Loading...
Minutes - Board - 2005-08-09 (2)h 1` is COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on AuRust 9, 2005, at 12:00 p.m. at 628 W. 19t Street, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: President Ferryman called the meeting to order at 12:00 p.m. Director Perry led the Pledge of Allegiance Director Woodside gave the invocation. James Ferryman, Greg Woodside, Art Perry, Arlene Schafer, Dan Worthington None STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Wendy Davis, Treasurer; Sherry Kallab, Accountant; Denise Gilbert, Permit Processing Specialist OTHERS PRESENT: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ®� a AUGUST 9, 2005 ' PAGE 2 • 'rfi Sit: -. . ............................... CONSENT CALENDAR . ............................... Ms. Davis requested the Treasurer's Report be considered at a later date from the Consent Calendar, stating the report was not available due to the early meeting date. Director Schafer motioned to approve the Consent Calendar as presented, with the exception of the Treasurer's Report. Director Perry seconded. Motion carried 4 -0. Director Worthington arrived at 12:05 p.m. REPORTS MINUTE APPROVAL Minutes of Regular The Minutes of the Regular Meeting of July 11, Meeting, 2005, were approved as distributed. July 11, 2005 0 CCM /MCWD /CMSD The Minutes of the CCM /MCWD /CMSD Liaison Liaison Committee Committee Meeting of July 22, 2005, were Meeting, July 22,2005 approved as distributed. MANAGER'S REPORTS Refunds There were no refunds for the month of July 2005. Occupancy Report and The Trash Occupancy Count documented an Payment of $194,616.34 increase of 1 unit for the occupancy report for solid to Costa Mesa Disposal — waste collection as of August 1, 2005, therefore, August 2005 the total for August is 21,257. Board directed Staff to prepare a warrant for $194,616.34 to Costa Mesa Disposal on September 1, 2005, for August 2005 collection count of 21,257. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for July 2005 was Control Board (RWQCB) accepted as submitted. • f COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 r, PAGE 3 ENGINEER'S REPORTS Project Status Report The Project Status Report dated August 2005 was accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of June 30, 2005 was June 30, 2005 accepted as submitted. Treasurer's Report as of The Treasurer's Report was not yet completed and July 31, 2005 will be presented at the September meeting. Warrant 2006 -2 for August Warrant Resolution #CMSD 2006 -2 was approved, 2005 in the amount of authorizing the President and Secretary to sign the $609,014.89 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $609,014.89. Directors Expenses for the Director Compensation and Expense Month of July 2005 Reimbursement for the Month of July 2005 were approved and ratified as follows: Director Ferryman: $170.00 Director Perry: $680.00 Director Schafer: $1,020.00 Director Woodside: $340.00 Director Worthington: $850.00 END OF CONSENT CALENDAR .......................... ATTORNEY'S REPORT INDEMNIFICATION PROVISIONS IN CMSD AGREEMENTS Mr. Burns provided a brief report regarding indemnification provisions in CMSD Agreements. Mr. Burns stated he recommends the broadest indemnity possible to minimize the District's exposure. SDRMA concurred • and provided a statement reflecting this position. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 PAGE 4 Mr. Burns reported the District requested a broad indemnification from the City of Costa Mesa in the City /District Agreement, the same requested of all service providers to the District. Mr. Hamers commended Mr. Burns for his foresight in having the District contact SDRMA, the District's insurance provider, to ascertain their recommendations to the District. CITY /DISTRICT AGREEMENT Mr. Burns provided a brief update on the current status of the City /District Agreement. Discussion was held. The Board instructed Staff to prepare a letter for the President's signature to the Mayor, City of Costa Mesa City Council, and Allan Roeder on behalf of the Board stating that no agreement has been reached on the contract language and it has been 13 months without an agreement in place. Therefore, 120 day notice will be given to the City of Costa Mesa that the District intends to discontinue use of the City's field crews. Barring a change in the City's position, the District will utilize alternate means of field crew services beginning December 15, 2005. The District plans on relocating its equipment from the City Yard by this same date. A copy of previous communication of January 13, 2005 will be included with the letter. Director Worthington motioned to direct Staff to prepare a letter to the Mayor, City of Costa Mesa City Council, and Mr. Allan Roeder as directed. Director Perry seconded. Motion carried 5 -0. CURBSIDE HHW AGREEMENT Mr. Hamers reported Curbside Inc. is no longer a part of Safety Clean and provided a brief report regarding the District's possible liability. Discussion was held. The item was tabled and will be discussed at the September regular meeting. • v COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 PAGE 5 COSTA MESA DISPOSAL AND CR TRANSFER CONSOLIDATED AGREEMENT Mr. Burns reported he has continued to make phone calls to Costa Mesa Disposal and CR Transfer and has not received a response. WRITTEN COMMUNICATIONS Ms. Revak reported there were no written comments received. PUBLIC COMMENTS There was no public in attendance, no public comments made. MANAGER'S REPORTS STANDARDIZED TRASH CONTAINER PROGRAM REPORTS Mr. Fauth presented the Ordinance Enforcement Summary Report for the month of August 2005. Approximately 20 courtesy flyers were distributed to residents and three containers sprayed to cover graffiti markings. Discussion held regarding trash containers in alleys. Director Worthington suggested having Mr. Shef take photographs of the alleys and present them for the Board's review. Mr. Fauth will provide Mr. Shef with a list of alleys compiled from complaints received. CMSD STRATEGIC PLAN YEAR 2005 STRATEGIC PLANNING ACTION ITEMS NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE UPDATE ON IMPROVEMENTS • Mr. Fauth presented a reproduction of the landscape improvement drawing from Mr. Peter Weisbrod and provided a brief overview of changes. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 :. PAGE 6 Mr. Fauth reported the contractor was contacted regarding the front and rear doors corrections. Mr. Fauth reported the right -of -way vacation for the flag pole location will be available after August 15, 2005. Mr. Fauth reported he is receiving quotes to paint the exterior of the building. REPAIR ROOF, PAINT BUILDING EXTERIOR, INSTALL LANDSCAPE IMPROVEMENTS Mr. Fauth provided a review of the repair matrix listing items in order of repair precedence and requested approval from the Board. In accordance with the District's rules and regulations, the Ad Hoc Committee will accept bids and orchestrate the building improvements shown in the CMSD Headquarters Matrix, not to exceed $15,000. Any bid over $15,000 will be brought to the Board for approval. RESPONSE FROM CR &R ON TRASH COLLECTION RATES Mr. Fauth reported he spoke to Mr. Ronnenberg of CR &R regarding the trash collection rates. Mr. Ronnenberg stated he delegated the item to his CFO. Mr. Fauth reported a written response should be received within the week. Mr. Burns left the meeting at 1:25 p.m. • n U PI COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 '® PAGE 7 RECYCLING COMMITTEE - MONDAY, AUGUST 8, 2005 - 12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA, DIRECTORS WOODSIDE AND WORTHINGTON The Recycling Committee meeting was postponed to later in the month. RECYCLING COMMITTEE GOALS FOR 2005/2006 TOURS OF CR TRANSFER AND OC LANDFILL TOUR HELD JULY 13, 2005 Mr. Fauth presented photographs and a brief update on the July 13, 2005 tour. TOUR SCHEDULED FOR AUGUST 24, 2005 Mr. Fauth reported an additional tour has been scheduled for August 24, 2005. NON - PROFIT. GROUP RECYCLING PROJECTS Nothing reported due to postponement of Recycling Committee meeting. LARGE ITEM COLLECTION 2005 Ms. Revak reported the Large Item Collection program began June 13, 2005 and will run until August 26, 2005. As of July 29, 2005, 274.79 tons were landfilled at a total cost of $6,045.16. Recyclable White Goods collected during this period totaled 105.68 tons, for a credit of $10,575.48, amounting to a net credit to date of $4,530.32. Ms. Revak reported CR &R is paying $22 /ton to dispose of trash and CMSD is being paid $100 /ton for white goods. White goods account for 25% of all items collected. RECYCLING REPORTS WASTE DIVERSION REPORT -JULY 2005 • Ms. Revak presented the Waste Diversion Reports for July 2005 showing a 50.89% diversion rate. I COSTA MESA SANITARY DISTRICT { MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 PAGE 8 i Director Perry motioned to receive and file the report. Director Schafer seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR .TUNE 2005 SERVICES Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of June 2005 in the amount of $209,434.55. Director Woodside seconded. Motion carried 5 -0. PAYMENT FOR JULY 2005 SERVICES Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of July 2005 in the amount of $191,678.56. Director Woodside seconded. Motion carried 5 -0. JOINT MEETING WITH MIDWAY CITY SANITARY DISTRICT (MCSD) AT CMSD HEADQUARTERS 0 Ms. Revak reported no meeting date has been received from Midway City. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS - (WDR) GENERAL UPDATE Mr. Hamers reported the Statewide WDR is being drafted and Steering Committee members are meeting to review and provide comments. Mr. Hamers reported the lawsuit between Coastkeepers and the Garden Grove Sanitary District has not yet been settled. PROJECT NO. 174 - GREASE CONTROL PROGRAM DEVELOPMENT Mr. Hamers provided a FOG (Fats, Oils, and Grease) map for the Board's review. Mr. Fauth provided an update on the Permit statistics. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 ' PAGE 9 Mr. Fauth provided a brief review of the FOG recovery charges. Mr. Fauth reported establishments will be charged as follows: $150 for each hot food establishment $60 for each cold food establishment In the original matrix, there were 59 hot food establishments and 373 cold food establishments identified. Due to the latest data received, there were 386 hot food establishments defined and 16 cold food establishments. Mr. Fauth's originally anticipated $142,000 in fees collected. With the updated information, a total of $172,000 is anticipated, an increase of $30,000. Discussion was held. L Director Perry motioned to approve the FOG recovery charges of $2.31, $60.00, and $150.00 as shown in Mr. Fauth's report. Director Worthington seconded the motion. Motion carried 5 -0. DEVELOPMENT AGREEMENT AT 1901 NEWPORT BLVD. - EXCESS SEWER FLOWS Mr. Hamers reported the agreement is not ready for presentation. INDEPENDENT ENGINEER'S REVIEW OF 2004 -2005 AND 2005 -2006 CAPITAL IMPROVEMENT PROGRAM Mr. Hamers provided the review for Board consideration. Director Schafer motioned to approve the Independent Engineer's Review of 2004 -2005 and 2005 -2006 Capital Improvement Program, subject to making the recommended changes, and payment of the invoice of $1,875.00. Director Woodside seconded. Motion carried 5 -0. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING j!a " AUGUST 9, 2005 PAGE 10 3tyy PROJECT #166 - MANHOLE AND PUMP STATION RECOATING Mr. Hamers reported Project #166 has been completed and recommended the Board accept the improvements as completed and file a Notice of Completion, authorize payment of 5% retention 35 days after Notice of Completion is recorded, and exonerate Labor and Material Bond 35 days after Notice of Completion is recorded. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Director Woodside motioned to accept the improvements as completed and file a Notice of Completion, authorize payment of 5% retention 35 days after Notice of Completion is recorded, and exonerate Labor and Material Bond 35 days after Notice of Completion is recorded, exoneration of Faithful Performance Bond one year after Notice of Completion is recorded. Director Perry seconded. Motion carried 5 -0. PROJECT #101 - WESTSIDE PUMPING STATION ABANDONMENT Mr. Hamers presented Project #101 - Westside Pumping Station • Abandonment, and a proposal to begin the design phase of the project. Mr. Hamers recapped the favorable comments for the project included in the independent engineer's review of the project. Director Schafer motioned to authorize preliminary engineering of Project #101, Westside Pumping Station Abandonment, not to exceed $15,000. (Engineer $80.00 /hour and 2 -man surrey crew ($185 /hour). Director Perry seconded. Motion carried 5 -0. PROJECT #168 - TUSTIN PUMPING STATION RELOCATION - PHASE 1 Mr. Hamers tabled Project #168 Tustin Pumping Station Relocation — Phase 1. TREASURER'S REPORTS CORRECTED LAFCO FUNDING CONTRIBUTION FROM CMSD Ms. Davis presented a corrected LAFCO funding contribution report. Ms. Davis reported the Board previously approved fees for the LAFCO contribution of $11,781.73. • Ms. Davis reported LAFCO had an error in their formula on their worksheets, resulting in a corrected contribution amount of $16,541.57. i r, 11 C. C] COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 PAGE 11 Director Perry motioned to re- approve Resolution No 2005 -711, Approving an Alternative Formula for Distributing LAFCO Fees Among the Independent Special Districts in Orange County, approve the corrected LAFCO contribution in the amount of $16,541.57, and an adjustment of $4,761.00 from contingency to fund the professional membership dues. Director Woodside seconded. Motion carried 5 -0. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) REGULAR MEETING - JULY 20, 2005 (PRESIDENT FERRYMAN /DIRECTOR SCHAFER) Director Schafer attended the OCSD meeting. Director Ferryman reported the following: • Blake Anderson submitted resignation — Board did not accept the resignation , • Oversight Committee monitoring Anderson SANTA ANA RIVER FLOOD PROTECTION AGENCY The Santa Ana River Flood Protection Agency Meeting was cancelled. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) Director Schafer attended the meeting on August 2, 2005 and reported they discussed the following: • Next meeting at OCSD (October 28, 2005 - Quarterly meeting) • LAFCO dues • California Governor requested to be speaker at next meeting LOCAL AGENCY FORMATION COMMISSION ( LAFCO) Director Schafer will attend the August 10th meeting and provided a brief update of the items on the agenda to be discussed. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 PAGE 12 • CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) Director Schafer participated in a conference call CSDA meeting and reported they discussed the following: • August 23, 2005 meeting in Oxnard • Annual Conference in Long Beach ANNUAL CONFERENCE AND EXHIBITOR SHOWCASE - SEPTEMBER 27-29,2005, LONG BEACH Director Perry motioned to approve attendance for Directors Schafer and Worthington, to the September 27 -29 CSDA Conference and Exhibitor Showcase in Long Beach. Director Woodside seconded. Motion carried 5 -0. MEETINGS OF: COSTA MESA CITY COUNCIL, OCCOG, WACO, CHAMBER OF COMMERCE WACO Director Schafer attended the WACO meeting of August 5, 2005, and reported the following: • CSDA program guest speakers • Update on Federal Water Issues OLD BUSINESS There was no old business discussed. NEW BUSINESS RESOLUTION NO. CMSD-2005 -712 - ELECTION OF SEVEN DIRECTORS TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY BOARD OF DIRECTORS Director Schafer provided a brief update on the upcoming election. • Director Schafer motioned to adopt Resolution No. CMSD- 2005 -712 — Election of Seven Directors to the Special District Risk Management Authority . Board of Directors. Director Woodside seconded. Motion carried 5 -0. A u ®tl _ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 2005 PAGE 13 ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Perry requested the Ad Hoc Committee meeting date be changed to September 30, 2005. ADJOURNMENT At 8:13 p.m., President Ferryman adjourned the meeting. SECRETARY • PRESIDENT