Minutes - Board - 2008-03-27•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
March 27, 2008, at 5:30 p.m. at 628 W.
19th Street, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL DIRECTORS PRESENT:
DIRECTORS ABSENT:
President Perry called the meeting to
order at 5:30 p.m.
Director Monahan led the Pledge of
Allegiance.
Mr. Fauth gave the invocation.
Art Perry, Arlene Schafer, Bob Ooten,
James Ferryman, Gary Monahan
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, Management
Analyst; Karl Dulake, Maintenance
Supervisor; Denise Gilbert, Public
Outreach Coordinator; Ron Shef,
Ordinance Enforcement Officer
OTHERS PRESENT: None
. ............................... CONSENT CALENDAR . ...............................
Ms. Revak requested a revision to the Regular Board Meeting Minutes of February 28,
2008. On page 20, under "Junk Mail Alternatives" the statement "Mr. Worthington
provided a copy of an ordinance adopted in Menlo Park to prohibit items from being
distributed to doorsteps." should be removed from the Minutes as no ordinance from
Menlo Park was distributed.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 2
• Director Ooten pointed out a motion was erroneously attributed to Director Worthington.
Ms. Revak stated that has been corrected in the Minutes.
Mr. Burns stated he had given an opinion for the City of Fountain Valley regarding an
ordinance in San Marino, but could not find one from Menlo Park.
Director Schafer motioned to approve the Consent Calendar as corrected. Director
Ooten seconded. Motion carried 5 -0.
REPORTS
MINUTE APPROVAL
Minutes of Sewer
System Committee
The Minutes of the Sewer System Committee
Meeting —
Meeting of January 16, 2008, were approved as
January 16, 2008
distributed.
Minutes of Sewer
System Committee
The Minutes of the Sewer System Committee
Meeting —
Meeting of February 13, 2008, were approved as
February 13, 2008
distributed.
Minutes of Recycling
Committee Meeting —
The Minutes of the Recycling Committee Meeting of
February 25, 2008
February 25, 2008, were approved as distributed.
Minutes of Investment
Oversight Committee
The Minutes of the Investment Oversight Committee
Meeting —
Meeting of February 28, 2008, were approved as
February 28, 2008
distributed.
Minutes of Regular
Meeting —
The Minutes of the Regular Meeting of February 28,
February 28, 2008
2008, were approved as corrected.
Minutes of the Sewer
System Committee The Minutes of the Sewer System Committee Meeting
Meeting — of March 12, 2008, were approved as distributed.
March 12, 2008
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 3
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of February
2008.
Occupancy Report and The Trash Occupancy Count documented an
Payment of $196,236.84 increase of 10 units for the occupancy report for solid
to Costa Mesa Disposal — waste collection as of March 1, 2008. Therefore, the
March 2008 total for March is 21,434.
Monthly Spill Report to
State Water Resources
Control Board
Minutes of Safety /Loss
Control Committee
Meeting - February 20,
2008
Minutes of Human
Resources Meeting -
March 5, 2008
ENGINEER'S REPORTS
Project Status Report
TREASURER'S REPORTS
Financial Report as of
February 29, 2008
Treasurer's Report as of
February 29, 2008
Board directed Staff to prepare a warrant for
$196,236.84 for March 2008 collection based "on
occupancy report. Said payment in the amount of
$196,236.84 to Costa Mesa Disposal to be ratified on
the April 2008 warrant register.
The Monthly Spill Report to the State Water
Resources Board (SWRCB) for February 2008 was
accepted as submitted.
The Minutes of the Safety /Loss Control Committee
Meeting of February 20, 2008, were accepted as
submitted.
The Minutes of the Human Resources Meeting held
March 5, 2008 were accepted as submitted.
The Project Status Report dated February 2008 was
accepted as submitted.
The Financial Report as of February 29, 2008 was
accepted as submitted.
The Treasurer's Report as of February 29, 2008 was
accepted as submitted.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 4
Warrant 2008 -09 for Warrant Resolution #CMSD 2008 -09 was approved,
February 2008 in the authorizing the President and Secretary to sign the
amount of $730,635.48 warrant ratifying the payment of certain claims and
demands, and specifying the funds out of which the
same were paid in the amount of $730,635.48.
Directors Expenses for the Director Compensation and Expense
Month of February 2008 Reimbursements for the Month of February 2008
were approved and ratified as follows:
Director Ferryman: $1326
President Perry: $1326 + $146.18
Vice President Schafer: $1,326 + 26.76
Director Ooten: $1105 + 110.45
Director Monahan: $442
.......................... END OF CONSENT CALENDAR .........................
WRITTEN COMMUNICATIONS
Ms. Revak presented a letter dated March 23, 2008, from Mr. Kurt Suhr, Principal,
Newport Heights Elementary School, thanking the District for the $400 check for the
school's participation in the Telephone Book Recycling Program.
PUBLIC COMMENTS
There were no comments made.
MANAGER'S REPORTS
DISTRICT YARD -174 W. WILSON STREET - CMSD #187
UPDATE ON DESIGN PHASE
Mr. Hamers reported the design phase is progressing smoothly, on schedule,
and he feels confident the District will obtain the Gold LEED accreditation level
for the District Yard.
• Director Schafer inquired whether someone from Edison had contacted the
District regarding a discount for services for the Gold LEED building. Mr. Fauth
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 5
• stated he had not been contacted. Director Schafer will provide contact
information to Mr. Fauth.
Mr. Hamers received an email from Mesa Water offering to assist in designing a
water - saving landscape plan for the yard.
CMSD STRATEGIC PLAN
YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS
SPECIAL DISTRICT LEADERSHIP FOUNDATION (SDLF)
Ms. Revak reported the Board voted to add to the District's Strategic
Planning Goals the attainment of the District of Distinction under the
Special District Leadership Foundation (SDLF) program. The SDLF is an
independent, nonprofit collaborative effort of eight special district
organizations formed to promote effective governance and best practices
among California's special districts. In order to apply, Board members and
the Manager must complete various governance courses and ethics
training.
Ms. Revak reported all Directors have attended the Governance
Foundations class with the exception of Director Monahan. Ms. Revak
also provided a list of date options when the required courses will be
provided. The ethics training is also available on DVD. Mr. Hamers will
need to complete a General Manager Training course which is available
on November 13, 2008.
Ms. Revak will provide additional dates to Director Monahan for
opportunities between April and mid November in which to complete the
Governance Foundations class. Director Perry attended his second
Ethics class in February 2008. All remaining Directors will need to retake
the ethics course before the end of 2008.
"ZERO WASTE"
Mr. Hamers reported the Costa Mesa Sanitary District is one of only nine
Orange County agencies out of 35 that have achieved the state - mandated
50% waste diversion rate every year since the year 2000. The California
legislature has been considering increasing the diversion rate to 70% and
there are currently technologies available that can recycle 80 -90% of the
• waste stream such as ArrowBio of Israel.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 6
The attempt to achieve "Zero Waste" is a concept being adopted by cities
such as Irvine and Fullerton and other agencies who are taking a
comprehensive approach to recycling and the conservation of natural
resources. To reflect and continue the proactive and successful historical
approach to recycling, Mr. Hamers recommended the Board of Directors
adopt "Zero Waste" as a long -term goal and add it to the District's
Strategic Plan.
Director Ooten reported the Recycling Committee discussed Zero Waste
and reported the Directors in attendance were unanimously in favor.
Director Ooten suggested a meeting with the City of Costa Mesa tc
discuss Zero Waste. Director Ooten stated he was in favor of the concept.
Mr. Hamers will bring back additional information to the Board, the item
will remain on the Recycling Committee's agenda, and will be added to the
list of items to be discussed at the next Strategic Planning Session in
January of 2009.
SEWER SYSTEM COMMITTEE
• REPORT ON MEETING HELD MARCH 12, 2008
Director Monahan reported the Sewer System Committee met on March 12,
2008 and discussed multiple items, the three most significant listed below.
CMSD FTP SITE AS POTENTIAL HOST FOR REGIONAL EDUCATION MATERIALS
Mr. Hamers reported Director Ferryman suggested OCSD be considered to host
the Regional Education Materials. Mr. Hamers sent the suggestion to his contact
at OCSD. Mr. Hamers stated Director Ferryman will probably discuss the issue
at the OCSD Operations Committee level.
POTENTIAL TRANSFER OF OCSD SEWERS TO CMSD
Director Monahan stated he had no new information at the Committee level.
Mr. Burns stated he had no update. Director Ferryman stated the transfer was
on the OCSD agenda for discussion.
PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
Director Monahan reported the list of residents utilizing the Sewer Lateral
Assistance Program is growing and the program is very well received.
• Mr. Hamers reported projecting the response to the program to the end of the
fiscal year shows the program will exceed the budget. To date, the District has
COSTA MESA SANITARY DISTRICT
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MARCH 27, 2008
PAGE 7
spent $81,000 of the $100,000 budgeted. Mr. Hamers spoke to Mr. Davis and
Ms. Kallab regarding the options for the program.
Mr. Davis presented three different options to avoid a cost overrun for the
program:
A. Take funds from other approved capital projects and transfer to the sewer
lateral assistance program.
B. Use the reserve.
C. Continue to take applications through the balance of the fiscal year and
communicate that reimbursement is contingent upon funding by the
Board, continuing to pay all approved reimbursements until the $100,000
funding is exhausted. Include the additional claims and factor them into
the budget for the following year for payment.
Discussion was held regarding the various options.
Mr. Hamers stated he preferred the option of using the reserves and
recommended adjusting next year's CIP to the level needed to fund the program.
• Director Perry requested options B. and C. be placed on the agenda for the next
month's regular meeting.
Director Ferryman inquired whether or not a stream of income could be
dedicated to fund this program.
Director Monahan suggested Mr. Davis be directed to review the numbers and
determine a way to fully fund the program for the remainder of the year.
Mr. Hamers stated the program is a model for the state and reported a
representative on the Regional Steering Committee stated the District's Sewer
Lateral Assistance Program was the most comprehensive he had seen.
Mr. Hamers encouraged keeping the program operating.
RECYCLING REPORTS
WASTE DIVERSION REPORT - FEBRUARY 2008
Ms. Revak presented the Waste Diversion Reports for February 2008 showing a
50.43% diversion rate.
. Director Schafer motioned to accept the report. Director Ooten seconded.
Motion carried 5 -0.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 8
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPOSAL
PAYMENT FOR FEBRUARY 2008 SERVICES
Ms. Revak presented the Invoices for February 2008 recycling services and
disposal.
Director Ferryman motioned to ratify contract payment to CR Transfer for
recycling services and disposal for the month of February 2008 in the amount of
$156,251.13. Director Monahan seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
Director Ferryman motioned to ratify contract payment to CR Transfer for
recycling services and disposal for Santa Ana Heights /Newport Beach for the
month of February 2008 in the amount of $6,745.25. Director Monahan
• seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
ORDINANCE ENFORCEMENT OFFICERS REPORT
Mr. Shef reported rain and wind contributed to knocked -over containers during this
reporting period. Mr. Shef also noted residents from multi - family dwellings were lax
about keeping containers out of view. Residents are continuing to leave bags of
newspapers out for scavengers to collect and Mr. Shef recommended a continual
educational process to residents. Mr. Shef reinstituted the detailed report for the
various residences reported for complaints and /or District ordinance infractions.
Director Schafer reported on her street the lids are not being closed when the trash
containers have been emptied. Mr. Fauth reported Mr. Shef carries a form to record
infractions witnessed as he follows a trash truck on its route. Using this form will
• help build a data base to assist CR &R to make sure drivers are responsible on the
routes.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 9
Mr. Shef has followed along on two separate routes and reported the drivers on
these routes have been handling the containers correctly and efficiently.
Mr. Hamers requested Mr. Shef follow along on the route that runs in Director
Schafer's neighborhood to witness how the containers are being placed back onto
the street.
SUBCOMMITTEE TO LIAISON COMMITTEE ON CITY TREE ROOTS
Mr. Hamers reported he does not have a response from Allan Roeder, City
Manager, on his request regarding a date to continue discussing the issue of City
tree roots.
Director Monahan reported he spoke with Mr. Roeder who mentioned he had
conversations with people from the parks department regarding the tree roots.
Director Monahan anticipated the District should be hearing from the City soon.
Mr. Hamers reported seeing "Tree City, USA" signs along the perimeter of the City
of Costa Mesa.
SDRMA
• EQUIPMENT LOST IN FIRE
Mr. Fauth reported Staff is continuing to compile the information on the
equipment that was lost in the fire and estimated the work is 90% complete. The
final total will be the replacement value of the items lost.
THEFT OF POWER CABLES
Mr. Fauth reported Ms. Kallab assembled the invoices to submit to SDRMA on
the theft of the power cables and is waiting for a final invoice from the electrician
for installation of the cable onto the generators to include with the claim.
RECYCLING COMMITTEE — MONDAY, MARCH 24, 2008 — 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 Committee reviewed the goals for 2007/2008 and
Staff is condensing them as requested.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 10
PARTNERSHIP WITH COSTA MESA HIGH SCHOOL LIFE SCIENCE ACADEMY: ASSIST IN
EXPANDING RECYCLING PROGRAMS
Director Ooten reported Ms. Jackson met with the Costa Mesa High School Life
Science Academy and reported they are planning a trash collection event during
earth day.
IWMD SUB- REGIONAL MEETINGS AND GRANT PROGRAM
Director Ooten reported the City of Costa Mesa and the Costa Mesa Sanitary
District were each approved for a $20,000 grant from IWMD.
In anticipation of the grant monies being approved, Mr. Fauth reported research
has been completed regarding the cost and type of compost bins. Mr. Fauth had
discussions with Curbside Inc. to insure they can provide service for collection of
batteries and Mr. Fauth will also review an offer from another company to provide
similar services as Curbside Inc.
Mr. Harriers suggested some of the monies be slated to OCC Recycling Center
to assist in filling the gap of battery collection and fluorescent tube collection.
This will allow residents to take all a -waste materials to one location.
• Mr. Fauth attended the IWMD meeting where the grants were discussed. He
stated the format for distribution of future grants has not been decided and may
not be distributed directly to the cities and districts in future years. Mr. Fauth
recommended the District utilize another avenue for monies for a U -waste
program.
Director Monahan inquired as to how the District would distribute funds to OCC
Recycling Center for the U -Waste program. Mr. Fauth reported no monies would
be given directly to OCC Recycling Center, rather, the District would contract
directly with a contractor to pick up the batteries and fluorescent tubes from OCC
Recycling Center.
Mr. Burns recommended a follow -up report on the grant issue.
FINES FOR NONCOMPLIANCE WITH AB 939
Director Ooten reported cities and agencies are to recycle 50% by the year 2000.
Director Ooten presented a report showing the cities that have not come into
compliance and are receiving fines as high as $82,000.
UNSOLICITED DOCUMENTS
Director Ooten provided an informational sheet on how to control junk mail by
obtaining a junk mail reduction kit.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 11
is "ZERO WASTE"
Director Ooten had no additional information to add to the subject.
REQUEST FROM MACY'S SOUTH COAST PLAZA HOME STORE TO PARTICIPATE IN
COMPOSTING DEMONSTRATION ON APRIL 26, 2008
Director Ooten reported there will be a composting demonstration held at the
Home Store in South Coast Plaza on April 26, 2008. Mr. Hamers reported
Mr. Patrick McNelly, OCSD, will speak at the seminar and the CMSD will provide
support.
TOUR OF ORANGE COUNTY LANDFILL FOR UCI FOREIGN EXCHANGE STUDENTS
THURSDAY, MARCH 6, 2008
Director Ooten reported Staff members hosted a tour of the Orange County
Landfill with foreign exchange students from UCI.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
Director Ooten reported the Committee also discussed water conservation and
new toilets.
Director Ooten reported a topic of discussion at the Recycling Committee
Meeting and at the IWMD centered around the acceptance of a soil load that was
contaminated with PCB pesticides. Director Ooten stated protocol would require
all soil loads to be tested to insure the soil was acceptable at the landfill.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers reported the steering committee is assisting other agencies with their
compliance efforts. Mr. Hamers thanked Director Ferryman for his suggestion that
OCSD host the educational materials.
PROJECT #168 — IRVINE PUMPING STATION RELOCATION
Mr. Hamers reported the Irvine Pumping Station Relocation is progressing nicely.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 12
• CONVERSION OF "FIXTURE FEES" TO "CAPACITY CHARGES"
Mr. Hamers reported Director Ooten had requested at a previous meeting to receive
a listing of fixture fee revenues. Mr. Hamers presented a memorandum listing the
fixture fees for the periods covering 2002/2003 to 2006/2007. Mr. Hamers is
currently in the process of writing the justification for the conversion now.
Mr. Hamers will research Director Ferryman's suggestion that the capacity charges
support the Lateral Assistance. Program. Mr. Hamers reported the item will be
brought back to the Board in ordinance form along with a request to revise the fees
to an appropriate level.
TREASURER'S REPORTS
BUDGET CALENDAR FOR FISCAL YEAR 2008 -09 BUDGET
Mr. Davis distributed a preliminary budget calendar for fiscal year 2008 -09 and
requested the Board set a date for the 2008 -2009 Budget meeting.
A date of May 1, 2008 at 5:30 p.m. was set for a Special Meeting to discuss the
budget.
0 CR &R - RESOLUTION OF CONTRACTUAL INTERPRETATIONS
FISCAL YEAR 2006 -2007
Mr. Davis reported as he was closing out fiscal year 2006 -07, CR &R raised
interpretation issues regarding the revenue from the extra container program.
Staff met with CR &R on several occasions and discussed three main items:
1. Program dates. The determination of dates for the first year of the container
program, which Staff agreed should be September 1, 2006 to August 31,
2007 in order to encompass a full twelve months.
2. Grandfathered containers. Subsequent to the adoption of the agreement
with CR &R for additional containers, there were 171 grandfathered containers
that were approved by the Board. CR &R believed they should be
compensated for the containers. At the time Staff met with CR &R, the
number was reduced to 153, or $13,300 of lost revenue. Mr. Davis reported
Staff agreed with the interpretation.
CR &R agreed to a one -time payment regarding the grandfathered containers
and agreed not to make any future request for reimbursement for those
containers in an effort to close out the first year.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 13
• 3. Delinquent accounts. During the first year, there were approximately 200
accounts that were delinquent in paying their additional container charge.
Although there is no provision in the contract for delinquent accounts, Staff is
in agreement for paying the delinquent accounts to CR &R upon closing the
first fiscal year.
Mr. Davis presented a signed agreement from Mr. Dean Ruffridge, CR &R,
agreeing to a payment to CR &R of $30,593.25 to settle the first year of the
extra container program.
Discussion was held regarding the delinquent accounts. Mr. Hamers stated
the delinquent containers are being removed from the residences.
Mr. Hamers stated he would contact CR &R and state the $30,593.25
payment will not be made until the District has been paid for the revenue
owed the District for the second year of the program.
Mr. Fauth reported that Ms. Kallab will take over the performance evaluation
of CR &R and create a more user - friendly form.
Director Ooten motioned to pay $30,593.25 to CR &R to close out the first year
contract. Director Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
Director Ooten requested a follow -up on the delinquent containers. Mr. Hamers
stated he will investigate the matter and bring back a report.
FISCAL YEAR 2007 -2008
Mr. Davis reported the agreement with CR &R calls for 100% of the revenue from
the extra container program to come to the District for rate stabilization. In
closing out the first year, CR &R provided a statement of their costs during the
program and is seeking reimbursement for those costs in year two. Mr. Davis
stated Staff is not in agreement with the costs CR &R is providing. Mr. Davis will
have additional discussions with CR &R and the item will be brought back to the
Board at a future date.
COSTA MESA SANITARY DISTRICT
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MARCH 27, 2008
PAGE 14
EXTENSION OF /AUDIT SERVICES CONTRACT
Mr. Davis recommended the Board exercise the first option year and approve an
engagement letter with Diehl, Evans, & Company, LLP to perform the District's
annual audit for the year ending June 30, 2008 in the amount of $9,820, subject to
final approval as to form by District Counsel.
Director Ferryman motioned to approve the extension of audit services contract with
Diehl, Evans, & Company, LLP, in the amount of $9,820, subject to final approval as
to form by District Counsel. Director Monahan seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
BUDGET ADJUSTMENT FOR PROJECT #168 - IRVINE PUMPING STATION
RELOCATION
• Mr. Davis presented a budget adjustment for Project #168, Irvine Pumping Station.
Director Ferryman motioned to approve the budget adjustment for Project #168 in
the amount of $200,000. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
BUDGET ADJUSTMENT FOR PROJECT #175 - TELEVISING CMSD SEWER
LINES
Mr. Davis presented a budget adjustment for Project #175 - Televising CMSD Sewer
Lines.
Director Ferryman motioned to approve the budget adjustment for Project #175 for
$83,750. Director Monahan seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
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COSTA MESA SANITARY DISTRICT
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MARCH 27, 2008
PAGE 15
BUDGET ADJUSTMENT FOR DISTRICT YARD CMSD #187 - SOILS ENGINEER
Mr. Davis presented a budget adjustment for the hiring of a soils engineer.
Director Ferryman motioned to approve the budget adjustment for the District Yard
soils engineer in the amount of $3,250. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
ORANGE COUNTY INVESTMENT POOL - SEEKING TO RECOVER $80 MILLION
INVESTMENT
Mr. Davis reported the Orange County Investment Pool invested in a complex British
fund that was forced into receivership last month after it defaulted on payments to
creditors. Mr. Davis reassured the Board no CMSD funds were invested in the
Orange County Investment Pool. Mr. Davis reported CMSD monies are invested in
LAIF, whose policy does not allow similarly structured investment vehicles.
0 ATTORNEY'S REPORT
SUBSTITUTION OF SUBCONTRACTORS UPHELD (TITAN ELECTRICAL
CORPORATION y LOS ANGELES UNIFIED SCHOOL DISTRICT)
Mr. Burns informed the Board that the Court of Appeal has upheld a substitution of
subcontractors against a challenge that the process was flawed. (Titan Electrical
Corporation v Los Angeles Unified School District)
RESOLUTION NO. 2008 -749 — MAKING FINDINGS & CONCLUSIONS
PERTAINING TO THE APPEAL OF SEWER SPILL ABATEMENT CHARGES FOR
3030 HARBOR BLVD. (ROYAL OAKS PROPERTY SERVICES) (APN 418 -151-
07
Mr. Burns introduced RESOLUTION NO. 749, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT MAKING
FINDINGS AND CONCLUSIONS PERTAINING TO THE APPEAL OF SEWER
SPILL ABATEMENT CHARGES FOR 3030 HARBOR BOULEVARD (ROYAL OAK
PROPERTY SERVICES) (APN 418 - 151 -07)
Director Schafer motioned to adopt Resolution No. 2008 -749. Director Ferryman
seconded.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 16
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman
Noes: None
Abstentions: Monahan, Ooten
REQUEST FOR RATE INCREASE
Mr. Burns requested a compensation increase for the attorney services provided to
the District. It has been two years since the last increase, and Mr. Burns outlined
the costs that have increased, including office expenses, personnel, malpractice and
other insurance, workers compensation, utilities, books, and other supplies and
services necessary to run a law office. The CPI increase during this period was
approximately 6.2%
Mr. Burns requested an increase of 6.2% as follows:
Position Existing Rate Proposed Rate
Senior Attorney, Partner $170 $181
_._
Attorney e soc
Asiat Aney
_ . _ _ ...__.__ _ _. _ _ . $125 $1.33
Law Clerk $80 `$85
_
Paralegal $75 ._. , $80
Director Ferryman motioned to approve the increase. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
LOCAL MEETINGS (Includes reports by all Directors Representating CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD)
MEETING HELD MARCH 26, 2008 (DIRECTOR FERRYMAN
Director Ferryman attended the March 26, 2008 OCSD meeting and reported the
following:
■ Discussion regarding transferring OCSD sewer lines to the Costa Mesa
Sanitary District
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MARCH 27, 2008
PAGE 17
SANTA ANA DIVER FLOOD PROTECTION AGENCY (SARFPA)
MEETING HELD MARCH 27, 2008 (PRESIDENT PERRY)
Director Ferryman attended the March 27, 2008 SARFPA meeting and reported
the following:
■ Discussion regarding the legislation introduced in the House and Senate
regarding the creation of a flood plain and mandatory flood insurance.
Approximately 1/3 of Orange County would fall in the flood plain.
• Subvention funds requested - $44 million to complete purchase of
property and $8 million to complete the dam.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR
SCHAFER
Director Schafer attended the March 4, 2008 ISDOC meeting and reported the
following:
• ■ $14.5 billion state budget deficit
■ Director Schafer discussed CASA
■ CSDA legislation committee forming partners with CASA, ACWA, League
of Cities, and others to talk to the Governor
■ Shawn Dewane from Mesa Consolidated Water District gave a
presentation to the committee on technology and production
■ Director Schafer reported on CSDA's annual conference
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer attended the March 13, 2008 LAFCO meeting and reported the
following:
• Public Hearing
• Rossmoor workshop
■ , 600 people present to address the Board
■ Next public hearing in June where LAFCO will decide on moving forward
on incorporation of Rossmoor area
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 18
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CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER)
Director Schafer attended the March 13, 2008 Legislative Committee meeting and
March 14, 2008 Board meeting and reported the following:
■ 70% exhibitors filled for annual conference
■ Mayor of Irvine will give the opening welcome at the annual conference
■ Golf tournament - Bagit, which stands for Business Affiliates Golf
Tournament, to be held on Monday, September 22, 2008 at Monarch
Beach Golf Links in Dana Point at 10:00 a.m. - $125 per player
■ Meetings April 10 and 11, 2008
CWEA CONFERENCE IN SACRAMENTO - APRIL 13-16,2008
Director Monahan motioned to approve attendance by Director Ooten at the CWEA
Conference in Sacramento to be held on April 13 -16, 2008. Director Schafer
seconded. Motion carried 5 -0.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
OCCOG
Director Schafer did not attend the meeting but made materials available for the
Board's perusal.
WACO
Director Schafer attended the March 7, 2008 and March 18, 2008 meetings and
reported the following:
Update on CSDA
■ Program - Metropolitan Water District Water Supply Allocation Plan - What
it means to Orange County
Speakers Brandon Goshi, Manager, Water Resource Analysis,
Metropolitan Water District and Mathew Stone, Associate General
Manager, Municipal Water District of Orange County
■ Speakers for future meetings discussed
• Water Festival
• Lunch meeting OCWD /MWDOC May 2
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 19
CHAMBER OF COMMERCE MEETING
Director Schafer attended the Chamber of Commerce meeting on March 5, 2008
and reported the following:
• Director Schafer reported on CMSD, LAFCO, and CSDA
• Discussed with Edison Company contacting Mr. Fauth regarding a rebate
for the District Yard due to energy- savings design
Director Schafer attended the Chamber of Commerce Meeting on March 5, 2008.
CSDA GOVERNANCE FOUNDATION MEETING
Director Ooten attended the CSDA Governance Foundation Meeting and
reported the following:
■ Duties of Board and Staff members
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
CHANGE OF REGULAR MEETING DATE FOR APRIL 2008
The April 2008 Regular Meeting was changed to Monday, April 21, 2008 at 5:30
p.m.
CHANGE OF REGULAR MEETING DATE FOR JUNE 2008
The June 2008 Regular Meeting was changed to Monday, June 23, 2008 at 5:30
p.m.
COSTA MESA HISTORICAL SOCIETY MEMBERSHIP DUES IN THE AMOUNT OF
100
Director Ferryman motioned to approve payment of membership dues to the Costa
Mesa Historical Society in the amount of $100. Director Schafer seconded.
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0
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 27, 2008
PAGE 20
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
LIFETIME ACHIEVEMENT AWARD FOR BECKY BAILEY- FINDLEY BY COSTA
MESA CHAMBER OF COMMERCE ON APRIL 4, 2008
Director Monahan motioned to approve the District's proclamation for Ms. Becky
Bailey - Findley. Director Schafer seconded. Motion carried 5 -0.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Mr. Hamers stated Staff greatly appreciates the Board's wisdom and enjoys working
with Board members.
ADJOURNMENT
President Perry adjourned the meeting at 7:25 p.m.
... ECRETARY
RESIDENT