gold level LEED building for the purposes of a District Yard and
that the District looks forward to working with the City through the design
process.
Director Monahan requested the site plan provide ample parking and
landscaping. Director Monahan requested a copy of the site plan and a- list of
items that will be utilized to achieve the LEED gold standard accreditation be
provided to Board Members to facilitate their discussions with the City Council
and Planning Commission members.
Staff will have the CUP application prepared by the first week in October. The
Board will review the Conditional Use Application with the site plan before
submittal to the City of Costa Mesa or no later than at the October regular Board
meeting.
Director Schafer motioned to accept the Staff report and authorize the actions
presented, including authorizing the President and Secretary to sign all
documents and letters subject to the comments made in the Staff Report.
Director Ooten seconded. Motion carried 5 -0.
1780 WHITTIER AVENUE WITH THE WARD FAMILY
Mr. Fauth reported this property is no longer being considered.
1653 SUPERIOR AVENUE WITH ROBERT D. ALEXSON
Mr. Fauth reported this property is no longer being considered.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 7
CMSD STRATEGIC PLAN
YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS
Mr. Hamers stated a copy of the updated Strategic Planning Action Items was
included in the Board packet and invited questions from the Board.
Director Schafer requested an addition under Item II. Improve Relationship with
the City of Costa Mesa. Director Schafer requested the addition of an action item
for Item II, Action 5. Educate the public that the Costa Mesa Sanitary District is an
independent entity from the City of Costa Mesa.
SEWER SYSTEM COMMITTEE
REPORT ON COMMITTEE MEETING HELD SEPTEMBER 12, 2007
Director Ooten chaired the
2007. Director Ooten re
Sensor Upgrade Program.
Sewer System Committee meeting on September 12,
sorted staff is currently undertaking a Station Level
Director Ooten reported information about the Sewer Lateral Assistance Program
was published in the Daily Pilot and appears on the website.
Director Ooten provided an overview of the role of OCHCA inspectors.
POTENTIAL TRANSFER OF OCSD SEWERS TO CMSD
Director Ooten reported Staff developed a list of four criteria to determine which
sewers would be eligible for transfer from OCSD to CMSD. Approximately 80
percent of the sewers that could be transferred met the criteria.
Board directed Staff to write a letter to OCSD stating the District would like to
continue studying the sewer lines and determine eligibility for transfer. A
potential formal transfer and identification of sewer lines would be provided in the
future. Staff will bring back a report of financial analysis of revenue.
Director Monahan motioned to approve the potential transfer of OCSD sewers to
CMSD, in concept, subject to additional information and formalization of the plan.
Director Ooten seconded. Motion carried 5 -0.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
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CMSD PROJECT #101 - WESTSIDE PUMP STATION ABANDONMENT
Director Ooten reported the Board needs to approve a letter of request to OCSD.
Director Monahan motioned to send a letter of request to the Orange County
Sanitation District to commit to constructing a regional gravity sewer facility
costing approximately $9 million in order to allow the CMSD the opportunity to
construct approximately $3 million in local gravity sewers to allow abandonment
of various sewer pumping stations. Director Ferryman seconded. Motion carried
5 -0.
CR &R ANNUAL REVIEW
Mr. Hamers thanked Mr. Burns for insisting there be a performance review in the
District's contract with CR &R and stated the review has been a very effective
provision. Mr. Hamers also thanked Mr. Fauth for the time he spent developing and
monitoring the performance review components.
Mr..Fauth provided an overview of the review format and stated the final document
has been signed and will go into the file as completed.
STATUS OF CMSD WEBSITE — WWW.CMSDCA.GOV
Mr. Hamers stated the new site is up and running and invited comments from the
Board. Ms. Revak reported the new District receptionist will be providing the
updates to the website.
RECYCLING REPORTS
WASTE DIVERSION REPORT - AUGUST 2007
Ms. Revak presented the Waste Diversion Report for August 2007 showing a
50.43% diversion rate.
Director Monahan motioned the Waste Diversion Report be received and filed.
Director Ooten seconded. Motion carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPnSAI
PAYMENT FOR AUGUST 2007 SERVICES
Ms. Revak presented the Invoices for August 2007 recycling services and
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disposal.
COSTA MESA SANITARY DISTRICT
o MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 9
Director Ferryman motioned to ratify contract, payment to CR Transfer for
recycling services and disposal for the month of,August 2007 in the amount of
$194,572.25. Director Ooten seconded. Motion carried 5 -0.
Director Ferryman motioned to ratify contract payment to CR Transfer for
recycling services and disposal for Santa Ana Heights for the month of August
2007 in the amount of $9,799.60. Director Ooten seconded. Motion carried 5 -0.
ORDINANCE ENFORCEMENT OFFICERS REPORT
Mr. Fauth reported Mr. Shef is on vacation and provided his written report for the
Board's review.
UPDATE ON MONITOR VIDEO
Mr. Fauth reported Monitor Video provide a list of film sites and items the District is
to provide to them. Monitor Vided completed the writing of the script. Mr. Fauth
reported the exterior of the office building is now complete and filming of it can be
scheduled.
Mr. Fauth reported the timeframe for completion will be the end of the year.
RECYCLING COMMITTEE — MONDAY, SEPTEMBER 10, 2007 — 12:00 P.M.,
CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTORS
OOTEN AND PERRY)
RECYCLING COMMITTEE GOALS FOR 2007/2008
Director Ooten reported the Recycling Committee met on September 10, 2007,
and reviewed the recycling goals.
LARGE ITEM COLLECTION — JUNE 11, 2007 - AUGUST 24, 2007
Director Ooten reported the Large Item Collection concluded on August 24, 2007.
A total of 451.48 tons were landfilled at a total cost of $9,932.56. Recyclable
White Goods collected during this period totaled 107.07 tons for a credit of
$10,171.65, amounting to a net profit of $239.09.
USED TIRE ROUND -UP SATURDAY, OCTOBER 20, 2007, 10:00 A.M. TO 2:00 P.M.
DIRECTOR OOTEN AND PRESIDENT PERRY)
The Used Tire Roundup will be held on Saturday, October 20, 2007, from
10:00 a.m. to 2:00 p.m. at the City Corporation Yard.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 10
Director Ooten reported the Committee discussed forms of advertisement and
decided to place an ad in the Pennysaver.
IWMD RECYCLING & WASTE DIVERSION GRANT PROGRAM
GUEST DONNA THERAULT AND MIKE BALLIET
Director Ooten reported Ms. Therault and Mr. Balliet discussed applying for
grants in the future.
Mr. Fauth provided a proposed letter he wrote to Ms. Isabel Rios, County of
Orange, Integrated Waste Management Department requesting a 50/50 split of
the $40,000 allocated to the City of Costa Mesa and the Costa Mesa Sanitary
District.
Director Monahan motioned to approve sending the letter requesting a 50/50 split
of the allocation from IWMD. Director Ooten seconded. Motion carried 5 -0.
ORANGE COAST COLLEGE RECYCLING CENTER COLLECTION OF E WASTE
Director Ooten reported Orange Coast College Recycling Center is now
collecting E Waste. Director Ooten reported he was recently at the facility
dropping off something and stated they were very busy with the line backed up
into the street.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers presented a 4 -page handout from the State Water Resources Control
Board.. The handout contained a chart showing the time schedule in which
agencies are to have specific tasks completed. Mr. Hamers reported the CMSD is
already in compliance with all tasks.
PROJECT #129 — THREE PARTY AGREEMENT BETWEEN CMSD, OCDA, AND
CITY OF NEWPORT BEACH
Mr. Hamers requested the Board approve the following items:
1. Ministerial changes by the City of Newport Beach
2. Updated cost estimate
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 11
3. Removal of a paragraph containing a condition that Orange County Flood
Control District grant an easement over land outside the county road
department right -of -way. The CMSD no longer plans on utilizing this area.
Director Ferryman motioned to approve the requested items. Director Schafer
seconded. Motion carried 5 -0.
MEMORANDUM OF UNDERSTANDING WITH IRVINE RANCH WATER DISTRICT
Mr. Hamers reported he and Mr. Burns met with General Manager of Irvine Ranch
Water District on August 10, 2007 and they are waiting to hear. back from them
regarding the indemnification request.
2100 CANYON DRIVE — TRACT NO. 10670
Director Ferryman motioned to approve the standard sewer easement over private
streets at 2100 Canyon Drive, Tract No. 10670, subject to receiving the signed copy.
Director Ooten seconded. Motion carried 5 -0.
GRANT OF EASEMENT FOR THE ORANGE COUNTY FAIR AND EXPOSITION
SEWER EASEMENT
Director Schafer motioned to approve the Agreement and Grant of Easement for the
Orange County Fair and Exposition Sewer Easement. Director Ooten seconded.
Motion carried 5 -0.
PROPOSAL FOR PRELIMINARY CIVIL ENGINEERING FOR 174 WILSON STREET
Mr. Hamers presented a proposal from Robin B. Hamers & Associates to prepare
the preliminary civil engineering plans for the CUP.
Boundary Survey & .Topographic Map .$4,660
Preliminary Grading, Sewer, and Water Plan $4,550
At such time as the City issues the CUP, another proposal will be prepared that will
include construction plans. It is, therefore, proposed to complete the civil
engineering work at the following hourly rates, not to exceed the totals shown above:
Engineering $85.00 /hr
2 -man survey crew $220.00 /hr
Director Monahan motioned to approve the Proposal for Preliminary Civil
Engineering for 174 Wilson Street, not to exceed $9,210. Director Ooten seconded.
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Motion carried as follows:
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 12
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
No: None
TREASURER'S REPORTS
PURCHASE OF SPRINGBROOK UPGRADE AND MODULES
Mr. Davis requested the Board approve the agreement with Springbrook for the
purchase of an upgrade to a newer version of the District's financial software and to
add two new modules to the existing set of modules, subject to final approval as to
form by the District Attorney.
Director Ferryman motioned to approve the purchase of two modules from
Springbrook and an upgrade version of the software, not to exceed $28,581 subject
to approval of final contract language by Mr. Burns. Director Ooten seconded..
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
No: None
INVESTMENT OVERSIGHT COMMITTEE MEETING HELD SEPTEMBER 13, 2007
(PRESIDENT PERRY AND VICE PRESIDENT SCHAFER)
Mr. Davis reported the Investment Oversight Committee Meeting was held
September 13, 2007 with President Perry and Vice President Schafer in attendance
and provided a brief review of topics discussed.
BUDGET ADJUSTMENT FOR YARD ACQUISITION
Mr. Davis presented a budget adjustment in the amount of $935,000 for the
acquisition of land for a District Yard and related professional services.
Director Schafer motioned to approve the budget adjustment of $935,000. Director
Ferryman seconded. Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
No: None
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a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 13
ATTORNEY'S REPORT
CMSD ORDINANCE NO. 61 — MODIFYING ITS PROHIBITION ON EXISTING
SINGLE- FAMILY DWELLINGS BEING CONNECTED TO A SINGLE SEWER
LATERAL
Mr. Burns introduced Ordinance No. 61, AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT MODIFYING ITS
PROHIBITION ON EXISTING SINGLE - FAMILY DWELLINGS BEING CONNECTED
TO A SINGLE SEWER LATERAL.
Director Monahan motioned to adopt Ordinance No. 61. Director Ferryman
seconded. Motion carried 5 -0.
CMSD ORDINANCE NO. 62 — ADDING CHAPTER 7.04 TO THE CMSD
OPERATIONS CODE PERTAINING TO THE REQUIREMENTS FOR TELEVISING &
REPAIRING SEWER LATERALS
Mr. Burns introduced Ordinance No. 62, AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADDING CHAPTER
7.04 TO THE COSTA MESA SANITARY DISTRICT OPERATIONS CODE
PERTAINING TO THE REQUIREMENTS FOR TELEVISING AND REPAIRING
SEWER LATERALS.
Director Ferryman motioned to adopt Ordinance No. 62. Director Ooten seconded.
Motion carried 5 -0.
CMSD ORDINANCE NO. 63 — ADOPTING A SEWER LATERAL ASSISTANCE
PROGRAM
Mr. Burns introduced Ordinance No. 63, AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A SEWER
LATERAL ASSISTANCE PROGRAM.
Director Monahan motioned to adopt Ordinance No. 63. Director Ooten seconded.
Motion carried 5 -0.
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MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 14
CMSD RESOLUTION NO. 207 -742 — ESTABLISHING A SEWER LATERAL
ASSISTANCE PROGRAM
Mr. Burns introduced RESOLUTION No. 207 -742, A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
ESTABLISHING A SEWER LATERAL ASSISTANCE PROGRAM.
Director Schafer motioned to adopt Resolution No. 207 -742. Director Ferryman
seconded. Motion carried 5 -0.
Director Monahan suggested arranging a meeting with real estate representatives to
update them on the new ordinances. Mr. Hamers stated he would put an- item on
the sewer system report for October.
ASTIN V CMSD (SUP. COURT CASE N0. 06CCO5755) STATUS REPORT
(POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE
54956.9(A)
Mr. Burns reported the case was to have gone to trial, but it was postponed to allow
an opportunity for settlement. Mr. Burns stated the District has been dismissed from
the lawsuit as a defendant.
FLOW CONTROL — UNITED HAULERS V. ONEIDA- HERKIMER
Mr. Burns provided an overview of the United Haulers v. Oneida - Herkimer regarding
whether or not local government could regulate flow control. The Supreme Court
has upheld local government right to regulate flow control and determined it is not a
violation of the Commerce Clause of the Constitution.
SENATE BILL 699 "CAPACITY CHARGES"
Mr. Burns reported the issue dealt with water rights and did not affect the District.
Mr. Burns attended the 2007 League of California Cities Conference and provided a
letter of items of interest to the Board, specifically discussion on green building, for
their review.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 13, 2007
PAGE 15
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD),
MEETING HELD AUGUST 22, 2007 (DIRECTOR FERRYMAN)
Director Ferryman attended the August 22, 2007 OCSD meeting and reported
they discussed the following:
❑ Assemblyman Van Tran sponsored a design -build legislation bill SB 645,
which was approved
❑ School districts to be required to pay fees - going back 4 years
retroactively
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
President Perry reported there was no meeting held in August for SARFPA.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR
SCHAFER
Director Schafer attended an ISDOC meeting on August 7, 2007, and reported the
following:
❑ Vice President Bob Moore Chaired the meeting in the absence of Jan Debay
❑ Director Schafer provided update on CSDA and LAFCO
❑ David Cordero provided a legislative update
❑ Discussion on Monterey conference attendance
❑ ISDOC discussed support role for 2008 conference in Irvine at the Hyatt
QUARTERLY MEETING - THURSDAY, AUGUST 30, 2007 11:30 A.M. AT IRVINE RANCH
WATER DISTRICT
Director Ooten attended and reported on the items of discussion:
❑ Emerging Vietnamese power base
❑ ISDOC committee
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
k 4 SEPTEMBER 13, 2007
PAGE 16
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer reported LAFCO was dark in August 2007. Director Schafer
provided a brief review of items discussed at the September 12 LAFCO meeting:
❑ Costa Mesa /Newport Beach - 7 -year effort to annex the unincorporated
islands between the two cities. In July, the commission approved the
annexation of West Santa Ana Heights to Newport Beach. There are 4
islands remaining out of 15.
❑ Update on Strategic Plan CALAFCO - conference in Sacramento
Director Schafer reported CALAFCO presented Joyce Crosswaite with an award
for Outstanding Executive Officer of California: Director Ferryman suggested the
District send a letter of congratulations to Ms. Crosswaite.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER)
• Director Schafer attended the August 17 and August 24, 2007 CSDA meetings and
reported the following:
❑ Reviewed the bills pertaining to Special Districts
❑ Membership /Recruitment Committee
❑ Joint meeting with Education Committee
Director Schafer reported - El Toro Water District was awarded the District of
Distinction accreditation by the Special District Leadership Foundation (SDLF) on
May 4, 2007. Mesa Consolidated has earned the award and will be presented at the
upcoming CSDA in Monterey in October.
Mr. Hamers will prepare letters of congratulations to be sent to the two agencies.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
WACO
Director Schafer attended the August 3, 2007 meeting and reported the following:
• ❑ Update on CSDA/LAFCO
❑ Speakers Jason Pettier, Chief Deputy General Manager, Wetlands Water
District. Topic - Addressing California Water Needs, Storage,
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COSTA MESA SANITARY DISTRICT
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SEPTEMBER 13,2007
PAGE 17
Conveyance, a Delta Solution and More. A Central Valley Water
Agency's Perspective.
❑ Director Schafer provided the WACO supply report for the Board's
perusal.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
TRISTATE SEMINAR ON THE RIVER — SEPTEMBER 27 -29, IN PRIMM, NV
Director Schafer motioned to approve attendance at the Tristate Seminar on the
River — September 27 -29, in Primm, NV for Director Ooten. Director Ferryman
seconded. Motion carried 5 -0.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion was held regarding hosting a holiday gathering.
Mr. Hamers reported Staff recently held a get- together at Skosh Monahans and enjoyed
the facility.
ADJOURNMENT
President Perry adjourned the meeting at 8:03 p.m.