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Minutes - Board - 2004-08-12• COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on August 12, 2004, at 6:00 p.m. at the Neighborhood Community Center, 1845 Park Avenue, Costa Mesa PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL President Schafer called the meeting to order at 6:00 p.m. Director Ferryman led the Pledge of Allegiance President Schafer gave the invocation. DIRECTORS PRESENT: Arlene Schafer, Art Perry, James Ferryman, Dan Worthington DIRECTORS ABSENT: Greg Woodside STAFF PRESENT: Robin Hamers, Manager /Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager; Wendy Davis, Treasurer; Denise Gilbert, Permit Processing Specialist; Ron Shef, District Ordinance Enforcement Officer OTHERS PRESENT: Mr. Martin Millard, 2973 Harbor Boulevard, Costa Mesa Mr. Walter Richardson, 486 Broadway, • Costa Mesa Mr. Marc Puckett, City of Costa Mesa *'rs- COSTA MESA SANITARY DISTRICT + �?e MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 ewe n4Y • PAGE 2 . ............................... CONSENT CALENDAR . ............................... Ms. Revak reported the Occupancy Report in the packet has been revised based on the new rate for Costa Mesa Disposal and was provided as a handout at the meeting. Director Ferryman motioned to approve the Consent Calendar as revised. Director Perry seconded. Motion carried 4 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting, July 13, 2004 Minutes of Regular Meeting, July 14, 2004 • Minutes of Special Meeting, July 26, 2004 MANAGER'S REPORTS Refunds The Minutes of the Recycling Committee Meeting of July 13, 2004, were approved as distributed. The Minutes of the Regular Meeting of July 14, 2004, were approved as revised. The Minutes of the Special Meeting of July 26, 2004, were approved as distributed. There were no refunds requested for the month of July 2004. Occupancy Report and The Trash Occupancy Count documented an Payment of $188,191.55 increase of 25 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of August 1, 2004. August 2004 Therefore, the total for August is 21,172. Board directed Staff to prepare a warrant for $188,191.55 to Costa Mesa Disposal on September 1, 2004, for payment for August trash collection based on the August count of 21,172. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for July 2004 was • Control Board (RWQCB) accepted as submitted. ^ +� »a COSTA MESA SANITARY DISTRICT 3 �u o` MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 PAGE 3 • ENGINEER'S REPORTS Project Status Report The Project Status Report dated August 2004, was accepted as submitted. TREASURER'S REPORTS Financial Report as of July The Financial Report as of July 31, 2004 was 31, 2004 accepted as submitted. Report of Monies on The Report of Monies on Deposit as of July 31, Deposit as of 2004 was received and filed. July 31, 2004 Warrant 2005 -02 for Warrant Resolution #CMSD 2005 -02 was August 2004 in the approved, authorizing the President and Secretary amount of $629,203.43 to sign the warrant thereby approving payments shown thereon to be paid and ratifying payments shown thereon that were paid by the Treasurer under her authority, in the total amount of • $629,203.43. Directors Expenses for the Director Expenses for the Month of July 2004 were Month of July 2004 ratified as follows: Director Ferryman: $510.00 Director Perry: $1020.00 President Schafer: 1020.00 + $11.25 Vice President Woodside: $510.00 Director Worthington: $1020.00 ......................... END OF CONSENT CALENDAR .......................... PUBLIC HEARING - CONSIDERATION OF ANNUAL TRASH COLLECTION CHARGES TO BE COLLECTED WITH THE GENERAL TAXES PRESENTATION OF REPORT • Mr. Burns gave a brief overview outlining the process for consideration of annual trash collection charges, explaining Proposition 218 procedural rules will be followed for the proposed increase. • • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 ��aFsof PAGE Mr. Burns read the procedural rules and findings necessary to comply with Proposition 218. 1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon a parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use or service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionality requirements. 5. No fee or charge can be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. Mr. Hamers presented a report on trash collection charges for 2004 -05 showing his review of the proposed rate of $225.86 per dwelling unit for the 04/05 annual trash collection charge. The proposed increases would fund contractual rate increases for the independent contractors employed for trash collection, recycling, and landfill operations and fund normal inflationary increases in the solid waste operating costs. The charge meets the substantive requirements of Proposition 218 as follows: 1. Revenues derived from the fee or charge do not exceed the funds required to provide the trash collection service. The charges are calculated by adding together the cost of components necessary to provide the service and then apportioning this to those receiving trash collection service. No components other than those directly related to providing service are used to establish rates. The components include trash collection, recycling, education and special programs, and administration. +•'� ab COSTA MESA SANITARY DISTRICT �u a4 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r° AUGUST 12, 2004 • PAGE 5 2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is imposed. The revenue issued only for the components of providing trash collection service as outlined in Paragraph 1 above and as identified in the District's yearly budget. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. The amount of the yearly charge is determined by dividing the cost of all the components of providing the service by the number of parcels receiving service, as the vast majority of parcels produce an approximately equal amount of solid waste and all parcels enjoy the benefits of the public education and have an opportunity to participate in the special programs. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties not receiving trash collection service or that receive service -from • other entities providing trash collection, are not charged. 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for trash collection services. The District provides only trash collection and sewer service and charges collected for trash collection are used only for that purpose. Mr. Hamers stated he determined the rate increase is made necessary due to the increase in costs of providing special recycling programs as well as the contractual agreement to contractors regarding the Consumer Price Index increase. President Schafer verified from Joan Revak, Board Secretary/Program Manager, that all required notices were duly published. Ms. Revak reported the District received one (1) written protest to date from a total of 17,567 parcels notified. OPEN PUBLIC HEARING President Schafer opened the public hearing, requesting each speaker to limit • their comments to three minutes and advising participants that, by law, only a written protest will count. y COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 PAGE 6 • Mr. Walter Richardson, 486 Broadway, Costa Mesa, spoke stating he was very happy with the District's service. Mr. Martin Millard, 2973 Harbor Blvd., Costa Mesa, spoke and filed a written protest of the increase. CLOSE PUBLIC HEARING President Schafer closed the public hearing. DETERMINATION REGARDING PROTESTS President Schafer directed Ms. Revak, Board Secretary/Program Manager, to tally the number of protests. Ms. Revak reported there were two (2) protests filed out of a total of 17,567 parcels. President Schafer determined the protest failed. RESOLUTION NO. 2005 -694 CONFIRMING AND ADOPTING THE REPORT Director Ferryman motioned to adopt Resolution No. 2005 -694, A RESOLUTION • OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED CHARGES FOR TRASH COLLECTION ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR. Director Perry seconded. Motion carried 4 -0. PUBLIC HEARING — CONSIDERATION OF ANNUAL LIQUID WASTE CHARGES TO BE COLLECTED WITH THE GENERAL TAXES PRESENTATION OF REPORT Mr. Burns reported that Proposition 218 imposes both substantive and procedural requirements on the District with respect to increasing any fees. The District Staff is unsure as to whether Proposition 218 applies to the sewer rates, but has determined to comply with Proposition 218 out of an excess of caution. Regarding the substantive provisions of Proposition 218, the law provides that each property - related fee must meet the following test: 1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. • 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. • • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 nicyE� PAGE 7 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use or service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionality requirements. 5. No fee or charge can be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. Mr. Hamers presented a brief synopsis on liquid waste disposal charges for 2004- 05. Mr. Hamers outlined how the charges for liquid waste disposal meet the requirements of Proposition 218 as follows: 1. Revenues derived from the annual sewer fee charges do not exceed the funds required to provide the sewer service. The charges are calculated by adding together the costs of all the components of providing the service and then apportioning the required funds to each of the properties connected to the system. The components of providing the service include the yearly capital replacement projects, the maintenance and operation costs of maintaining the system and administration costs. 2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is imposed. No funds collected from the charges are used for expansion or augmentation to the sewer system, only the purposes ad designated in the applicable statutes. Similarly, no funds derived from the charges are used for solid waste collection, recycling, or administration thereof. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. Each parcel connected to the system falls into a property category type, which has a related estimated maximum sewer flow. The maximum estimated sewer flow is based on actual flow metering tests along with flow rates calculated and established by other sewer agencies. COSTA MESA SANITARY DISTRICT REGULAR MEETING MINUTES OF BOARD OF DIRECTORS RE fu AUGUST 12 2004 PAGE 8 • The total estimated maximum sewer flows and acres of property developed are used to determine the funding contribution from each property category type. Each individual parcel, based on the actual number of residential units or commercial /industrial /other square footage, is assigned its proportional share of the required funds of each property category type. Therefore, each property contributes its proportional share. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties are only charged if they are physically connected to the sewer system. Vacant land or properties with storage or other buildings not receiving sewer service are not charged. 5. No fee or charge is imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for sewer services. The District provides only trash collection and sewer service and all fees collected as sewer charges are used only for related expenses. President Schafer verified from Joan Revak, Board Secretary/Program Manager, • that all required notices were duly published. Ms. Revak reported the District received one (1) written protest to date from a total of 24,848 parcels notified. OPEN PUBLIC HEARING President Schafer opened the public hearing, requesting each speaker to limit their protest to three minutes and advising participants that, by law, only a written protest will count. Mr. Martin Millard, 2973 Harbor Blvd., Costa Mesa, spoke and filed a written protest of the increase. CLOSE PUBLIC HEARING President Schafer closed the public hearing. DETERMINATION REGARDING PROTESTS President Schafer directed Ms. Revak, Board Secretary/Program Manager, to tally the number of protests. Ms. Revak reported there was one (1) written protest filed • out of a total of 24,848 parcels. President Schafer determined the protest failed. • 0 • e ^xiho; COSTA MESA SANITARY DISTRICT oil' a1 MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 r PAGE 9 RESOLUTION NO. 2005 -695 CONFIRMING AND ADOPTING THE REPORT Director Perry motioned to adopt RESOLUTION NO. 2005 -695, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED USER FEE FOR LIQUID WASTE DISPOSAL AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR and to adopt the rates shown in the Engineer's Report as follows: Single Family Residence per unit per year $29.05 Multi Family Residence per unit per year $22.37 Commercial per 1000 sq ft per year $16.90 Industrial per 1000 sq ft per year $49.78 "Other' per 1000 sq ft per year $14.97 Director Worthington seconded. Motion carried 4 -0. WRITTEN COMMUNICATIONS Ms. Revak reported there was one written communication received, dated May 10, 2004 from Mrs. Sherrilynne Dangl, Kaiser Elementary School, thanking Director Worthington and Mr. Fauth for their presentation to the school. PUBLIC COMMENTS Mr. Martin Millard requested a copy of the agenda packet. MANAGER'S REPORTS ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Mr. Hamers presented the police report from June through July 2004. Location Calls for Service Cite /Arrest Area 1 2 3 Area II 6 3 Area III 7 1 Area IV 0 0 TOTAL 15 7 �o COSTA MESA SANITARY DISTRICT "c '`• '' v e� MINUTES OF BOARD_ OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 PAGE 10 • DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Shef reported he was on vacation for a portion of July. A report for July will be included with the August report. CMSD STRATEGIC PLAN YEAR 2003/2004 ACTION ITEMS Mr. Hamers presented the 2003/2004 Strategic Planning Action Items, reporting the District is on schedule for all items. SEPARATION OF DISTRICT FROM CITY SECOND DRAFT OF CITY OF COSTA MESA/CMSD AGREEMENT Mr. Burns reported recently receiving a draft from Ms. Lynn Nguyen. A full report will be presented after Staff reviews the document. TENANTIMPROVEMENTS • CHANGE ORDERS TO CIRKS CONSTRUCTION CONTRACT Mr. Fauth provided a matrix depicting the District Headquarters Tenant Improvement update. There were 28 items listed with the cost and reason for each change order item. The first ten items were approved during the Special Board Meeting of 7- 26 -04. Mr. Fauth reported three of the listed items (19, 21, and 22) are no longer required. Directors Perry Ferryman and Worthington requested a second opinion be obtained on the change order items. LAWN CARE AGREEMENT Mr. Fauth requested bids from three vendors and has received only one response to date. Mr. Fauth is anticipating responses from the other two vendors. MOVING COMPANY AGREEMENT Mr. Fauth reported he received three competitive bids for moving services. Mr. Fauth is attempting to arrange the move for September • 9, 10, and 11. Mr. Fauth will review the bids and make a determination as to which company to use. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 no • PAGE 11 HEADQUARTERS SECURITY AGREEMENT Mr. Fauth received three bids for security services. Staff is reviewing the bids. CENTSIBLE TILE AGREEMENT Mr. Fauth received a bid from Centsible Tile for $22,500. Mr. Fauth revised the work to be done and the bid is now $14,000. Mr. Fauth faxed the agreement to Centsible tile and is anticipating their response. Director Ferryman motioned to approve the agreement with Centsible Tile. Director Worthington seconded. Motion carried 4 -0. CARPETING AGREEMENT Mr. Fauth reported he has not yet finalized the carpeting agreement. The amount is approximately $19,000. Director Ferryman motioned to ratify the agreement. Director Perry seconded. Motion carried 4 -0. • RECYCLING REPORTS WASTE DIVERSION REPORT - JULY 2004 Ms. Revak reported the report had not yet been received from CR Transfer. Item continued to the August regular meeting. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR JULY 2004 SERVICES Director Perry motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of July 2004, in the amount of $186,712.29, subject to verification of the diversion report. Director Ferryman seconded. Motion carried 4 -0. COSTA MESA DISPOSAL REQUEST FOR FULLY- AUTOMATED SERVICE AND PRESENTATION OF MASTER PLAN AD HOC COMMITTEE MEETING - JULY 27, 2004 Mr. Hamers reported an Ad Hoc meeting was held on July 27, 2004. An • additional meeting has been set for August 17, 2004 to continue discussions. A Special Board meeting will be set upon completion of the Ad Hoc Committee meetings. ` +> COSTA MESA SANITARY DISTRICT a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 PAGE 12 • CITY COUNCIL MEETING — AUGUST 2, 2004 r1 fu • Mr. Hamers reported the City Council voted to move forward with a franchise fee to commercial haulers in the City as well as the Costa Mesa Sanitary District as a residential hauler. Mr. Hamers reported the City has included a provision in the City /District separation agreement that the District pay 5 percent of the gross revenue to the City of Costa Mesa. Mr. Hamers reported the City does not have the authority to impose a fee on the District. Mr. Hamers expressed his concern that the City will be adding an additional 7 percent charge to the already high commercial trash rates in the City without doing a study of commercial trash rates. Mr. Hamers suggested that the Board direct Staff to do an additional study of the commercial rates. Mr. Hamers stated that while a franchise rate for commercial haulers is appropriate, a study should be performed first to determine area rates and services. Mr. Hamers has set up a meeting with Mr. Alan Roeder and suggested that Mr. Burns meet with Mr. Tom Wood, Acting City Attorney. Director Worthington motioned to direct Staff to investigate commercial hauler rates. Director Ferryman seconded. Motion carried 4 -0. Mr. Martin Millard left the meeting at 7:25 p.m. I_1 STRATEGIC PLANNING 2004 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS Director Worthington reported he is anticipating a phone call from Ms. Garland regarding scheduling the schools for the public outreach programs. LARGE ITEM COLLECTION PROGRAM Director Worthington reported the Large Item Collection Program will conclude on September 1, 2004. As of July 30, 2004, 335.30 tons have been landfilled at a total cost of $7,374.50. Recyclable white goods collected during this period totaled 75.46 tons, amounting to a credit of $5,924.31 ($78.50 /ton) and a net cost to date of $1,450.19. +� +•e- COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 PAGE 13 • FALCON WATER -FREE FIXTURES Director Worthington reported there will be a Falcon water -free fixture installed on the second floor of the District headquarters building. MINI - TELEPHONE BOOK PROGRAM (YELLOW PAGES) The Mini Telephone Book Recycling Program will run from August 9, 2004 through September 20, 2004. Collection bins will be located in front of City Hall and at the Orange Coast College Recycling Center. VARIABLE RATE STRUCTURE FOR TRASH COLLECTION PROGRAM Director Worthington reported the Committee discussed the Variable Rate Structure for trash collection. BATTERY RECYCLING UPDATE Director Worthington presented a report from Mathew Mincer, intern, regarding recycling batteries. • Staff will deliver a Costa Mesa Sanitary District video to Mr. Richardson. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS- (WDR) GENERAL UPDATE Mr. Hamers reported the City of Stanton was fined $30,000. Mr. Hamers reported the Costa Mesa Sanitary District is still in high standing with the Regional Water Quality Control Board. Mr. Hamers presented a letter from Gerald J. Thibeault, Executive Officer, California Environmental Protection Agency, dated August 4, 2004. The letter is a request for a status report on the capacity assurance and sewer system rehabilitation plans required under general waste discharge requirements for sewage collection agencies in Orange County, Order No. R8- 2002 -0014 Mr. Hamers will respond to the letter by September 15, 2004. Mr. Hamers reported he and Mr. Fauth met with the FOG consultant and • will be bringing a year -two agreement to the Board in September. COSTA MESA SANITARY DISTRICT ryrye° MINUTES OF BOARD OF DIRECTORS REGULAR MEETING N" , AucusT 12, 2004 PAGE 14 • OCSD COOPERATIVE PROJECTS GRANT PROGRAM Mr. Hamers reported Staff submitted a Cooperatives Projects Grant for $621,000 to televise the entire system plus manhole assessment requesting 50% matching funds — a $320,000 grant, if approved. TREASURER'S REPORTS RESOLUTION NO. 2005 -696 ADOPTING A BUDGET FOR THE FISCAL YEAR 2004- 2005 Ms. Davis presented Resolution No. 2005 -696, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A BUDGET FOR THE FISCAL YEAR 2004 -05. Mr. Hamers provided a brief review of the budget. Director Perry motioned to adopt Resolution No. 2005 -696. Director Ferryman seconded. Motion carried 4 -0. • ATTORNEY'S REPORTS RESOLUTION NO. 2005 -692 — ORDERING THAT PUBLICATION OF ORDINANCE NO. 46 MEMORIALIZING THE DISTRICT'S COMPLIANCE WITH THE REGIONAL WATER QUALITY CONTROL BOARD'S WASTE DISCHARGE ORDER HAS OCCURRED. Mr. Burns presented Resolution 2005 -692, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 46 MEMORALIZING THE DISTRICT'S COMPLIANCE WITH THE REGIONAL WATER QUALITY CONTROL BOARD'S WASTE DISCHARGE ORDER HAS OCCURRED. Director Perry motioned to adopt Resolution 2005 -692. Director Worthington seconded. Motion carried 4 -0. RESOLUTION NO. 2005 -693 — ORDERING THAT PUBLICATION OF ORDINANCE NO. 47 ESTABLISHING PROCEDURES FOR PAYMENTS HAS OCCURRED Mr. Burns introduced Resolution No. 2005 -693, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 47 ESTABLISHING PROCEDURES FOR PAYMENTS HAS OCCURRED. • Director Ferryman motioned to adopt Resolution 2005 -693. Director Perry seconded. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 �Rt1i'UsLld�%j• • PAGE 1.J 5C SERVICE AGREEMENT FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE WITH CURBSIDE, INC. Mr. Burns presented the service agreement with Curbside Inc. Director Ferryman motioned to approve the agreement with Curbside Inc. Director Perry seconded. Motion carried 4 -0. UPDATE ON CONFLICT OF INTEREST LAWS, GOVERNMENT CODE 84308 Mr. Burns provided an update on Government Code Section 84308. The rule basically disqualifies a person who is appointed to a body from voting or taking action on a licensing, permit, or other entitlement matter involving a party who has given that person $250 or more as a contribution (including political contributions) within the past 12 months. Furthermore, such a person may not accept such a contribution for three months after rendering such a decision. Mr. Burns determined this would not apply to the Board's actions as a Director of The Costa Mesa Sanitary District, but would apply to an appointed position on other bodies such as the Orange County Sanitation District, LAFCO, or Orange County Flood Control. • LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) REGULAR MEETING - JULY 21, 2004 (DIRECTOR FERRYMAN Director Ferryman attended the OCSD meeting and reported the following: • 3 items discussed in closed session • Blake Anderson to undergo bypass surgery INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer attended the August 3, 2004, ISDOC meeting and reported the following: • Evaluation of Quarterly Meeting • September 301h Quarterly meeting with Chuck Smith and Moulton Niguel Water District as presenters. • LOCAL AGENCY FORMATION COMMISSION ( LAFCO) President Schafer attended the August 11, 2004, LAFCO meeting and reported the following: COSTA MESA SANITARY DISTRICT 6W, MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 12, 2004 PAGE 16 • • Announced new CEO for LAFCO — Joyce Crosthwaite • Sunflower /Fairview annexation to the Costa Mesa Sanitary District. Consideration of annexation of 103.5 acres of territory located in the City of Costa Mesa to Costa Mesa Sanitary District for the purposes of extending local sewer services to various existing and proposed commercial industrial and residential uses. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended the July 16, 2004, CSDA meeting and reported the following: • Reports presented • Discussed September Annual CSDA Conference on September 27 - 30, 2004 • Governor's budget • President Schafer up for reelection SPECIAL DISTRICT PUBLIC EDUCATION PROGRAM • President Schafer presented a contribution form from CSDA for Special District Public Education. Director Perry motioned to contribute $50 for the Special District Public Education Program. Director Worthington seconded. Motion carried 4 -0. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES 2005 ANNUAL CONFERENCE MONTEREY— AUGUST 4 -7 (DIRECTORS SCHAFER, PERRY, AND WORTHINGTON) President Schafer provided a written summary of the Conference. Director Perry provided a brief report highlighting information given on contractors and ADA. Director Worthington provided a brief report and discussed the addition of roots — FROG, to their sewer backup discussions. Director Worthington reported they received a great deal of information on biosolids. Director Worthington reported discussions were held regarding the televising of sewers and notification to homeowners of potential root • problems. Additional discussion held regarding requiring an examination of sewer lines on homes older than 25 years as a component of escrow. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING �. AUGUST 12, 2004 PAGE 17 OLD BUSINESS There was no old business discussed. NEW BUSINESS There was no new business discussed. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Ferryman's dinner for the Rangels was greatly appreciated by the Directors and Staff. A card for Bruce Mattern was circulated through the meeting for Board members to sign. ADJOURNMENT At 8:10 p.m., President Schafer adjourned the meeting. Aw SECRETARY i.