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Agenda Packets - Board - 2006-10-12Costa Mesa nfta -, q District ... an Independent Special District Greg Woodside Vice President Jim Ferryman President Art ferry Secretary Arlene Schafer Dan Worthington Director Director Regular Meeting — Thursday, October 12, 2006 RECOMMENDED ACTION —I. CALL TO ORDER – 6:00 p.m. – 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE – Director Perry III. INVOCATION – Director Woodside IV. ROLL CALL V. 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 – September 11, 2006 2. Investment Oversight Committee Meeting – September 14, 2006 3. Regular Meeting – September 14, 2006 to 4. City /Districts Liaison Committee Meeting – September 22, 2006 Protecting our community's health by providing solid waste and sewer collection services. crosdca.gov Costa Mesa Sanitaq ;District AGENDA F-1 L---J Manager's Reports 5. Refunds 6. Occupancy Report and payment to Costa Mesa Disposal - October 2006 7. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) 8. Minutes of Office Staff Meeting on September 13, 2006 Engineer's Reports 9. Project Status Report Treasurer's Reports 10. Financial Reports as of August 31, 2006 11. Treasurer's Reports as of September 30, 2006 12. Financial Report as of August 31, 2006 13. Treasurer's Report as of September 30, 2006 • 14. Warrant Register for the month of September 2006 in the amount of $2,205,326.22 15. Directors' Compensation and Reimbursement of Expenses for the Month of September 2006 END OF CONSENT CALENDAR VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Report by CR &R 1. Additional Container Program 2. Labor Negotiations B. Sewer System Planning 1. Funding < f 2. Organizational Chart October 12, 2006 Page 2 RECOMMENDED ACTION No Refunds Approve Receive & File Receive & File Receive & File Receive & File Receive & File Receive & File Receive & File Ratify Payments Approve Compensation & Ratify Expenses -------------------- - - - - -- Consider Accept Report Accept Report Accept Report 3. Purchase of Water Truck Consider Recommendation 04 PJ - tDM to purchase Water Truck Protecting our community's health d y providing solid waste and sewer cof(ection services. www.crosdcagov Costa Mesa SanitaYVV District AGENDA r: • C7 C , V 114f 0 4c" `� Pff- VAS C. District Yard Update VCw (-/m os ON G ie, z i-m K Wrl D. CMSD Strategic Plan 1. Year 2005/2006 Strategic Planning Action Items 2. Year 2007/2008 Strategic Planning Workshop Scheduled for January 26 & 27, 2007 3. Recommendation by Staff to hold "pre- meeting" E. New District Headquarters a. Building and Grounds Ad Hoc Committee X Update on Column Improvements, Painting & Landscaping c /�[M �� � r��F -� me wp SUPPeI%f. F. Recycling Reports 1. Waste Diversion Report - September 2006 G. Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for September 2006 Services H. Ordinance Enforcement Officer's Report I. Election 2006 J. Report on 2701 Cardinal Drive Request for Waiver of Trash Container Fees K. Recycling Committee — Mondg, October 9, 2006 12:00 p.m., CMSD Board Room, 628 W. 19` Street, Costa Mesa (Directors Woodside & Schafer) 1. Recycling Committee Goals for 2005/2006 2. Universal Waste - Requirements Effective February 9, 2006 3. Telephone Book Recycling Program - November 13 through December 22, 2006 4. Used Tire Round -Up - Saturday, October 21, 2006 5. Large Item Collection Program - Request for Reimbursement 6. Source Reduction October 12, 2006 Page 3 ACTION Accept Report Receive & File Confirm Dates Consider Date Accept Report Receive & File Ratify Subject to Verification of Diversion Report by Staff Accept Report Review Election Procedure Consider Report by Staff Update on Activities Accept Report Accept Report Accept Report Accept Report Accept Report Protecting our community's health by providing solid waste and sewer collection services. www.crosdcagov Costs Mesa SanitG? }q District October 12, 2006 AGENDA Page 4 RECOMMENDED • ACTION 7. Outreach Information Received from Earth Resources Foundation Accept Report IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) 1. General Update Accept Report B. Anniversary Lane Water Line — IRWD Appoint Working Committee C. CMSD Project #129 — Bristol Street Three Party Agreement Approve & Execute Agreement X. TREASURER'S REPORTS A. Attendance at Conferences Discussion XI. ATTORNEY'S REPORTS A. Senate Bill 1087 — Sewer Service for Affordable Housing Projects 1. Resolution No. 2006 -728 Ordering that Publication of Ordinance No. 56 Adopt Resolution Occurred on September 22, 2006 B. Sewer Lateral Compliance Ordinance Accept Report C. Insurance Coverage for Inverse Condemnation Claims Discussion D. Settlement of CoastKeeper v. Garden Grove Lawsuit Accept Report XII. LOCAL MEETINGS (Includes Reports by all Directors Representing CMSD) A. Orange County Sanitation District (OCSD) — September 27, 2006 Accept Report (President Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report September 28, 2006 (Director Perry) C. Independent Special Districts of Orange County (ISDOC) Accept Report (Director Schafer) D. Local Agency Formation Commission (LAFCO) Accept Report (Director Schafer) 1. Sphere of Influence Modification Request for Santa Ana Heights Consider Protecting our community's Health by providing solid waste and sewer coCtection services. www.crosdcagov Costa .Mesa Sanitary District AGENDA E. California Special Districts Association (CSDA) (Director Schafer) 1. CSDA 2006 Annual Conference — September 25 -28, 2006 (Director Schafer) F. California Association of Sanitation Agencies (CASA) 1. 2007 Mid -Year Conference — January 17 -20, 2007 Indian Wells G. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 XIII. OLD BUSINESS XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT • • October 12, 2006 Page 5 RECOMMENDED ACTION Accept Report Accept Report Accept Report Consider Attendance Report on Matters Pertaining to CMSD Protecting our community's health d y providing solid waste and sewer collection services. www.crosdcaAov • COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING September 11, 2006 The Costa Mesa Sanitary District Recycling Committee met at 12:00 p.m. at 628 W. 19th Street, Costa Mesa. Directors Present: Greg Woodside, Jim Ferryman Staff Present: Rob Hamers, Tom Fauth, Joan Revak, Denise Gilbert Others Present: Stephanie Barger, Executive Director Kathy Hill, Member Earth Resource Foundation 230 E. 17th Street, Suite 208 Costa Mesa, CA 92627 • Director Woodside called the meeting to order at 12:00 p.m. I� lJ PRESENTATION BY EXECUTIVE DIRECTOR OF EARTH RESOURCE FOUNDATION Ms. Stephanie Barger, Executive Director of Earth Resource Foundation gave a presentation on the Foundation with a primary focus on the detrimental effect plastic debris has on the marine environment. An emphasis is placed on recycling plastic grocery bags and encouraging the use of cloth bags for transporting groceries. Paper bags biodegrade, are easily recycled and don't kill animals. Plastic bags may use less water and energy than paper bags, however, they are made from a non - renewable resource (petroleum) and manufacturing them creates pollution that degrades water quality and increases global warming. Plastic bags kill sea animals, like turtles, that mistake them for food, are rarely recycled (less than 1 %), are a serious litter problem costing California taxpayers millions for cleanup of litter, beach debris and storm water pollution. Funding for the Foundation comes from grants and private donations. Mr. Hamers inquired about Source Reduction techniques and programs. After discussion, the Sanitary District and Earth Resource Foundation agreed to exchange outreach and education materials. Protecting our community's health by providing solid waste and sewer collection services. www.crosdca.aov Costa. Mesa -Sanitary District Minute's of Recycling Committee Meeting September 11, 2006 Page 2 is RECYCLING COMMITTEE GOALS FOR 2005/2006 The Committee reviewed the 2005/2006 recycling goals. UNIVERSAL WASTE - REQUIREMENTS EFFECTIVE FEBRUARY 9, 2006 Battery Recycling Mr. Fauth presented an update on the Battery Recycling Program through Curbside, Inc. An Addendum to the Curbside Agreement was approved at the August 14, 2006 Regular Board Meeting. Curbside, Inc. will arrange for agreements with the four sites where the "battery buckets" will be located. LARGE ITEM COLLECTION - JUNE 12 THRU AUGUST 26, 2006 Ms. Revak presented the Final Report on the 2006 Large Item Collection Program. The program ran from June 12 through August 25, 2006. The landfill tonnage totaled 489.89 tons at a total cost of $13,373.58. Recyclable White Goods collected totaled 779.80 tons amounting to a credit of $74,080.15 ($95 /ton) and a new profit of $60,706.57. Ms. Revak provided charts showing the weekly progress of the 2006 program, a comparison of the 2002 through 2006 programs and a historical perspective from 1997 through 2006. Ms. Revak noted White Goods accounted for 61 % of all items collected. The meeting was adjourned at 1:04 p.m. Secretary President • Protecting our community's health by providing solid waste and sewer collection services. ,qov 0 COSTA MESA SANITARY DISTRICT MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING September 14, 2006 CALL TO ORDER The meeting was called to order at 5:35 p.m. by the District Manager, Mr. Rob Hamers. ROLL CALL Committee Members Present: NEW BUSINESS PUBLIC COMMENTS ADJOURNMENT Approved by: President Jim Ferryman (rotating committee member) Director Arlene Schafer (rotating committee member) Mr. Rob Hamers, Manager/ District Engineer Committee Members Absent: None Staff Members Present: Ms. Wendy Davis, Treasurer Ms. Joan Revak, Board Secretary/Clerk of the District Mr. Tom Fauth, Assistant District Manager Ms. Sherry Kallab, Accountant Payoff of Trash Container Loan Ms. Davis discussed the payoff of the District's trash container lease. The paper work could be processed in the next couple of weeks however, it could be several months before the District receives the title to the containers. Items requested to be discussed at future Investment Oversight meetings were; investment returns, internal controls over investments and broker dealer relationships. There were no items discussed under public comments. The meeting adjourned at 5:58 p.m. Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Directors COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on September 14, 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 Perry led the Pledge of Allegiance. INVOCATION Vice President Woodside gave the invocation. ROLL CALL DIRECTORS PRESENT: James Ferryman, Greg Woodside, Arlene Schafer, Dan Worthington, Art Perry 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; Karl Dulake, Maintenance Supervisor; Ron Shef, Code Enforcement Officer; Denise Gilbert, Permit Processing Specialist; Debbie Bjornson, Permit Processing Specialist. n �J COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 2 OTHERS PRESENT: Mr. Nitln Patel, Diehl, Evans & Co. Mr. Bob Ooten, Resident of Costa Mesa Mr. Dean Ruffridge, CR &R Mr. Randy Talbott, Resident of Costa Mesa Mr. James Lusk, Resident of Costa Mesa Ms. Gina Keuilan . ............................... 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 Committee Meeting — August 21, 2006 Minutes of Regular Meeting — August 14, 2006 MANAGER'S REPORTS Refunds The Minutes of the Recycling Committee Meeting of August 21, 2006, were approved as distributed. The Minutes of the Regular Meeting of August 14, 2006, were approved as distributed. There were no refunds for the month of August 2006. Occupancy Report and The Trash Occupancy Count documented an Payment of $195,046.64 increase of 7 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of September 1, 2006. Therefore, September 2006 the total for September is 21,304. Board directed Staff to prepare a warrant for $195,046.64 to Costa Mesa Disposal for the September 2006 collection count of 21,304. • • c: COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 3 Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for August 2006 Control Board (RWQCB) was accepted as submitted. ENGINEER'S REPORTS Project Status Report The Project Status Report dated September 2006 was accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of June 30, 2006 was June 30, 2006 accepted as submitted. Financial Report as of July The Financial Report as of July 31, 2006 was 31, 2006 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of June 30, 2006 was June 30, 2006 accepted as submitted. ® Treasurer's Report as of The Treasurer's Report as of July 31, 2006 was July 31, 2006 accepted as submitted. Warrant 2007 -3 for August Warrant Resolution #CMSD 2007 -3 was approved, 2006 in the amount of authorizing the President and Secretary to sign the $747,437.74 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $747,437.74. Directors Expenses for the Director Compensation and Expense Month of August 2006 Reimbursements for the Month of August 2006 were approved and ratified as follows: Director Ferryman: $510.00 Director Perry: $1,020.00 + 435.68 Director Schafer: $1,020.00+ 390.42 Vice President Woodside: $510.00 Director Worthington: $1,020.00 +452.35 .......................... END OF CONSENT CALENDAR ......................... n COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 4 • WRITTEN COMMUNICATION Mr. Fauth reported receiving a written communication from Ms. Frances O'Brian, dated August 29, 2006. Ms. O'Brian expressed displeasure over the District's policy of charging a per - dwelling fee for trash containers. Ms. O'Brian felt the District should charge on a per- container basis. Mr. Fauth spoke with Ms. O'Brian and explained the process the District used to arrive at the variable rate structure. Director Schafer requested Staff write a response letter to Ms. O'Brian. PUBLIC COMMENTS Mr. Randy Talbott, City of Costa Mesa, addressed the Board regarding his single - family home and the volume of trash generated due to his large yard. Mr. Talbott requested consideration due to the volume of landscaping he maintains on his corner lot. Mr. Talbott also related his displeasure with the District's telephone system. President Ferryman assured Mr. Talbott the District would be addressing the telephone system. Mr. Burns suggested Mr. Talbott make a formal submittal to the District to explain his request for exemption from the District's policy. 0 After discussion, the Board directed Staff to prepare a report on the request for waiver of the container fees and return at the October meeting with a recommendation. Mr. James R. Lusk addressed the Board concerning the grandfather rule. Mr. Lusk attempted to switch his three 60- gallon containers for two 90- gallon containers prior to the deadline of September 1, 2006 and was denied. Mr. Fauth reported the Board expanded the grandfather policy to include anyone wishing to change before the deadline of September 1, 2006. Mr. Fauth explained there was a lag period between making the policy change and the contractor notification and institution of the change. Residents who requested a change of container size before the September 1, 2006 deadline will be allowed to do so. Mr. Lusk's name will be added to the approved list. Mr. Lusk inquired as to the proper avenue to receive an exemption due to disabilities. Mr. Fauth reported he has a form for residents to fill out requesting a waiver due to disability, economic, or other reasons. Mr. Fauth reported documentation will be required. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 5 • MANAGER'S REPORTS FY 2004 -2005 Audited Financial Report Presentation by Diehl, Evans & Company, LLP Ms. Davis introduced Mr. Nitin Patel, Diehl, Evans & Company. Mr. Patel reported his firm audited the 2004 -2005 Costa Mesa Sanitary District financial report. Mr. Patel issued an independent auditors report on the financial statements and a management recommendation letter. Mr. Patel made recommendations in the areas of journal entries, outstanding checks, purchasing, capital assets, billings, and related party transactions. Ms. Davis reported she reviewed each one of the listed recommendations and agrees with the recommended changes. Ms. Davis requested the Board make a determination on the related party transactions recommendation. The auditor recommended the current practice of the Assistant Manager reviewing and approving the invoices from the company owned by the Manager /District be changed to avoid any potential conflict of interest issues. Director Perry motioned that the treasurer review and approve for payment all invoices by the company owned by the District's Manager /District Engineer. Director Schafer seconded. Motion carried 5 -0. VERBAL REPORT BY CR &R ON CONTAINER EXCHANGE PROGRAM Mr. Harriers reported the Board decided the grandfather clause would be extended to include anyone requesting to change containers before September 1, 2006. Mr. Harriers expressed concern that CR &R was not aware of the change at the time it was made. Mr. Harriers reported CR &R will be sending a letter to all residents to advise them that CR &R's records indicate the residence had more than two containers and CR &R would begin charging a fee for the extra container. The letter will request residents notify CR &R if the records are incorrect. Mr. Ruffridge reported approximately 4,000 residents will receive the letter. Mr. Harriers invited Mr. Ruff ridge back to the October meeting to give a final total of residences that will be charged for more than two containers. • 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 6 • PLANNING EFFORT BY STAFF CONDITION ASSESSMENT REPORT OF CMSD SEWER SYSTEM Mr. Hamers provided a report to the Board to document the condition of the sewer system as of December 15, 2005, which is the date the Costa Mesa Sanitary District and the City of Costa Mesa terminated the sewer and storm drain cleaning mutual services agreement. Mr. Hamers reported he was very disappointed in the condition of the sewer system and provided pictures of some of the conditions noted during the assessment. Mr. Hamers stated Staff has begun dealing with the maintenance issues. Mr. Burns suggested filing a public records request to gain access to the City of Costa Mesa's records from maintenance of the lines. Discussion was held regarding the financial benefit of purchasing a water truck to assist cleaning the sewer lines. Mr. Hamers will return with a report at the October meeting. MANPOWER STUDY • President Ferryman inquired whether the current phone menu could be made more user - friendly. Mr. Fauth replied that the problem was resolved and that each CMSD Staff member modified their voice mail to notify callers that pressing the star key will return the caller to the main menu. Discussion was held regarding the hiring of a receptionist. Ms. Davis requested the Board consider hiring a temporary receptionist rather than hire a permanent employee to allow for amending the budget before a long- term employee is hired. Staff will contact Apple One to review resumes to start a temporary receptionist as soon as possible. Director Schafer stated she knows someone who may be a good fit for the permanent position. Director Schafer reported she is concerned that Mr. Dulake must put in very long hours and suggested this issue be addressed in the Strategic Planning meeting. Mr. Hamers reported Mr. Dulake has four additional contract people working with him. Mr. Hamers envisions the District eventually replacing two of the contract COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING )R SEPTEMBER 14, 2006 PAGE 7 workers by hiring two additional people to assist Mr. Dulake. Mr. Hamers stated he will be addressing Director Schafer's comments regarding Mr. Dulake's hours and manpower needs at the October regular meeting. CMSD ORGANIZATIONAL CHART Mr. Fauth provided a detailed description of the Organizational Chart and outlined the responsibilities the management analyst position will perform for the District. Director Perry requested the Organizational Chart be modified to show the two new positions that will be created in place of the contract workers currently hired to work with Mr. Dulake. Mr. Fauth was requested to add field employees under Mr. Dulake's supervision. TRASH CONTAINER PROGRAM - UPDATE ON VARIABLE RATE STRUCTURE - FY 2006 -2007 REFUND FOR PRIOR PURCHASE OF CONTAINERS Discussion was held regarding issuing a refund to residents who paid for an additional container within 6 months prior to the District's variable rate structure policy. Mr. Fauth reported he has received 6 requests for refunds out of a possible 50 for containers sold from January 2006 to date. Director Worthington motioned to approve refunding all monies paid for containers purchased from January 1, 2006 upon request. Director Schafer seconded. Motion carried 5 -0. DISTRICT YARD UPDATE AGREEMENT WITH ORANGE COUNTY FAIR & EXPOSITION CENTER Mr. Hamers presented the Agreement with Orange County Fair & Exposition Center to utilize a portion of their property as a temporary yard for CMSD vehicles. Mr. Fauth provided the details of the yard area. Director Woodside motioned to ratify the agreement with the Orange County Fair & Exposition Center. Director Schafer seconded. Motion carried 5 -0. 7.20 p.m. Mr. Dean Ruffridge and Mr. Randy Talbott left the meeting • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 8 • CMSD STRATEGIC PLAN YEAR 2005 /2006 STRATEGIC PLANNING ACTION ITEMS UPDATE ON PLANNING Mr. Hamers presented the 2005 -2006 Strategic Planning Action Items. Ms. Revak reported she has been in contact with Rauch Communication but has not received the dates available to schedule the Strategic Plan meeting. Director Perry motioned to receive and file the 2005 -2006 Strategic Planning Action items. Director Schafer seconded. Motion carried 5 -0. NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE Update on Column Improvements, Painting, and Landscaping Mr. Hamers reported a P.O. has been issued to American Eagle • Woodworking, the contractor for the column improvements. Once the columns have been replaced, Staff will focus on the painting and landscaping. RECYCLING REPORTS WASTE DIVERSION REPORT - AUGUST 2006 Ms. Revak presented the Waste Diversion Reports for August 2006 showing a 50.45% diversion rate. Ms. Revak added a year -to -year plus /minus percentage column to the Waste Diversion Report as requested by Director Worthington at the August regular meeting. Director Schafer motioned the Waste Diversion Report be received and filed. Director Perry seconded. Motion carried 5 -0. • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER '14, 2006 PAGE 9 CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR AUGUST 2006 SERVICES Ms. Revak presented the Invoices for August 2006 recycling services and disposal. Director Perry motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of August 2006 in the amount of $194,217.18. Director Schafer seconded. Motion carried 5 -0. Director Perry motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of August 2006 in the amount of $16,370.46. Director Schafer seconded. Motion carried 5 -0. ORDINANCE ENFORCEMENT OFFICERS REPORT Mr. Shef presented his written report and stated the large item collection program was completed. Several collection routes in the District had a change in collection schedule which resulted in confusion with those residential collection areas. Mr. Shef reported there were scavengers operating during night hours taking items left out for large item collection. ELECTION 2006 Ms. Revak reported the deadline was extended to August 16, 2006. The candidates for the three Director seats are: ■ Bob Ooten ■ Gary Monahan ■ Dan Worthington ■ Chuck Perry ■ Arlene Schafer RECYCLING COMMITTEE — MONDAY, SEPTEMBER 11, 2006 - 12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA, (DIRECTORS WOODSIDE AND WORTHINGTON) PRESENTATION BY EXECUTIVE DIRECTOR OF EARTH RESOURCE FOUNDATION Vice President Woodside reported the majority of the meeting was spent with a presentation by the Executive Director of Earth Resource Foundation. The group is in the process of trying to modify the current "Reduce, Reuse, Recycle" logo to COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 10 include "Refuse, Reduce, Reuse, Recycle." They encourage companies to refuse to purchase products that come with packaging. The group also is focusing on doing away with plastic bags by either reusing paper bags or carrying canvas bags to the store when shopping. There will be a presentation on September 18, 2006, at 7:00 p.m. at the Fairview Community Church entitled "Is our Ocean Turning to Plastic." UNIVERSAL WASTE - REQUIREMENTS EFFECTIVE FEBRUARY 9, 2006 Mr. Fauth displayed the five - gallon bucket for battery recycling. The District will place the buckets at Fire Station Number One and the CMSD headquarters. Costa Mesa High School and Estancia High School will be contacted by Curbside Inc. to make arrangements to host battery recycling buckets. Director Worthington suggested contacting the City to arrange an additional e- waste recycling program. Mr. Fauth reported he has been in contact with the City and will update the Board when a date is set. Mr. Fauth reported he will work toward additional advertising for the next program with additional focus on businesses. LARGE ITEM COLLECTION - JUNE 12, AUGUST 26, 2006 0 Ms. Revak reported the Large Item Collection Program concluded on August 25, 2006. The landfill tonnage totaled 489.89 tons at a total cost of $13,373.58. Recyclable White Goods collected totaled 779.80 tons, amounting to a credit of $74,080.15 ($95 /ton) and a net profit of $60,706.57. Director Worthington suggested the District segregate the funds and save them for special purposes rather than placing them into the general fund. Ms. Davis suggested the funds go toward offsetting the tonnage budget. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS - (WDR) GENERAL UPDATE Mr. Harriers reported that once the Notice of Intent is sent to the State, the Costa Mesa Sanitary District will be an "enrollee" in the State -wide WDR program as compared to a "permitee" under the regional WDR. Under the regional program, the District's documents were all well received by the Regional Water Resources Board. The Regional WDR will be rescinded when the State WDR is complete. 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 11 Mr. Hamers reported the Garden Grove Sanitary District settled with CoastKeeper, but he was not aware of the details of the settlement. ANNIVERSARY LANE WATER LINE - IRWD Mr. Hamers reported there was no new information to report. INDEPENDENT ENGINEER'S REVIEW OF CMSD 2006 -2007 CAPITAL IMPROVEMENT PROGRAM Mr. Hamers presented the BDM Consulting's Independent Engineer's Review of CMSD 2006 -2007 Capital Improvement Program. Director Perry motioned to accept the favorable Independent Engineer's Review and approve the CMSD 2006 -2007 Capital Improvement Program. Director Schafer seconded. Motion carried 5 -0. REPORT ON EMERGENCY OR NON -BID SEWER WORK Mr. Hamers reported there was an emergency repair on the Mendoza Pumping Station. Director Schafer motioned to ratify the emergency repair on the Mendoza Pumping Station. Director Perry seconded. Motion carried 5 -0. President Ferryman requested Mr. Hamers continue to update the Condition Assessment Report. CMSD PROJECT #129 — BRISTOL STREET THREE -PARTY AGREEMENT Mr. Hamers reported the final draft agreement has been sent and he has not received the originals for signature. The item was tabled to the October regular meeting. TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE — SEPTEMBER 14, 2006 (DIRECTORS FERRYMAN AND SCHAFER) Ms. Davis reported discussion at the meeting included the preparation of the check to the finance company to pay off the trash containers to complete the sale of the containers to CR &R. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 12 ATTORNEY'S REPORT SENATE BILL 1087 — SEWER SERVICE FOR AFFORDABLE HOUSING PROJECTS Mr. Burns provided a synopsis of Senate Bill 1087 - Sewer Service for Affordable Housing Projects, instituted to assure low income housing projects are able to obtain sewer service unless specific findings are made. Mr. Burns then presented the proposed ordinance: ORDINANCE NO. 56 ADOPTING POLICIES & PROCEDURES FOR THE PROVISION OF SEWER SERVICE TO DEVELOPMENTS WITH AFFORDABLE HOUSING COMPONENTS Mr. Hamers reported the CMSD does not have a capacity problem and has always reserved the capacity for which the original density was determined. Director Perry motioned to adopt Ordinance No. 56, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING POLICIES AND PROCEDURES FOR THE PROVISION OF SEWER SERVICE TO DEVELOPMENTS WITH AFFORDABLE HOUSING COMPONENTS. Director Worthington seconded. Motion carried 5 -0. SEWER LATERAL COMPLIANCE ORDINANCE Mr. Fauth reported the District hosted the first Costa Mesa Sewer Lateral Inspections /Maintenance Seminar on August 17, 2006 to help identify the best options to implement a sewer lateral inspection and upgrade program. Eleven community real estate and property management representatives were in attendance. Mr. Fauth provided a list of recommendations to the Board. An additional meeting is planned for October 2006 with inspectors and survey data from plumbing contractors in the area. SEWER LATERAL INSURANCE Mr. Burns reported the company representative for the sewer lateral insurance determined that in order to offer the program in California they would be required to have a broker's license, which they currently do not have. Mr. Burns will report back to the Board if the company does begin to offer the insurance in California. COMPLAINT -185 E. WILSON, RICHARD CHARLES ASTIN, JR. Mr. Burns has been reviewing the inverse condemnation exception from the memorandum of coverage and will be providing a report in the near future. Mr. Hamers reported the District is being represented by an attorney appointed by SDRMA. • • • • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 13 TECHNOLOGY RESOURCE CENTER AGREEMENT Mr. Burns presented a standard agreement between Technology Resource Center and the Costa Mesa Sanitary District. Mr. Fauth reported Technology Resource Center provides approximately 4 hours per month for hardware and software maintenance. Vice President Woodside motioned to approve the agreement with Technology Resource Center. Director Perry seconded. Motion carried 5 -0. AGREEMENT FOR EMERGENCY SERVICES — GCI CONSTRUCTION, INC. Mr. Burns presented a standard agreement between GCI Construction, Inc. and the Costa Mesa Sanitary District for emergency services. Director Perry motioned to approve the agreement with GCI Construction, Inc. Vice President Woodside seconded. Motion carried 5 -0. RESOLUTION NO. 2006 -727 ADOPTING A REVISED APPENDIX TO THE DISTRICT'S CONFLICT OF INTEREST CODE. Mr. Burns presented the District's Conflict of Interest Code. The code is reviewed biannually and an additional member of Mr. Burn's firm was added. Director Schafer motioned to adopt Resolution No. 2006 -727, A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS ADOPTING A REVISED APPENDIX TO THE DISTRICT'S CONFLICT OF INTEREST CODE. Director Perry seconded. Ayes: Directors Ferryman, Woodside, Perry, Schafer, Worthington Noes: None LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) — AUGUST 23, 2006 (PRESIDENT FERRYMAN) President Ferryman reported OCSD is beginning negotiations with four worker unions to assess their retirement benefits. President Ferryman and Doug Davert, Vice Chairman, are reorganizing the OCSD Board committees and their focus. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r SEPTEMBER 14, 2006 PAGE 14 SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (NEXT MEETING SCHEDULED FOR SEPTEMBER 28, 2006 The Santa Ana River Flood Protection Agency will be held on September 28, 2006. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER Director Schafer provided a copy of the upcoming meetings for distribution to the Board. ISDOC QUARTERLY MEETING - THURSDAY, AUGUST 31, 2006 Director Schafer attended the Quarterly Annual Meeting on August 31, 2006, and reported the following: • Neil McCormick was the speaker and provided a presentation entitled "What can CSDA do for you ?" • Director Schafer provided update on CSDA • John Withers provided an update on LAFCO • Susan Hinman, (MWDOC) and Kelly Hubbard, (WEROC) provided a report on the County of Orange Operational Area. • The slate of nominees for the 2007 -08 ISDOC Executive Committee are: President - Jan Debay, Orange County Water District 1 st Vice President - Bob Moore, South Coast Water District 2nd Vice President - Glenn Acosta, Trabuco Canyon Water District 3rd Vice President - Saundra Jacobs, Santa Margarita Water District Secretary - Mona Hanif - Nemat, Law Firm of McCormick, Kidman & Behrens Treasurer - Joan C. Finnegan, Municipal Water District of Orange County • October 3, 2006 was scheduled as the next Executive Committee meeting date. Directors Worthington, Perry, Ferryman, and Woodside also attended the ISDOC meeting and concurred with Director Schafer's report. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) Director Schafer reported she attended the LAFCO meeting on September 13, 2006, where they discussed MSRs and reported on the CAL LAFCO Annual Conference in San Diego. MSRs must be completed by January 1, 2008. LAFCO will be meeting on the Newport Beach and Costa Mesa annexation issue. Newport Beach also submitted an application for sphere of influence change for the area from Mesa Drive to University. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 15 • CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Director Schafer has participated in numerous conference calls for CSDA in order to save travel expenses. The annual meeting will be held September 25 -28, 2006 in Lake Tahoe. CSDA is working on a joint meeting between CSDA and SDRMA. CSDA BOARD OF DIRECTORS ELECTION 2006 BALLOT FOR REGION 6, SEAT A Director Schafer reported two candidates are running for the CSDA Board of Directors - James Doud and Jo MacKenzie. Director Schafer motioned to support Jo MacKenzie. Vice President Woodside seconded. Motion carried 5 -0. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030 WACO Director Schafer attended the WACO meeting and reported Guest Speaker Gary Klein presented "How Changing Energy Costs and Demands are Affecting Water Management and Planning." Director Worthington attended the WACO meeting and reported the speaker described how the earth has been changing over the last 400,000 _years. Director Worthington noted the speaker appeared to have difficulty answering certain questions from the audience. OLD BUSINESS Mr. Burns reminded the District about Government Code Section 84305 regarding contributions and voting. Mr. Burns attended a seminar and advised the Board about Proposition 90 and price adjustment clauses in contractor agreements. President Ferryman reported the property at Fairview and Wilson that the Board had previously been considering for purchase as a District yard has been sold and is currently in escrow. Mr. Lusk left the meeting at 8:20 p.m. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 14, 2006 PAGE 16 - NEW BUSINESS LAFCO MUNICIPAL SERVICE REVIEW (MSR) Mr. Flamers reported he and Ms. Revak compiled a large packet of requested documentation for Bob Aldrich of LAFCO to assist in the MSR. President Ferryman gave accolades to the Staff for their work on the LAFCO MSR preparation. CHRISTMAS 2006 EVENT Board reviewed possible dates for a Christmas 2006 dinner and decided on December 7, 2006, at 6:00 p.m., with Mr. Fauth hosting the event at his residence. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS President Ferryman thanked Director Worthington and his wife for hosting the summer dinner at their home. President Ferryman recognized Mr. Bob Ooten in attendance at the meeting. rY reco g ADJOURNMENT At 8:27 p.m., President Ferryman adjourned the meeting. SECRETARY PRESIDENT C] 7 0 0 An—A-Aesa Consolidated mater District CITY /DISTRICTS LIAISON COMMITTEE MEETING MINUTES FRIDAY, September 22, 2006 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, 1St Vice President Trudy Ohlig -Hall, Vice President Victoria Beatley, Interim General Manager City Committee Members: Allan Mansoor, Mayor Allan Roeder, City Manager Absent Eric Bever, Mayor Pro Tern CMSD Committee Members: James Ferryman, President Greg Woodside, Director Rob Hamers, Manager /District Engineer Tom. Fauth, Assistant Manager Joan Revak, Board Secretary/Program Manager/ Clerk of the District Discussion was held on the following items: 1. Presentation on Geo -based Information Software (City) Allan Roeder introduced Steve Mandoki and Rick Kirkbride of the City along with the City's consultant in charge of the GIS system, Kyler Diershaw. Mr. Kirkbride presented the history of the City's system and explained that GIS is the building of layers of computer data such as aerial photogrammetry, addresses, parcel sizes, building • locations, street improvements, fire hydrant locations, zoning, planning, utility locations, CITY /DISTRICTS LIAISON COMMITTEE MEETING September 22, 2006 MINUTES Page 2 and other information. The City is able to use the instantaneous retrieval of information to understand the parameters of an existing situation and to more effectively plan for the future. An example of the use of GIS is the ability of one City's fire department to respond to a fire in another City with an instantaneous understanding of the location of structures, fire hydrants, traffic patterns, strategic mobilization points, etc. The City began developing its GIS system in 1999 and has used a combination of developing its own data, sharing information, and purchasing base layers. The City has a cost effective small workforce consisting of employees and consultants. The City's consultant also develops GIS systems for other cities and agencies. 2. Update on Annexations (City) Mr. Roeder gave a thorough explanation of the meetings with the City of Newport Beach and Orange County LAFCO along with the report by LAFCO's consultant regarding the annexation of various areas of unincorporated Orange County. The City of Newport Beach has been unwilling to consider any position other than total acceptance of their proposals and desires. LAFCO has responded by considering that leaving the existing Spheres of Influence in place is probably the best course of action and that future annexation proposals will be rejected. Additional meetings are scheduled. 3. CMSD Trash Collection Program (CMSD) Mr. Hamers explained how the sharply increasing trash tonnage collected from the 21,300 residents served by the District has resulted in equivalent increases in trash collection rates. After having been historically level at 35,500 tons per year, the tonnage increased 30% in five years. In order to fairly allocate the cost of collecting and recycling the additional tonnage, the Sanitary District instituted a variable rate program where heavy users pay $8 per month for each container over the first two containers. The variable charge program complies with AB 939, Proposition 218, the City's 1989 Source Reduction and Recycling Element (SRRE), and a practicable application of appropriately allocating the cost of service. President Ferryman and Mr. Fauth explained the "grandfathering in" of existing residents and the special considerations given to senior citizens, the physically challenged, and those with economic limitations. 4. Residents on Charleston Street to Receive Notice of Encroachment into OCSD Easement (CMSD) President Ferryman is also President of the Orange County Sanitation District Board of 40 Directors and explained OCSD's inability to access a major sewer line in the backyards of various parcels on Charleston Street due to the illegal construction of rear yard CITY /DISTRICTS LIAISON COMMITTEE MEETING September 22, 2006 MINUTES Page 3 improvements. OCSD has managed to have the majority of homeowners remove the encroachments, however, a strongly worded letters is being sent to a few residents who have failed to conform. 5. Fairview Sidewalk (Mesa Water) In response to Director Atkinson's request for consideration of constructing one of the missing -link sections of City sidewalk, Mr. Roeder gave a presentation on the significant and costly amount of missing sidewalk. Mr. Roeder explained how the City prioritized the missing sidewalk by use, such as having hospitals and schools having the highest priority. Mr. Roeder also explained that the City budgets approximately $100,000 per year but will continue considering Director Atkinson's recommendation. - Public Comments No members of the public were present. The next Liaison Committee meeting was scheduled for Friday, December 15, 2006, 7:30 a.m., at the Costa Mesa Sanitary District's offices at 628 W.19th Street, Costa Mesa. • The meeting was adjourned at 9:30 a.m. Arthur Perry, Secretary Costa Mesa Sanitary District • James Ferryman, President Costa Mesa Sanitary District COSTA MESA SANITARY DISTRICT MINUTES OF STAFF MEETING SEPTEMBER 13, 2006 The Costa Mesa Sanitary District Staff met at 10:00 A.M. at 628 W. 19th Street, Costa Mesa. Staff Present: Rob Harriers, Tom Fauth, Joan Revak, Wendy Davis, Sherry Kallab, Denise Gilbert, Debbie Bjornson, Karl Dulake CMSD Staff met to discuss personnel issues. I. OPEN ENROLLMENT - HEALTH BENEFITS Ms. Kallab provided medical health benefit packages for Kaiser Permanente and advised packages from the other CalPERS medical benefit providers should arrive this week, noting the Open Enrollment period is September 1 -30, r2006. The Open Enrollment period provides a designated time when employees can elect to change medical insurance plans. Additionally, CalPERS offers Retirement and Financial Planning seminars and all District Staff indicated their desire to receive a presentation from a CalPERS representative at District Headquarters. Ms. Kallab will schedule the seminar with CalPERS for October 6 or October 20, 2006. Also provided was information on the ICMA -RC Retirement Health Savings and Staff also desires a presentation from ICMA -RC and Ms. Kallab will schedule. II. FLOATING HOLIDAY POLICY The policy on floating holidays was discussed and it was determined the policy on the two floating holidays would be to pay employees at the end of the fiscal year if they had not yet taken the hours off. Mr. Fauth will amend Section 10 of the Personnel Rules and Regulations to reflect this policy on floating holidays. Additionally, it was noted that Karl Dulake lost 17 hours and Debbie Bjornson lost 19 hours at the end of the 2005 -2006 fiscal year and it was decided to pay Debbie and Karl for the lost hours. U III. ORGANIZATIONAL CHART Costa Mesa Sanitary District 'Minutes of Staff Meeting September 13, 2006 Page 2 Mr. Fauth presented a revised organizational chart reflecting all the positions within the District including District contractors. Mr. Hamers reported the Board of Directors is desirous of a Receptionist to ensure that phone calls are answered promptly and directed to the appropriate personnel. The Receptionist will be capable of performing other work to assist in other areas and will be under the supervision of Ms. Revak. The subject is on the Agenda for the regular Board of Directors meeting on September 14, 2006. The next meeting on Personnel Issues is scheduled for Wednesday, December 13, 2006 at 10:00 a.m. The meeting was adjourned at 12:00 p.m. Protecting our community's health by providing solid waste and sewer collection services. crosdca.gov I� U C7 ,:A� 4-4 &b ,a SANITA-9ZY DisTRicT 1 'v f. PROJECT STATUS REPORT October 2006 Project 1112100 -101 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. Proiect 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 findings. The agreement is being reviewed by the three agencies. Proiect 1112100-135 Reconstructing Force Main for Elden Pumping Station (Phase II) 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. Proiect 1112100 -159 Televisinq 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. 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. Project 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 by providing soCul waste and sewer collection services. crosdcagov