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Minutes - Board - 2006-10-12 • y COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12, 2006 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on October 12, 2006, at 6:00 p.m. at 628 W. 19th Street, Costa Mesa. President Ferryman called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Director Woodside 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; Debbie Bjornson, Permit Processing Specialist. OTHERS PRESENT: Mr. Dean Ruffridge, CR&R, 11292 Western, Stanton Ms. Gina Keuilian, 1079 Visalia Drive, Costa Mesa Desiree Reyes COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 PAGE2 C CONSENT CALENDAR Director Worthington requested the Director's Compensation form be removed from the consent calendar for further discussion. Director Worthington motioned to approve the remainder of the Consent Calendar as presented. Director Perry seconded. Motion carried 5-0. REPORTS MINUTE APPROVAL Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting — of September 11, 2006, were approved as September 11 , 2006 distributed. Minutes of the Investment The Minutes of the Investment Oversight Oversight Committee Committee Meeting of September 14, 2006, were Meeting — September 14, approved as distributed. 2006 Minutes —ng Regular Meeting The Minutes of the Regular Meeting of September ng 14, 2006, were approved as distributed. September 14, 2006 Minutes of City/District The Minutes of the City/District Liaison Committee Liaison Committee Meeting of September 22, 2006, were approved as Meeting — distributed. September 22, 2006 MANAGER'S REPORTS Refunds In accordance with Resolution No. 96-584, adopted by the Costa Mesa Sanitary District on April 17, 1996, the following refunds were granted subsequent to receiving evidence of outside trash service and a signed statement from the applicants: C COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 PAGE3 Approved payment of Applicant: Mr. David Miller $399.04 to Parcel Address: 2912 Pepper Tree Lane Mr. David Miller Assessor's Parcel No. 139-296-07 Trash refund: $399.04 Tax years: 2005/2006 Owner contracted with private trash service company (bin service) in February 2006. Approved payment of Applicant: Mr. Craig Conrad $1,370.00 to Parcel Address: 2018 Dover, Newport Beach Mr. Craig Konrad Assessor's Parcel No. 117-391-24 OCSD refund: $830.00 Plan Check refund: $320.00 Fixture Fee refund: $165.00 Sewer Fee refund: $55.00 Total refund: $1 ,370.00 Tax year: 2006 Fixture fees, sewer fees, plan check fee, and OCSD fees were collected for a parcel that is in Newport Beach. Occupancy Report and The Trash Occupancy Count documented an Payment of $195,092.41 increase of 3 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of October 1, 2006. Therefore, October 2006 the total for October is 21,309. Board directed Staff to prepare a warrant for $195,092.41 to Costa Mesa Disposal on November 1, 2006, for October 2006 collection count of 21,304. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for September Control Board (RWQCB) 2006 was accepted as submitted. Minutes of Office Staff The Minutes of the Office Staff Meeting of Meeting — September 13, September 13, 2006, were approved as distributed. 2006 ENGINEER'S REPORTS Project Status Report The Project Status Report dated October 2006 was accepted as submitted. C COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING v OCTOBER 12,2006 PAGE 4 C TREASURER'S REPORTS Financial Report as of The Financial Report as of August 31, 2006 was August 31, 2006 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of August 31, 2006 was August 31, 2006 accepted as submitted. Warrant 2007-4 for Warrant Resolution #CMSD 2007-4 was approved, September 2006 in the authorizing the President and Secretary to sign the amount of $2,205,326.22 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $2,205,326.22. Directors Expenses for the Director Compensation and Expense Month of September 2006 Reimbursements for the Month of September 2006 were pulled for discussion. END OF CONSENT CALENDAR Director Worthington reported he mistakenly marked his expense reimbursement report for the month of August instead of September and noted Director Perry's expense report is dated as October. Director Schafer motioned to accept the expense reimbursement report with the corrected date to show September expenses on the forms for Directors Worthington and Perry. Director Perry seconded. Motion carried 5-0. Directors Expenses for the Director Compensation and Expense Month of September 2006 Reimbursements for the Month of September 2006 were approved and ratified as follows: Director Ferryman: $510.00 Director Perry: $510.00 Director Schafer: $1,020.00+ 493.95 Vice President Woodside: $510.00 Director Worthington: $510.00 In recognition of Director Woodside choosing not to run for reelection, President Ferryman presented Director Woodside with an Excellence in Service Award in recognition and appreciation for his eight years of outstanding service to the Costa Mesa Sanitary District Board of Directors. COSTA MESA SANITARY DISTRICT Oh_ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 • PAGE 5 C WRITTEN COMMUNICATION Ms. Revak reported there were no written communications. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS REPORT BY CR&R Mr. Hamers invited Mr. Dean Ruffridge, CR&R, to attend the Board meeting to discuss the additional container program and labor negotiations with drivers. ADDITIONAL CONTAINER PROGRAM Mr. Ruffridge provided an update on the container program. There is a total of 3,620 additional barrels billed as of 10-11-06. The number of containers grandfathered in with 90-gallon barrels prior to 8-31-06 was 7,955. The number of containers added after 8-31-06 was an additional 149. Mr. Ruffridge related the three top comments received from residents: 1. With the third letter out to 4,000+ customers reportedly having 3+ barrels, there were a number of calls informing CR&R that their on-site barrel count did not agree with the records. Each complaint generated a supervisor site survey and the records were corrected accordingly. 2. Complaints of the $8.00 fee when they had previously paid for the containers up front. 3. Some barrels were not removed by the deadline. CR&R prorated the barrel removals based upon the call-in date when the customer informed CR&R to remove and not bill the added charges. Current container inventories are as follows: 35 gallon 177 60 gallon 895 90 gallon 73 C COSTA MESA SANITARY DISTRICT l MINUTES OF BOARD OF DIRECTORS REGULAR MEETING v • OCTOBER 12,2006 PAGE 6 C LABOR NEGOTIATIONS Mr. Ruffridge reported labor negotiations continued through the weekend with CR&R actively negotiating with labor representatives for a new 5-year labor contract. Negotiations came up with an agreement to continue with review of the hourly wage through October 20th. Should resolution not be completed, the Union has received authorization from its members to implement a labor strike. Mr. Ruffridge reported additional negotiations will proceed with Labor Union Representatives in the next couple of days with resolution of the hourly wages anticipated by October 19th. Mr. Hamers requested Mr. Ruffridge attend the November CMSD meeting to provide an update to the Board. SEWER SYSTEM PLANNING FUNDING ® Mr. Hamers advised the Board that the current CMSD sewer rate is less than half of the Orange County average for sewer. Mr. Hamers stated increasing rates is written into the WDR as a component of a successful system. Mr. Hamers reminded Board members that while the District wants to keep rates low, there are responsibilities that require increased funding. ORGANIZATIONAL CHART President Ferryman inquired as to whether an assessment has been done on what it would cost to bring the pump stations up to appropriate standards. Mr. Hamers reported they are all up to an acceptable condition now, but there is still work to do on them. Mr. Fauth reported 5 pump stations have been refurbished since April. Mr. Hamers reported these 5 stations were in a failure condition and expressed disappointment that the pumps were not well maintained and were allowed to deteriorate to the condition they were discovered in when the District took them over. Mr. Hamers reported money in the CIP has been focused heavily on operations and maintenance. C COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 • PAGE 7 C Mr. Hamers documented the conditions assessment report and reported it would be continued as the remainder of the gravity lines are cleaned. Mr. Burns recommended notifying the City of the condition of the system. Director Worthington inquired as to what system was in place to make sure National Plant Services and Jimni Systems will maintain the system to the proper degree. Mr. Hamers stated the District does not have a normal maintenance cleaning contract with National Plant Services; the current contract is for cleaning and televising, which requires more cleaning than a regular contract would require. The proof of adequate cleaning is evident in the televised record. District Staff also has a maintenance chart for pumping stations that Jimni follows. Mr. Burns suggested developing a verified document for repairs completed. Mr. Hamers advised that Mr. Dulake is on site with the cleaning crew to participate in and witness cleaning and repairs. Mr. Fauth reported the billing contains a detailed outline of items repaired. Mr. Fauth presented the updated Organizational Chart to reflect the future two field crew members for line cleaning and pump station maintenance, items that are currently being provided on a contract basis. Also listed in detail are all of the functions performed by the accountant, Ms. Kallab. Mr. Fauth introduced Ms. Desiree Reyes, of Abigail Abbott, who is providing the services of receptionist on a temporary basis for the District. A permanent position will be developed in the future. Mr. Fauth will provide a list of responsibilities for Ms. Reyes to Board Members. Ms. Reyes left the meeting at 6:20 PURCHASE OF WATER TRUCK Mr. Hamers reported Mr. Dulake has been working extended hours while managing the National Plant Services and Jimini Systems work and also handling regular emergency work. Consideration was given to hiring additional field crew members to alleviate the heavy workload. Mr. Dulake recommended the addition of vehicles and equipment to effectively reduce the demands on his time prior to acquiring more manpower. A water truck would greatly increase the efficiency of the gravity sewer line and pumping station operations and maintenance, thereby reducing demands on Mr. Dulake's time. A cost/benefit analysis shows the District could save approximately $1,200 a day by removing the unproductive time from the contractor's work schedule with the addition of a water truck. Ms. Davis reported a rental water truck was obtained for a fee of $6,000 for a two-week period. The District would save significant COSTA MESA SANITARY DISTRICT v . MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 PAGE 8 C money by purchasing a water truck rather than renting one. The current balance in the Capital Facilities Acquisition Fund, set up for this very purpose, has an approximate balance of $175,000. Discussion was held regarding the pricing and usage of a water truck. An arrow board to be used as a traffic control device could be added for an additional $300. Staff recommends the purchase of a used water truck with arrow board for a not- to-exceed price, including tax, of $50,000, while conforming to the District's purchasing policy. Staff investigated several used water trucks ranging in price from $30,000 to $40,000. Photographs of the recommended vehicle were provided to the Board for their review. Director Schafer motioned to make a finding that the public's interests were best served by dispensing with the bidding process in order to purchase a less expensive used vehicle and to approve the purchase of a used water truck with arrow board component for a not-to-exceed price, including tax, of $50,000, in conformance with the District's purchasing policy of having staff analyze and evaluate the used water trucks available. Director Perry seconded. Motion carried 5-0. Director Worthington reported Proposition 87 seeks to reduce air pollution and greenhouse gas emissions by encouraging cleaner and cheaper fuel. Director Worthington suggested the diesel vehicles in the District could be changed to biodiesel. Director Worthington suggested encouraging the City of Costa Mesa to do the same with City vehicles. Discussion was held regarding biodiesel fuel. Board directed Staff to investigate the possibility of utilizing biodiesel fuel in District vehicles. DISTRICT YARD UPDATE Mr. Fauth reported there are no commercial properties suitable, both in price and location, for acquisition for a District Yard. Mr. Fauth reported National Plant Services has had a 50% reduction in fuel costs due to storing their vehicles at the Fair Grounds and reducing travel costs. President Ferryman encouraged Staff to foster the relationship with the Fair Grounds and continue to provide reciprocal services, making the agreement beneficial for both parties. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 • PAGE 9 C CMSD STRATEGIC PLAN YEAR 2005/2006 STRATEGIC PLANNING ACTION ITEMS The Year 2005/2006 Strategic Plan was presented in the Board packet for comment. No comments were made. YEAR 2007/2008 STRATEGIC PLANNING WORKSHOP SCHEDULED FOR JANUARY 26 &27, 2007 Ms. Revak reported the Strategic Plan dates are scheduled for Friday, January 26 and Saturday, January 27, 2007. Individual Director interviews will be scheduled for Friday, January 26, 2007. The Saturday workshop will be held from 9:00 a.m. to 4:00 p.m. RECOMMENDATION BY STAFF TO HOLD "PRE-MEETING" Mr. Hamers inquired if the Board would like to hold a pre-meeting before the Strategic Plan meeting in order to discuss goals and the future. A pre-meeting was scheduled for Monday, January 22, 2007, at either 11:30 A.M. or 6:00 p.m. The meeting time will be determined as the date gets closer and Directors can confirm their schedules. NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE Update on Column Improvements, Painting, and Landscaping Mr. Hamers reported the column improvements will be happening soon, then focus will be placed on painting and landscaping. RECYCLING REPORTS WASTE DIVERSION REPORT—SEPTEMBER 2006 Ms. Revak presented the Waste Diversion Reports for September 2006 showing a 50.44% diversion rate. Director Perry motioned the Waste Diversion Report be received and filed. Director Schafer seconded. Motion carried 5-0. C COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 PAGE 10 C CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR SEPTEMBER 2006 SERVICES Ms. Revak presented the Invoices for September 2006 recycling services and disposal. Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of September 2006 in the amount of $169,410.57. Director Perry seconded. Motion carried 5-0. Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of September 2006 in the amount of $11,155.24. Director Perry seconded. Motion carried 5-0. ORDINANCE ENFORCEMENT OFFICER'S REPORT Mr. Shef reported the period included the Labor Day holiday resulting in a delay of one day for trash collection. Over the course of the month several containers were over sprayed for graffiti. Reported complaints were investigated, photos taken and results reported to Staff. Mr. Shef reported he will be undergoing surgery the end of October with recovery the beginning of November. ELECTION 2006 Ms. Revak reported the California Elections Code mandates Special District Officers take office at noon on the first Friday in December after the general election after taking the official oath. The oath of office will be administered to the three elected Directors at 11:30 a.m. on December 1, 2006, at CMSD Headquarters. Election of District Officers, President, Vice President, and Secretary will take place at the regular CMSD meeting on December 14, 2006. An appointment of Chairman to the Recycling Committee will be made at the November 9, 2006 regular meeting. Appointment of representatives to the following entities will also be made: ❑ Orange County Sanitation District (OCSD) ❑ Santa Ana River Flood Protection Agency (SARFPA) ❑ Independent Special Districts of Orange County (ISDOC) ❑ Local Agency Formation Commission (LAFCO) ❑ California Special Districts Association (CSDA) C r COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING f OCTOBER 12,2006 • PAGE 11 C The Board may consider appointing a representative to the following organizations: ❑ Water Advisory Committee of Orange County (WACO) ❑ Costa Mesa Chamber of Commerce ❑ Orange County Council of Governments (OCCOG) REPORT ON 2701 CARDINAL DRIVE - REQUEST FOR WAIVER OF TRASH CONTAINER FEES Mr. Randy Talbott of 2701 Cardinal Drive requested a waiver from the extra container charge of $8 per month for each container beyond the first two containers. The CMSD Operations Code, Section 16.01.030, provides for exemptions from the trash collection charge for undeveloped property, parcels developed in such a way that trash is not produced nor collected such as parking lots and parking Staff visited the residence on two occasions to evaluate the property situation. Staff reviewed the City of Costa Mesa's Municipal Code with regard to maintenance responsibilities for the landscape area within the City parkway. Staff also reviewed the request in conjunction with District policy regarding physical limitations and economic hardship, lot size in comparison to other lots in the tract, and type of 0 landscaping and planting materials on Mr. Talbott's property. After a thorough review, Staff determined Mr. Talbott's property did not warrant an exemption from the Costa Mesa Sanitary District under the defined exceptions. Suggestions were made to Mr. Talbott regarding xeriscaping and the use of drought- tolerant landscaping to reduce the green waste generated on his property. Director Woodside motioned to deny the request for waiver of trash container fees by Mr. Randy Talbott. Director Perry seconded. Motion carried 5-0. RECYCLING COMMITTEE— MONDAY, OCTOBER 9, 2006 - 12:00 P.M., CMSD BOARDROOM, 628 W. 19T" STREET, COSTA MESA, (DIRECTORS WOODSIDE AND SCHAFER) RECYCLING COMMITTEE GOALS FOR 2005/2006 Vice President Woodside reported the Committee discussed items to consider for the Strategic Plan and updating the "Working for You" video. The Committee would like to have a draft script completed by November 2006 and the final video by March 2007. C COSTA MESA SANITARY DISTRICT Aip MINUTES OF BOARD OF DIRECTORS REGULAR MEETING V • OCTOBER 12,2006 • PAGE 12 C UNIVERSAL WASTE- REQUIREMENTS EFFECTIVE FEBRUARY 9, 2006 Vice President Woodside reported there is a tentative agreement with the City of Costa Mesa to hold a Universal Waste Event in January 2007. Mr. Fauth is working with the City to obtain a vendor for the program. Telephone Book Recycling Program - November 13 through December 22, 2006 Ms. Revak presented the letter advising schools of the Telephone Book Recycling Program, scheduled to be held November 13 through December 22, 2006. Vice President Woodside reported the Committee is recommending the same award structure as was used in the 2005 program. Ms. Revak reported Klein School has contacted the District and requested having a bin located on a piece of property owned by the parents of one of her students. Discussion was held regarding appropriate locations and liability of placing a bin on another location other than that owned by the school. Board directed Staff to work with Ms. Klein to locate a suitable location to host a bin to allow the Klein school to participate in the Telephone Book Recycling Program, subject to review and approval for liability by Mr. Burns. USED TIRE ROUND-UP-SATURDAY, OCTOBER 21, 2006 Vice President Woodside reported there will be a Used Tire Round-Up held on Saturday, October 21, 2006, from 10:00 a.m. to 2:00 p.m. Mr. Fauth reported notification went out to the Daily Pilot and the Register and will go out again next week to provide for two public service announcements for the event appearing in weekend editions. Director Perry requested Mr. Fauth send him information for the sign board in front of Estancia High School so he can request the information on the Used Tire Round-up be posted on the sign. LARGE ITEM COLLECTION PROGRAM - REQUEST FOR REIMBURSEMENT Ms. Revak reported the Large Item Collection Program ended on August 25, 2006. The landfill tonnage totaled 489.89 tons at a total cost of $13,373.58. According to CR&R, 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. COSTA MESA SANITARY DISTRICT ® MINUTES OF BOARD OF DIRECTORS REGULAR MEETING v i OCTOBER 12,2006 • PAGE 13 C Ms. Revak requested the reimbursement from Mr. David Ronnenberg, President, CR&R Incorporated, in a letter dated October 4, 2006. Mr. Hamers reminded the Board Director Worthington requested the reimbursement be segregated and not placed into the General Fund to allow its use to be determined by the Board. Director Worthington suggested the use of the money be discussed as a component of the Strategic Plan. Director Worthington reported he has noticed articles in the newspaper regarding electronic items being picked up during a large item pickup in neighboring cities and suggested Staff determine if electronic components could be collected in the District by CR&R. OUTREACH INFORMATION RECEIVED FROM EARTH RESOURCES FOUNDATION Vice President Woodside has not received any information from the Earth Resources Foundation to date. C ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS— (WDR) GENERAL UPDATE Mr. Hamers reported the CMSD has submitted the application for enrollment in the State-wide WDR. The Steering Committee is moving forward and Mr. Hamers reported the CMSD grease control program is working very well. Anniversary Lane Water Line— IRWD Mr. Hamers provided a copy of a letter addressed to Mr. Charles Borkman, PE, Irvine Ranch Water District, dated September 26, 2006. In the letter, Mr. Hamers reviews recent events and summarized that the proposed resolution by IRWD places a financial risk on the ratepayers of the Costa Mesa Sanitary District and recommended two CMSD Board Directors meet with two IRWD Board members with adequate staff to understand the issue and find a solution that will be acceptable to both agencies. DHS may still require that the water line installation meet their standards. C COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 • PAGE 14 Mr. Hamers reported he will follow up with the Department of Health Services. President Ferryman faxed the letter to John Withers, IRWD Director, in an effort to obtain a resolution to the situation at Anniversary Lane regarding the Water Line. Paul Jones, IRWD General Manager, responded with a letter to Mr. Hamers, and Mr. Hamers is considering a response. CMSD PROJECT#129— BRISTOL STREET THREE-PARTY AGREEMENT Mr. Hamers reported he is waiting for the agreement to come back from the County. TREASURER'S REPORTS ATTENDANCE AT CONFERENCES Ms. Davis reported conference attendance has gone over budget on the Monterey Conference by almost $2,000. Ms. Davis requested this be taken into consideration when planning conference attendance for the remainder of the fiscal year. ® Director Worthington stated the conference budgets allocation was an estimate and guide and not intended to stop training and conference attendance. Mr. Fauth suggested making a budget adjustment to allow adequate conference attendance. ATTORNEY'S REPORT SENATE BILL 1087 - SEWER SERVICE FOR AFFORDABLE HOUSING PROJECTS RESOLUTION No 2006-728 ORDERING THAT PUBLICATION OF ORDINANCE No 56 OCCURRED ON SEPTEMBER 22,2006 Mr. Burns introduced Resolution No. 2006-728, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 56 AMENDING THE DISTRICT'S OPERATIONS CODE ADOPTING POLICIES AND PROCEDURES FOR THE PROVISION OF SEWER SERVICE TO DEVELOPMENTS WITH AFFORDABLE HOUSING COMPONENTS. Director Perry motioned to adopt Resolution No. 2006-728. Director Schafer seconded. Motion carried as follows: Ayes: Ferryman, Woodside, Perry, Schafer, Worthington Nos: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 12,2006 • PAGE 15 C SEWER LATERAL COMPLIANCE ORDINANCE Mr. Fauth reported a survey with local plumbers was performed to determine the number of service calls received, percentage of calls regarding backups inside a facility, number of calls requiring cleaning of the lateral, and whether or not their company would be interested in performing lateral maintenance upon sale of the facility. Mr. Fauth reported he does not have a final analysis on that information yet. The next step will be to hold a meeting with home inspectors in November and a second meeting with realtor representatives is slated for January 2007. INSURANCE COVERAGE FOR INVERSE CONDEMNATION CLAIMS Mr. Burns provided a memorandum regarding inverse condemnation to the Board and specifically how it relates to the Astin, Locke v City of Costa Mesa, Costa Mesa Sanitary District case. Mr. Burns discussed the facts, issues, and analysis. Mr. Burns recommended corresponding with the SDRMA requesting coverage for this type of action. Board directed Mr. Burns to write a letter to both CASA and SDRMA regarding inverse condemnation coverage. SETTLEMENT OF COASTKEEPER V GARDEN GROVE SANITARY DISTRICT LAWSUIT Mr. Burns provided an update on the settlement between CoastKeeper and Garden Grove Sanitary District. Mr. Burns reported Garden Grove agreed to expend millions of dollars to fix the sewer system over the course of the next few years and agreed to pay CoastKeeper$163,000 in attorney fees. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD)- SEPTEMBER 27, 2006 (PRESIDENT FERRYMAN) President Ferryman attended the September 27, 2006, OCSD meeting and reported he is in the process of reorganizing committees and redefining their responsibilities. A website will be developed to allow Board Members to download their meeting packet. President Ferryman intends to have the revisions implemented before the election in November. President Ferryman reported they have been meeting with Orange County Water District regarding a joint campus and sharing of facilities. President Ferryman reported discussion has been held regarding developing a visitors center. C ram or ` COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING � OCTOBER 12, 2006 PAGE 16 C Director Perry also attended the September 27, 2006 OCSD meeting and reported they discussed Kern County seeking an injunction to stop Orange County and Los Angeles county from bringing biosolids into Kern County. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) SEPTEMBER 28, 2006 (DIRECTOR PERRY) Director Perry attended the September 28, 2006, SARFPA Meeting and reported they discussed the following: ❑ Report on Seven Oaks Dam - repair of outlet tunnels anticipated to be finished in June 2007. ❑ Water Quality study in Seven Oaks Dam ❑ Update on construction of the Prado Dam - moving into Phase II to be completed in 2011 ❑ Update on funding of the Santa Ana River Mainstem Project ❑ Audit authorized ❑ SARI line ❑ Subvention funds ❑ October 21, 2006 - Fairhaven Cemetery Historical Disaster Seminar 0 Independent Special Districts of Orange County (ISDOC) (Director Schafer) Director Schafer attended the ISDOC meeting on October 3, 2006, and reported the following: ❑ Report on Annual CSDA meeting in Lake Tahoe ❑ John Withers gave a report on LAFCO ❑ A subcommittee was formed to look into the formula of dollars submitted each year to LAFCO. The Committee will report back to the ISDOC Executive Committee Director Worthington attended the ISDOC meeting and reported future meetings will be held at the Irvine Ranch Water District. The next quarterly meeting is on Thursday, November 30, 2006. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) Director Schafer attended the LAFCO meeting on October 11, 2003 and reported the following: ❑ Public hearing on MSRs - O.0 Water District presented 0 ❑ Golden State Water company opposes MSRs ❑ Final MSRs will deal with the sphere of influence ❑ Nine determinations addressed COSTA MESA SANITARY DISTRICT '�✓ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING V • OCTOBER 12,2006 • PAGE 17 C ❑ Schuller annexation to the City of San Juan Capistrano (92 acres) ❑ Northwest Islands annexation to the City of La Habra (11 acres) ❑ Buena Park Library District reorganization. Library to lose $66,736, Orange County to lose $7,000 - reorganization beneficial despite loss ❑ Year end budget ❑ Two people leaving LAFCO ❑ November 8, 2006 will be the next meeting date with Newport Beach/Costa Mesa on the agenda SPHERE OF INFLUENCE MODIFICATION REQUEST FOR SANTA ANA HEIGHTS Mr. Hamers inquired whether a letter from the CMSD would be desired for the Sphere of Influence Modification Request for Santa Ana Heights. Director Schafer reported the item passed and no letter would be necessary. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) CSDA 2006 ANNUAL CONFERENCE-SEPTEMBER 25-28,2006 ® Director Schafer attended the Conference - September 25-28. Director Schafer distributed a written report to Board members. Director Schafer will be attending the Executive Board Strategic Planning Meeting in Napa and a legislation meeting in Sacramento. Director Schafer elected as Secretary to the CSDA Executive Board. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2007 MID-YEAR CONFERENCE-JANUARY 17-20, 2007 INDIAN WELLS Ms. Revak inquired as to which Directors were planning to attend the CASA meeting January 17-20, 2007. Directors Worthington and Schafer plan to attend the CASA meeting in Indian Wells. Director Worthington suggested making reservations for three people to include the newly elected Director. Due to the CASA meeting, discussion was held regarding the CMSD regular meeting in January. No suitable alternative was found. The January meeting will be held Thursday, January 11, 2006 at 6:00 p.m. President Ferryman will be unable to attend the January meeting. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING v OCTOBER 12,2006 PAGE 18 C Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 WACO Director Worthington attended the WACO meeting and reported the following: Lining the All American Canal with concrete to prevent seepage of over 90,000 acre feet per year - Mexico objected to the proposed concrete lining Report on Prop 218 Director Schafer attended the WACO meeting and reported the following: ❑ Report on CASA Conference ❑ Guest Panel Speakers Tim Gosney, Managing Partner, Lagerlof, Senecal, Gosney and Kruse, LLP, Daniel Hentschke, General Counsel, San Diego Water Authority, John Schatz, General Manager/General Counsel, Santa Margarita Water District - The CA Supreme Court's Big Horn Desert View Water Agency Decision - Big Changes for Water Rates Setting? OLD BUSINESS Director Worthington inquired as to the refund request form and the reference to OCSD. Staff informed CMSD collects connection charges for OCSD and retains a 5% collection fee. Mr. Hamers opened discussion regarding the Receptionist/Office Specialist I position. Board had previously authorized hiring a temporary position. Mr. Hamers requested funding for a temporary and permanent position for the remainder of the year by Board approving the Office Specialist I with a starting salary of $14.50 per hour and move $45,000 from the Facilities Acquisition Fund to whatever fund the Treasurer deems appropriate to pay for salary and benefits up to June 30, 2007. Mr. Hamers advised the Board there was an emergency need to allocate funding to pay for the temporary position of Receptionist to mitigate resident complaints about the District's automatic telephone system. Director Schafer motioned that the need arose after the agenda was prepared and that there was a need to take emergency action regarding funding a temporary Receptionist position. Director Perry seconded. Motion carried 5-0. C COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING V • OCTOBER 12,2006 PAGE 19 C Mr. Hamers advised the District would pay Abigail Abbot a finder's fee and have a 90- day clause to accept or refuse the person provided for the position. The District would also publicly advertise the permanent position and set up interviews, with the Abigail Abbot representative being considered among the candidates. The District will pay $4,200 to Abigail Abbot if their referral is hired to a permanent position. Discussion was held regarding funding accounts and advertising for the position. The $45,000 would cover the salary for the temporary position and hiring for a permanent position of an Office Specialist I, step one of a seven step scale. Discussion was held regarding whether the advertising of a long-term position, in conjunction with providing a 90-day temporary position, would constitute an emergency. It was determined the permanent position would be addressed at the November regular meeting. Ms. Davis suggested authorizing an amount from the Contractual Services account to fund the temporary salary for the Receptionist and have the job description and salary range for a long-term position provided in the November regular meeting packet for the Board's review. Director Perry motioned to approve an amount not to exceed $25,000 be allocated from the Contractual Services account for 3 months of temporary services for a Receptionist position due to residential complaints regarding CMSD telephone services. Director Schafer seconded. Motion carried 5-0. NEW BUSINESS There was no new business discussed. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Mr. Hamers wished Directors Schafer and Worthington luck in the upcoming elections. ADJOURNMENT At 8:20 p.m., President Ferryman adjourned the meeting. C CXXL4 SECRETARY ," PRESIDENT ..j.j.j-Y