Minutes - Board - 2008-09-18•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 18, 2008
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
September 18, 2008, 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 Ooten led the Pledge of
Allegiance.
INVOCATION Mr. Fauth gave the invocation.
ROLL CALL
DIRECTORS PRESENT: Art Perry, Bob Ooten, Arlene Schafer,
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; Marc Davis,
Treasurer; Sherry Kallab, Management
Analyst; Debbie Bjornson, Permit
Processing Specialist; Janel Jackson,
Office Specialist II
OTHERS PRESENT: Mr. Bruce Mattern, 9441 Harcourt,
Huntington Beach
Mr. Bill Sneen, 974 Begonia Avenue
Costa Mesa
MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 2
• CONSENT CALENDAR
Director Schafer motioned to approve the Consent Calendar. Director Ooten seconded.
Motion carried 4 -0 (Director Monahan not yet in attendance.)
REPORTS
MINUTE APPROVAL
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting, of August 25, 2008, were approved as distributed.
August 25, 2008
Minutes of Regular The Minutes of the Regular Meeting of August 28,
Meeting, August 28, 2008 2008, were approved as distributed.
MANAGER'S REPORTS
REFUNDS
Occupancy Report and
Payment of $196,621.37
to Costa Mesa Disposal —
September 2008
There were no refunds for the month of September
2008.
The Trash Occupancy Count documented an
increase of 2 units for the occupancy report for
solid waste collection as of September 1, 2008.
Therefore, the total for September is 21,476.
Board directed Staff to prepare a warrant for
$196,621.37 for September 2008 collection based
on occupancy report. Said payment in the amount
of $196,621.37 to Costa Mesa Disposal to be
ratified on the October 2008 warrant register.
Monthly Spill Report to The Monthly Spill Report to the State Water
State Water Resources Resources Control Board (SWRCB) for September
Control Board 2008 was accepted as submitted.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated September 2008
was accepted as submitted.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 3
0 TREASURER'S REPORTS
Financial Report as of The Financial Report as of August 31,, 2008 was
August 31, 2008 accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of August 31, 2008
August 31, 2008 was accepted as submitted.
Warrant 2009 -03 for Warrant Resolution #CMSD 2009 -03 was
August 2008 in the approved, authorizing the President and Secretary
amount of $640,682.04 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
$640,682.04.
Directors Expenses for the Director Compensation and Expense
Month of August 2008 Reimbursements for the Month of August 2008
were approved and ratified as follows:
President Perry: $1,326.00 + 535.53
Vice President Schafer: $1,326.00 + $548.13
Director Ooten: $1,326.00 + $11.70
Director Ferryman: $663.00
Director Monahan: $663.00
END OF CONSENT CALENDAR
Director Monahan arrived at 6.20 p.m.
WRITTEN COMMUNICATIONS
Ms. Revak presented an invitation from CR &R to a dinner on September 25, 2008 as
part of the 2008 League of California Cities Convention. No members of the Board or
Staff are available to attend.
PUBLIC COMMENTS
Mr. Bill Sneen, Costa Mesa resident and candidate for the Costa Mesa City Council,
introduced himself and reported he came to observe the CMSD regular meeting.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 4
• MANAGER'S REPORTS
_PERFORMANCE EVALUATIONS OF ALL DISTRICT EMPLOYEES (GOVERNMENT
CODE SECTION 54957)
TO PROVIDE AUTHORITY TO THE DISTRICT'S LABOR NEGOTIATOR, ROBIN
HAMERS, REGARDING COMPENSATION, BUT NOT LIMITED TO THE CALPERS
RETIREMENT FORMULA, FOR ALL UNREPRESENTED EMPLOYEES
(GOVERNMENT CODE SECTION 54957.6)
President Perry advised the closed session would take place after the regular
meeting adjourned.
DISTRICT YARD — 174 W. WILSON STREET - CMSD #187
Mr. Hamers presented an update on the design phase of the District Yard noting the
plans into second plan check at the City of Costa Mesa.
CMSD STRATEGIC PLAN
• YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS
The report on the Year 2007/2008 Additional Strategic Planning Action Items was
presented.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD SEPTEMBER 10, 2008
Director Monahan presented topics of discussion at the September 10, 2008 meeting.
TRANSFER OF SEWERS FROM OCSD TO CMSD
Mr. Hamers reported District Staff met with OCSD Staff to discuss the transfer of OCSD
sewers to the CMSD. District Staff will prepare a letter to property owners with a list of
reasons for transfer of the sewers and sewer fees.
PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
Mr. Hamers presented a spreadsheet on the Sewer Lateral Assistance Program and
noted additional monies were approved for the program for fiscal.year 2008 -09.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 5
RECYCLING REPORTS
WASTE DIVERSION REPORT —AUGUST 2008
Ms. Revak presented the Waste Diversion Report for August 2008 showing a 50.41 %
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
DISPOSAL
PAYMENT FOR AUGUST 2008 SERVICES
Ms. Revak presented the invoices for August 2008 recycling services and disposal.
Director Schafer motioned to ratify contract payment to CR Transfer for recycling
services for the month of August 2008 in the amount of $174,483.21. Director Ooten
seconded.
0 Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
ORDINANCE ENFORCEMENT OFFICERS REPORT
The Ordinance Enforcement Officer presented his monthly report with no unusual
activity.
CITY TREE ROOTS
Mr. Harriers reported Director Monahan and President Perry have authored letters to
the City requesting a meeting to discuss the responsibility of tree roots. Director
Monahan suggested waiting until after the November 4, 2008 election to schedule a
meeting.
Discussion was held on the City Tree Roots program in the City of Huntington Beach.
REIMBURSEMENT FROM SDRMA & PURCHASE OF FIRE - DAMAGED EQUIPMENT
• Mr. Fauth presented a spreadsheet regarding the purchase of fire - damaged equipment
stored at JIMNI Systems. Mr. Fauth reported SDRMA has committed to reimburse the
District a total of $225,224.58. Mr. Fauth had obtained replacement costs from ITT
MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 6
Flygt for.-the Flygt equipment and prices from local suppliers for the non - Flygt
equipment and SDRMA -approved the entire amount of the request.
After discussion, Director Ferryman motioned to authorize the Manager and Assistant
Manager to purchase the replacement equipment while making the findings that ITT
Flygt is the sole source vendor for Flygt equipment as the exclusive supplier for Flygt
equipment in California and ITT Flygt committed to an 11 % discount and free freight by
letter dated September 4, 2008; and Staff followed the CMSD purchasing policy by
finding the lowest prices for non - Flygt equipment; all as shown in Mr._Fauth's
spreadsheet dated 9/3/08; and Staff will purchase the equipment and provide receipts
to SDRMA as required to secure 100% reimbursement. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
RECYCLING COMMITTEE — MONDAY, SEPTEMBER 15, 2008 - -12:00 P.M., CMSD
BOARDROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTORS OOTEN AND
FERRYMAN)
0 RECYCLING COMMITTEE GOALS FOR 2007/2008
Director Ooten reported no changes to the Recycling Committee Goals for 2007 -2008.
SCHOOL PROGRAMS FOR 2008 -2009 SCHOOL YEAR
Director Ooten reported a list of programs for the 2008 -2009 school year was prepared
by staff and will be followed by a flyer for distribution to the schools.
Mr. Hamers commented CMSD is committed to performing as many educational and
outreach programs as possible in the schools as lessons learned in school last a
lifetime.
President Perry suggested calling the Newport Mesa 'Unified School District to
investigate the procedures allowing Board and staff onto school campuses.
2008 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM
Ms. Revak reviewed the proposed changes to this year's program to increase
participation by the schools. Discussion on the minimum number of books collected by
a student ensued.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 7
Director Ooten motioned to amend letters sent to Costa Mesa Schools regarding the
2008 School Telephone Book Recycling Program to read that "this year's requirement
be one -half book per student for the minimum award." Director Ferryman seconded.
Motion carried 5 -0.
USED TIRE ROUNDUP EVENT — SATURDAY, OCTOBER 11, 2008
Director Ooten reported a flyer will be posted on the website regarding the Used Tire
Roundup Event to be held on Saturday, October 11, 2008. The Board recommended
finding additional help with hauling of the tires. Mr. Fauth is working on obtaining
assistance.
EMERGENCY SERVICES EXPO —SUNDAY, OCTOBER 12, 2008
Director Ooten discussed the Emergency Services Expo to be held-on Sunday, October
12, 2008.
DISPOSAL OF RESIDENTIAL GREASE IN CMSD TRASH COLLECTION
PROGRAM
Director Ooten reported Staff received a response from CR &R regarding fats, oils and
greases being put into the trash system. Staff is formulating a response to CR &R and
will be arranging a meeting to discuss the Issue.
ORANGE COUNTY WASTE & RECYCLING SUB - REGIONAL MEETINGS AND
GRANT PROGRAM
Composting Seminar Event to be hosted by the City of Costa Mesa and
CMSD
Director Ooten reported a Composting Seminar will be hosted by the City of Costa
Mesa and CMSD on Saturday, October 11, 2008.
Grant Applications for "Sharps" & Other Programs
Director Ooten reported CMSD was denied grant funds until July 2009. The grant did
not encompass anything more than "Sharps" and the District currently has a "Sharps"
program. Director Ooten reported grant funds could be applied for mid -year 2009 for the
"No Drugs Down the Drain" program.
Mr. Fauth gave a brief update regarding the OC Recycling Sub - Regional Meeting held
on September 18, 2008.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 8
• PARTNERSHIP WITH OCSD
Biosolids
Director Ooten reported Staff is working with OCSD on the biosolids use by the District.
No Drugs Down the Drain
The CMSD has already publicized the program and is awaiting the toolkit from OCSD.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
There were no reports on other CMSD Recycling Programs.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers reported Staff is working with Orange County Health Care Agency to
continue having them allow hydro - mechanical grease interceptors. Mr. Hamers
reported a seminar will be held November 20, 2008 on corrosion in force mains.
ALTERNATE DISTRICT ENGINEER'S REVIEW OF 2008 -2009 CAPITAL
IMPROVEMENT PROGRAM
Mr. Bruce Mattern gave a presentation of the 2008 -2009 Capital Improvement Program
including recommendations for streamlining the yearly approvals of identical programs.
Mr. Mattern found the program to be comprehensive and appropriate for the District.
Motion made by Director Schafer to approve Mr. Mattern's report and the 2008 -2009
Capital Improvement Program. Motion seconded by Ooten, and carried 5 -0.
PROJECT #171 — IRVINE PUMP STATION FORCE MAIN REHABILITATION —
PHASE I
Mr. Hamers reported on Project #171 Irvine Pump Station Force Main Rehabilitation —
Phase I. Mr. Hamers presented a report on the completion of the project.
Director Monahan motioned to accept improvements as constructed, file Notice of
Completion, exonerate labor and material bond 35 days after the notice of completion is
recorded and exonerate faithful performance bond one year after the notice of
completion is recorded. Seconded by Director Ooten.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 9
• Motion carried- as_follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
PROJECT $183 — SYSTEM -WIDE SEWER REPAIR — PROJECT A
Mr. Hamers reported on Project #183 — System Wide Sewer Repair — Project A at
Victoria and Harbor. Mr. Hamers presented a report on the completion of the project.
Director Monahan motioned to accept improvements as constructed, file Notice of
Completion, exonerate labor and material bond 35 days after the notice of completion is
recorded and exonerate faithful performance bond one year after the notice of
completion is recorded. Seconded by Director Ooten.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
• 2008 -2009 SEWER RATE SURVEY
Mr. Hamers presented a discussion regarding the 2008 -2009 Sewer Rate Survey. Ms.
Gonzalez reported Costa Mesa Sanitary District has the lowest rates for 2008 -2009 at
$5.29 monthly SFR charge.
TREASURER'S REPORTS
INVESTMENT OVERSIGHT COMMITTEE MEETING SEPTEMBER 18, 2008
(DIRECTORS PERRY AND MONAHAN)
Mr. Davis reported -on ..the Investment Oversight Committee Meeting. Mr. Davis
reported on the impact on CMSD's investments regarding the current national financial
situation and confirmed CMSD's bonds are okay.
ORDINANCE #71 — REVISING DISTRICT RESERVE REQUIREMENTS FOR
WORKING CAPITAL
Mr. Davis presented 'Ordinance #71 — Revising District Reserve Requirements for
Working Capital. The Ordinance will drop the reserve levels to 15 percent in the solid
waste fund and, 10 percent in the liquid waste fund which both are currently at 25
percent.
MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 10
• Director Ooten motioned for approval of Ordinance #71 — Revising District Reserve
Requirements for Working Capital. Director Ferryman seconded. Motion carried 5 -0.
PURCHASE OF DISTRICT VEHICLE FOR MAINTENANCE SUPERVISOR
Mr. Fauth presented a discussion regarding the purchase of a District vehicle for the
Maintenance supervisor from Connell Chevrolet for $31,000. Mr. Burns recommended
articulating the reasons why the purchase isn't going out to competitive bid.
Director Monahan suggested the purchase from a Costa Mesa car dealer would bring in
local tax revenue, provide goodwill to the community, better rapport with the dealer
where there is reciprocal volunteer -type opportunities, localized repair and servicing,
and there was price comparisons done and the District went with the best deal found.
Director Schafer motioned to approve the Budget Adjustment and Purchase of District
Vehicle for Maintenance Supervisor for the reasons previously stated. Seconded by
Monahan.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
ATTORNEY'S REPORT
CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE
AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION
Mr. Burns reported notifying SDRMA that the insurance company accepted the tender
of defense offer.
OCSD AGREEMENT FOR PEROXIDE AT MENDOZA PUMP STATION
Mr. Burns presented the OCSD Agreement for Peroxide at Mendoza Pump Station for
approval.
Director Ooten motioned for approval of the OCSD Agreement for Peroxide at Mendoza
Pump Station. Director Monahan seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 11
• RESOLUTION NO. 2008 -759 AUTHORIZING A GRANT APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
Mr. Burns presented Resolution No. 2008 -759, A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AUTHORIZING A GRANT
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD.
Director Schafer motioned to adopt CMSD Resolution No. 2008 -759. Director Ooten
seconded. Motion carried 5 -0.
SELECTED LAWS FOR PUBLIC OFFICERS
Mr. Burns presented a discussion for Selected Laws for Public Officers. Mr. Burns
reported for individuals who receive charitable contributions at their behest now have a
reporting obligation. Mr..Burns reported effective July 1, 2008, whenever the agency
receives gifts, an 801 Form is required to be posted on the internet and filed within 30
days regarding the intended recipient of the gifts.
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
• ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN)
Director Ferryman reported OCSD will be recovering $1 million in legal fees regarding
the Kern County lawsuit. Director Ferryman reported more emergency work will be
happening in the Santa Ana River for the SARI line costing $600,000 in which an effort
will be made to recover the money from FEMA.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR
PERRY
There was no meeting in August.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
(DIRECTOR SCHAFER)
ISDOC Quarterly Meeting and Executive Committee Election, Thursday,
October 30, 2008 — 11:30 a.m. — 1:00 p.m. at MWDOC /OCWD Joint Board
Room
Director Schafer presented the names of the nominated new officers. Director Schafer
will be attending the October 30, 2008 ISDOC quarterly meeting in which the executive
. committee election will occur. Other Directors were requested ,to advise Ms. Revak if
they plan to attend.
MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 12
• LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer attended a CALAFCO conference held in Universal City on September
3 -5, 2008. Director Schafer also attended a LAFCO public hearing on September 13,
2008, and presented an update.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR
SCHAFER
Director Schafer reported on the CSDA 391h Annual Conference & Exhibitor Showcase
being held on September 22 -25, 2008 in Irvine and gave a brief overview of the daily
activities to be held. Several Directors and Staff members will be in attendance.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
Director Schafer reported she attended the annual conference.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CIVISD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
Director Ooten reported he and Director Ferryman attended a MET meeting and will be
reporting on the meeting at the October Board meeting.
CHAMBER OF COMMERCE
Director Schafer presented an update on the District at the Chamber of Commerce
meeting.
OCCOG
Director Schafer did not attend the meeting.
WACO
Director Schafer did not attend the meeting.
OLD BUSINESS
Ms. Revak reported the 2008 Election is 47 days away.
NEW BUSINESS
The November Regular Board Meeting will remain scheduled for November 20 2008.
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MINUTES OF CMSD REGULAR MEETING HELD SEPTEMBER 18, 2008 PAGE 13
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director,, Monahan suggested pump stations being mentioned at the next Liaison
meeting to bring city staff up to speed on District projects. Director Monahan also
suggested an update to the realtors on the sewer lateral assistance program. Mr.
Harriers recommended Mr. Fauth attend their meeting and give a Power Point
presentation.
ADJOURNMENT
President Perry adjourned the meeting to a closed session at 7:58 p.m.
CLOSED SESSION
President Perry opened the closed session at 8:06 p.m.
No action was taken at the closed session.
President Perry adjourned the closed session at 8:42 p.m.
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