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Minutes - Board - 2006-12-14A COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on December 14, 2007, at 6:00 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF ALLEGIANCE 0 INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: President Ferryman called the meeting to order at 6:00 p.m. Director Perry led the Pledge of Allegiance. Former Director Greg Woodside gave the Invocation. James Ferryman, Arlene Schafer, Art Perry, Gary Monahan, Bob Ooten 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; Debbie Bjornson, Permit Processing Specialist. OTHERS PRESENT: Mr. Greg Woodside, Costa Mesa Mr. Dan Worthington, Costa Mesa Mr. Marc Davis, CBIZ Ms. Gina Keuilian, 1079 Visalia Drive, • Costa Mesa �g�snui'r y $a COSTA MESA SANITARY DISTRICT - MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 2 The Board presented former Director Dan Worthington with a service award plaque honoring him and acknowledging his many years of dedication to the Costa Mesa Sanitary District. Mr. Worthington thanked the Board for the award and the opportunity to serve and learn. Mr. Worthington stated he will be a regular member of the public attending the District's meetings. President Ferryman welcomed the newly elected members of the CMSD Board, Directors Monahan and Ooten. ELECTION OF OFFICERS ELECTION OF DISTRICT OFFICERS (PRESIDENT, VICE PRESIDENT, & SECRETARY) President Ferryman opened nominations for the office of President of the Costa Mesa Sanitary District. President Ferryman nominated Director Art Perry for President. Director Schafer is seconded. President Ferryman motioned to close nominations. Director Schafer seconded. President Ferryman closed nominations. Motion to appoint Director Perry as President carried 5 -0. President Perry opened nominations for Vice President of the Costa Mesa Sanitary District. Director Ooten nominated Director Schafer. Director Ferryman seconded. President Perry closed nominations. Motion to appoint Director Schafer as Vice President carried 5 -0. President Perry opened nominations for Secretary of the Costa Mesa Sanitary District. Director Schafer nominated Director Bob Ooten. Director Monahan seconded. Director Schafer motioned to close nominations. Director Ferryman seconded. President Perry closed nominations. Motion to appoint Director Ooten as Secretary carried 5 -0. APPOINTMENT OF ORANGE COUNTY SANITATION DISTRICT REPRESENTATIVE (CURRENTLY DIRECTOR FERRYMAN) Director Ferryman is currently the Chairman of the OCSD Board. President Perry stated he felt Director Ferryman should continue as OCSD representative. Mr. Hamers related that OCSD has developed a policy that a representative should continue, if possible, to reduce the amount of training necessary. Board unanimously determined Director Ferryman as OCSD representative. COSTA MESA SANITARY DISTRICT jao�lv,! mow. MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 3 President Perry inquired if Director Ooten would be interested in serving as alternate for OCSD. Director Ferryman nominated Director Ooten as Orange County Sanitation District alternate representative. Director Monahan seconded. Motion carried 5 -0. Director Ooten will serve as representative in the event of Director Ferryman's absence. All Directors will continue to attend the OCSD meeting on a rotating basis. APPOINTMENT OF INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY REPRESENTATIVE (CURRENTLY DIRECTOR SCHAFER) Director Monahan motioned to appoint Vice President Schafer as CMSD representative on Independent Special Districts of Orange County. Director Ferryman seconded. Motion carried 5 -0. APPOINTMENT OF SANTA ANA RIVER FLOOD CONTROL AGENCY REPRESENTATIVE (CURRENTLY DIRECTOR PERRY) Director Ooten motioned to appoint President Perry as CMSD representative to the Santa Ana River Flood Control Agency. Director Monahan seconded. Motion carried 5 -0. APPOINTMENT OF CMSD RECYCLING COMMITTEE CHAIRMAN Vice President Schafer motioned to appoint Director Ooten as CMSD Recycling Committee Chairman. Director Ferryman seconded. Motion carried 5 -0. _APPOINTMENT OF CSDA REPRESENTATIVE (CURRENTLY DIRECTOR SCHAFER Director Ferryman nominated Vice President Schafer as CMSD representative to CSDA. Director Monahan seconded. Motion carried 5 -0. BOARD CONSIDERATION OF ATTENDANCE & REPORTING ON MEETINGS OF COSTA MESA CITY COUNCIL, OCCOG, WACO, AND COSTA MESA CHAMBER OF COMMERCE Vice President Schafer has been attending and providing reports for City Council, OCCOG, WACO, and Costa Mesa Chamber of Commerce and providing reports for the Board. • COSTA MESA SANITARY DISTRICT . %p SANtTgd' ;o °s •r ;f "a::,, MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 4 Director Ooten reported he currently Department Commission meetings and represent the District at those meetings. attends Integrated Waste Management CWEA and inquired whether he could Mr. Hamers stated that any Director may represent the District at any meeting within Orange County without prior approval of the Board. A meeting report to the CMSD is required. Director Ferryman offered to attend the Chamber of Commerce meetings. Vice President Schafer stated she will be attending them for CSDA. Mr. Hamers reported Directors are compensated for a "day's service" by state law, not to exceed 6 meetings per month, and if two meetings are attended in the same day, it is still considered one day's service to the District. Meetings with Staff have not been previously considered for compensation. Mr. Burns stated anything in the public's best interest could be considered for compensation. Any meeting in question will be brought before the Board for a decision. Directors Monahan and Ooten will be provided with a copy of pertinent laws that Directors should know upon being elected to the CMSD. Director Monahan suggested developing a committee to disseminate information to the public regarding the trash containers. President Perry suggested discussing the development of a committee at the upcoming Strategic Planning meeting. APPOINT TWO DIRECTORS TO SEWER LATERAL SUBCOMMITTEE Vice President Schafer motioned to appoint Directors Monahan, Ooten, and Ferryman to the sewer lateral subcommittee. Director Ferryman seconded. Motion carried 5 -0. SCHEDULE DIRECTOR PHOTOGRAPHS Ms. Revak reported she made arrangements with Steve Giraud for Directors to schedule their photography session. Ms. Revak provided contact information for ' Mr. Giraud to Directors. . ............................... CONSENT CALENDAR . ............................... Director Ferryman motioned to approve the Consent Calendar as presented. Director Ooten seconded. Motion carried 5 -0. is >r _!��Anyry REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting — November 3, 2006 Minutes of Regular Meeting — November 8, 2006 MANAGER'S REPORTS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 5 The Minutes of the Recycling Committee Meeting of November 3, 2006, were approved as distributed. The Minutes of the Regular Meeting of November 8, 2006, were approved as distributed. Occupancy Report and The Trash Occupancy Count documented an Payment of $195,138.19 increase of 2 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of December 1, 2006. Therefore, December 2006 the total for December is 21,314. Board directed Staff to prepare a warrant for $195,138.19 for December 2006 collection based on occupancy report. Said payment in the amount of $195,138.19 to Costa Mesa Disposal to be ratified on the January 2007 warrant resolution. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for November Control Board (RWQCB) 2006 was accepted as submitted. Additional Container The Additional Container Program Report showing Program Report 2,630 containers as of December 6, 2006 was accepted as submitted. ENGINEER'S REPORTS Project Status Report The Project Status Report dated December 2006 was accepted as submitted. COSTA MESA SANITARY DISTRICT ,r�SpSAAltpY �\ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 1 4, 2006 PAGE 6 TREASURER'S REPORTS Financial Report as of The Financial Report as of November 30, 2006 November 30, 2006 was accepted as submitted. Treasurer's Report as of The Treasurer's Report as of November 30, 2006 November 30, 2006 was accepted as submitted. Warrant 2007 -6 for Warrant Resolution #CMSD 2007 -6 was approved, September 2006 in the authorizing the President and Secretary to sign the amount of $622,410.09 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $622,410.09. Directors' Expenses for Director Compensation and Expense the Month of November Reimbursements for the Month of November 2006 2006 were approved and ratified as follows: Director Ferryman: $170.00 Director Perry: $680.00 Director Schafer: $1,020.00+ 185.70 Vice President Woodside: $340.00 Director Worthington: $850.00 0..•• ..................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATION Ms. Revak reported there were no written communications. PUBLIC COMMENTS Mr. Greg Woodside was in attendance to support Dan Worthington receiving the plaque from the Board and to personally express his appreciation to Mr. Worthington. Mr. Woodside stated Dan Worthington had been a model Board Member. Mr. Woodside left the meeting at 6:40 p.m. • 0 • • µ�rl£?CtC0.1v"' l MANAGER'S REPORTS SEWER SYSTEM PLANNING COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 7 LONG TERM SEWER REPLACEMENT FUND LIFE EXPECTANCY OF SEWER LINES REVIEW OF SEWER MASTER PLAN REVIEW OF ORANGE COUNTY SEWER RATES Mr. Hamers reported he is concerned with the current budgetary level as compared to expenditures out in the field. Mr. Hamers requested the Treasurer bring back a mid year budget review to the Board for discussion. DIRECTOR ORIENTATION FOLLOW UP Mr. Hamers inquired if any of the Board members had any follow up questions or comments from the Director Orientation. President Perry reported he found the orientation very informative and stated he learned new additional information about the District. CMSD STRATEGIC PLAN YEAR 2005/2006 STRATEGIC PLANNING ACTION ITEMS YEAR 2007/2008 STRATEGIC PLANNING WORKSHOP SCHEDULED FOR JANUARY 26 & 27, 2007 Mr. Hamers confirmed the dates of January 26 and 27, 2007 for the Strategic Planning Workshop. PRE - MEETING - JANUARY 22, 2007 AT 6:00 P.M. Mr. Hamers confirmed the dates of the pre- meeting of January 22, 2007. All Directors will attend the pre- meeting. COSTA MESA SANITARY DISTRICT ,, >S�SAHJTgjlt'�. MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 re '`���,` • ` �;�` PAGE 8 'r�POYASEU FLEXIBLE BENEFIT ACCOUNT INCREASE BUDGET ADJUSTMENT IN THE AMOUNT OF $2,000 Ms. Davis reported the District committed to match the benefits that the City employees received upon separation from the City of Costa Mesa. Ms. Davis reported the City has approved a $55 increase to the Flexible Benefit Account. Ms. Davis requested the same increase for District employees. The benefit bucket has not increased in the last five years, but employee premiums have increased over 29% in the past two and a half years. Ms. Davis requested a budget adjustment of $2,000 to cover the increase in cost. Director Monahan motioned to increase the Flexible Benefit Account by $55 per month per employee and to approve the budget adjustment of $2,000. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten • Noes: None DISTRICT YARD UPDATE Mr. Fauth reported the District is continuing the agreement to utilize the Fair Grounds to park District vehicles. The agreement is slated to expire on May 31, 2007. Mr. Fauth met with Doug Loftstrum who committed to take the information to his staff and to the Fair Board to attempt to build the agreement into the long term plan for the Fair Grounds improvements. Mr. Fauth anticipates acceptance of the agreement. Mr. Fauth reported he is still actively looking for a suitable property for purchase to locate a District Yard. NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE Update on Column Improvements, Painting, and Landscaping Mr. Fauth reported the painting is underway and expected to be completed within the week. Mr. Fauth reported the landscaping will begin le after the painting is completed. The landscape plan includes the removal of the walkway and the installation of a perimeter fence. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 9 RECYCLING REPORTS WASTE DIVERSION REPORT - NOVEMBER 2006 Ms. Revak presented the Waste Diversion Reports for November 2006 showing a 50.44% diversion rate. Vice President Schafer motioned the Waste Diversion Report be received and filed. Director Monahan seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND Dlspnsel PAYMENT FOR NOVEMBER 2006 SERVICES Ms. Revak presented the Invoices for November 2006 recycling services and disposal. Director Ferryman motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of November 2006 in the amount of $176,156.34. Vice President Schafer seconded. Motion carried 5 -0. Director Perry motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of November 2006 in the amount of $11,759.43. Director Schafer seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None ORDINANCE ENFORCEMENT OFFICERS REPORT Mr. Hamers reported Mr. Shef is recuperating from a recent surgery and will be returning to work soon. Vice President Schafer inquired as to what-the procedure should be when residents place trash bags on top of the containers. Mr. Hamers reported residents are supposed to have enough containers to fully contain their trash within the trash container with the lid closed. Mr. Hamers reported he has talked with CR &R regarding picking up bagged trash and reported the District is attempting to balance between being user - friendly and being efficient. Allowances are made during Christmas when the volume of trash is increased. COSTA MESA SANITARY DISTRICT ��AgANt tqy� MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 10 Mr. Burns read the District's ordinance and stated there is a provision for an occasional heavy duty trash bag to be used. Mr. Hamers reported Mr. Worthington had previously investigated the issue as to what is being done throughout California. Mr. Hamers suggested further discussion on the issue. Ms. Davis reported the District is in the third month of reduced tonnage since instituting the new container policy. Ms. Davis estimated an almost $200,000 savings per year. UPDATE ON MONITOR VIDEO Mr. Fauth met with representatives from Monitor Video on November 12, 2006 and reported discussing the content and time schedule for completion of the new video. He anticipated having the video presented in five separate modules for web viewing. The script will be submitted by January 22, 2007 with an anticipated March /April completion date. The modules include an overview of the District, and components to highlight sewer, trash, and recycling efforts. RECYCLING COMMITTEE — MONDAY, DECEMBER 11, 2006 - 12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA Ms. Revak advised Board members that the December Recycling Committee Meeting was adjourned to January 8, 2007 to allow the appointment of a new Committee Chairman. Director Ooten was appointed as Chairman and Ms. Revak will set up a rotating attendance schedule for the remaining Board Members. RECYCLING COMMITTEE GOALS FOR 2005/2006 TELEPHONE BOOK RECYCLING PROGRAM - NOVEMBER 13 THROUGH DECEMBER 22, 2006 Ms. Revak reported the telephone book recycling program is going well with Estancia High School, Tewinkle Middle School, and Pomona Elementary currently leading in collection numbers. • E -WASTE EVENT - FEBRUARY 24, 2007 AT CITY CORPORATION YARD 0 • • rlO� ASAAt7 tc fit' COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 11 DISPOSAL OF ELECTRONIC AND UNIVERSAL WASTES THROUGH CR &R Mr. Hamers explained CR &R collects a -waste in other jurisdictions they serve, and the District could pay the hauler to provide the service to District residents. A proposal listing options was distributed to the Board for their review. Mr. Fauth reported he is investigating a grant program to provide the service to the District at no cost to residents. Additional information will be available at the January 8, 2007 meeting. SOURCE REDUCTION INTEGRATED WASTE MANAGEMENT DEPARTMENT MATCHING FUND OPPORTUNITY Director Ooten reported to the Board that the Integrated Waste Management Department has placed a surcharge on self - hauled waste in an effort to limit the amount of recyclables taken to the landfill. The monies garnered from that surcharge will be made available for a matching fund opportunity. Criteria for the program are currently being developed. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers reported the District underwent a successful transition to the State. program. Director Ooten motioned to accept the report. Vice President Schafer seconded. Motion carried 5 -0. ANNIVERSARY LANE WATER LINE — IRWD Mr. Hamers presented the letter to Mr. Paul Jones, General Manager, IRWD, dated November 27, 2006. The letter requests the IRWD Board of Directors formalize the reimbursement of water line protection costs. Vice President Schafer motioned to accept the report. Director Ferryman seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT �yp5A9tTq }, MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 12 CMSD PROJECT #129 — BRISTOL STREET THREE -PARTY AGREEMENT RESOLUTION MAKING FINDINGS REGARDING BRISTOL STREET SEWER Mr. Burns presented the Resolution 729, A Resolution of the Board of Directors of the Costa Mesa Sanitary District Making Findings Regarding the use of Redevelopment Money for a Public Project. Director Monahan motioned to adopt Resolution 729. Director Ferryman seconded. Motion carried 5 -0. NEW THREE PARTY AGREEMENT FOR CONSTRUCTION OF BRISTOL STREET SEWER Director Monahan motioned to approve the Three Party Agreement for construction of Bristol Street Sewer. Director Ferryman seconded. Motion carried 5 -0. TREASURER'S REPORTS • TRANSITION TO NEW TREASURERMIRECTOR OF FINANCE Mr. Hamers presented a letter from Mr. Marc Davis, CBIZ, dated November 29, 2006. Mr. Hamers reported the Board has approved a transition plan with the condition of making sure the Board was comfortable with the new treasurer. Mr. Davis proposed a two - person team that includes himself and Ms. Alison Sm idt. Mr. Hamers reported Director Monahan wanted to divulge that he employs Mr. Marc Davis and his CBIZ firm as his business accountant. Director Monahan requested Mr. Burns to advise him as to whether or not it would be a conflict of interest in voting with Mr. Davis as District Treasurer. Mr. Burns stated since Mr. Monahan employs CBIZ, they are not a source of income for Mr. Monahan, therefore, not a conflict of interest. Ms. Davis proposed the signature change be handled by resolution at the January 2007 meeting along with the bank forms. The bonding through SDRMA is by position and not by person, so no changes will need to be made with SDRMA. The Board expressed their confidence with CBIZ and had no additional questions for Mr. Davis. - AS'sieiray' , COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING rq py :;g r-1 �" a!� DECEMBER 14, 2006 PAGE 13 Mr. Davis will be formally appointed as District Treasurer in the proposed resolution to be presented in January. TRASH AND SEWER CHARGE CORRECTIONS Ms. Davis presented a list of trash and sewer charge corrections for the Board's review. Mr. Hamers reported these corrections are not normally brought to the Board, but handled as a correction of records rather than as a refund. AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED .JUNE 30, 2006 Ms. Davis reported the District received a clean opinion for their audited financial statement for the fiscal year ended June 30, 2006. Vice President Schafer motioned to accept the report. Director Ferryman seconded. Motion carried 5 -0. MANAGEMENT LETTER RESPONSE Ms. Davis presented the management letter response from Diehl, Evans & • Company, LLP. The comments were the same as the' prior audit since they performed the two audits simultaneously. Recommendations were made regarding journal entries, purchasing, capital assets, billings, and related party transactions. Ms. Davis reported she expects everything except for the capital assets to be addressed by the next audit. Director Ferryman motioned to accept the report. Director Ooten seconded. Motion carried 5 -0. LIEBERT CASSIDY WHITMORE ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM MEMBERSHIP INVOICE FOR THE PERIOD 01/01/2007 THROUGH 12/31/2007 IN THE AMOUNT OF $2,506.00 Ms. Davis requested approval for membership invoice to Liebert Cassidy Whitmore in the amount of $2,506.00. Vice President Schafer motioned to approve the invoice for $2,506.00. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING '`7 J DECEMBER 14, 2006 PAGE 14 ��fJYPGBATE�:t?/i INVESTMENT OVERSIGHT COMMITTEE MEETING — THURSDAY, DECEMBER 14, 2006 AT 5:00 P.M. (DIRECTORS MONAHAN AND OOTEN) Ms. Davis conducted an Investment Oversight Committee meeting where they discussed an overview of the budget, investment policy, treasurer's report, and the treasurer transition plan. Ms. Davis will provide a mid year review to the Board at the January regular meeting and the Board will determine whether to discuss it at the pre- meeting of the strategic plan or set a special meeting. President Perry motioned to accept the report. Vice President Schafer seconded. Motion carried 5 -0. ATTORNEY'S REPORT POLICY ON DIRECTOR FINDINGS FOR ABSENT DIRECTOR Mr. Burns reported the Board requested he investigate the law on absences. Mr. Burns reported there is a state law that says if you fail to perform for three consecutive months, you automatically vacate the office. Mr. Burns suggested having the item as a standing item on the agenda so that if an absence occurs, the Board can determine whether or not it is an excused absence. Board approved the item as a standing addition to the agenda. CMSD ORDINANCE NO. 57 REGARDING TRASH CONTAINERS Mr. Burns provided a brief background report on the trash containers for the benefit of the new Board members. Mr. Burns presented Ordinance No. 57, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REGARDING TRASH CONTAINERS. Director Monahan inquired whether or not there were additional changes to the Ordinance other than ownership of the containers. Mr. Fauth stated there was a change to Section 3 regarding the limitation of the 125 gallon volume. Ms. Davis reported the baseline of service was set at two 60- gallon containers, or a total of 120 gallons. Since there were many residents in possession of two 90- gallon containers, they were grandfathered in so they would not have to pay the additional fee for the overage. • • sARIr COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE15 Director Monahan stated that since he is a new Board member, he would appreciate the opportunity to receive additional information on the Ordinance and its background before voting one way or the other. Mr. Burns reported there was no need to adopt the Ordinance immediately and suggested bringing a revised Ordinance to the Board in January to just transfer the ownership of the containers and then develop an additional Ordinance after a more detailed discussion was held. The Ordinance was continued to the January 2007 regular meeting. Director Ooten inquired if the containers would be altered to remove the District's logo. Mr. Hamers reported CR &R is free to alter the containers, but since the logo is molded in, the name change will probably occur as new containers are put into use. SELECTED LAWS ALL PUBLIC OFFICERS SHOULD KNOW Mr. Burns noted the memorandum did not appear in the Board packet that was distributed; therefore the item was continued to the January 2007 regular meeting. The memorandum will be sent to the new Board members immediately to allow time to review it before the January meeting. SB 1308 - VOTE TRADING/COERCION Mr. Burns presented information on SB 1308, a law that makes it a crime to use leverage or influence to obtain a vote in a government action. Mr. Burns expressed his concern over the law and stated its full impact is not yet appreciated. MANAGER'S ONE -ON -ONE MEETINGS WITH MEMBERS OF THE GOVERNING BODY_(WOLFE V. CITY OF FREMONT) Mr. Burns presented information on a case decided by the California Court of Appeal providing guidance on the common situation of a manager briefing his governing body. The case describes when such interaction will be allowed, and when a violation of the Brown Act may occur. Director Monahan expressed his appreciation for the informative memos. U saai a COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 16 LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) — NOVEMBER 15, 2006 (PRESIDENT FERRYMAN) President Ferryman attended the Orange County Sanitation District meeting on November 15, 2006, and reported the following: ❑ Mr. James Ruth has agreed to remain as interim general manager for an additional year ❑ Union negotiations in process ❑ Year end legal fees estimate is approximately 1 million dollars ❑ Director Ferryman will be traveling to Singapore in February to view a groundwater replenishment project SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY ) • President Perry attended the November 9, 2006 SARFPA meeting and reported the following: ❑ History of floods in Orange County ❑ Status of State flood control subvention program ❑ Green River golf course acquired by Orange County President Perry distributed a handout showing planned information for area dams. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER QUARTERLY MEETING, ELECTION AND LUNCHEON - NOVEMBER 30,2006,11:30 A.M. AT OCSD BOARD ROOM Vice President Schafer attended the November 30, 2006 Quarterly ISDOC meeting and reported they discussed the following: ❑ Speaker - Brulte ❑ Update on CSDA ❑ Election of new officers -President, Peer Swan; Secretary, Bob Moore 11 Quarterly lunch meeting schedule distributed • jANIT.�" • CJ • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER14,2006 PAGE 17 Directors Worthington and Perry attended the Quarterly meeting and had no additional information to report. Vice President Schafer also attended the Executive Board Meeting on December 7, 2006, and reported they discussed the general meeting. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) Vice President Schafer commended Mr. Hamers for the letter he wrote. Vice President Schafer attended the LAFCO meeting and reported the following: ❑ Municipal service reviews for Anaheim, Fountain Valley, Garden Grove, Santa Ana, Stanton, Westminster, Garden Grove Sanitary District and Midway City Sanitary District. - All adopted by resolution ❑ July meeting rescheduled to July 18, 2007 ❑ Election of new officers — Chair Commissioner, Bill Campbell; Vice Chair, John Withers ❑ Reception for Commissioners Bob Bauer and Tom Wilson CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Vice President Schafer attended the CSDA planning conference in Napa. Vice President Schafer is in charge of membership and recruitment of special districts for the State of California. Vice President Schafer is also on the legislation committee and Vice President of the Finance Corporation as well as Secretary on CSDA's Executive Board. 2007 MEMBERSHIP DUES IN THE AMOUNT OF $3,162.00 Vice President Schafer motioned to approve the dues in the amount of $3,162.00. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None COSTA MESA SANITARY DISTRICT ��SAfii Fq�� MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 „`r,Ap�Qa PAGE 18 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2007 MEMBERSHIP DUES IN THE AMOUNT OF $4,811.98 Director Ferryman motioned to approve the dues in the amount of $4,811.98. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None Ms. Davis reported the amount exceeds the budget allotment and reported she will be requesting a budget adjustment in January. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030 WACO • Vice President Schafer attended the November 3, 2006 WACO meeting and reported the following: ❑ Program on San Joaquin River Settlement: What it Means to Southern California; David Fullerton, Principle Resource Specialist, Metropolitan Water District of Southern California o History of the area - river hasn't been flowing for 20 years. o Timeline o Funding OLD BUSINESS There was no Old Business presented. NEW BUSINESS Vice President Schafer is requesting a meeting change date for January due to meetings in Sacramento. The January meeting was changed to January 17, 2007 at 6:00 p.m. Mr. Worthington commended Mr. Fauth for his assistance in providing trash bins for a clean up project on a home in Costa Mesa that has been in extreme disrepair for over 20 years. An elderly woman has been living in the home and without resources / 1 • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ice' f: DECEMBER 14, 2006 f PAGE 19 i��k��80.2 f4!G to maintain or clean it up. The home and yard is filled with many years of trash. Numerous volunteers, including Mr. Worthington, the Lions Club and the Scouts, have been donating their time and effort to assist the resident in returning the home to a livable state. Mr. Fauth requested CR &R take the project on as a humanitarian effort at no cost. President Perry requested someone check to see whether the resident has been assessed for trash fees. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Monahan thanked the Board and Mr. Hamers for the assistance in helping him as a new Board member. Director Monahan complimented the District for the website and the new receptionist. Mr. Fauth reported the receptionist will be on duty from 7:30 a.m. to 4:00 p.m. Director Ooten thanked Staff for taking the time to answer his questions as he was running for election. Director Ooten stated he was excited about the opportunity to serve on the Board and expressed regret at losing the energy Dan Worthington has put into the District. Director Ooten commended Mr. Hamers for the work he has done as General Manager. Mr. Hamers suggested the information learned by both Director Monahan and Director Ooten during their campaign will be very valuable to the District as they strive to improve the services the District provides. ADJOURNMENT At 8:15 p.m., President Ferryman adjourned the meeting. SECRETARY