Minutes - Board - 2008-11-20•
•
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
NOVEMBER 20, 2008
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
November 20, 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 Schafer led the Pledge of
Allegiance.
INVOCATION Mr. Fauth gave the invocation.
ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, James
Ferryman, Gary Monahan
DIRECTORS ABSENT Bob Ooten (absence excused)
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 Gonzalez, Accountant;
Sherry Kallab, Management Analyst;
Debbie Bjornson, Permit Processing
Specialist; Janel Jackson, Office
Specialist; Ron Shef, Ordinance
Enforcement Officer; Karl Dulake,
Maintenance Supervisor
0
•
•
•
MINUTES OF THE COSTA MESA SANITARY DISTRICT
Meeting held November 20, 2008
CONSENT CALENDAR
Director Schafer motioned to approve the Consent Calendar
seconded. Motion carried 4 -0.
REPORTS
MINUTE APPROVAL
PAGE 2
Director Monahan
Minutes of Sewer System The Minutes of the Sewer System Committee
Committee Meeting — Meeting of October 8, 2008, were approved as
October 8, 2008 distributed.
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting -- of October 20, 2008, were approved as distributed.
October 20, 2008
Minutes of Regular The Minutes of the Regular Meeting of October 23,
Meeting -- October 23, 2008, were approved as distributed.
2008
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of November
2008.
Occupancy Report and The Trash Occupancy Count documented no
Payment of $196,557.28 increase for the occupancy report for solid waste
to Costa Mesa Disposal — collection as of November 1, 2008. Therefore, the
November 2008 total for November is 21,469.
Board directed Staff to prepare a warrant for
$196,557.28 for November 2008 collection based
on occupancy report. Said payment in the amount
of $196,557.28 to Costa Mesa Disposal to be
ratified on the November 2008 warrant register.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated November 2008
was accepted as submitted.
•
•
•
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 3
Meeting held November 20, 2008
TREASURER'S REPORTS
Financial Report as of The Financial Report as of October 31, 2008 was
October 31, 2008 accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of October 31, 2008
October 31, 2008 was accepted as submitted.
Warrant 2009 -05 for Warrant Resolution #CMSD 2009 -05 was
October 2008 in the approved, authorizing the President and Secretary
amount of $762,030.48 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
$762,030.48.
Directors' Expenses for Director Compensation and Expense
the Month of October Reimbursements for the Month of October 2008
2008 were approved and ratified as follows:
President Perry: $1,105.00
Vice President Schafer: $1,326.00 + $5.85
Director Ooten: $1,326.00 + $12.28
Director Ferryman: $884.00
Director Monahan: $442.00
END OF CONSENT CALENDAR
WRITTEN COMMUNICATION
There were no written communications.
PUBLIC COMMENTS
Mr. Dan Worthington presented a yard sign to be placed on residential property to deter
solicitors and requested the Board consider sponsoring the signs with Costa Mesa
Sanitary District grant money.
Mr. Dan Worthington expressed his dismay regarding the CMSD's American flag not
being illuminated at night. Mr. Fauth responded the timer was not adjusted to daylight
savings time and will be promptly corrected.
n
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 4
Meeting held November 20, 2008
MANAGER'S REPORTS
DISTRICT YARD — 174 W. WILSON STREET - CMSD #187
UPDATE ON DESIGN PHASE
Mr. Hamers reported a few minor corrections are to be made to the architectural and
engineering plans and all the permits will be available from the city. Mr. Hamers
reported the contractor bidding procedures are being discussed with Mr. Burns.
FEATURES OF LEED GOLD DISTRICT YARD
Mr. Hamers presented the features of the LEED "Gold" CMSD Yard requested by
Director Monahan.
YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS
PRE - STRATEGIC PLANNING SPECIAL MEETING HELD ON MONDAY,
NOVEMBER 17, 2008 AT 11:30 A.M.
Mr. Hamers reported Staff met on Monday, November 17, 2008 for purposes of
providing CMSD Directors the opportunity to select and discuss areas of concentration
for the 2009 -2010 Strategic Plan in an informal setting.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD NOVEMBER 12, 2008
Director Monahan reported the Sewer System Committee met on November 12, 2008
and discussed several items including a calcium deposits in sewer lines, an update from
NCPI and Leucadia Wastewater District, OCSD Peroxide Station at CMSD Mendoza
Pumping Station, SmartCovers and CMSD projects.
TRANSFER OF SEWERS FROM OCSD TO CMSD
OCSD's Request for 5 -Year Rehabilitation Period
Director Monahan requested consideration of the 5 -Year Rehabilitation Period. Mr.
Hamers reported Staff is okay with the 5 -Year Rehabilitation Period insofar as OCSD
would be responsible for the hot spots that are included in the transfer until such time as
they are remediated.
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 5
Meeting held November 20, 2008
• Acceptance of Sewer Lines without Easements
Mr. Hamers reported the sewer line thought not to have an easement does in fact have
an easement; however, with regard to the 5 -Year Rehabilitation Period with OCSD
being responsible for hot spots, Mr. Burns will work with OCSD's attorney and bring
those issues into the agreement.
New Sewer Charges
Director Monahan presented a final draft of the new sewer charges letter incorporating
the changes and /or revisions as requested by the Board. Director Monahan reported
the distribution of the letter will commence after the transfer.
PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
Director Monahan reported the very successful Sewer Later Assistance Program
expended $43,023.24 so far this fiscal year.
RECYCLING REPORTS
WASTE DIVERSION REPORT — SEPTEMBER 2008
Ms. Revak presented the Waste Diversion Report for October 2008 showing a 50.41 %
diversion rate.
Director Ferryman 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 OCTOBER 2008 SERVICES
Ms. Revak presented the invoices for October 2008 recycling services and disposal.
Director Schafer motioned to ratify contract payment to CR Transfer for recycling
services and disposal for the month of October 2008 in the amount of $175,938.57.
Director Monahan seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
• Noes: None
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 6
Meeting held November 20, 2008
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 October
2008 in the amount of $10,160.46. Director Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
ORDINANCE ENFORCEMENT OFFICERS REPORT
Mr. Shef reported collection trucks continue to be monitored for performance evaluation
and compliance. Mr. Shef reported noticing more containers labeled with CR &R logo
have been placed into service. Mr. Shef also reported fliers and posters for the
Telephone Book Recycling Program were delivered to the District schools in order to
begin the program as scheduled.
CITY OF COSTA MESA/DISTRICTS LIAISON COMMITTEE MEETING SCHEDULED
FOR NOVEMBER 14, 2008 (DIRECTORS FERRYMAN AND MONAHAN)
Ms. Revak reported Directors Ferryman and Monahan attended the City of Costa
Mesa/Districts Liaison Committee Meeting on November 14, 2008. Mr. Flamers
reported the City is considering a program whereby if a City tree is causing a problem
to a resident's lateral, the City would either remove the tree, or if the resident wants to
keep the tree, the City would give them a one -time $1,000, and the resident would then
have to sign a release releasing the city from any liability in the future.
Mr. Burns distributed a paper describing why the District has control over sewer
laterals and the City does not.
Ms. Revak reported the minutes of the City of Costa Mesa/Districts Liaison Committee
Meeting have been prepared and sent to Mesa and the City to be reviewed before the
Board approves them.
DISASTER PLAN
Mr. Fauth reported on the Southern California "Shake out" that took place on
November 13, 2008 in which a 7.8 earthquake drill was exercised state -wide. Mr.
Fauth reported on the scenarios that would take place in an emergency situation.
•
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 7
Meeting held November 20, 2008
RECYCLING COMMITTEE — MONDAY NOVEMBER 17 2008 —10:30 A.M. CMSD
BOARD ROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTORS OOTEN AND
MONAHAN
RECYCLING COMMITTEE GOALS FOR 2007/2008
Ms. Revak reported Director Schafer attended the November 17, 2008 Recycling
Committee Meeting wherein the Recycling Committee goals were reviewed. Director
Schafer suggested contacting Lee Pearl at Mesa Consolidated Water District (MCWD)
with regard to providing an insert in their monthly water bill promoting CMSD's
programs.
Ms. Revak reported Mr. Pearl would like to participate in a tour of the Orange County
Sanitation District, the County landfill and CR &R. The invitation will be extended to all
MCWD committee members.
2008 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM
Ms. Revak reported fliers for the Telephone Book Recycling Program were distributed.
Ms. Revak also informed the Board Page School will not be participating in the
Telephone Book Recycling Program due to construction occurring at their facility.
ORANGE COUNTY WASTE & RECYCLING SUB - REGIONAL MEETINGS AND
GRANT PROGRAM
Ms. Revak reported that Ms. Gonzalez is maintaining the expenses on the grant the
District obtained from the Orange County Waste & Recycling Program, and the total
expenditures as of October 17, 2008 were approximately $6,000.
St. Joachim Vermicomposting Presentation — November 14, 2008
Ms. Revak reported Mr. Fauth made a vermicomposting presentation to a group of Cub
Scouts at St. Joachim School, in which Ms. Jackson and Ms. Bjornson participated.
Composting Seminar Event hosted by the City of Costa Mesa and CMSD on
America Recycles Day — November 15, 2008
Ms. Revak reported the District and the City hosted a free composting workshop at the
Community Garden using funds from the Orange County Waste & Recycling Grant
Program. - Mr. Fauth gave a presentation and many staff members were present. The
District has purchased a new canopy that was used at the event. Ms. Revak reported
seven composting bins were sold to Costa Mesa residents.
•
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 8
Meeting held November 20, 2008
0 PARTNERSHIPS WITH OCSD
Biosolids
Ms. Revak reported there were no updates on biosolids.
No Drugs Down the Drain
Ms. Revak reported the Orange County Sanitation District will be providing a tool kit in
the No Drugs Down the Drain campaign. Staff considered applying for grant funds for
use in the program; however, grants are not available for the No Drugs Down the Drain
program.
DISPOSAL OF RESIDENTIAL GREASE IN CMSD TRASH COLLECTION
PROGRAM
Ms. Revak reported a discussion was held on residential grease in Costa Mesa Sanitary
District's Trash Collection program. Different options discussed were placing the
grease out for collection during large item collection program, collection in the regular
trash after using an absorbent, a separate pick -up, county HHW Facility or the OCC
• Recycling Center. Ms. Jackson visited the HHW site in Huntington Beach to observe
the process and gave a report on her visit.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
Ms. Revak reported Mr. Fauth attended the Recycling Coordinators Meeting held by
Orange County Waste & Recycling on November 20, 2008 in which the following issues
were discussed:
• The guest speaker was Bill Anderson from Curbside and he discussed
Curbside's program regarding disposal of non - prescription drugs
• Mr. Fauth reported on the 2007 -08 surcharge grant that was discussed at the
meeting
• Discussions involving inviting Maria Takatoni of the California Integrated Waste
Management Board to the next meeting scheduled for December 8, 2008 which
could be set up via conference call.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers reported hosting a WDR education seminar held on November 20, 2008 to
discuss methods to inspect and determine the life expectancy of force mains. Director
Perry inquired as to the actual life expectancy timeframes of force mains. Mr. Hamers
responded the figure is dependent on the particular characteristics of each force main
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 9
Meeting held November 20, 2008
such as the type of soil, resistivity of the soil, the depth of the force main, pipe materials,
coatings and the level of the water table.
Mr. Harriers reported it is part of the CMSD Capital Improvement Program and Sewer
System Management Plan to determine when the force mains should be replaced in a
planned replacement manner rather than waiting for failure and then replacing them.
Mr. Harriers stated many CMSD force mains have already been replaced.
TREASURER'S REPORTS
CALPERS - EFFECT OF DECLINING INVESTMENTS ON AGENCY
CONTRIBUTION RATE
Mr. Davis reported the CalPERS Investment Portfolio had declined approximately 20
percent in value since July 2008. Mr. Davis reported the impact of this downturn will be
included in the actuarial determination that is made for the 2008 -09 fiscal year and
which will impact the District's 2011 -12 fiscal year employer contribution rates.
Director Perry suggested projecting out the figures for the Board to discuss during the
Strategic Planning meeting. Mr. Harriers reported the issue is on the Strategic Plan
agenda. Mr. Davis reported Staff will continue to monitor the CalPERS financial
condition and report to the Board as needed.
INVESTMENT OVERSIGHT COMMITTEE MEETING — THURSDAY, NOVEMBER
20,2008
Mr. Davis reported the Investment Oversight Committee Meeting was held on
November 20, 2008 and gave a report on the review, of the Treasurer's Report as of
October 31, 2008 and also on the CalTRUST Investment pool.
CMSD RESOLUTION NO. 2008-760 — AUTHORIZING INVESTMENT IN
CALTRUST
Mr. Davis informed the Board that CalTRUST is a Joint Powers Authoriaty created by
the California Government Code by local public agencies to provide a method for local
public agencies to pool their assets for investment purposes. Mr. Davis reported Staff
recommends the District join as a participant only.
Mr. Davis introduced RESOLUTION NO. 2008 -760, A RESOLUTION OF THE COSTA
MESA SANITARY DISTRICT AUTHORIZING INVESTMENT OF MONIES IN THE
INVESTMENT TRUST OF CALIFORNIA.
0
MINUTES OF THE COSTA MESA SANITARY DISTRICT
Meeting held November 20, 2008
PAGE 10
• Director Monahan motioned to adopt Resolution No. 2008 -760. Director Schafer
seconded. Motion carried 4 -0.
2008 -2009 FIRST QUARTER BUDGET REVIEW
Mr. Davis reported on the status of the 2008 -09 1St quarter budget. Mr. Davis reported
the Trash Fund as having a budgetary savings of approximately $230,000, and the
Sewer Fund as having a budgetary savings of approximately $322,000.
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 gave an update on the claim by Back Bay Center, Ltd., and requested a closed
session at the December Board meeting to have a more in -depth discussion regarding
the issue.
• LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN)
Director Ferryman reported on OCSD and discussed possible infrastructure funding.
Director Ferryman informed the Board OCSD will be attempting to obtain funds in
Washington, D.C.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR
PERRY
MEETING HELD NOVEMBER 13, 2008
Directors Perry and Ferryman attended the November 13, 2008 SARFPA meeting and
reported the following:
• Operational status of Santa Ana River Project, Prado Dam and Seven
Oaks Dam
• Status of Federal Funding for next year, State Subvention Funding for
next year
• • Status of Flood Insurance Reform (HR3121)
MINUTES OF THE COSTA MESA SANITARY DISTRICT
Meeting held November 20, 2008
PAGE 11
• 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 attended the ISDOC Quarterly meeting on Thursday, October 30, 2008
and reported on the annual conference for CSDA including the election of officers.
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
There was no meeting in October 2008. Director Schafer reported the next LAFCO
meeting has been changed from December 10th to December 17th, 2008.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR
SCHAFER
Director Schafer flew to Sacramento on October 2, 2008 to meet with the Executive
Officer, and also attended an annual strategic conference and executive board meeting
on October 3, 2008
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
There was no report on CASA.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
CHAMBER OF COMMERCE
Director Schafer attended the October 15, 2008 Chamber of Commerce meeting; the
Chamber hosted a candidates forum. Director Schafer attended the October 16, 2008
Chamber of Commerce breakfast with the fire chief as guest speaker.
OCCOG
Director Schafer did not attend the meeting.
WACO
• The October meeting was canceled.
MINUTES OF THE COSTA MESA SANITARY DISTRICT PAGE 12
Meeting held November 20, 2008
• OLD BUSINESS
Ms. Revak reported as of the Board meeting there is a 215 vote differential between
President Perry and Dan Worthington. The Registrar of Voters will certify the election
on December 1, 2008. Ms. Revak will administer the oath of office on December 5,
2008 at 12:00 p.m. at Costa Mesa Sanitary District headquarters.
NEW BUSINESS
Ms. Revak confirmed the Christmas party will be on Tuesday, December 9, 2008, 6:00
p.m. at the Golden Dragon Restaurant.
Ms. Revak presented a request for Board approval for all CMSD Staff to take eight
hours vacation and close the office on Friday, December 26, 2008.
Director Monahan motioned to approve the District Staff's request to take eight hours
vacation and close the office on Friday, December 26, 2008. Director Schafer
seconded. Motion carried 4 -0.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
The December Regular Board Meeting is re- scheduled for Friday, December 19, 2008
commencing at noon at the CMSD Headquarters. Ms. Revak will contact Director
Ooten and send a confirmation e-mail to Board and Staff.
ADJOURNMENT
President Perry adjourned the Regular Board meeting at 7:10 p.m.
The Board moved into Closed Session at 7:20 p.m. to discuss the issue of providing
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) (Refer to CMSD HR Meeting minutes dated
November 5, 2008)
President Perry adjourned the Closed Session at 7:37p.m. No action was taken at the
Closed Session.
President Perry adjourned the meeting at 7:38 p.m.
• SEC' REARY - - --