Minutes - Board - 2008-08-28•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 28, 2008
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
August 28, 2008, at 5:30 p.m. at 628 W.
19t Street, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
President Perry called the meeting to
order at 5:30 p.m.
Director Schafer led the Pledge of
Allegiance.
Mr. Fauth gave the invocation.
ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, Bob Ooten,
James Ferryman, Gary Monahan
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; Teresa
Gonzalez, Accountant;
Sherry Kallab,
Management Analyst;
Janel Jackson,
Office Specialist II;
Ron Shef,
Enforcement Officer;
Kaitlin Tran,
Accounting Specialist I.
OTHERS PRESENT: Jim Kolk
Environmental Engineering &
Contracting, Inc.
501 ParkCenter Drive, Santa Ana
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CONSENT CALENDAR
Director Monahan motioned to approve the Consent Calendar. Director Schafer
seconded. Motion carried 4 -0 (Director Ooten had not yet arrived.)
REPORTS
MINUTE APPROVAL
Minutes of Sewer System The Minutes of the Sewer System Committee
Committee Meeting, July Meeting of July 9, 2008, were approved as
9, 2008 distributed.
Minutes of City /Districts The Minutes of the City /Districts Liaison Committee
Liaison Committee Meeting of July 11, 2008, were approved as
Meeting, July 11, 2008 distributed.
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting, of July 14, 2008, were approved as distributed.
July 14, 2008
Minutes of Regular The Minutes of the Regular Meeting of July 16,
Meeting, July 16, 2008 2008, were approved as distributed.
Minutes of Board of The Minutes of the Board of Directors Special
Directors Special Meeting, Meeting of August 5, 2008 were approved as
August 5, 2008 distributed.
Minutes of Sewer System The Minutes of the Sewer System Committee
Committee Meeting, Meeting of August 13, 2008, were approved as
August 13, 2008 distributed.
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of August
2008.
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MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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Occupancy Report and The Trash Occupancy Count documented an
Payment of $196,603.06 increase of 3 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of August 1, 2008.
August 2008 Therefore, the total for August is 21,474.
Monthly Spill Report to
State Water Resources
Control Board
Minutes of Human
Resources Meeting held
July 17, 2008
ENGINEER'S REPORTS
Project Status Report
TREASURER'S REPORTS
Financial Report as of
July 31, 2008
Treasurer's Report as of
July 31, 2008
Board directed Staff to prepare a warrant for
$196,603.06 for August 2008 collection based on
occupancy report. Said payment in the amount of
$196,603.06 to Costa Mesa Disposal to be ratified
on the September 2008 warrant register.
The Monthly Spill Report to the State Water
Resources Control Board (SWRCB) for July 2008
was accepted as submitted.
The minutes of the Human Resources meeting
held July 17, 2008 were accepted as submitted.
The Project Status Report dated August 2008 was
accepted as submitted.
The Financial Report as of July 31, 2008 was
accepted as submitted.
The Treasurer's Report as of July 31, 2008 was
accepted as submitted.
Warrant 2009 -02 for July Warrant Resolution #CMSD 2009 -02 was
2008 in the amount of approved, authorizing the President and Secretary
$1,012,417.78 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
$1,012,417.78.
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MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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Directors Expenses for the Director Compensation and Expense
Month of July 2008 Reimbursements for the Month of July 2008 were
approved and ratified as follows:
President Perry: $884.00
Vice President Schafer: $1326.00 + $5.85
Director Ooten: $1326.00 + $17.55
Director Ferryman: $884.00
Director Monahan: $663.00
END OF CONSENT CALENDAR
WRITTEN COMMUNICATIONS
Ms. Revak reported a written communication was received from Dan Worthington with
• regard to his use of the CR &R brochures and also stating he will no longer be able to
attend CMSD meetings.
Director Ooten arrived at 5:47 p.m.
PUBLIC COMMENTS
There were no public comments.
MANAGER'S REPORTS
DISTRICT YARD —174 W. WILSON STREET — CMSD #187
UPDATE ON DESIGN PHASE
Mr. Hamers reported the construction drawings will be resubmitted to the City of Costa
Mesa for the second plan check.
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0 CMSD STRATEGIC PLAN
MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS
Mr. Hamers reported the' Year 2007/2008 Additional Strategic Planning Action Items
are on the agenda for review and Staff is available to answer any questions.
STRATEGIC PLANNING 2009 OPTIONS OF ONE AND FIVE -YEAR PLAN
Mr. Hamers inquired the Board's desire regarding the Strategic Planning 2009 Options
of One and Five -Year Plan. Director Ooten suggested consideration for long -term goals
as part of a five -year process, broken into phases. Director Schafer suggested a short -
term and long -term plan. Mr. Hamers recommended a two -year plan while also
incorporating long -term goals and Mr. Hamers was directed to proceed as such.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD AUGUST 13, 2008
Director Monahan presented topics of discussion at the August 13, 2008 meeting in
which Mr. Dulake presented examples of sewer manhole covers that seal better and are
quieter when being driven over.
Mr. Hamers discussed the OCSD Peroxide Station at the CMSD Mendoza Pumping
Station. Mr. Burns inquired as to the Agreement with OCSD. Mr. Fauth reported the
latest draft of the Agreement is ready for review. Mr. Hamers recommended adding it to
September's Regular Board Meeting agenda.
Director Schafer inquired as to the complaints regarding the odor at the Elden Pumping
Station. Mr. Hamers stated the need to discern whether it's storm drain odor or sewer
odor. Mr. Hamers agreed to look into the matter of the complaint.
TRANSFER OF SEWERS FROM OCSD TO CMSD
Agreement at Staff Level
Mr. Hamers reported a tentative agreement was reached at Staff level regarding the
transfer of certain sewer lines from OCSD to CMSD. Mr. Hamers reported there will be
a follow -up meeting in September to finalize the agreement at Staff level.
Acceptance of Sewer Lines without Easements
Mr. Hamers requested Mr. Burns to look into the matter regarding sewers that do not
have easements. Mr. Burns is considering additional language to be added to the
Agreement.
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New Sewer Charges
MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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Mr. Hamers reported on the new sewer charges with prior notification distributed to
affected businesses. President Perry requested copies of sewer charges to individual
businesses be distributed at the September Staff level meeting before approval.
PROJECT ##186 SEWER LATERAL ASSISTANCE PROGRAM
Director Monahan reported the Sewer Lateral Assistance Program is very successful
and new applications are received daily.
RECYCLING REPORTS
WASTE DIVERSION REPORT — JULY 2008
Ms. Revak presented the Waste Diversion Report for July 2008 showing a 50.41%
diversion rate.
Director Schafer motioned to accept the .report. Director Ooten seconded. Motion
carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPOSAL
PAYMENT FOR JULY 2008 SERVICES
Ms. Revak presented the invoices for July 2008 recycling services and disposal.
Director Ferryman motioned to ratify contract payment to CR Transfer for recycling
services for the month of July 2008 in the amount of $199,140.45. Director Ooten
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 and Newport Beach for the month of July
2008 in the amount of $11,459.16. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
• Noes: None
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• ORDINANCE ENFORCEMENT OFFICERS REPORT
The transition of the Ordinance Enforcement Officer position will begin at the end of
September 2008. Ron Shef will be retiring as of December 31, 2008.
Mr. Shef requested gate codes to gain access to gated communities. Mr. Fauth stated
he will acquire gate codes and supply them to Mr. Shef.
President Perry inquired about notification of hazardous waste left at curbside of
residences. Mr. Shef reported that he contacts the resident to provide appropriate
numbers for pick up by Curbside; and if no answer, Mr. Shef calls Curbside.
RECYCLING COMMITTEE — MONDAY, AUGUST 25, 2008 — 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 no comments to the Recycling Committee Goals for
2007/2008.
is ALTERNATIVE TECHNOLOGIES
Directors Ooten and Ferryman attended a meeting with CR &R regarding discussion of
conversion and alternative technologies.
FOOD RECYCLING
Director Ooten distributed an article from the City of Los Angeles regarding Food
Recycling.
DISPOSAL OF RESIDENTIAL GREASE IN CMSD TRASH COLLECTION PROGRAM
Director Ooten reported Mr. Hamers sent a letter to CR &R regarding whether
household fats, oils and greases are a problem being put into the trash system.
IWMD SUB- REGIONAL MEETINGS AND GRANT PROGRAM
Composting Seminar Event to be hosted by the City of Costa Mesa and
CMSD
Director Ooten reported Staff is working on different dates and potential avenues are
. still being discussed regarding the composting seminar.
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Status of Collection of Batteries and CFLs at Orange Coast College
Recycling Center
Director Ooten reported Orange Coast College is receiving an increasing number of
batteries and bulbs.
Forthcoming "Sharps" Programs at Orange County Cities
Director Ooten reported CMSD has a program in place regarding "Sharps" and working
with them to try to obtain some of the $250,000 grant. Ms. Kallab is inquiring as to the
availability of applying the grant funds to CMSD's program.
LARGE ITEM COLLECTION —.TUNE 16 THROUGH AUGUST 22, 2008
Director Ooten reported the Large Item Collection is complete. Ms Revak distributed a
handout showing a historical perspective of the program since 1997 and also a
comparison of five years. Ms. Revak stated there was a report on the program showing
a profit due to the amount of White Goods of $880.14.
PARTNERSHIPS WITH OCSD
• Biosolids
Director Ooten attended a meeting with OCSD regarding biosolids.
No Drugs Down the Drain
Director Ooten reported OCSD has an active program called "No Drugs Down the
Drain" and CMSD is in the forefront of working with them regarding the program.
2008 TELEPHONE BOOK RECYCLING PROGRAM
Director Ooten reported low participation in the 2008 Telephone Book Recycling
Program by several schools. Ms. Revak will report back to the Committee at the next
Recycling Committee meeting on modifications to the Program. Efforts are being made
to generate more participation and energy level in those schools with low participation.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
There were no reports on Other CMSD Recycling Programs.
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0 ENGINEER'S - REPORTS
MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers presented fliers of the case study seminar held in August 2008. South
Coast Water District is going to rehabilitate the remaining two miles of their tunnel at a
cost of $25 million. Mr. Hamers reported a forthcoming November seminar on force
main inspection, rehabilitation and condition assessment.
PROJECT #180 FOG CONTROL PROGRAM — 2007 -2008 ANNUAL REPORT
Mr. Hamers introduced Jim Kolk of EEC who gave a presentation and distributed
handouts of the 2007 -2008 FOG Control Program. Mr. Kolk reported over 2600
inspections of food service restaurants have occurred to provide education of the FOG
Control Program.
President Perry inquired as to the inability of the cooking facilities at the stadium at
Estancia High School in Costa Mesa to be used during an event. Mr. Hamers
suggested it may be a health department issue and requested Mr. Kolk to look into the
matter and report back.
REPORT ON EMERGENCY OR NON -BID SEWER WORK — ADAMS PUMPING
STATION
Mr. Hamers presented the Report on Emergency or Non -Bid Sewer Work for August
2008 Regular Board Meeting. The work was handled by Schuler Engineering in
conjunction with Mr. Dulake and CMSD inspectors in July 2008.
Director Monahan motioned to ratify the actions by the Manager /District Engineer and
the contractor by a 4/5 vote. Director Ooten seconded. Motion carried 5 -0.
SURVEY OF FINAL 2007 -08 SEWER RATES
Ms. Gonzalez gave a quick overview of how the Survey of the Final 2007 -08 Sewer
Rates was prepared. Ms. Gonzalez showed all the agencies that have a monthly rate
that's not tied to a water bill, and CMSD had the lowest sewer rate for 2007 -08.
TREASURER'S REPORTS
Mr. Davis was absent for the August Regular Board meeting.
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• ATTORNEY'S REPORT
MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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CLAIM BY BACK BAY CENTER, LTD., FOR PROPERTY AT 2651 -2675 IRVINE
AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION)
Mr. Burns presented the Board with a brief overview of the Back Bay Center Claim. Mr.
Burns reported that due to the damages caused money was withheld from the
contractor until repairs are made. Mr. Burns stated CMSD has multiple coverages and
doesn't anticipate any expense on the part of CMSD. Mr. Burns reported Back Bay has
employed a soils engineer who is analyzing the problem.
SANTA CLARA OPEN SPACE AUTHORITY PROPOSITION 218 CASE
Mr. Burns reported on the Santa Clara Open space Authority Proposition 218 Case and
will keep the Board apprised of future developments and its impact on CMSD.
PAYMENT UNDER PROTEST NECESSARY FOR REFUND OF SEWER FEES
PAID (LOS ALTOS COUNTRY CLUB V. COUNTY OF SANTA CLARA)
• Mr. Burns reported on the Payment Under Protest Necessary for Refund of Sewer Fees
Paid (Los Altos Country Club v. County of Santa Clara). Mr. Burns reported it is a well -
established law that in order to receive a refund the payment must be paid "under
protest," and the courts have applied that to sewer fees.
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD)
Director Ferryman presented the discussion from the OCSD meeting in which
compensation for the general manager was discussed in closed session.
Director Ferryman reported Doug Davert and Larry Crandell went to Stockholm to
receive the groundwater replenishment system award, and Dennis Villado and Mike
Marcus were there from the Water District.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (PRESIDENT
PERRY
There was no meeting in July 2008.
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MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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• DUES FOR FISCAL YEAR 2008-2009 IN THE AMOUNT OF $1,100.00
An invoice was presented regarding dues for Fiscal Year 2008 -2009 in the amount of
$1,100.
Director Monahan motioned to ratify payment for dues for Fiscal Year 2008 -2009 in the
amount of $1,100.00. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
(DIRECTOR SCHAFER)
ISDOC QUARTERLY MEETING — THURSDAY, JULY 31, 2008, 11:30 A.M. AT
MWDOC /OCWD JOINT BOARD ROOM, FOUNTAIN VALLEY
Director Schafer attended the July 31, 2008 quarterly meeting and reported on CSDA
is and LAFCO. Director Schafer reported an increase in luncheon price from $12 to $15
and for walk -ins from $15 to $18.
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer attended the August 13, 2008 LAFCO meeting held at Irvine Ranch
Water District where a strategic planning session occurred. Director Schafer reported
she will be in Hollywood next week for the Cal LAFCO conference.
_CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR
SCHAFER
CSDA 2008 BOARD ELECTIONS REGION 6, SEAT C
Director Schafer reported it is time to send in a ballot for the CSDA 2008 Board
Elections Region 6, Seat C. Director Schafer recommended Dewey Ausmus be
selected. Director Monahan motioned to accept the selection of Dewey Ausmus.
Director Ferryman seconded. Motion carried 5 -0.
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MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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0 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
PROPOSED RESOLUTION NO. 195 ESTABLISHING CASA ANNUAL MEMBERSHIP DUES
FOR CALENDAR YEAR 2009
Mr. Hamers reported the Proposed Resolution No. 195 Establishing CASA Annual
Membership Dues for Calendar year 2009 is informational only at this time.
(CASA) 2008 ANNUAL CONFERENCE AT MONTEREY — AUGUST 20 -23,
2008 (ATTENDED BY PRESIDENT PERRY & DIRECTORS SCHAFER AND
FERRYMAN)
President Perry and Directors Schafer and Ferryman attended the CASA 2008 Annual
Conference in Monterey, August 20 -23, 2008. Director Schafer attended the State and
Local Ethics Training Certification and submitted her certification to Ms. Revak for filing.
President Perry and Director Ferryman report on their activities at the conference.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030
• CHAMBER OF COMMERCE
President Perry attended the Chamber breakfast on July 17th, and the guest speaker
was from Dale Carnegie Association. Director Schafer attended a Chamber of
Commerce lunch meeting and gave an update on CMSD.
OCCOG
Director Schafer did not attend the meeting.
WACO
President Perry and Directors Schafer and Ooten attended the August 1., 2008 WACO
meeting. Director Schafer presented information on the National Water Research
Institute. Director Ooten reported LAFCO presented the draft Regional Comprehensive
Plan. President Perry reported Jack Fuller gave an informative presentation about
Metropolitan Water District.
OLD BUSINESS
ELECTION 2008
• Ms. Revak reported a summary of the candidates running for Director of the District in
the November election.
• NEW BUSINESS
MINUTES OF CMSD BOARD OF DIRECTORS MEETING HELD AUGUST 28,
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SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) PROPERTY
AND LIABILITY PROGRAM RENEWAL _CONTRIBUTION INVOICE — FY2008 -09
Director Ooten motioned to ratify payment in the amount of $67,775.12 to the Special
District Risk Management Authority (SDRMA) Property and Liability Program Renewal
contribution Invoice — FY2008 -09 subject to Staff confirming "inverse condemnation"
coverage is included when related to property damage from a sewer spill. Director
Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten Ferryman, Monahan
Noes: None.
TRI -STATE SEMINAR IN PRIMM, NEVADA — SEPTEMBER 27 -29, 2008
Director Ferryman motioned to approve attendance by Director Ooten to attend the Tri-
State Seminar in Primm, Nevada, September 27 -29, 2008. Director Schafer seconded.
Motion carried 5 -0.
SURVEY OF SOLID WASTE RATES & SERVICES BY HF&H CONSULTANTS,
LLC
Mr. Hamers reported on the survey of Solid Waste Rates & Services by HF &H
Consultants, LLC.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Ooten reported he will be at Tewinkle School next week and would like to go to
Estancia High School as well to present a simulation of a sewage treatment plant.
ADJOURNMENT
President Perry adjourned the meeting 7:21 p.m.
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