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Minutes - Board - 2007-11-08• • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on November 8, 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 Monahan 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. Harriers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; 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; Janel Jackson, Office Specialist OTHERS PRESENT: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 2 Mr. Hamers provided, a brief update on the medical condition of Ms. Revak, Board Secretary/Program Manager /Clerk of the District. . ............................... CONSENT CALENDAR . ............................... Director Ooten motioned to approve the Consent Calendar as presented. Director Schafer seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Monahan Noes: None REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting — • October 8, 2007 Minutes of the Sewer System Committee Meeting — October 10, 2007 Minutes of Regular Meeting — October 11, 2007 Minutes of the City /Districts Liaison Committee Meeting — October 26, 2007 MANAGER'S REPORTS REFUNDS • The Minutes of the Recycling Committee Meeting of October 8, 2007, were approved as distributed. The Minutes of the Sewer System Committee Meeting of October 10, 2007, were approved as distributed. The Minutes of the Regular Meeting of October 11, 2007, were approved as distributed. The Minutes of the City /Districts Liaison Committee of October 26, 2007, were approved as distributed. There were no refunds for the month of November 2007. • 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 3 Occupancy Report and The Trash Occupancy Count documented an Payment of $196,081.20 increase of 5 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of November 1, 2007. November 2007 Therefore, the total for November is 21,417. Monthly Spill Report to State Water Resources Control Board ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Board directed Staff to prepare a warrant for $196,081.20 for November 2007 collection based on occupancy report. Said payment in the amount of $196,081.20 to Costa Mesa Disposal to be ratified on the December 2007 warrant register. The Monthly Spill Report to the State Water Resources Board (SWRB) for October 2007 was accepted as submitted. The Project Status Report dated November 2007 was accepted as submitted. Financial Report as of The Financial Report as of October 31, 2007 was October 31, 2007 moved to the December 2007 meeting. Treasurer's Report as of The Treasurer's Report as . of October 31, 2007 October 31, 2007 was moved to the December 2007 meeting. Warrant 2008 -05 for Warrant Resolution #CMSD 2008 -05 was October 2007 in the approved, authorizing the President and Secretary amount of $832,320.86 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 $832,320.86. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 4 • Directors Expenses for the Director Compensation and Expense Month of October 2007 Reimbursements for the Month of October 2007 were approved and ratified as follows: Director Ferryman: $1309.95 President Perry: $663.00 Vice President Schafer: $1493.00 Director Ooten: $2474.57 Director Monahan: $663.00 .......................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATION Mr. Harriers reported receipt of a letter from SDRMA stating they received the two- thirds approval of the members and Joint Powers Agreement that the CMSD Board agreed to and they would be sending updated packets showing the District's coverage. • PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS DATE AND TIME OF REGULAR BOARD OF DIRECTORS MEETINGS, MOVE TO THIRD THURSDAY OF MONTH AT 6:00 P.M. REVIEW OF NEW AGENDA DOCUMENT DISTRIBUTION RULES (SB343) Mr. Harriers reported SB 343 passed the Senate and Assembly, and was signed by the Governor. The bill states any items distributed within 72 hours of a meeting be made available to the public. The public agency is to determine where those documents will be made available. Internet access. is acceptable. The law goes into effect July 1, 2008, and the District will have to provide any late materials to the public. The CMSD Board will discuss the possibility of moving the regular Board meetings to the third Thursday of each month at the December regular meeting. 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 5 0 DISTRICT YARD -174 W. WILSON STREET 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. UPDATE ON PURCHASE Mr. Fauth reported all documentation has been completed with the exception of the CUP. Mr. Fauth reported the seller requested to have some of the monies released from escrow to pay off his loan. Mr. Fauth reported the District agreed to the release of funds along with the request for a two -week extension on the close of escrow to allow for the approval of the CUP from the City of Costa Mesa. Mr. Fauth reported the Planning Commission meets on November 26, 2007, there is a seven -day appeal period, and the District could close -on December 15, 2007. UPDATE ON CUP APPLICATION ATTENDANCE AT NOVEMBER 26, 2007 PLANNING COMMISSION MEETING Mr. Hamers recommended Board members have one -on -one meetings with Planning Commissioners prior to the meeting to provide them with information about the purchase and use of the property. Mr. Hamers also suggested two Directors attend the Planning Commission meeting. Mr. Burns suggested noticing the Planning Commission Meeting since there will be multiple CMSD Board Members in attendance. Mr. Hamers will provide packets to Board Members for the purposes of discussion with Planning Commissioners. CMSD STRATEGIC PLAN YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS Mr. Hamers presented the Strategic Plan for Board comments. Mr. Fauth briefly discussed the District's equipment loss in the recent Santiago Fire. Mr. Dulake reported he has not yet assembled an estimate on the damages. Director Ooten motioned to accept the Strategic Plan Report as presented. Director Schafer seconded. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 6 SEWER SYSTEM COMMITTEE POTENTIAL TRANSFER OF OCSD SEWERS TO CMSD Mr. Hamers reported Staff is still researching to determine the yearly charges applicable to each sewer line and Mr. Bums is researching various legal items related to the transfer. Sewer Lateral Assistance Program Mr. Fauth reported he will provide a presentation on the Sewer Lateral Assistance Program at the Chamber of Commerce breakfast on February 21, 2008, and anticipates the District video will be ready to present at that time. PROJECT #101 WESTSIDE PUMPING STATION ABANDONMENT Mr. Hamers reported he recommends a follow -up meeting to discuss the Westside Pumping Station abandonment. Mr. Hamers will send a letter asking if a meeting would be beneficial at this time. • Director Ferryman arrived at 6:20 p.m. PROJECT #175 OCSD GRANT PROGRAM Mr. Hamers reported he sent a letter to Ms. Angie Anderson, Orange County Sanitation District, on October 9, 2007, outlining the District's progress of the CCTV work with the sewer lines. Mr. Hamers requested an Amendment 2 be prepared allowing the CMSD to ' complete the televising by July 1, 2009 and provide the Final Project Report to OCSD by October 1, 2009. Director Schafer motioned to approve the letter as presented. Director Ooten seconded. Motion carried 5 -0. RECYCLING REPORTS WASTE DIVERSION REPORT - SEPTEMBER & OCTOBER 2007 Mr. Fauth presented the Waste Diversion Reports for September 2007 showing a 50.41 % diversion rate Mr. Fauth reported the Waste Diversion Report for October 2007 has not yet been received. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 7 Director Ooten 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 OCTOBER 2007 SERVICES Mr. Fauth presented the Invoices for October 2007 recycling services and disposal. Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of October 2007 in the amount of $181,048.82, subject to verification of the Waste Diversion Report. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Monahan, Ferryman Noes: None Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of September 2007 in the amount of $10,111.36, subject to verification of the Waste Diversion Report. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Monahan, Ferryman Noes: None ORDINANCE ENFORCEMENT OFFICERS REPORT Mr. Shef presented the report for the month of October 2007. Mr. Shef distributed 15 courtesy notices during this period. Mr. Shef distributed flyers to auto supply stores to inform the public of the Used Tire Round -Up event. Mr. Shef reported the high winds knocked over many of the trash containers that were still sitting out after pick up. Mr. Shef commended the drivers for picking up the is blown over containers. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 8 Mr, reported he is still monitoring the address on Swarthmore as requested by President Perry. Mr. Fauth reported an issue on Westminster Avenue resulting from a disagreement between neighbors. Mr. Fauth reported he is gathering facts on the dispute. FALL NEWSLETTER Ms. Jackson reported distribution of 50,000 copies of the CMSD Fall Newsletter will begin'after the Thanksgiving weekend. UPDATE ON MONITOR VIDEO Mr. Fauth reported he has received the latest version for the four of the five modules, reflecting the most recent updates. Monitor Video is in the process of scheduling various action shots with Staff at CMSD headquarters. Mr. Fauth estimated the completion date to be around the first of the year. SUBCOMMITTEE TO LIAISON COMMITTEE ON CITY TREE ROOTS Mr. Hamers reported Staff discussed with the City their policy on City tree roots damaging sewer laterals. Mr. Hamers reported the City would like a subcommittee formed consisting of Staff, two Directors, and Attorney.. Discussion was held regarding possible meeting dates. The dates of December 14, 17, and 21st were chosen as acceptable to the CMSD members. Mr. Hamers will present those dates to the City of Costa Mesa as available. Director Ferryman and Director Monahan stated they were both available to participate on the subcommittee. Director Schafer will be a backup subcommittee member. Mr. Hamers will work with the City to develop an agenda. RECYCLING COMMITTEE — MONDAY, NOVEMBER 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 on November 5, 2007, and reviewed the recycling goals for 2007/2008. Director Ooten reported dates were determined for some of the goals and programs. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 9 SCHOOL TELEPHONE BOOK RECYCLING CONTEST NOVEMBER 14- DECEMBER 21, 2007 Director Ooten reported letters were sent to all 27 participating schools and all 27 schools have responded they wish to participate in the telephone book recycling contest. The program will begin on November 14, 2007, and run through December 21, 2007. As in the past, a bin will also be placed at Orange Coast College Recycling Center. USED TIRE ROUND -UP - SATURDAY, OCTOBER 20, 2007, 10:00 A.M. TO 2:00 P.M. AT CITY OF COSTA MESA CORPORATION YARD Director Ooten reported the Used Tire Round -up was held on Saturday, October 20, 2007 from 10:00 a.m. to 2:00 p.m. at the City Corporation Yard. Director Ooten reported 282 tires were collected during the event, 52 from the City of Costa Mesa. AMERICA RECYCLES DAY- NOVEMBER 15, 2007, EVENT AT KLINE SCHOOL Ms. Jackson reported Kline Elementary School is in the process of moving their facility. Ms. Jackson spoke to Susan Kline who stated they had to decline participation in America Recycles Day for this year due to the relocation. Ms. Jackson has contacted other private schools in the city and has not yet received a response. Ms. Jackson will contact Kline School after the holidays to set up a participation date for the waste free lunch day. President Perry suggested Ms. Jackson send the information on America Recycles Day to the high schools to have it placed in their daily bulletin. President Perry stated there is a recycling club at the school that would be interested in the information. Mr. Hamers will work with Ms. Jackson to provide the informational brochures for the school. IWMD RECYCLING & WASTE DIVERSION GRANT PROGRAM Director Ooten reported the Board of Supervisors has not yet approved the grant program for the City and CMSD. Director Ooten reported CMSD Staff has put together a list of potential programs to apply the grant monies. There is a mandatory meeting on November 20, 2007 for recipients of the grand funds. CMSD Staff will attend the meeting. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 10 ORANGE COAST COLLEGE RECYCLING CENTER COLLECTION OF E -WASTE Director Ooten reported the Orange Coast College Recycling Center is now collecting e- waste. Director Ooten reported they are receiving approximately 30 to 40 items per week. EMERGENCY SERVICES EXPO - SATURDAY, OCTOBER 13, 2007 Ms. Gilbert and Ms. Jackson represented the District at the Emergency Services Expo on October 13, 2007. Promotional items were distributed and Staff set up a table with information and activities for children to educate them on recycling. REPORTS ON OTHER CMSD RECYCLING PROGRAMS Director Ooten reported battery buckets were placed in both Costa Mesa High School and Estancia High School ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers presented the October WDR Monthly Agenda to show the Board Members the topics covered in the last meeting. Mr. Hamers reported he is very active with the WDR and appreciated the regional agency cooperation. Mr. Hamers reported he has been contacted by other agencies in the state for advice on setting up similar committees. MEMORANDUM OF UNDERSTANDING WITH IRVINE RANCH WATER DISTRICT Mr. Burns reported he received information just prior to the meeting regarding a few of the points being negotiated with Irvine Ranch Water District. Mr. Burns stated he hopes to bring an agreement for the Board's approval in December. TREASURER'S REPORTS UPDATE ON ANNUAL AUDIT Mr. Davis reported the Auditor was performing the field work portion of the audit at CMSD offices in October and will be in attendance at the December 2007 regular CMSD meeting to provide a verbal report to the Board. Mr. Burns reported there was a good article in a recent Western Cities Magazine on how an elected Board should interact with the auditors. He will provide a copy to Staff for distribution to the Board, if appropriate. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 11 UPDATE ON SPRINGBROOK UPGRADE AND NEW MODULES Mr. Davis reported Springbrook provided an upgrade to the accounting software, adding the Accounts Receivable and Fixed Asset Modules. Mr. Davis reported there is a two -week window to work with the upgrades and identify any issues with the programs. ATTORNEY'S REPORT ASTIN V. CMSD (SUP. COURT CASE NO. 06CCO5755) STATUS REPORT (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A)) CMSD DISMISSED FROM CASE Mr. Burns reported there were no late breaking developments to report. Mr. Burns stated the District was dismissed from the complaint and the only remaining role would be for Mr. Hamers to appear as a witness in the case, if requested. CONVERSION OF "FIXTURE FEES" TO "CAPACITY CHARGES" Mr. Burns reported he will be working with Mr. Hamers, Mr. Fauth, and Mr. Davis to revise existing ordinances and set up the required accounting changes to convert fixture fees to capacity charges. AGREEMENT WITH STERICYCLE ADDING CVS PHARMACY TO SHARPS PROGRAM Mr. Burns reported is working with Stericycle and will be providing an update at a future meeting and did not recommend signing the current contract. INTERIM AGREEMENT WITH NEXTRUK FOR VEHICLE MAINTENANCE Mr. Burns reported the Standard Professional Services Agreement was utilized for an interim agreement with Nextruk for $110.00 per hour. Mr. Burns reported the mechanic signed the agreement and recommended approval. Mr. Fauth reported the agreement is for a three -month period and Staff will be coming back to the Board in January 2008 with a one -year agreement for approval. Director Ooten suggested Mr. Fauth consider obtaining a quote from the City of Costa Mesa for vehicle maintenance. 0 0 0 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 12 Director Ooten motioned to approve the Professional Services Agreement with Nextruk, effective until December 31, 2007. Director Monahan seconded. Motion carries as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None AGREEMENT WITH R2H FOR STRUCTURAL ENGINEERING: PROJECT #168 IRVINE PUMPING STATION Mr. Burns presented the Standard Professional Services Agreement with R2H. Director Ferryman motioned to approve the Standard Professional Agreement with R2H, not to exceed $7,500. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None AB 715 (LAIRD) — LOWFLOW WATER CLOSETS Mr. Burns presented an overview of the law regarding lowflow water closets. A full information memorandum was mailed to Board members as attorney - client privileged information. PUBLIC CONSTRUCTION DAMAGES Mr. Burns presented an overview of a case, Sunnyvale v. Thompson, regarding subcontractors. The Public Contracts Code section 4110 allows damages /penalties if a public works contractor illegally substitutes a subcontractor. OATH OF OFFICE FOR VARIOUS STAFF MEMBERS Mr. Burns presented an overview of a case regarding oath of office for staff members. All Board members have a current Oath of Office on file. Mr. Burns stated Mr. Davis currently has an Oath of Office on file. Mr. Burns, Mr. Harriers, Mr. Fauth, and Ms. Revak will have their Oath of Office prepared and administered. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 13 LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) MEETING HELD OCTOBER 24, 2007 (DIRECTOR FERRYMAN) Director Ferryman attended the October 24, 2007 OCSD meeting and reported the following: ❑ The first reading of increased compensation for Board members, recommending $221.00 a meeting with a maximum of six meetings for Board members, ten meetings for the Chairman. ❑ Veto of funding for SARI line ❑ Steering Committee recommended rate increases for the next five years (12% the first year, 10% the following four years) ❑ Westside Pumping Station not in budget SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) MEETING HELD THURSDAY, SEPTEMBER 27, 2007 (PRESIDENT PERRY) President Perry had no additional items to report. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER Director Schafer attended the October 9, 2007 Executive Committee meeting and reported the following: ❑ Report on CSDA/LAFCO ❑ Committee formed for CSDA Annual Meeting in Orange County in 2008. Director Schafer will participate in Committee along with Sandra Jacobs, David Cordero, Joan Finnegan, and Jan Debay. ❑ Discussion on 2007 CSDA Conference in Monterey. ❑ Director Schafer accepted the District of Distinction award for Mesa Consolidated Water District ❑ Demonstration of differences between the generations �1 I COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 14 LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR $CHAFER) Director Schafer reported she did not attend the October 10, 2007 LAFCO meeting. The next LAFCO meeting will be held on November 14, 2007. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Director Schafer attended the, October 1 to October 5, 2007 CSDA Annual Conference and reported the following: ❑ Director Schafer appointed to continue with the Finance Corporation ❑ Director Schafer re- elected Vice President of Finance Corporation ❑ Director Schafer elected Vice President of CSDA ❑ Director Schafer appointed Conference Chair ❑ Jim Acosta elected President of CSDA ❑ Peggy Shirrel elected Treasurer ❑ Planning Session to be held November 15 and 16 in La Jolla. ❑ Bob Rauch to facilitate in 2008 • OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030 WACO Director Schafer attended the October 10, 2007 meeting and reported the following: ❑ Reported on CSDA ❑ Program on Water Facilities Going Green — Metropolitan Water District ❑ Speakers — Mike Rojas and Gina DePinto ❑ Program on how our Children can Leap into Action to Conserve Water CHAMBER OF COMMERCE MEETING Director Schafer was unable to attend the meeting — no report. OCCOG Director Schafer was unable to attend the meeting — no report. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2007 PAGE 15 WESTEC Director Ooten attended a conference in San Diego and provided an update and materials for the Board's review including papers on smoke testing for illegal sewer lateral connections and pipe bursting. INTEGRATED WASTE MANAGEMENT COMMITTEE Directors Ooten and Ferryman attended a meeting in Hemet for the Integrated Waste Management and provided a brief overview of technological advances. OLD BUSINESS There was no old business discussed. NEW BUSINESS DATE FOR CMSD CHRISTMAS PARTY Mr. Hamers reported the date for the CMSD Christmas Party was set for December . 6, 2007 at 6:00 pm. The Golden Dragon was reserved and invitations have been sent. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS There were no comments made. ADJOURNMENT President Perry adjourned the meeting at 7:54 p.m. SECRETARY •