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Agenda Packets - Board - 2008-05-22• I. II. III Costa Mesa Sa_nita-r Disvrict an Independent Special District Arlene Schafer Vice President Jim Ferryman Director Art Perry President Bob Ooten Secretary Gary Monahan Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non- agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda' items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 19'h Street, Costa Mesa, California. The Clerk of the District may be contacted at (949) 645 -8400, ext. 223. In Compliance with ADA: Contact Joan Revak, (949)645 -8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting — Thursday, May 22, 2008 CALL TO ORDER — 5:30 p.m. — 628 W. 19th Street, Costa Mesa PLEDGE OF ALLEGIANCE — Director Schafer INVOCATION — Thomas Fauth IV. ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) RECOMMENDED ACTION 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 — April 21, 2008 2. Regular Board of Directors Meeting — April 21, 2008 Protecting our community's health Ivy ' providing solid waste and sewer collection services. s. Costa Mesa SanitarN District AGENDA May 22, 2008 Page 2 ® RECOMMENDED ACTION 3. Sewer System Committee Meeting — May 14, 2008 4. Special Meeting — May 1, 2008 Manager's Reports 5. Refunds No Refunds 6. Occupancy Report and payment to Costa Mesa Disposal — May 2008 Approve 7. Monthly SSO Report to State Water Resources Control Board Receive & File 8. Minutes of Human Resources Meeting held May 14, 2008 Receive & File Engineer's Reports 9. Project Status Report Receive & File Treasurer's Reports 10. Financial Reports as of April 30, 2008 Approve 11. Treasurer's Reports as of April 30, 2008 Approve 12. Warrant Register for the month of April 2008 in the amount of Ratify Payments $663,490.14 13. Directors' Compensation and Reimbursement of Expenses for the Approve Compensation Month of April 2008 & Ratify Expenses -------------------------------------- - - - - -- -END OF CONSENT CALENDAR-------------------------------------- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. CMSD History of Special Meetings, Ad Hoc Committees and Standing Committees B. Presentation on Options for Charpginq Emolovees' CalPERS Retirement Forp%ila Possible Need Tor Cldsed Sessi56 Nursuarifto Gov.-Code 54957.6 to Instruct Negotiator on District's Position regarding same Negotiator: Rob Hamers Employees: All Unrepresented Employees • C. District Yard — 174 W. Wilson Street — CMSD #187 1. Update on Design Phase Verbal Report by Manager /District Engineer Consider Options Accept Report 2. Temporary Lease with Contractor for Mesa Consolidated Water District Approve Agreement Protecting our community's Health by providing solid waste anal sewer collection services. www.crosdcaAov Costa Mesa Sanitar,9 District. May 22, 2008 .AGENDA Page 3 RECOMMENDED ACTION D. CMSD Strategic Plan 1. Year 2007/2008 Additional Strategic Planning Action Items Accept Report a. Special District Leadership Foundation (SDLF) Accept Report E. Sewer System Committee 1. Report on meeting held May 14, 2008 Accept Report 2. CMSD FTP !z; +- -s Potential Hnqt fnr R?nional Education Materials Consider 3. Potential Transfer of OCSD Sewers to CMSD Update 4. Project #186 Sewer Lateral Assistance Program Update 5. Presentation of CMSD Sewer Lateral Assistance Program at CWEA Approve Submittal of Annual Conference in Palm Springs - April 28 -May 1, 2009 by Abstract to CW EA & Assistant Manager Presentation by Assistant Manager F. Recycling Reports 1. Waste Diversion Report - April 2008 Receive & File G. Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for April 2008 Services Ratify H. Ordinance Enforcement Officer's Report Accept Report I. SDRMA 1. Equipment Lost in Fire Accept Report 2. Theft of Power Cables Accept Report J. Spring 2008 Newsletter (Trash) Update K. City /Districts Liaison Committee Meeting - Friday, May 16, 2008 Accept Report L. Subcommittee to Liaison Committee on City Tree Roots Verbal Report M. Recycling Committee- Monday, May 19,2008,12:00 p.m., CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Ooten and Schafer) 1. Recycling Committee Goals for 2007/2008 Receive & File 2. Partnership with Costa Mesa High School Life Science Academy; Accept Report • Assist in Expanding Recycling Programs Protecting our community's health by providing solid waste and sewer collection services. www.crosdcaAov Costa Mesa Sa vl.itarN District AGENDA • 3. IWMD Sub - Regional Meetings and Grant Program a. Composting Demonstration at Macy's South Coast Plaza Home Store held April 26, 2008 b. Composting Seminar Event Hosted by the City of Costa Mesa and CMSD c. Status of Collection of Batteries and CFLs at Orange Coast College Recycling Center 4. "Zero Waste" 5. Large Item Collection — June 16 — August 22, 2008 ` 6. Qonversion Technologies 7. Heport on Other CMSD Recycling Programs IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) B. Conversion of "Fixture Fees" to "Capacity Charges" TREASURER'S REPORTS A. Resolution No. 2008 -752 Adopting Budget for Fiscal Year 2008 -2009 B. Investment Oversight Committee Meeting Thursday, May 22, 2008 (Directors Ooten and Ferryman) C. CR &R - Resolution of Contractual Interpretations 1. Fiscal Year 2007 -2008 D. County of Orange Waste & Recycling 2007 Annual Report XI. ATTORNEY'S REPORT'S A. District/CCM /OCC Recycling Center Agreement B. Letter to CR &R Regarding Additional Container Money' and Response from CR &R C. Reimbursement of Costs for Distribution of Age _ Members of the Public D. Ordinance No. 68 Settina Forth Conflict Avoidance Procedures for the ® District's Engineer - N -SuD)i May 22, 2008 Page 4 RECOMMENDED ACTION Consider Accept Report Accept Report Accept Report Accept Report Accept Report Discussion Accept Report Update Verbal Update Adopt Resolution Accept Report Accept Report Accept Report Approve Accept Report Consider Options Adopt Ordinance Protecting our community's health by providing solid waste and sewer collection services. www.crosdcagov Costa Mesa Samta'q District May 22, 2008 • AGENDA Page 5 RECOMMENDED ACTION E Resolution No. 2008 -750 Ordering that Publication of Ordinance No. 66 Adopt Resolution Adopting a Preference and Exception for Environmentally Friendly PrAducts in Purchasing has Occurred F Resolution No. 2008 -751 Ordering that Publication of Ordinance No. 67 Adopt Resolution Authorizing Access to State Summary Crirginal History Information for Employment Purposes has Occurred XII. LOCAL MEETINGS (Includes Reports by all Directors Representing CMSD) A. Orange County Sanitation District (OCSD) Accept Report B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report �. Independent Special Districts of Orange County ( ISDOC) Accept Report (Director. Schafer) 1. Quarterly Meeting at MWDOC /OCWD Joint Board Room Consider Attendance on Thursday, May 29, 2008 — 11:30 a.m. — 1:00 p.m. Election of ISDOC Representative to LAFCO Local Agency Formation Commission ( LAFCO) Accept Report -. California Special Districts Association (CSDA) Accept Report (Director Schafer) 1. CSDA 2008 Special Districts Legislative Day — May 12, 2008 Accept Report Sacramento 2. CSDA Board of Directors — Call for Nominations Consider Nomination - 11�. California Association of Sanitation Agencies (CASA) Accept Report 1. CASA Spring Conference at Squaw Creek (April 23 -26) Accept Report (Attended by Directors Schafer, Ooten and Ferryman) 2. Private Lateral Task Force Report by Director Ooten 4;. Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD XIII. OLD BUSINESS XIV. NEW BUSINESS A. Election — November 4, 2008 Accept Report B. Request by Director Ooten to Reschedule the Monday, July 21, 2008 Consider Recycling Committee meeting to Monday, July 14, 2008 C. Request by Director Ooten to Reschedule the Thursday, July 24, 2008 Consider Regular Board Meeting to Thursday, July 17, 2008 Protecting our community's Health by providing solid waste and sewer coClection senvices. wu ,qov Costa Mesa. Sanitary District AGENDA • XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT • May 22, 2008 Page 6 RECOMMENDED ACTION Protecting our community's health by providing solid waste and sewer collection semices. www.crosdcaAov 5 -22 -08 INVOCATION Heavenly Father, We gather together this evening to give the best of ourselves in reaching the best decisions for our community and the District. We solicit Your warmth, kindness and generosity to shine on those protecting our nation and the principles guiding our group's intentions this evening. We also take this moment in the aftermath of the Myanmar typhoon and China earthquake disasters to ask for Your assistance to those in need. We pray for Your kindness for the victims and recovering survivors while simultaneously expressing our deep gratitude for the continued safety You have provided our community. We ask this with our deepest reverence, Amen. COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING April 21 2008 The Costa Mesa Sanitary District Recycling Committee met at 12:00 p.m. at 628 W. 19th Street, Costa Mesa. Directors Present: Bob Ooten Art Perry Staff Present: Rob Harriers, Tom Fauth, Joan Revak, Sherry Kallab, Denise Gilbert, Janel Jackson Director Ooten called the meeting to order at 12:00 p.m. • I. Recycling Committee Goals The Committee reviewed the Recycling Committee goals. • 11. Partnership with Costa Mesa High School Life Science Academy; Assist in Expanding Recycling Programs Ms. Jackson reported CR &R will provide Costa Mesa High School Life Science Academy with trash containers to collect trash on Thursday, April 22, 2008 and take it to a location to characterize the contents. Mr. Harriers commented the basis for reducing trash is to understand the type and amount of each waste. III. IWMD Sub- Regional Meetings and Grant Program Mr. Fauth provided a letter from the OC Waste & Recycling advising the District it will receive $20,000 within the next two weeks based on the OC Board of Supervisors' approval of the Grant. The District is required to submit quarterly and annual updates throughout the duration of the program. The District and City plan to form a partnership' with the Orange Coast College Recycling Center. Mr. Fauth requested Curbside to submit a proposal to the District on collecting CFLs and batteries at the OCC Recycling Center. Protecting our community's health by providing solid waste and sewer col<ection services. www.crosdcagov IV. Unsolicited Documents Costa Mesa Sanitary District Minutes of Recycling Committee Meeting April 21, 2008 Page 2 Staff provided documentation on how various cities in California deal with distribution of unsolicited documents to residents. The District will place this item on the Agenda for the next City /Districts Liaison Committee on May 16, 2008. V. Zero Waste The concept of Zero Waste was brought up and Staff discussed the potential for adopting a "zero waste" policy. The Committee will recommend the Board consider the concept at the 2009 strategic planning meetings. VI. Request from Macy's South Coast Plaza Home Store to Participate in Composting Demonstration on April 26, 2008 The District accepted the invitation from Macy's South Coast Plaza to present a composting demonstration at their Home Store on Saturday, April 26, 2008 at 1:00 p.m. CMSD Staff made arrangements with Mr. Patrick McNelly of the Orange County Sanitation District to present a composting demonstration and he will have an "Earth Machine ". The District will provide a composting bin and will take orders from attendees wanting to purchase a bin at a nominal charge of $20.00. Cost of the bins is $89.50 per bin plus shipping and handling. The City of Costa Mesa is agreeable to using Grant money on this project. Mr. Fauth presented a flyer demonstrating how a composting bin works. Flyers and literature will be available at the event. VII. Payment of $100 to Brownie /Junior Girl Scout Troop #226 for Recycling Efforts The District received a thank you letter from Brownie /Junior Girl Scout Troop #226 for teaching the group about recycling plastics. The troop collected several pounds of plastic bottles and aluminum cans and took them to the OCC Recycling Center. The District offered $100 to the group for their recycling efforts with proof from the Recycling Center of their participation. VII. Payment of $100 to Campfire USA for Recycling Efforts The District also received proof of participation by Campfire USA in recycling plastic bottles and aluminum cans. The Recycling Committee will recommend the Board of Directors approve payment to Campfire USA and the Brownie /Junior Girl Scout Troop #226 for their efforts. Protecting our community's Health by providing solid waste and sewer collection services. www.crosdcagov • n U U 1] `Sp saNi rRHYe yddrq a Costa Mesa Sanitary District Minutes of Recycling Committee Meeting April 21, 2008 Page 3 IX. Report on Other CMSD Recycling Programs It was reported that Goodwill is now collecting electronics, however, they do not collect CFLs or batteries. Mr. Fauth provided a HHW cost breakdown as of March 1, 2008 showing invoicing from Curbside and explained how the program is set up. The District receives a discount through a City of Costa Mesa Used Oil Grant, which pays for collection of oil and oil filters and HHW. However, on June 30, 2008 the program will come to a halt as the City of Costa Mesa will eliminate curbside pickup of HHW for City residents. CMSD rates will change because the District will no longer have reduced costs. Mr. Fauth is currently in negotiations with Bill Anderson of Curbside. X. Public Comments No members of the public were in attendance. Director Ooten adjourned the meeting at 1:10 p.m. Secretary President Protecting our community's health by providing solid waste and sewer coffection services. www.crosdcagov 0 Is E, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING_ APRIL 21, 2008 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on April 21, 2008, at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: President Perry called the meeting to order at 5:30 p.m. Director Ferryman led the Pledge of Allegiance. Mr. Fauth gave the invocation. Art Perry, Bob Ooten, Arlene Schafer, Gary Monahan, James Ferryman None STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Marc Davis, Treasurer; Sherry Kallab, Management Analyst; Denise Gilbert, Public Outreach Coordinator; Debbie Bjornson, Permit Processing Specialist; Janel Jackson, Office Specialist II; Ron Shef, Ordinance Enforcement Officer OTHERS PRESENT: Mr. Dan Worthington, 2963 Mindanao Drive, Costa Mesa Ms. Joyce Crosthwaite, LAFCO Executive Officer 12 Civic Center Plaza, Santa Ana ,�iS ?`tasirawr . 4Fpa_{4D �- COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 PAGE 2 CONSENT CALENDAR ................................ Director Schafer requested the following revisions to the Regular Board Meeting Minutes of March 27, 2008: 1. Eliminate "the Mayor of Irvine will provide entertainment at the annual conference" on page 18. 2. Eliminate "Director Schafer did not attend the meeting" on page 18. 3. Page 19, under Chamber of Commerce Meeting, revise to state Director Schafer attended the Chamber of Commerce meeting on March 5, 2008 and not Director Ooten. Director Schafer motioned to approve the Consent Calendar with stated revisions. Director Ooten seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of the Sewer System Committee Meeting — April 9, 2008 Minutes of the Recycling Committee Meeting — March 24, 2008 Minutes of Regular Meeting — March 27, 2008 MANAGER'S REPORTS REFUNDS The Minutes of the Sewer System Committee Meeting of April 9, 2008, were approved as distributed. The Minutes of the Recycling Committee Meeting of March 24, 2008, were approved as distributed. The Minutes of the Regular Meeting of March 27, 2008 were approved as with stated revisions. There were no refunds for the month of March 2008. r • • COSTA MESA SANITARY DISTRICT `sneiiaQ`:.; MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a APRIL 21, 2008 aoRPOa %` PAGE 3 Occupancy Report and The Trash Occupancy Count documented an Payment of $196,401.64 increase of 18 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as . of April 1, 2008. April 2008 Therefore, the total for April is 21,452. Monthly Spill Report to State Water Resources Control Board Minutes of Human Resources Meeting held March 19, 2008 Minutes of Human Resources Meeting held April 10, 2008 Minutes of Human Resources Meeting held April 14, 2008 ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial Report as of March 31, 2008 • Board directed Staff to prepare a warrant for $196,401.64 for April 2008 collection based on occupancy report. Said payment in the amount of $196,401.64 to Costa Mesa Disposal to be ratified on the May 2008 warrant register. The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for March 2008 was accepted as submitted. The minutes of the Human Resources meeting held March 19, 2008 were accepted as submitted. The minutes of the Human Resources meeting held April 10, 2008 were accepted as submitted. The minutes of the Human Resources meeting held April 14, 2008 were accepted as submitted. The Project Status Report dated April 2008 was accepted as submitted. The Financial Report as of March 31, 2008 was accepted as submitted. COSTA MESA SANITARY DISTRICT Hwy' gyp' MINUTES OF BOARD OF DIRECTORS REGULAR MEETING y APRIL 21, 2008 c PAGE 4 Treasurer's Report as of March 31, 2008 Warrant 2008 -10 for March 2008 in the amount of $905,643.83 The Treasurer's Report as of March 31, 2008 was accepted as submitted. Warrant Resolution #CMSD 2008 -10 was approved, authorizing the President and Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $905,643.83. Directors Expenses for the Director Compensation and Expense Month of March 2008 Reimbursements for the Month of March 2008 were approved and ratified as follows: Director Ferryman: $1326.00 President Perry: $663.00 Vice President Schafer: $1326.00 + $10.10 Director Ooten: $1326.00 + $13.33 Director Monahan: $442.00 .......................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATION Ms. Revak reported no written communications were received. PUBLIC COMMENTS MANAGER'S REPORTS UPDATE ON ANNEXATION APPLICATIONS IN NEWPORT BEACH AND COSTA MESA Ms. Joyce Crosthwaite of LAFCO presented an update on the status of annexing the unincorporated islands in and around Costa Mesa. Property owners of the Santa Ana Country Club, and in nearby areas of Costa Mesa, and LAFCO are at a stalemate at this point. 0 COSTA MESA SANITARY DISTRICT Axrgw' s MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 PAGE 5 DISTRICT YARD —174 W. WILSON STREET — CMSD #187 Mr. Hamers reported the design .phase is presently planned to have the building accredited at the "Gold" level and the building will be state of the art in the area of energy savings such as the use of light and air as well as solar, and through the use of recycled materials. Director Schafer arranged for a consultant from Southern California Edison to visit the District and the representative was very impressed with the energy issues already resolved due to the implemented integrated design. SCE has an incentive program the design team is considering. CMSD STRATEGIC PLAN YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS SPECIAL DISTRICT LEADERSHIP FOUNDATION (SDLF) Ms. Revak reported a Governance class will be held in conjunction with the CSDA Conference in Irvine in September. Ms. Revak will provide details to Director Monahan. SEWER SYSTEM COMMITTEE REPORT ON MEETING HELD APRIL 9, 2008 Director Monahan presented the discussion from the April 9, 2008 meeting. CMSD FTP SITE AS POTENTIAL HOST FOR REGIONAL EDUCATION MATERIALS Mr. Hamers reported Director Ferryman suggested OCSD be considered to host the Regional Education Materials. Mr. Hamers stated he is investigating the cost and there are some software programs available and he is assembling for the Board's information. POTENTIAL TRANSFER OF OCSD SEWERS TO CMSD Director Monahan stated he had no new information on the sewer transfer and Mr. Burns stated he did not have an update. Director Ferryman stated the transfer of sewers will go through and it requires time for the process. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 PAGE 6 CMSD SEWER CREW WORK SCHEDULE Mr. Hamers reported the field crew is working very well and handling hot spots among other responsibilities. The crew is set up to go through CWEA training and it will be beneficial in the long -term by reducing contractor costs as well as providing better service. Director Ooten inquired of the work hours of the crew and Mr. Hamers stated the crew works a 9/80 schedule. RECYCLING REPORTS WASTE DIVERSION REPORT - MARCH 2008 Ms. Revak presented the Waste Diversion Report for March 2008 showing a 50.41% diversion rate. Director Monahan motioned the Waste Diversion Report be received and filed. Director Schafer seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR MARCH 2008 SERVICES Ms. Revak presented the invoices for March 2008 recycling services and disposal. Director Ferryman motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of March 2008 in the amount of $175,906.73. Director Schafer seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of March 2008 in the amount of $6,810.01. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None , COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 PAGE 7 ORDINANCE ENFORCEMENT OFFICER'S REPORT Mr. Shef provided a report for the period of March 2008. Mr. Shef reported he informed residents all recyclables should go inside the containers, with nothing left on the outside, to discourage scavenging; and if residents wanted to leave items fore pickup to do so on their property near the garage. Mr. Shef reported he is following various trucks in various routes on a Monday through Friday schedule. Although Mr. Shef does not have all the data, he reported most of the drivers are complying with the District's requirements. Mr. Hamers explained the new route - monitoring program includes keeping track of complaints of certain drivers in the event complaints regarding the same driver. recur there will be a record of that driver's work habits. SUBCOMMITTEE TO LIAISON COMMITTEE ON CITY TREE ROOTS Mr. Hamers suggested sending another email to City of Costa Mesa, City Manager, Allan Roeder, due to the lack of response from the City. Director Monahan suggested it be signed by a Board member and to send a copy to the Mayor. Director Monahan reported Commissioner Harris contacted him regarding a tree removal request at the Parks Commission. Mr. Hamers reported he sits on a regional committee and is aware of city policies throughout central and northern Orange County and reported that every city takes responsibility for city tree roots. Mr. Hamers inquired if the Board chooses to pursue the issue and President Perry affirmed. Director Ferryman suggested, and it was agreed, to place the item on the City /Districts Liaison Committee meeting in May. Director Monahan suggested, for a more expeditious response, sending a letter to the Mayor and copy City Manager Allan Roeder. Mr. Hamers will draft the letter. SDRMA EQUIPMENT LOST IN FIRE Mr. Fauth reported a case file was established and submitted for the equipment lost in the fire. The replacement value is $255,000. COSTA MESA SANITARY DISTRICT, s�3 �7Fk` MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a APRIL 21, 2008 dpi ¢ PAGE 8 THEFT OF POWER CABLES Mr. Fauth reported a case file was established and submitted for the theft of the power cables at the Orange County Fairgrounds, which amounted to approximately $6,000. SPRING 2008 NEWSLETTER (TRASH) Mr. Hamers reported production of the spring newsletter is on schedule and will go to press shortly. Ms. Jackson, with oversight from Mr. Hamers and Ms. Revak, drafted the articles and designed the newsletter with an updated appearance. With Ms. Jackson's graphics capabilities and the ability to design in- house, the District will realize a cost savings. INCREASE IN DISTRICT'S MONTHLY CONTRIBUTION TO EMPLOYEES' FLEXIBLE BENEFIT ACCOUNTS RETROACTIVE TO .JANUARY 1, 2008 Ms. Revak reported the City of Costa Mesa in negotiations with the Employee's Association increased their contribution to the flexible benefit account. It was increased effective January 1, 2008 in the amount of $125 per employee. District Staff requests an increase in their-flexible benefit account to maintain the same or equal benefits of the City. Director Ferryman questioned if medical coverage costs have increased commensurate with the City's. Mr. Davis stated there is some debate as to whether $799 fully covers employee's medical benefits. Mr. Hamers stated Staff researched the subject and believes the increase is appropriate and Staff verified there are sufficient funds budgeted to cover the increase. Ms. Revak reported Staff will also revisit the issue in September 2008, similar to the City of Costa Mesa, when notification of increased rates is provided from insurance carriers. Director Ooten motioned to approve the increase. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 "A PAGE 9 PRESENTATION ON OPTIONS FOR CHANGING EMPLOYEES' CALPERS RETIREMENT FORMULA Mr. Hamers presented options for changing CMSD employees' retirement formula to increase the benefits as he believes District employees deserve the equivalent of the state -wide majority of newly revised retirement plans. Mr. Hamers stated when this was considered at Staff level, Mr. Fauth adopted a very conservative approach to any increases, and even .though Mr. Fauth is subject to the program, he is half of personnel management of the District and the Board may want to consider his presence in the closed session. Mr. Burns requested moving the agenda item to the end of the meeting. Mr. Hamers will be the employees' representative and Mr. Burns stated Mr. Fauth should not be present in the closed session in compliance with the Brown Act. RECYCLING COMMITTEE — MONDAY, APRIL 21, 2008 —12:00 P.M., CMSD BOARDROOM, 628 W. 19T" STREET, COSTA MESA (DIRECTOR OOTEN) RECYCLING COMMITTEE GOALS FOR 2007/2008 Director Ooten reported the Recycling Committee met on April 21, 2008, and there are no changes in the Recycling Committee goals. PARTNERSHIP WITH COSTA MESA HIGH SCHOOL LIFE SCIENCE ACADEMY; ASSIST IN EXPANDING RECYCLING PROGRAMS Mr. Burns researched partnering with Orange Coast College with the grant funds and confirmed it would not present a problem. Mr. Burns reported it would be the same as using a contractor. UNSOLICITED DOCUMENTS Director Ooten recommended an approach for residents to not receive unsolicited documents is to post a "No Soliciting" sign at their property, which may deter people from leaving soliciting documents. Director Ooten reported the item is appropriate for the upcoming Liaison Committee meeting and Ms. Revak noted the item has been included on the May 16, 2008 City /Districts Liaison Committee meeting. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 PAGE 10 "ZERO WASTE" Director Ooten reported Mr. Hamers met with CR &R regarding conversion technologies available that, for an additional cost, could provide substantial additional reduction in materials going to the landfills. Director Ooten requested Staff bring a recommendation back to determine if there are any intermediate steps Staff could recommend, with a cost attached, to improve the CMSD recycling rate. REQUEST FROM MACY'S SOUTH COAST PLAZA HOME STORE TO PARTICIPATE IN COMPOSTING DEMONSTRATION ON APRIL 26, 2008 At the request of Macy's South Coast Plaza Home Store, District Staff will provide a composting demonstration on Saturday, April 26, 2008 at 1:00 p.m. Mr. Patrick McNelly of the Orange County Sanitation District will present a composting demonstration and will have an Earth Machine. Composting bins are being provided and Staff will take orders to purchase composting containers to interested residents. There will be a $20.00 charge to residents desiring a bin to ensure they are serious about recycling /composting and not just wanting a "freebee ". Mr. McNelly will be paid $100 /hour with funds from the Grant. Staff will also make available CDs and other District publications. PAYMENT OF $100 TO BROWNIE/JUNIOR GIRL SCOUT TROOP #226 FOR RECYCLING EFFORTS The District received a thank you letter from Brownie /Junior Girl Scout Troop #226 for teaching the group about recycling plastics. The troop collected several pounds of plastic bottles and aluminum cans and took them to the OCC Recycling Center. The District offered $100 to the group for their recycling efforts with proof from the Recycling Center of their participation. Director Schafer motioned to approve the $100 payment. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None PAYMENT OF $100 TO CAMPFIRE USA FOR RECYCLING EFFORTS Director Ooten reported the District also received proof of participation by Campfire USA in recycling plastic bottles and aluminum cans. The Recycling Committee recommends the Board of Directors approve payment to Campfire USA and the Brownie /Junior Girl Scout Troop #226 for their efforts. • w r� LJ COSTA MESA SANITARY DISTRICT = v, MINUTES OF BOARD OF DIRECTORS REGULAR MEETING °T APRIL 21, 2008 `POgan�',f, PAGE 11 Director Schafer motioned to approve the $100 payment. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None REPORT ON OTHER CMSD RECYCLING PROGRAMS Director Ooten reported Goodwill is now accepting electronic waste Mr. Fauth reported a conversation with Mike Carey of the OCC Recycling Center informing him of their celebration of Earth Day that took place. Approximately 180 visitors came through and Mr. Carey distributed flyers provided by the District. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers reported an upcoming seminar on May 15, 2008 on CIP installation and setting up a bypass. Mr. Hamers is in charge of the Education Committee and makes arrangements to locate speakers and give presentations. Mr. Hamers encouraged Staff members to attend. CONVERSION OF "FIXTURE FEES" TO CAPACITY CHARGES" Mr. Hamers will meet with Mr. Burns, Mr. Davis and Mr. Fauth to continue work on the nomenclature of the fees, their usage and reporting requirements and will eventually present a resolution to change the fee structure. TREASURER'S REPORTS DISTRIBUTION OF PRELIMINARY BUDGET FOR FISCAL YEAR 2008 -2009 Mr. Davis distributed the Preliminary Budget for Fiscal Year 2008 -2009 to be discussed at the May 1, 2008 Special Meeting being held at the CMSD at 5:30 p.m. BUDGET ADJUSTMENT FOR PROJECT #186 — SEWER LATERAL PROGRAM Mr. Davis requested an additional appropriation of $50,000 from the Operating Reserve to continue the Sewer Lateral Program. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 PAGE 12 rea,•^ - Mr. Davis reported the Operating Reserve is at 11 % and Mr. Burns stated the CMSD policy states the reserve should be at least 25 %. Directors Monahan and Ferryman recommended the issue be added to the May 1, 2008 Special Meeting Agenda. Director Monahan motioned to appropriate $50,000 out of the operating reserve to continue the sewer lateral assistance program. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None Director Monahan recommended a press release be distributed on how the budget was increased due to the popularity of the program. Mr. Hamers concurred and Ms. Revak will draft and issue the press release. Director Ferryman inquired if the District has actively pursued any kind of grant money for the lateral program and Mr. Hamers stated he believes there is no grant money but will look into the matter. 40 SDRMA 2008 -2009 WORKERS' COMPENSATION PROGRAM Mr. Davis reported notification from SDRMA was received informing the District the average workers' compensation rate for members will be decreased by ten percent. Three new people were added to the payroll and the net effect is zero and will not have any impact on the decrease. SDRMA SAFETY LOSS PREVENTION POLICY Mr. Davis reported SDRMA recently passed a new policy effective July 1, 2008, that SDRMA will be monitoring anyone driving vehicles covered under CMSD's policy for license suspensions or other types of violations through the DMV, and notifying the District if such incidents occur. ATTORNEY'S REPORT DISTRICT LIABILITY FOR A SEWAGE SPILL FROM A PRIVATE LATERAL Mr. Burns presented a paper prepared by Associate District Counsel Colin Burns as requested by Mr. Hamers in his role on the WDR Steering Committee. The CMSD Board had previously authorized Mr. Burns to participate as part of the WDR "legal committee" to handle legal issues that arise. The request for Mr. Burns' work came as a result of discussions from various districts and cities regarding liability for sewer • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING " APRIL 21, 2008 'boy r PAGE 13 spills from private laterals. Mr. Burns stated the paper is a good source document for guiding future action and could possibly be helpful in future lawsuits. Mr. Hamers reported a number of agencies received the paper and are greatly appreciative, one being the Southern California Alliance of Publicly -Owned Treatment Works (SCAP.) Mr. Harriers recommended sharing the paper with CASA. Ms. Revak will forward the paper to the CASA legal affairs representative. REIMBURSEMENT OF COSTS FOR DISTRIBUTION OF AGENDA MATERIALS TO MEMBERS OF THE PUBLIC Mr. Burns reported there is no CMSD written policy regarding the distribution of agenda materials to members of the public. Ms. Revak stated when past agendas were requested from public or private entities, self- addressed, stamped envelopes were provided from the requesting parties to mail the agendas, however, presently there are no requests. Mr. Burns reported a request for such documents is good for up to one year according to the Brown Act. President Perry requested Mr. Burns look into a policy for the District and provide recommendations. Mr. Burns will provide various options for a written policy. Mr. Worthington requested an exception to anybody holding an office with a County agency. ORDINANCE NO. 66 ADOPTING A PREFERENCE AND EXCEPTION FOR ENVIRONMENTALLY FRIENDLY PRODUCTS IN PURCHASING Mr. Burns introduced Ordinance No. 66, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A PREFERENCE AND EXCEPTION FOR ENVIRONMENTALLY FRIENDLY PRODUCTS IN PURCHASING. Director Monahan motioned to adopt CMSD Ordinance No. 66. Director Schafer seconded. Motion carried 5 -0. «r COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING � n APRIL 21, 2008 PAGE 14 e„ ORDINANCE NO. 67 AUTHORIZING ACCESS TO STATE SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT PURPOSES Mr. Burns introduced Ordinance No. 67, AUTHORIZING ACCESS TO STATE SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT PURPOSES. Director Monahan motioned to adopt CMSD Ordinance No. 67. Director Ooten seconded. Motion carried 5 -0. LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) MEETING HELD JUNE 20, 2007 (DIRECTOR FERRYMAN) Director Ferryman reported attending an OCSD Committee meeting where the budget for CIP projects was reviewed. The Committee approved $12.6 million for the Southwest Costa Mesa Trunk project and it will be voted on at the next OCSD Board meeting. Director Ferryman noted he will report on the April 23, 2008 meeting at the next CMSD Regular Board meeting. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) There was no meeting of the Santa Ana River Flood Protection Agency in April. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER Director Schafer attended a Groundwater Tour given by the Orange County Water District on March 27, 2008 and provided materials to share with the Board. QUARTERLY MEETING AT MWDOC /OCWD JOINT BOARD ROOM ON THURSDAY, MAY 29, 2008 AT 11:30 A.M. ELECTION OF ISDOC REPRESENTATIVE TO LAFCO Ms. Revak reported the District's President or a designated Alternate must attend the meeting to vote on the ISDOC Representative to LAFCO. In the event President Perry is unable to attend, Director Ferryman was selected as the voting COSTA MESA SANITARY DISTRICT +�ST'SGX114gf�.: MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 21, 2008 ``•��'rcna'ctie''' PAGE 15 member for the CMSD. In the absence of Director Ferryman, Director Monahan will be the designated voter for the CMSD. Directors and Staff planning to attend the May 29, 2008 ISDOC meeting were requested to inform Ms. Revak in order to place the lunch reservations. LOCAL AGENCY FORMATION COMMISSION ( LAFCO) (DIRECTOR SCHAFER) PROPOSED LAFCO BUDGET FOR FISCAL YEAR 2008-2009; CMSD SHARE IN THE AMOUNT OF $15,332.75 Staff presented the proposed LAFCO budget for Fiscal Year 2008 -2009. The CMSD share is $15,332.75. Director Schafer reported Executive Officer Joyce Crosthwaite has been performing very well. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Director Schafer attended a Legislative meeting followed by a Finance Corporation meeting in Sacramento on March 13, 2008. On March 14, 2008, Director Schafer attended a regular Board meeting and presented an update on the CSDA Conference in September 2008. Director Schafer discussed information regarding CSDA's 2008 Special Districts Legislative Day on May 12, 2008 Ms. Revak requested consideration by the Board for attendance at the Legislative Day as well as the Annual Conference. Director Monahan motioned to approve attendance by any of the Board members at the Legislative Day. Director Ferryman seconded. Motion carried 5 — 0. CSDA ANNUAL CONFERENCE - SEPTEMBER 22-25,2008 IN IRVINE Mr. Hamers requested Board approval to make a Presentation on Fats, Oils and Grease (FOG) at the Annual Conference on September 24, 2008. Mr. Hamers was requested by CSDA to make the presentation. Director Monahan motioned to approve Mr. Hamers' attendance and presentation on September 24, 2008. Director Schafer seconded. Motion approved 5 -0. COSTA MESA SANITARY DISTRICT yR rqr,` MINUTES OF BOARD OF DIRECTORS REGULAR MEETING �u n; APRIL 21, 2008 PAGE 16 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Ms. Revak reported the Board attendees at the CASA conference in Squaw Creek on April 23 -26, 2008 will present a report at the next regular meeting. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030 CHAMBER OF COMMERCE Director Schafer reported the Legislative Committee met on March 3, 2008 where she spoke with an Edison Company representative on the District's new building and the possibility of the District obtaining reduced energy rates as the structure is being built to the "Gold" standard. OCCOG Director Schafer did not attend the meeting. WACO Director Schafer gave a presentation on the upcoming CSDA Annual Conference at the WACO meeting. Director Schafer reported there were two guest presentations from the Metropolitan Water District with information on water. OLD BUSINESS There was no old business discussed. NEW BUSINESS There was no new business discussed. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS There were no oral communications or Director comments. President Perry adjourned the meeting to closed session at 7:40 p.m. �.J 0 L' • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r _ iz;, APRIL 21, 2008 PAGE 17 PRESENTATION ON OPTIONS FOR CHANGING EMPLOYEES' CALPERS RETIREMENT FORMULA (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54957.6) Mr. Burns stated the Board is adjourning to closed session under Government Code Section 54957.6 to meet with negotiator Mr. Hamers pertaining to all unrepresented employees of the District. The Board adjourned from Closed Session at 8:04 p.m. President Perry announced there was no action taken in the Closed Session. ADJOURNMENT President Perry adjourned the meeting 8:05 p.m. SECRETARY PRESIDENT • C7 COSTA MESA SANITARY DISTRICT MINUTES OF SPECIAL MEETING MAY 19 2008 The Costa Mesa Sanitary District held a Special Meeting at 5:30 p.m. on Monday, May 1, 2008 at 628 W. 19th Street, Costa Mesa. Directors Present: Art Perry, Arlene Schafer, Bob Ooten, Gary Monahan, James Ferryman Staff Present: Robin B. Hamers, Manager /District Engineer; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Marc Davis, Treasurer /Director of Finance /CBIZ; Alan Burns, Legal Counsel President Art Perry called the meeting to order at 5:30 p.m. and turned the meeting over to Mr. Davis. I. Proposed CMSD Fiscal Year 2008 -2009 Budget Mr. Davis gave a presentation on the proposed Fiscal Year 2008 -2009 budget. There are four funds included in the budget: Solid Waste Fund (trash) Liquid Waste Fund (sewer) Sewer Construction Fund Facilities Revolving Fund Salaries and benefits are anticipated to increase by $30,350 or 17.92% over the prior year's amended budget. This increase is attributable to the full year of the Management Analyst position, full year of a two - person maintenance crew, an increase in the "cafeteria" plan and a reduction of $10,000 in overtime. There is also a reduction in the PERS employer rate from 14.11 % to 13.538 %. Significant increases include election expenses estimated at $80,000 and a sewer operating reserve of $174,000. Minutes of Special Meeting Page 2 May 1, 2008 • Significant decreases are: Trash Hauler /Recycler $82,000 Pump Station Maintenance Contract $75,000 Sewer Line Maintenance Contract $50,000 Special Programs are budgeted to increase by $20,900 (36.80 %) over the prior year's budget. The increase is due to additional allocations for the Sharps Program ($9,000) in order to include additional pharmacies and the household hazardous waste program ($12,000) for fluorescent bulbs and the battery recycling program. Discussion was held and Mr. Davis stated he would present a final version for approval at the May 22, 2008 meeting. 11. Select Date for Sewer & Trash Public Hearing The date of Wednesday, August 6, 2008 at 5:30 p.m. was set for the Sewer and Trash Public Hearing. The meeting will be held in the CMSD conference room at 628 W. 19th Street, Costa Mesa. The postcard notification to the ratepayers will occur prior to June 20, 2008. 111. Closed Session The Board of Directors adjourned to a closed session at 7:15 p.m., pursuant to • Government Code Section 54957, to discuss public employee performance evaluations and pursuant to Government Code 54957.6 to confer with the District's Labor Negotiator to discuss all unrepresented employees of the District. At 8:04 p.m., the Board reconvened to open session and President Perry announced in closed session the Board of Directors directed the Manager /District Engineer to provide certain financial information for the Closed Session scheduled on May 22, 2008; and to obtain a proposal from BHI for strategic planning. IV. Public Comments No members of the public were present. ADJOURNMENT Director Perry adjourned the meeting at 8:05 p.m. Secretary President • E COSTAMESA SAN, -9Z7aYDisz�icz' PROJECT STATUS REPORT May 2008 Proiect 1112100 -101 West Side Pumping Station Abandonment Directors Ferryman and Ooten along with Manager /District Engineer Rob Hamers, Assistant Manager Tom Fauth and Inspector Paul Guzman met with OCSD General Manager Jim Ruth and executive engineering staff on March 29, 2007 to discuss OCSD's participation in the project. It was agreed that the two agencies will work together to determine an approximate project cost for a regional facility and then meet again to discuss the feasibility. The cost estimate has been prepared and is being considered by both agencies. The CMSD updated its costs of the local sewer lines and confirmed the ability to fund the projects. A letter was sent to OCSD requesting the regional facility become a formal OCSD project and the letter was favorably received. The project appears in OCSD's planning documents. Project 1112100 -129 Bristol Street Sewer The County of Orange plans on widening Irvine Avenue from Bristol Street to University Drive, which will cause relocation of the CMSD Irvine 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 (OCDA) and as requested the Sanitary District prepared a new three party agreement reflecting these findings. The agreement has been signed by the Sanitary District, the City of Newport Beach, and OCDA. The design phase is underway. Project 1112100 -135 Reconstructing Force Main for Elden Pumping Station (Phase II) Construction was completed in 1995 and the State Department of General Services (DGS) transmitted the sewer easement. The easement has been recorded and distributed to all parties. Proiect 1112100-159 Televising Sewer Lines Areas are televised as needed, particularly for the fats, oils, and grease (FOG) program. Project 11.12100 -168 Irvine Pumping Station Relocation . Bid opening was June 4, 2007, and the Board awarded the construction contract to Vadnais Corporation. Construction is approximately 90% complete. Project 1112100-171 Irvine Pumpina Station Force Main Rehabilitation -Phase I The design phase is continuing. I Project 1112100 -175 OCSD Cooperative Projects Grant - Televising CMSD Sewer Lines The televising is continuing and is scheduled for completion by June 30, 2009. Project 1112100-180 WDR Grease Control Program Phase IV The project is continuing. Proiect 1112100-186 Sewer Lateral Assistance Program The project is continuing. Additional funding was approved by the Board of Directors at the April 2008 regular meeting. Project 1112100-187 New Corporate Yard at 174 W. Wilson Street The design kickoff meeting was February 13, 2008. • • Protecting our community's health by providing soad waste and sewer collection services. www.crosdcagov