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Agenda Packets - Board - 2006-02-08• o r -Costa Mesa. Samtarr District ... an Independent Special District 'y AGENDA Jim Ferryman President Greg Woodside Vice President Arlene Schafer Director Art Perry Secretary Dan Worthington Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should idea themselves to the Clerk before the meeting so that their input can be provided at the time the item is conside Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may discuss or take action on non- agenda items except under special circumstances. Speakers must limit their remc to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare speaker out of order. In compliance with ADA, contact Joan Revak, (949)645 -8400, 48 hours prior to meeting if assistance is needed CFR 35.102.35.104 ADA Title II). Regular Meeting - Wednesday, February 8, 2006 CALL TO ORDER — 6:00 p.m. — 628 W. 19th Street, Costa Mesa PLEDGE OF ALLEGIANCE — Director Schafer RECOMMENDED ACTION III. INVOCATION — Director Woodside IV. ROLL CALL &� CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports Minute Approval 1. Recycling Committee Meeting — January 9, 2006 2. Regular Meeting — January 12, 2006 3.. City /Districts Liaison Committee Meeting — January 27, 2006 Manager's Reports 4. Refunds No Refunds Protecting our community's health by providing solid waste and sewer coffection services. crosdcaAov Costs Mesa SanjtfirYq District AGENDA 1.4-1/5. Occupancy Report and payment to Costa Mesa Disposal - January 2006 W6. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) • VI. VII. VIII. c: 7. Minutes of Office Staff Meeting Re Human Resources & Operations Engineer's Reports 8. Project Status Report Treasurer's Reports 9. Financial Reports as of January 31, 2006 10 Treasurer's Reports as of January 31, 2006 11. Warrant Register for the month of January 2006 in the amount of $611,866.07 12. Directors' Compensation and Reimbursement of Expenses for the Month of January 2006 END OF CONSENT CALENDAR WRITTEN COMMUNICATIONS PUBLIC COMMENTS MANAGER'S REPORTS A. Field Maintenance Services B. CMSD Strategic Plan .February 8, 2006 .Page 2 RECOMMENDED ACTION Approve Receive & File Receive & File Receive & File Continue Continue Ratify Payments Approve Compensation & Ratify Expenses Implementation Update }1. Year 2005/2006 Strategic Planning Action Items U Receive & File r ,s � "" 2. N w District Headquarters �Fi 1n i f C:E yr ; r fixl -ilTS� a. Building and Grounds Ad Hoc Committee i. Update on Improvements Accept Report 1780 Whittier Purchase Update d S`i` i4FJ Status Report & Request for V Additional Authority 3. Response from CR &R on Trash Collection Rates C. Recycling Reports Discussion & Consider Special Meeting 1. Waste Diversion Report - January 2006 Receive & File Protecting our community's keaftk by providing solid waste and sewer coffection services. www.cnudcagov Costa Mesa Sanitaq District. February 8, 2006 AGENDA Wage 3 • RECOMMENDED ACTION D. Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for January 2006 Services Ratify Subject to Verification of Diversion Report by Staff 3 GG ryC Standardized Trash Container Program Reports T "v.)S eW-'i6- rl)o Consider F. City /Districts Liaison Committee Meeting — January 27, 2006 Accept Report (Directors Ferryman and Woodside) G. Joint Meeting with Midway City Sanitary District (MCSD) at Accept Report CMSD Headquarters — February 9, 2006, 6:00 p.m. H. Recycling Committee — Friday, February 10, 2006 — 7:30 a.m., CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Woodside and Schafer) 1. Recycling Committee Goals for 2005/2006 Update on Activities 2. 2005 School Telephone Book Recycling Program Accept Report on Presentation Schedule 3. Christmas Tree Collection Accept Report 4. Universal Waste — Requirements Effective February 9, 2006 Accept Report 5. Tour of CR &R and Landfill l— February 21, 2006 Accept Report IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) 1. General Update Accept Report X. TREASURER'S REPORTS A. Westbluff Pumping Station Additional Appropriation Approve XI1 ATTORNEY'S REPORTS A. Costa Mesa Disposal and CR Transfer Consolidated Agreement Update B. Resolution No. 2006 -720 Ordering that Publication of Ordinance Adopt Resolution No. 55 Has Occurred C. National Plant Services Agreement for Sewer Line Cleaning Update on Agreement D. Jimni Systems Inc. Agreement for Pumping Station Maintenance Update on Agreement Protecting our community's health by providing solid waste and sewer collection services. www.crosdcagov Costa. -es a Sanrta -rv� District AGENDA February 8, 2006 .page 4 ® RECOMMENDED ACTION E. Environmental Engineering & Contracting (EEC) Agreement Execute Agreement F. C &R Drains Agreement Execute Agreement XII. LOCAL MEETINGS (Includes Reports by all Directors Representing the District) A. Orange County Sanitation District (OCSD) — January 25, 2006 , 445/t = *p 7 Accept Report (President Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA)— January 26, 2006 Accept Report (Director Perry) 'D L� ,•v f f� - V `70M . C. Independent Special Districts of Orange County (ISDOC) Accept Report (Director Schafer) 6RF_bvMa7 — 0Gnuo-rou — R D. ✓ Local Agency Formation Commission (LAFCO) Accept Report (Director Schafer) E. California Special Districts Association (CSDA) Accept Report (Director Schafer) YA F. California Association of Sanitation Agencies (CASA) 1. Mid -Year Conference —January 18 -21, 2006 at Indian Wells Accept Report (Directors Schafer and Worthington) G. Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD XII1. OLD BUSINESS XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT • Protecting our community's Health d y providing solid waste and sewer coClection services. www.crosdcapov r� �J COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 12, 2006 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 12, 2006, at 6:00 p.m. at 628 W. 19th Street, Costa Mesa. President Ferryman called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Director Worthington led the Pledge of Allegiance. INVOCATION Director Ferryman gave the invocation. ROLL CALL DIRECTORS PRESENT: James Ferryman, Greg Woodside, Art Perry, Arlene Schafer, Dan Worthington 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; Wendy Davis, Treasurer; Sherry Kallab, Accountant; Denise Gilbert, Permit Processing Specialist; Debbie Bjornson, Permit Processing Specialist; Karl Dulake, Maintenance Supervisor; Ron Shef, Ordinance Enforcement Officer OTHERS PRESENT: Gina Kevillian, 2414 Niagara Way, Costa Mesa Donald E. Gregg, Agent, Curtis & Associates, 3187 -F Airway Avenue, Costa Mesa, CA COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 12, 2006 PAGE 2 . ............................... CONSENT CALENDAR . ............................... Director Schafer motioned to approve the Consent Calendar as presented. Director Worthington seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling The Minutes of the Recycling Committee Meeting of Committee Meeting — December 5, 2005, were approved as distributed. December 5, 2005 Minutes of Investment The Minutes of the Investment Oversight Committee Oversight Committee of December 8, 2005, were approved as distributed. Meeting — December 8, 2005 Minutes of Regular The Minutes of the Regular Meeting of December 5, Committee Meeting — 2005, were approved as distributed. December 8, 2005 MANAGER'S REPORTS Refunds There were no refunds for the month of December 2005. Occupancy Report and The Trash Occupancy Count documented an Payment of $194,890.99 increase of 11 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of January 1, 2006. Therefore, January 2006 the total for January is 21,287. Board directed Staff to prepare a warrant for $194,890.99 to Costa Mesa Disposal on February 1, 2006, for January 2006 collection count of 21,287. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for December 2005 Control Board (RWQCB) was accepted as submitted. • COSTA MESA SANITARY DISTRICT t MINUTES OF BOARD OF DIRECTORS REGULAR MEETING —g - JANUARY 12, 2006 PAGE 3 ENGINEER'S REPORTS TREASURER'S REPORTS Financial Report as of The Financial Report as of November 30, 2005 was November 30, 2005 accepted as submitted. Financial Report as of The Financial Report as of December 31, 2005 was December 31, 2005 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of November 30, 2005 November 30, 2005 was accepted as submitted. Treasurer's Report as of The Treasurer's Report as of December 31, 2005 December 31, 2005 was accepted as submitted. Warrant 2006 -7 for Warrant Resolution #CMSD 2006 -7 was approved, December 2005 in the authorizing the President and Secretary to sign the amount of $520,490.12 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $520,490.12. Directors Expenses for the Director Compensation and Expense Reimbursement Month of December 2005 for the Month of December 2005 were approved and ratified as follows: Director Ferryman: $170.00 Director Perry: $170.00 Director Schafer: $680.00 + $14.55 Director Woodside: $340.00 Director Worthington: $340.00 .......................... END OF CONSENT CALENDAR .......................... Mr. Fauth advised the Board of the need to discuss a non - agenda item - Property at 1780 Whittier Street, Costa Mesa. Mr. Fauth stated that the need to take action arose after the agenda was prepared in that it had just been brought to Staff's attention that this property had recently been placed in probate or otherwise became available due to the death of.the owner and there was a need 40 to take action to give authority to try to acquire the property due to its uniqueness and suitability for the District's needs and because of the general unavailability of such property for a District yard. COSTA MESA SANITARY DISTRICT u" MINUTES OF BOARD OF DIRECTORS REGULAR MEETING -� JANUARY 12, 2006 PAGE 4 Director Schafer moved the non - agenda item because the need arose after the agenda was prepared and there was a need to take immediate action. Director Perry seconded the motion. Motion carried 5 -0. Mr. Fauth reported Staff was previously directed to acquire a yard in Costa Mesa so that CMSD can promptly respond to maintenance activities and emergencies. Presently, equipment is located off -site in Irvine and the Contractor maintains operational control of CMSD assets including the portable pumps and generators. Staff is in a quest to acquire a yard from a lease capacity and an acquisition capacity. District was unsuccessful in acquiring Charle Street facility. Since that time, other properties have been evaluated, however, they were out of line in cost and location and were eliminated from further discussion. A property of interest is located at 1780 Whittier. The Owner of the facility passed away and property is in a probate process. Through Broker Don Gregg, Staff learned this afternoon the heirs to the property desire to sell it and Staff had a private showing of the facility this afternoon. The facility is a 12,000 sf lot with approximately 4,000 sf of building space including two separate buildings. Mr. Fauth provided photographs of the site. Facility would meet the District's needs for a maintenance facility and has adequate space for District vehicles. The buildings are presently occupied with tenants on a month -to -month lease. The price for the facility is in the million dollar range. 40 Mr. Hamers presented an update on the District's sewer maintenance program explaining the word is out that CMSD is no longer aff iliated with the City and he is being questioned by other agencies, namely the Orange County Health Care Agency and the City of Newport Beach, on the District's ability to respond to sewer emergencies. Decisions were made to terminate the agreement with the City. of Costa Mesa to better pump station maintenance and sewer line cleaning, however, the District is in the process of rebuilding emergency response to a level that is acceptable to CMSD. The District has a sterling reputation and continues to do an outstanding job with the new Maintenance Supervisor, Jimni Systems and National Plant Services. Purchasing a property will enable the District to expedite the process of bringing emergency response to District's standards. Mr. Gregg reported on recent sales of other similar properties in the area and suggested an offer of no less than $950,000 and to expect a counter from the owners. Discussion ensued on the option of paying cash or financing the purchase, noting that an all cash purchase is the most attractive offer and financing requires a longer time period to close the transaction. • Ms. Davis will make inquiries into available financing through CSDA and other options. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 12, 2006 PAGE 5 • Director Woodside motioned to put forth an offer of $950,000 all cash, subject to Phase I soils report, physical inspection, clear title, with property delivered vacant on or before 60 days with $20,000 earnest money deposit. Motion seconded by Director Schafer. Motion carried 5 -0. WRITTEN COMMUNICATIONS There were no written communications. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS FIELD MAINTENANCE SERVICES Mr. Hamers reported the District is doing a substantially better job on pump station maintenance and sewer line cleaning. The District has actually started the televising under the OCSD Cooperative Projects Grant in combination with sewer cleaning. Everything is going well and Staff is extremely pleased with Jimni Systems. President Ferryman inquired about private plumber being lined up as an emergency responder. Mr. Fauth reported receiving a proposal from C &R Drains and Staff is in the process of familiarizing them with CMSD facilities and pump stations which should take about 30 days. Staff called all plumbing businesses in the area to inquire who is capable of performing this service. CMSD STRATEGIC PLAN YEAR 2005 STRATEGIC PLANNING ACTION ITEMS An updated Year 2005 Strategic Planning Action Items list was presented. Staff recommended re- adopting 2005 Strategic Planning Action Items as 2005 -2006. Director Perry motioned to re -adopt Year 2005 Strategic Planning Action Items as 2005 -2006. Director Schafer seconded. Motion carried 5 -0. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAk MEETING a' JANUARY 12,2006 PAGE 6 NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE UPDATE ON IMPROVEMENTS Mr. Hamers reported spending time at the building and found security not to be adequate because of the people around the building, skateboarders, public eating lunch in front yard, throwing wrappers on ground. Mr. Hamers proposed improving building security by going forth with the landscaping improvements which includes the wrought iron fencing, taking out the sidewalk, removing the cut - through and to improve the parking situation by posting more signs to discourage DMV and Goodwill Industries customers from using CMSD parking lot. These improvements are already budgeted. RESPONSE FROM CR &R ON TRASH COLLECTION RATES District Staff met with David Ronnenberg and Dean Ruffridge of CR &R on January 10, 2006 and they agreed to provide a response to the District on trash collection .rates by January 24, 2006 RECYCLING REPORTS WASTE DIVERSION REPORT - NOVEMBER 2005 Ms. Revak presented the Waste Diversion Reports for- December 2005 showing a 50.78% diversion rate. Director Woodside motioned to receive and file the report. Director Perry seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR NOVEMBER 2005 SERVICES Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of December 2005 in the amount of $181,834.74. Director Perry seconded. Motion carried 5 -0. • • n LJ • C] A COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING .- °l JANUARY 12, 2006 PAGE 7 STANDARDIZED TRASH CONTAINER PROGRAM REPORTS Mr. Fauth presented a report on Standardized Containers and the cost to the District for providing additional containers to residents as requested by the Board of Directors. Mr. Fauth provided a graphic breakdown on distribution of containers as well as a copy of Chapter 10.01 of the Operations Code on Trash Regulations outlining CMSD charges for additional containers. Ar F661H recommended a 30% increase in cost of containers charged to residents in order to cover the containers provided at no charge. %o s BAVII & re1cc- Int . Mr. Burns suggested the District "get out of the trash can business" by negotiating with CR &R to have them assume ownership of the containers. Mr. Harriers recommended examining trash rates before negotiating with CR &R. Staff directed to come back to the Board with a recommendation to propose to CR &R. Director Perry motioned to increase by 15% the cost of additional containers to residents to cover normal administrative costs. Director Schafer seconded. Motion carried 5 -0. Mr. Shef presented the Ordinance Enforcement Summary Report for the month of December 2006. Two holidays occurred during the month causing trash collection to be late one day all week and the distribution of flyers was suspended during this time. JOINT MEETING WITH MIDWAY CITY SANITARY DISTRICT (MCSD) AT CMSD. HEADQUARTERS Ms. Revak reported Midway City Sanitary District agreed to the date of Thursday, February 9, 2006 at 6:00 p.m. for a joint meeting with CMSD. As this is the date of the CMSD regular meeting, Staff suggested two options: Convene the regular meeting agenda at 4:00 p.m. on February 9, 2006 with MCSD joining at 6:00 p.m. for a special meeting agenda; or, hold the meeting with MCSD at 6:00 p.m. on February 9, 2006 and move the regular CMSD Board of Directors meeting to another date. After discussion, the Board agreed to hold the regular CMSD meeting on Wednesday, February 8, 2006 at 6:00 p.m. Ms. Revak will contact MCSD to ascertain how many will be attending the joint meeting. Staff will serve refreshments. COSTA MESA SANITARY DISTRICT ^' u` MINUTES OF BOARD OF DIRECTORS REGULAR MEETING -- JANUARY 12, 2006 - PAGE 8 • RECYCLING COMMITTEE - MONDAY, JANUARY 9, 2006 - 12:00 P.M., CMSD _BOARDROOM, 628 W. 19TH STREET, COSTA MESA, DIRECTORS WOODSIDE AND FERRYMAN RECYCLING COMMITTEE GOALS FOR 2005/2006 Director Woodside provided a brief update on current programs. Staff is awaiting verification from the Boys and Girls Club that they have completed the recycling project and the District will then present the $100 check. 2005 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Director Woodside reported the Telephone Book Recycling Program concluded another successful year on December 23, 2005 with a total of 12,747 books (25.49 tons) collected. This compares with 11,092 books (22.18 tons) collected in the 2004 program. St. John the Baptist won in the elementary school category. Costa Mesa High School, 7th and 8th grades, came out on top in the middle school contest and Estancia High School won the competition between the high schools. Awards totaling $10,673.00 will be distributed to the schools and Ms. Revak will schedule the presentation dates. Also noted, the grand prize for the three winning schools was increased from $250 per school to $400 per school based on Board of Directors comments at the November 16, 2005 Regular meeting. The additional monies came from unused participation dollars from St. Joachim and Vineyard Schools. Also provided were several charts including a history of the school program through 2005. Director Woodside motioned to approve the awards to the schools as outlined in the report. Director Perry seconded. Motion carried 5 -0. UNIVERSAL WASTE - REQUIREMENTS EFFECTIVE FEBRUARY 9, 2006 Staff is awaiting a response from CR Transfer addressing the Federal Universal Waste recycling requirements that become effective February 9, 2006 and requesting information on how CR &R plans to comply. CRT will provide the response by January 24, 2006 as agreed to at the January 10, 2006 meeting with District Staff. • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r ~. ' JANUARY 12, 2006 PAGE 9 CITY OF COSTA MESA FRANCHISE REVENUE Through e -mail to District Staff, Ms. Donna Theriault, City of Costa Mesa Management Analyst, reported the City of Costa Mesa received approximately $800,000 in franchise fees from 15 waste haulers in calendar year 2005. CITY OF HUNTINGTON BEACH AND FOUNTAIN VALLEY TO GO TO 3 -BIN FULLY AUTOMATED SERVICE Staff provided newspaper articles reporting that Rainbow to a 3 -Bin fully- automated :program if approved by the Huntington Beach. Rainbow will spend $20 million on th e City of Fountain Valley also serviced by Rainbow would trash collection system. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS - (WDR) GENERAL UPDATE Disposal will go City Council of program. The go to the same Mr. Harriers provided a brief update on the Steering Committee, the General Committee, and the State WDR. The proposed State WDR is out for public comments. PROJECT NO. 174 - GREASE CONTROL PROGRAM DEVELOPMENT Mr. Harriers presented the final report prepared by the Consultant, EEC for the second phase of the District's sewer system grease control program as required under the Regional Water Quality Control Board's Waste Discharge Requirements (WDR). Mr. Harriers pointed out that because grease is the number one cause of sewer system backups and overflows, the Regional Board requires a comprehensive grease control program and noted that the soon to be adopted State -wide WDR also includes the requirement for a comprehensive grease control program. Director Perry motioned to accept the final report. Director Schafer seconded. Motion carried 5 -0. PROJECT NO. 176 - GREASE CONTROL PROGRAM PHASE III ® Mr. Harriers recommended the Board of Directors consider beginning the Phase III grease control program as included in the 2005 -2006 Capital Improvement Program. The following actions were. recommended: COSTA MESA SANITARY DISTRICT A MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r JANUARY 12, 2006 PAGE 10 1. Approve a professional services agreement with EEC to perform Phase III services as outlined in the attached proposal, not to exceed $150,000. Director Perry motioned to approve the EEC Proposal in the form of a professional services agreement to be signed by EEC and the Board. Director Schafer seconded. Motion carried 5 -0. 2. Consider the firm of Robin B. Hamers & Associates, Inc., to provide engineering overview and management as shown in the attached proposal, not to exceed $20,000. Director Schafer motioned to approve the proposal by Robin B. Hamers to provide administrative services for Project No. 176 — Grease Control Program Phase III. Director Perry seconded. Motion carried 5 -0. 3. Approve and execute an agreement with the Orange County Sanitation District (OCSD) that will provide for an Orange County Health Care Agency ( OCHCA) restaurant inspector to perform one WDR- related inspection of each restaurant inside the CMSD boundary per year. The OCHCA inspections will supplement the inspections provided by EEC and will assist in reinforcing the importance of the grease control program to the local restaurant owners and general managers. Director Woodside motioned to approve the FOG Inspection Services Agreement with OCSD with the stipulation that initial year costs not to exceed $17,541. Director Perry seconded. Motion carried 5 -0. 4. Transfer $20,000 from the sewer reserves into this project to cover the first year cost of the OCHCA inspection program of $17,541 as shown in the agreement with OCSD. Director Perry motioned to approve the budget transfer of $20,000 from the Capital Facilities Acquisition Budget to the Waste Discharge Requirements Phase III Budget for Inspection Services. Director Schafer seconded. Motion carried 5 -0. DEVELOPMENT AGREEMENT AT 1901 NEWPORT BLVD. — EXCESS SEWER FLOWS Mr. Hamers requested the item be continued. �1 LJ 0 .7 COSTA MESA SANITARY DISTRICT u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 12, 2006 PAGE 11 WESTBLUFF PUMPING STATION REHABILITATION Mr. Harriers presented a letter of notification to the Huntington West Management Company of a new manhole and connection to the existing sewer line adjacent to the pumping station. The work will be completed by L &S Construction., the sewer contractor for the new development on the adjacent property at 2100 Canyon Drive. Mr. Hamers requested approval of Schuler Engineering Corporation as a sole source contractor at a cost of approximately $35,000. Attorney Burns reported the work on the Westbluff Pumping Station would normally qualify as work that must be competitively bid. The District Engineer /Manager has provided certain facts that might allow the award of the contract to Schuler without competitive bid. Those facts involve the fact that the work is a combined private /public improvement in that some of the improvements are necessitated by a new development and therefore are being paid for by the developer, and part of the improvements are those the District desires to update old equipment. If two contracts were let, one by the developer and one for the publicly funded work, there would be obvious coordination efforts at the pump station. It therefore makes sense that one contractor be used. However, since the private development will be constructed soon and a construction schedule has been recently established, therefore the public portion .of the work must be coordinated with that construction schedule. Schuler Engineering is very knowledgeable about the District's pumping station and is available to perform this work within the tight construction schedule that the developer must adhere to for funding and other purposes. We are advised that there is no time within which the job could be competitively bid. Therefore, the District Engineer /Manager has recommended making findings that the competitive bid process be bypassed for all of the above reasons. Case law exists that provides that competitive bidding may be dispensed with when the bidding process would be unavailing or would not produce an advantage, and the advertisement for competitive bid would therefore be undesirable, impractical or impossible. Graydon v. Pasadena Redevelopment Agency 164 Cal Rptr 56,58 (1980). District Counsel suggested the Board may want to make the determination that the above described facts bring this matter within that exception and authorize the award to Schuler Engineering. COSTA MESA SANITARY DISTRICT u` MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ;. JANUARY 12, 2006 PAGE 12 Director Schafer moved to dispense with bidding for the above reasons and approve Schuler Engineering as the contractor for the Westbluff Pumping Station Rehabilitation at a cost of approximately $35,000 for the project. Director Perry seconded. Motion carried 5- 0. LETTER OF UNDERSTANDING WITH MESA CONSOLIDATED WATER DISTRICT Mr. Hamers presented a Letter of Understanding with Mesa Consolidated Water District for CMSD Use of Hydrant Water. The Districts agreed to continue working together cooperatively and collaboratively to serve the best interests of the public communities and the ratepayers of both agencies. On an interim six -month basis, the Districts will continue the historical and informal arrangement that has existed for a long time between the City of Costa Mesa and Mesa which provided for CMSD employees and /or CMSD contractors to use un- metered hydrant water for various public services without paying for the water used. The effective date of the interim arrangement between Mesa and CMSD is December 16, 2005. CMSD will inform and assure that its contractors' (Jimni and National Plant Services) vehicles /equipment are clearly identified as CMSD authorized. Further, CMSD will assure that its contractors shall indemnify Mesa for damages that may be caused by its contractors and accept liability for same, including damages that may occur to Mesa facilities. The interim arrangement will expire on July 1, 2006, or earlier, upon approval and execution of a formal written agreement between Mesa and CMSD for a longer term yet to be determined. Mesa and CMSD will meet periodically during the next four months to continue discussions about the interim arrangement and the information collected in order to prepare the formal written agreement that would be submitted for approval by the respective agencies and become effective on or before July 1, 2006. Either Mesa or CMSD may request to modify or cancel this six - month interim arrangement by notifying the other party in writing with two weeks advance notice. The Letter of Understanding was approved by the CMSD Manager /District Engineer and the Mesa General Manager on December 16, 2005. • i U -0 COSTA MESA SANITARY DISTRICT m+ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 12, 2006 zr = PAGE 13 DEVELOPMENT UPDATE - REPORT ON PROPOSED DEVELOPMENT PROJECTS SIX CONDOMINIUM TOWERS IN NORTH COSTA MESA Mr. Hamers presented a report on proposed Condominium Towers at 580 Anton Blvd. The sewer study, prepared by Huitt- Zollars, Inc., analyzes the impact on the Orange County Sanitation District 18 inch sewer in Avenue of the Arts and the Costa Mesa Sanitary District 12 inch, 10 inch and 8 inch sewers in Anton Blvd. that would accept flows from the proposed development. The proposed development consists of demolishing the 20,400 square foot retail and restaurant site at the northeast corner of Avenue of the Arts and Anton Boulevard and replacing it with a 250 unit condominium tower development along with constructing an additional 480 condominiums and 6,000 square foot retail development at the southeast corner of Avenue of the Arts and Anton Boulevard. Also considered in the study is the future Art Museum on the westerly side of Avenue of the Arts. The CMSD will utilize the HZI study as a reference for future developers in the area. CITY OF NEWPORT BEACH GENERAL PLAN REVISION Mr. Hamers presented a report on City of Newport Beach proposed general plan land use changes. The Costa Mesa Sanitary District provides sewer service and trash collection to various areas of Newport Beach, however, only nine sub -areas have actual land use changes identified and of the nine, only two have sewer service from the CMSD and neither includes parcels receiving trash collection from the CMSD. The two sub -areas are West Newport Mesa sub area and the Old Newport Boulevard sub -area. Mr. Hamers also reviewed other proposed projects with increased land use intensities and the District's policy of requiring a sewer study to insure adequate sewer capacity exists, and if not, requiring the developer to construct the additional capacity VACATION OF SEWER EASEMENTS 330 BAY STREET, TRACT 16694, RESOLUTION No. 2006 -718 Mr. Hamers presented Resolution No. 2006 -718, ordering the vacation of the District's interest in an easement for public utilities. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 12, 2006 -- _- - - PAGE 14 • Director Schafer motioned to adopt Resolution No. 2006 -718. Director Woodside seconded. Motion carried 5 -0. 2075 NEWPORT BOULEVARD, RESOLUTION NO. 2006 -719 Mr. Hamers presented Resolution No. 2006 -719, ordering the vacation of the District's interest in an easement for public utilities. Director Perry motioned to adopt Resolution No. 2006 -719. Director Woodside seconded. Motion carried 5 -0. TREASURER'S REPORTS The Treasurer had nothing to report. ATTORNEY'S REPORT COSTA MESA DISPOSAL AND CR TRANSFER CONSOLIDATED AGREEMENT Mr. Burns presented a chronology of Master Agreement negotiations with CR Transfer. In a January 10, 2006 meeting with CRT and CMSD Staff, CR &R agreed to have a formal response by January 24, 2006 regarding a consolidated collection and processing agreement. IMPLEMENTATION OF ASSEMBLY BILL 1234 ORDINANCE NO. 55 ADDRESSING THE REQUIREMENTS OF THE LOCAL GOVERNMENT SUNSHINE BILL Mr. Burns presented Ordinance No. 55, in compliance with the Local Government Sunshine Bill, adopting written guidelines and requiring officials of local government entities that pay per diem compensation or that pay expense reimbursements, to attend ethics training seminars. The addition of the following to Section 3.01.030 was requested: "Educational Outreach and Presentations City of Costa Mesa Council Meetings" Director Schafer motioned to adopt Ordinance No. 55 Addressing the Requirements of the Local Government Sunshine Bill as amended. Director Perry seconded. Motion carried 5 -0. 0 , ti= COSTA MESA SANITARY DISTRICT 8 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY12 2006 PAGE 15 • NATIONAL PLANT SERVICES AGREEMENT FOR SEWER LINE CLEANING Mr. Burns requested the item be continued. JIMNI SYSTEMS INC. AGREEMENT FOR PUMPING STATION MAINTENANCE Mr. Burns requested the item be continued. LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTING THE DISTRICT ) : ORANGE COUNTY SANITATION DISTRICT (OCSD) President Ferryman reported on the December 15, 2005 meeting of the Orange County Sanitation District. OCSD Staff. was directed to re -look at the capital improvement projects. • SANTA ANA RIVER FLOOD PROTECTION AGENCY There was no meeting of the Agency in December 2005. The next meeting will be held on- January 26, 2006. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) A meeting was not held in December 2006. LOCAL AGENCY FORMATION COMMISSION ( LAFCO) Director Schafer attended a LAFCO meeting on December 14, 2005 and reported the following: • MSRs were reported on. In 2006 LAFCO will be working on South County: • A Strategic Planning meeting will be held on January 27, 2006 CMSD, the City of Costa Mesa and the Water District will be reviewed in 2006 CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) ® President Schafer traveled to Sacramento on January 6, 2006 for an Executive Board meeting. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY12,2006 PAGE 16 • RESIGNATION FROM CSDA LEGISLATION COMMITTEE BY DIRECTOR WORTHINGTON Director Worthington presented a letter to President Ferryman and Board Members notifying CMSD of his resignation from the CSDA Legislation Committee due to significant travel expenses. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2006 MEMBERSHIP DUES IN THE AMOUNT OF $3,264.53 Ms. Davis presented an invoice for 2006 CASA membership dues in the amount of $3,264.53. Director Schafer motioned to approve payment to CASA for 2006 Membership dues in the amount of $3,264.53. Director Woodside seconded. Motion carried 5 -0. MEETINGS OF: COSTA MESA CITY COUNCIL, OCCOG, WACO, CHAMBER OF COMMERCE • CHAMBER OF COMMERCE Director Schafer reported the Chamber of Commerce was dark for November and December. OCCOG Director Schafer attended a meeting on December 6, 2005. WACO Director Schafer was out of town for the WACO meeting. OLD BUSINESS There was no old business discussed. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY12 2006 PAGE 17 NEW BUSINESS ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM - AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR SPECIAL SERVICES Ms. Davis presented an Agreement with Liebert Cassidy Whitmore for Special Services and an invoice in the amount of $2,390 for membership from 01/01/06 through 12/31/06. Director Schafer motioned to execute the Agreement and approve payment to Liebert Cassidy Whitmore in the amount of $2,390. Director Perry seconded. Motion carried 5 -0. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS There were no oral communications or Director comments. 0 ADJOURNMENT At 8:20 p.m., President Ferryman adjourned the meeting. SECRETARY • PRESIDENT M/Mesa Consolidated �jater District CITY /DISTRICTS LIAISON COMMITTEE MEETING MINUTES FRIDAY, January 27, 2005 7:30 a.m. COSTA MESA CITY HALL 5T" FLOOR CONFERENCE ROOM 77 Fair Drive Costa Mesa, California 92626 Mesa Committee Members: James F. Atkinson, 1 st Vice President Trudy Ohlig -Hall Diana M. Leach, General Manager City Committee Members: Allan Mansoor, Mayor • Eric Bever, Mayor Pro -Tem Allan Roeder, City Manager Kimberly Brandt, Senior Planner CMSD Committee Members: James Ferryman, President Greg Woodside, Vice President Rob Hamers, Manager /District Engineer Tom Fauth, Assistant Manager Joan Revak, Board Secretary/Program Manager Others Present: Cindy Brenneman 1856 Elba Circle Costa Mesa, CA 92626 Mayor Allan Mansoor chaired the quarterly meeting attended by the City of Costa Mesa, Mesa Consolidated Water District, and the Costa Mesa Sanitary District. Mayor Mansoor thanked everyone for attending and prior to beginning discussion of the items on the agenda, requested along with Mayor Pro Tem Eric Bever, reconsideration of the date of the Liaison Committee meetings. It was agreed to hold the quarterly meetings on the third Friday of the month instead of the fourth Friday, with the next meeting to be held on Friday, March 17, 2006, at 7:30 AM at Mesa Consolidated Water District. CITY /DISTRICTS LIAISON COMMITTEE MEETING January 27, 2006 MINUTES Page 2 C, Discussion was held on the following items: 1. Status report on City /Mesa Draft Cooperation Agreement Ms. Leach and Mr. Roeder provided updates of the two staff -level subcommittees established to work through various issues and come to an agreement, possibly in the form of a City /Mesa formal agreement. The issues include working hours, requirements for permits, pavement reconstruction, and other construction - related items. Ms. Ohlig- Hall mentioned that this item has been on -going for quite some time and requested an expeditious resolution. 2. Poseidon Project Ms. Leach gave an update of the project which proposes to create potable water through desalination in Huntington Beach and provide the water to South Orange County. 3. Ocean Water Quality Mr. Hamers reviewed the efforts by the Sanitary District and the City to limit sewer spills and contaminated urban runoff, respectively, from reaching the ocean. Mr. Hamers • reviewed the present regional sewer requirements and the forthcoming state requirements. Mr. Roeder reviewed the City's storm water program and the comprehensive effort required to limit pollutants from reaching the ocean. 4. Land Use Changes in Costa Mesa Mr. Hamers reviewed a few of the significant land use changes recently occurring in Costa Mesa, Newport Beach, and Irvine. Costa Mesa is considering six condominium tower developments in north Costa Mesa, an overlay zoning on the Westside of Costa Mesa, and various other infill residential developments. Mr. Hamers explained the impact on the sewer system is analyzed on a case by case basis. Director Atkinson mentioned the Mesa Consolidated Water District infill study has considered most of the proposed development and is in good position to serve the new developments. 5. Status of Westside GPA, Rezone and Urban Plans Mr. Roeder introduced Ms. Kimberly Brandt who attended the meeting to explain the four Westside Urban Plans the City Council is considering: Mesa West Bluffs, 19 West Village, Mesa West Residential Ownership, and SOBECA. Ms. Brandt gave an overview of the proposed overlay zonings that have the goal of revitalizing Westside Costa Mesa by encouraging residential ownership and mixed use including work/loft development. The Plans will be considered by the Planning Commission and the City • Council. CITY /DISTRICTS LIAISON COMMITTEE MEETING MINUTES January 27, 2006 Page 3 The next meeting will be hosted by the City of Costa Mesa on Friday, March 17; 2005 at 7:30 a.m. at Mesa Consolidated Water District. Public Comments There were no public comments. The meeting was adjourned at 9:05 a.m. Arthur Perry, Secretary Costa Mesa Sanitary District 0 • James Ferryman, President Costa Mesa Sanitary District r� U COSTA MESA SANITARY DISTRICT MINUTES OF STAFF MEETING JANUARY 18, 2005 The Costa Mesa Sanitary District Staff met at 9:00 a.m. at 628 W. 19th Street, Costa Mesa. Staff Present: Rob Hamers, Tom Fauth, Joan Revak, Wendy Davis, Sherry Kallab, Denise Gilbert, Debbie Bjornson, Karl Dulake CMSD Staff met to discuss personnel issues. I. SAFE, CASH BOX, BUILDING AND EMPLOYEE SECURITY Mr. Hamers was apprised of the safe, cash box and petty cash procedures. It was suggested a door chime be installed to alert Staff to people entering the building. Mr. Dulake will purchase a door chime for the front door. Mr. Hamers was also • informed of the Bay Alarm phone number and password. Emergency preparedness was reviewed and the recommendation made to obtain a ladder in the event of circumstances that would require departure from th�- building through the upstairs balcony. Mr. Dulake will purchase a ladder. II. SECURITY CAMERA Staff was reminded to view the security camera picture on their computer screens to monitor visitors entering the headquarters. III. REVIEW OF DATA BACKUP Mr. Hamers was apprised of the procedures for data backup. IV. REVIEW OF ARRIVAL TIME AND FLEX HOURS Mr. Hamers requested each employee to state their arrival and departure time and their satisfaction with their schedule. Ms. Bjornson expressed her difficulty at arriving at 7:30 a.m. and Mr. Hamers approved an 8:00 a.m. to 5:30 p.m. schedule for Ms. Bjornson. The rest of staff is satisfied with their arrival and departure time and will remain on their present schedule. A revised schedule will be provided by • Mr. Fauth. Costa Mesa Sanitary District Minutes of Staff Meeting January 18, 2006 Page 2 V. ROB'S HOURS AT THE BUILDING Mr. Hamers expressed his enjoyment at spending time working at CMSD headquarters with Staff and he will schedule time to spend at the building on Wednesdays as follows: January 25, 2006 12:00 p.m. — 3:00 p.m. February 1, 2006 1:30 p.m. — 3:00 p.m. February 8, 2006 11:00 a.m. — 2:00 p.m. February 15, 2006 10:00 a.m. — 1:00 p.m. & through Mid -May While working at the building Mr. Hamers observed the problem experienced with the public using the CMSD parking lot when visiting the DMV and the Goodwill Store, as well as the public using the ramp to cut through CMSD property instead of using the sidewalk. Mr. Hamers asked for landscape improvements to be installed soon. It was suggested that new signage be • obtained for the parking lot stressing the parking lot is for CMSD employees and visitors only. Also suggested was placing signs at each of the parking stalls reading "CMSD Employee Parking Only'. VI LIFE INSURANCE Employee life insurance benefits were discussed. Employees who were formerly City of Costa Mesa employees pay a flat amount for life insurance as previously paid as City employees and the District subsidizes the balance, BOA which varies according to age of the employee. In the case of employees 65 Sri v1� years of age, the District life insurance coverage drops from $50,000''to 77_'�, $25,000, whereas at the City there was no change in coverage. As the Board sly' f obligated Itself to provide equal benefits to employees who left the City to work for the District, Mr. Hamers will approve a policy for the District to self- insure for the additional $25,000 until the problem can be corrected. 00 Staff was directed to look in alternative types of life insurance plans and determine if there is a legal requirement to offer this type of insurance. Staff will contact SD MA, AFLAC and an independent insurance broker. The possibility of not requi ing the employees to have life insurance was also discussed without any d cision being made. Name ited -tv e UWAI�"h ; C14JV ..et- . d caii qV' -- (A,�s WS u��� €. • S icLr' T1V3URf. g,tEl2)n Protecting our community's health by providing solid waste and sewer collection services. crosdcagov • A yaSFf'lTA4j.o VII. PERSON PERS Costa Mesa Sanitary District Minutes of Staff Meeting January 18, 2006 Page 3 An explanation of the PERS on PERS benefit was provided. This benefit consists of paying the normal employer (13.841) and employee (7 %) contribution rates to PERS on the value of the employee's (7 %) contribution. The rationale is that the 7% employee contribution is. picked -up by the District and is, therefore, a benefit entitled to have retirement calculated on it. The benefit was provided to the employees at the City of Costa Mesa. This benefit was adopted by the CMSD Board of Directors by Resolution No. 2005 -717 on November 16, 2005. VIII. RETIREE MEDICAL IX. 01Y, G X. -T Retiree Medical benefits were discussed. Another benefit the City of Costa Mesa provides its employees is the Retired Employees' Medical Program. The benefit is provided to full -time employees who were hired prior to January 1, 2004, who have participated in the City's group medical plan for a minimum of five consecutive years and are enrolled in the medical plan immediately prior to retirement and who immediately commence receiving a retirement allowance from PERS upon separation from City employment. The City monthly contribution is calculated based on length of service and the value of the HMO insurance plan not to exceed $500. Again, Mr. Hamers opined that based on the Board of Directors commitment to provide employees who left City �bf Costa Mesa employment to work for the District equal benefits, those employees meeting the criteria will receive Retiree Health Benefits. Only the four original employees who left the City of Costa Mesa are eligible for this benefit. Al, $1,000 LIFE INSURANCE Ms. Davis advised of another retiree benefit through the City of Costa Mesa was $1,000 life insurance. The District provides $500 through PERS (Section 21622 of the Supplemental Benefits listing). The cost is .001% - .002% of payroll. Staff will continue to investigate to consider this benefit.,. �; -a� INCORPORATING SPECIAL PAYS INTO SALARY Incorporating Special Pays into salary for those employees receiving special pay for special skills was discussed. The subject will be reviewed further and addressed at the next Employee meeting scheduled for Wednesday, March 15, 2006 at 10:00 a.m. Protecting our community's health by providing sotuf waste and sewer collection services. crosdcagov 4s Costa Mesa -Sanitary District Minutes of Staff Meeting January 18, 2006 • Page 4 Additionally, Ms. Bjornson requested dental coverage be addressed. As the plan offered to District employees required enrollment of a minimum of 5 employees, it was necessary for all CMSD personnel to choose the same plan. Ms. Bjornson enrolled in the plan even though she did not foresee having a need for the dental work in the 2005/2006 plan year. With the addition of the Maintenance Supervisor to District Staff who is enrolled in the dental plan, Ms. Bjornson requested Ms. Davis to inquire if Ms. Bjornson could withdraw from the dental plan. The meeting was adjourned at 11:30 a.m. • • Protecting our community's health by providing solid waste and sewer collection services. crosdcaAov C7 Costa Mesa Sancta District PROJECT STATUS REPORT January 2006 Project 1 1 1 21 00 -1 01 West Side Pumping Station Abandonment Study The Manager /District Engineer and engineering staff met with an environmental consultant to determine whether the project will be categorically exempt, require a Negative Declaration, or whether an Environmental Impact Report (EIR) will be required under the CEQA requirements. The consultant will prepare a proposal for an environmental constraint study after the District prepares a new map of the overall project. Project 1112100 -129 Bristol Street Pumping Station The County of Orange plans on widening Irvine Avenue from Bristol Street to University Drive, which will cause relocation of the CMSD Tustin Pumping Station. The District can upgrade the station to a level able to serve the redevelopment of the area. The upgrade alleviates the need for the Bristol Street Pump Station and the project can be reduced to construction of a new gravity sewer only. These findings were submitted to the Orange County Development Agency and as requested the Sanitary District prepared a new three party agreement reflecting these findin s. The agreey' ent is being reviewed b the three agencies. oclo Project 1112100 -135 Re✓constructina Force Main or Elden P Staten (Phaca Construction is complete. The District and City of Costa Mesa are awaiting comments from the State on the easement and rights -of -way documents submitted. A reminder letter was sent to the O.C. Fairgrounds to continue consideration of the easements. Project 1112100-159 Televising Sewer Lines Program Years 98 -99 99 -2000 Areas are televised as needed. Proiect 1112100 -168 Tustin Pumping Station Remodel or Relocation The construction of the Phase I gravity sewers is complete and the District Engineering Staff is designing the new pumping station. Proiect 1112100 -171 Tustin Pump Station Force Main Rehabilitation -Phase I 0 The design phase is continuing. Project 1112100-173 South Coast Plaza Pump Station Force Main Replacement The design phase is continuing. 0 Project 1112100 -174 FOG Program Development and Implementation The project report was prepared by EEC and approved by the Board of Directors at the January 2006 regular meeting. P.roiect 1112100-175 OCSD Cooperative Project Grant - Televising CMSD Sewer Lines The televising is continuing. Project 1112100-176 WDR Grease Control Program Phase III The project was awarded to EEC at the January 2006 regular meeting. • • Protecting our community's health d y providing sofid waste and sewer col ection services. crosdeagov