Minutes - Board - 2008-10-23A
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
OCTOBER 23, 2008
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
October 23, 2008, at 5:30 p.m. at 628 W. 19th
Street, Costa Mesa.
President Perry called the meeting to order at
5:30 p.m.
PLEDGE OF ALLEGIANCE Director Ferryman led the Pledge of Allegiance.
INVOCATION Mr. Fauth gave the invocation.
ROLL CALL
DIRECTORS PRESENT: Art Perry, Arlene Schafer, Bob Ooten 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; Teresa Gonzales, Accountant; Janel
Jackson, Office Specialist II; Kaitlin Tran,
Accounting Specialist I; Ron Shef, Ordinance
Enforcement Officer
OTHERS PRESENT: Mr. Dave Doyle, 2563 Oxford Lane, Costa Mesa
Mr. Nitin Patel, Diehl. Evans & Company, LLP
Mrs. Gina Fauth, 1079 Visalia Drive, Costa Mesa
CONSENT CALENDAR
Director Schafer motioned to approve the Consent Calendar. Director Ooten seconded.
Motion carried 4 -0.
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COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE OCTOBER 23, 2008 MEETING
REPORTS
MINUTE APPROVAL
Minutes of Sewer System The Minutes of the Sewer System Committee
Committee Meeting -- Meeting of September 10, 2008, were approved as
September 10, 2008 distributed.
Minutes of Recycling
Committee Meeting --
September 15, 2008
Minutes of Investment
Oversight Committee
Meeting -- September 18,
2008
Minutes of Regular
Meeting -- August 28,
2008
MANAGER'S REPORTS
REFUNDS
The Minutes of the Recycling Committee Meeting
of September 15, 2008, were approved as
distributed.
The Minutes of the Investment Oversight
Committee Meeting of September 18, 2008 were
approved as distributed.
The Minutes of the Regular Meeting of August 28,
2008, were approved as distributed.
There were no refunds for the month of October
2008.
Occupancy Report and The Trash Occupancy Count documented an
Payment of $196,557.28 increase of 2 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of October 1, 2008.
October 2008 Therefore, the total for October is 21,469.
Board directed Staff to prepare a warrant for
$196,557.28 for October 2008 collection based on
occupancy report. Said payment in the amount of
$196,557.28 to Costa Mesa Disposal to be ratified
on the October 2008 warrant register.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated October 2008 was
accepted as submitted.
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COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE OCTOBER 23, 2008 MEETING
TREASURER'S REPORTS
Financial Report as of The Financial Report as of September 30, 2008
September 30, 2008 was accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of September 30, 2008
September 30, 2008 was accepted as submitted.
Warrant 2009 -04 for Warrant Resolution #CMSD 2009 -04 was
September 2008 in the approved, authorizing the President and Secretary
amount of $963,529.49 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
$963,529.49.
Directors Expenses for the Director Compensation and Expense
Month of September 2008 Reimbursements for the Month of September 2008
were approved and ratified as follows:
President Perry: $1,105.00
Vice President Schafer: $1,326.00 + $85.22
Director Ooten: $1,326.00 + $41.40 + $297.08
Director Ferryman: $1,326.00
Director Monahan: $663.00
END OF CONSENT CALENDAR
WRITTEN COMMUNICATION
Ms. Revak reported a written communication was received from Carol Proctor regarding
Mr. Fauth's efforts in pursuing a "Humanitarian Service" that was offered by CR &R with
regard to a code enforcement problem at 890 Governor Street.
PUBLIC COMMENTS
Mr. Dave Doyle expressed his gratitude with the District regarding the Sewer Lateral
Assistance Program.
COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE OCTOBER 23, 2008 MEETING
• MANAGER'S REPORTS
DISTRICT YARD — 174 W. WILSON STREET — CMSD #187
UPDATE ON DESIGN PHASE
Mr. Hamers reported the construction plans are almost approved and will be going to
bid shortly.
GRANT OF STREET RIGHT -OF -WAY ON WILSON STREET
Mr. Hamers presented the Grant and Easement Deed and requested approval.
Director Ooten motioned for approval and execution of the Grant and Easement Deed.
Director Ferryman seconded. Motion carried 4 -0.
APPLICATION FOR WATER SERVICE
Mr. Hamers presented the application for new water service through Mesa Water which
will bring in fire sprinkler water, irrigation water for landscaping as well as domestic
water.
• Director Schafer motioned for approval and execution of the Application for New Water
Service. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman
Noes: None
CMSD STRATEGIC PLAN
YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS
Mr. Hamers reported Staff will be meeting later this month "to discuss the forthcoming
two and five -year strategic planning.
Director Monahan arrived at 6:02 p.m.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD OCTOBER 8, 2008
• Director Monahan reported the Sewer System Committee met on October 8, 2008 and
discussed several items including "big dippers ", a report on residential FOG, and a
review of hot spots.
COSTA MESA SANITARY DISTRICT PAGE 5
MINUTES OF THE OCTOBER 23. 2008 MEETING
Mr. Hamers gave an update on the Orange County Health Department's requirements
regarding the automatic grease removal devices.
TRANSFER OF SEWERS FROM OCSD TO CMSD
Agreement at Staff Level
Mr. Hamers reported a letter was issued to Orange County Sanitation District requesting
certain items be fixed at which time an agreement at Staff level will be made that the
sewers are physically okay to transfer.
Acceptance of Sewer Lines Without Easements
Mr. Hamers gave an update on the two properties on one sewer line. Mr. Burns had
several communications with the property owners.
New Sewer Charges
Mr. Hamers presented a sample letter to property owners who would be receiving new
sewer fees as a result of the transfer of sewers. Mr. Hamers suggested a three to five -
year phase -in program for the charges if protests arise.
President Perry suggested a review of the issue at the Sewer System Committee
Meeting after Mr. Burns' review. Mr. Hamers will revise the letter, send it to Mr. Burns
and present it at the Sewer System Committee Meeting.
PROJECT #186 SEWER LATERAL /ASSISTANCE PROGRAM
Director Monahan reported the Sewer Later Assistance Program is very successful and
new applications are received daily.
RECYCLING REPORTS
WASTE DIVERSION REPORT — SEPTEMBER 2008
Ms. Revak presented the Waste Diversion Report for September 2008 showing a
50.41 % diversion rate.
Director Ooten motioned the Waste Diversion Report be received and filed. Director
Schafer seconded. Motion carried 4 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPOSAL
• PAYMENT FOR SEPTEMBER 2008 SERVICES
Ms. Revak presented the invoices for September 2008 recycling services and disposal.
COSTA MESA SANITARY DISTRICT
MINUTES OF THE OCTOBER 23, 2008 MEETING
PAGE 6
• Director Ooten motioned to ratify contract payment to CR Transfer for, recycling
services and disposal for the month of September 2008 in the amount of $180,592.95.
Director Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman
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
September 2008 in the amount of $8,367.20. Director Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman
Noes: None
ORDINANCE ENFORCEMENT OFFICERS REPORT
Mr. Shef reported the 20 -hour work week schedule commenced per agreement with
CMSD Staff..
Mr. Shef reported CR &R has provided necessary gate codes for specified areas needed
to monitor gated residents in question for enforcement.
CITY OF COSTA MEWDISTRICTS LIAISON COMMITTEE MEETING SCHEDULED
FOR NOVEMBER 14, 2008 (DIRECTORS FERRYMAN AND MONAHAN ATTENDING)
Ms. Revak reported the City of Costa Mesa/Districts Liaison Committee Meeting is
scheduled for November 14, 2008. Directors Ferryman and Monahan will be attending.
RECYCLING COMMITTEE — MONDAY, OCTOBER 20, 2008 — 12:00 P.M., CMSD
BOARDROOM, 628 W.19TH STREET, COSTA MESA (DIRECTORS OOTEN AND
SCHAFER
RECYCLING COMMITTEE GOALS FOR 2007/2008
Director Ooten reported Staff held a meeting on Monday, October 20, 2008 and
suggested updates to the Recycling Committee Goals for 2007/2008.
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COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE OCTOBER 23, 2008 MEETING
• 2008 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM
Director Ooten reported on the 2008 School Telephone Book Recycling Program and
Ms. Revak reported 28 participants. Ms. Revak reported flyers and posters are being
distributed to the schools and CR &R will deliver bins prior to the November 12, 2008
commencement of the 2008 program. Ms. Revak noted the program will run until
December 19, 2008.
PLASTICS PRESENTATION TO GIRL SCOUTS — SEPTEMBER 25, 2008
Director Ooten reported on the Plastics Presentation to the Girl Scouts held on
September 25, 2008.
USED TIRE ROUNDUP EVENT — SATURDAY, OCTOBER 11, 2008
Director Ooten reported the Used Tire Roundup Event held on Saturday, October 11,
2008 was very successful with the collection of 103 tires.. There were 21 participants
EMERGENCY SERVICES EXPO —SUNDAY, OCTOBER 12, 2008
Director Ooten reported the Emergency Services Expo held on Sunday, October 12,
2008 was a success and recommended the District obtain an additional pop -up tent for
use in the distribution of information to the public at events such as this.
VERMICOMPOSTING EVENT AT DAVIS SCHOOL — OCTOBER 20, 2008
Mr. Fauth presented a vermicomposting bin which he will take to Davis School on
October 20, 2008.
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 on the Orange County Waste & Recycling Sub - Regional
Meetings and Grant Program. Director Ooten reported the Sanitary District has to
demonstrate the usage of the $20,000 grant that was given to the Costa Mesa Sanitary
District and the $20,000 grant given to the City.
Composting Event -- America Recycles Day — November 15, 2008
Director Ooten reported a Composting Event — America Recycles Day— will be held on
• November 15, 2008
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COSTA MESA SANITARY DISTRICT
MINUTES OF THE OCTOBER 23, 2008 MEETING
PARTNERSHIPS WITH OCSD
Biosolids
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Director Ooten reported Staff continues working with Orange County Sanitary District on
Biosolids.
No Drugs Down the Drain
Director Ooten reported Orange County Sanitary District is producing a new tool kit and
should be out early November for use on the "No Drugs Down the Drain" Program.
DISPOSAL OF RESIDENTIAL GREASE IN CMSD TRASH COLLECTION
PROGRAM
Meeting with CR &R on October 1, 2008
Director Ooten reported a meeting was held on October 1, 2008 with CR &R to discuss
disposal of residential fats, oils and grease being put in the trash. Director Ooten
suggested the need for further discussions on the issue amongst the participants.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
Director Ooten reported a vermicomposting demonstration is scheduled on November
14, 2008 for a Cub Scout Troop at St. Joachim School.
Mr. Fauth distributed a handout from the City of Costa Mesa website regarding the
February 17, 2009 deadline for non -cable television usage. Director Ooten reported
Staff is working with OCC and CR &R on what to expect with regard to disposal of
unused televisions once the deadline arrives.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers reported a seminar will be held on November 20, 2008 regarding corrosion
and force mains. Mr. Hamers reported the February Education Program will be
featuring Joe Sinacori and the design of the Irvine Pumping Station. The CMSD is in
compliance with the Waste Discharge Requirements.
PROJECT #129 BRISTOL STREET SEWER
Consultant Agreement for Traffic Engineering Design
Mr. Hamers presented a Consultant Agreement for Traffic Engineering Design and
• requested approval.
Director Monahan motioned for approval of the Consultant Agreement for Traffic
Engineering Design. Director Ooten seconded.
COSTA MESA SANITARY DISTRICT
MINUTES OF THE OCTOBER 23, 2008 MEETING
0 Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None.
TREASURER'S REPORTS
COMMUNICATION FORM INDEPENDENT AUDITOR
PAGE 9
Mr. Davis introduced Nitin Patel of Diehl Evans, who reported on the required
communications to be used during and after the audit process with regard to the new
Title 114 Audit Standard.
CAPITAL IMPROVEMENT PROJECTS CARRYOVER REQUEST — FISCAL YEAR
2008 -09
Mr. Davis recommended approval of the carryover of Capital Improvement Project
appropriations in the amount of $4,035,973 from fiscal year 2007 -08 to fiscal year 2008-
09.
Director Ooten motioned for approval of the Capital Improvement Projects Carryover
Request. Director Monahan seconded. Motion carried 5 -0.
President Perry inquired as to CMSD's investments with regard to the economy. Mr.
Davis reported on the impact of CMSD's investments regarding the five federal agency
securities and the one Fannie Mae and confirmed CMSD's bonds are okay and backed
implicitly by the federal government.
ATTORNEY'S REPORT
CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE
AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION
Mr. Burn has been in communication with attorneys regarding the Claim by Back Bay
Center.
Mr. Hamers reported the fix and getting approved plans do take time which is delaying
the County Road Improvement Project which is joint County and Newport Beach. Mr.
Hamers reported the annexation will not occur until the Road Project is complete.
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COSTA MESA SANITARY DISTRICT PAGE 10
MINUTES OF THE OCTOBER 23, 2008 MEETING
• ORDINANCE NO. 72 ESTABLISHING AGENDA DISTRIBUTION RULES
Mr. Burns presented Ordinance No. 72, AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING AGENDA
DISTRIBUTION RULES.
Director Ferryman motioned to approve Ordinance No. 72.Director Schafer seconded.
Motion carried 5 -0.
GIFTS REGULATIONS AND RELATED MATTERS
Mr. Burns reported the FPPC has issued new guidelines on the issue of gifts and
related subjects. Mr. Burns distributed a memo regarding gift regulations and related
matters from information received from a presentation at the League of California Cities.
FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM
Mr. Burns gave an update on the Five -Year Capital Improvement Program and
discussed the obligations under the CIP if so approved by the Board which included
many obstacles. Director Schafer suggested going with the four -year program.
• LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN)
Director Ferryman reported OCSD is contemplating selling the land in Kings County.
Director Ferryman reported the appraisal came in at $2.7 million.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR
PERRY
President Perry and Director Ferryman attended the September 25, 2008 SARFPA
meeting and reported the following:
• $14 million has been approved for'09 for the Santa Ana River Mainstream
Project
• A report was given by Nadeem Majaj on his trip to Washington DC on
Federal Funding issues. He and Supervisor Campbell met personally with
Congress members Sanchez and Rohrabacher.
• Reimbursement was approved to Don Martinson for $1,175 for the bronze
dedication plaque of Victor V. Veysey to be installed at Prado Dam.
• A Proposal by Sylvester & Kesten to provide an audit for the years ended
June 30, 2006 and 2007 for a cost not to exceed $1,700 was approved.
COSTA MESA SANITARY DISTRICT
MINUTES OF THE OCTOBER 23, 2008 MEETING
PAGE 11
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
(DIRECTOR SCHAFER)
Ms. Revak reported the ISDOC Quarterly Meeting and Executive Committee Election
will be held on Thursday, October 30, 2008, 11:30 a.m. at the MWDOC /OCWD Joint
Board Room. Directors Perry, Schafer, Ooten and Ferryman will attend.
Director Ferryman motioned to appoint President Perry as the designated voting
representative who shall exercise the right of the member to vote on behalf of the Costa
Mesa Sanitary District and Director Ooten as the alternate who shall have the right to
vote in the absence of the President Perry. Director Monahan seconded. Motion
carried 5 -0.
Ms. Revak will prepare the Minute Excerpt to be provided to the ISDOC Secretary.
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer attended the September 10, 2008 LAFCO meeting and reported the
following:
• Discussion held regarding scheduling upcoming meetings
• • LAFCO will begin the process of performing Municipal Service Reviews (MSRs)
A report from Bob Aldrich, Assistant Executive Officer of LAFCO on the Reconfirmation
of Spheres of Influence for Cities and Special Districts was presented. LAFCO is
required by Government Code to conduct comprehensive, regional studies of municipal
services every five years in conjunction with the review of city and special district
spheres of influence. Mr. Aldrich points out the law now requires that LAFCO begin
another round of municipal service reviews and sphere of influence updates for the next
five -year cycle (2008- 2012). However, because Orange LAFCO recently completed
MSRs and SOls for the majority of agencies under LAFCO's purview and the data used
to make those determinations remain current, Staff is proposing that LAFCO "reconfirm"
the MSRs and SOls for many cities and districts within Orange County. If approved by
the Commission, this will eliminate the need for conducting new MSRs and SOls for
many agencies and cities. The Costa Mesa Sanitary District is included in the request.
A formal request will be made at the Commission's November 12, 2008 hearing.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR
SCHAFER
Director Schafer attended the September 22, 2008 CSDA Annual Conference and
reported the following:
• The CSDA Annual Conference was a complete success
• Many workshops were held
• Director Schafer was elected President of the CSDA
COSTA MESA SANITARY DISTRICT
MINUTES OF THE OCTOBER 23. 2008 MEETING
PAGE 12
• Directors Ooten, Ferryman and Monahan attended portions of the conference as did
CMSD Staff persons including Mr. Hamers, Mr. Fauth, Ms. Revak, Ms. Kallab and Ms.
Jackson. Mr. Hamers gave a presentation on Fats, Oils and Grease.
Mr. Hamers suggested approval of the Letter of Appreciation to Mesa Consolidated
Water District for their co- sponsorship of the CSDA reception for incoming President
Arlene Schafer on September 24, 2008.
Director Schafer motioned for approval of the Letter of Appreciation. Director Monahan
seconded. Motion carried 5 -0.
CALIFORNIA /ASSOCIATION OF SANITATION /AGENCIES (CASA)
There was no business to report on CASA.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
Director Ooten attended the September 27 -29, 2008 Tri -State Seminar in Primm,
Nevada and reported the following:
• Sessions dealing with the history of sewers was presented
• • Sessions dealing with sewer cleaning techniques and force main cleaning
techniques using robotics
• Session regarding "Smart Covers." Director Ooten will bring a "Smart
Cover" to the next Sewer System Committee Meeting.
Mr. Hamers requested to view information Director Ooten received on the force main
cleaning techniques regarding sonar and laser to inspect the thickness of the wall pipe.
CHAMBER OF COMMERCE
Director Schafer attended the September 10, 2008 Chamber of Commerce meeting and
reported the following:
• Update on CMSD, LAFCO, and CSDA
• Discussed corporate yard, Green /Gold building and received positive feedback
OLD BUSINESS
There was no old business to report.
NEW BUSINESS
• There was no new business to report.
COSTA MESA SANITARY DISTRICT PAGE 13
MINUTES OF THE OCTOBER 23, 2008 MEETING
• ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Schafer suggested December 9, 2008 for the Board Christmas Party at Golden
Dragon. Ms. Revak will inquire as to pricing due to a misunderstanding with the
restaurant the previous year.
Mr. Hamers recommended that the Board attend a composting presentation hosted by
Mr. Fauth on Saturday, November 15, 2008.
Director Monahan inquired as to the District's review of the Banning Ranch proposal.
Director Monahan reported there is an overview plan. Mr. Hamers requested the
Banning Ranch development effect on City and Special Districts be brought up at the
Liaison Committee Meeting. Mr. Hamers requested a copy of the site plan be submitted
to Ms. Revak for the Liaison Committee Meeting.
Director Monahan inquired as to the accessibility of the reports to homeowners and
developers who may have an interest in looking at a sewer line once the CCTV is
complete and whether or not it will be accessible via the internet. Mr. Hamers
responded that the District is not there yet, but will definitely put it in the strategic plan
and investigate. Mr. Hamers reported that it will be part of discussion district -wide.
• 'ADJOURNMENT
President Perry adjourned the meeting 7:25 p.m.
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PRESIDENT