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Minutes - Board - 2007-05-10• COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 109 2007 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on May 10, 2007, at 6:00 p.m. at 628 W. 19th Street, Costa Mesa. President Perry called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Director Ferryman led the Pledge of Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Art Perry, Bob Ooten, Arlene Schafer, Gary Monahan, James Ferryman 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; Marc Davis, Treasurer; Sherry Kallab, Accountant; Karl Dulake, Maintenance Supervisor; Debbie Bjornson, Permit Processing Specialist; Ron Shef, Ordinance Enforcement Officer OTHERS PRESENT: Mr. Dan Worthington, 2963 Mindanao Drive, Costa Mesa Mr. Mike Carey, 2701 Fairview Road, Costa Mesa 92626 - Orange Coast College Recycling Center U 4 ti ���oantwJ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 2 Ms. Joyce Crosthwaite, 12 Civic Center Plaza, Room 235, Santa Ana, CA 92701 Executive Officer, LAFCO Ms. Hannah Johnson, 12 Civic Center Plaza, Room 235, Santa Ana, CA 92701 . ............................... CONSENT CALENDAR . ............................... Director Ferryman motioned to approve the Consent Calendar as corrected. Director Ooten seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL City /Districts Liaison Committee Meeting — April 13, 2007 Minutes of Recycling Committee Meeting — April 16, 2007 Minutes of the Sewer System Committee Meeting — April 18, 2007 The Minutes of the City /District Liaison Committee Meeting of April 13, 2007, were approved as distributed. The Minutes of the Recycling Committee Meeting of April' 16, 2007, were approved as distributed. The Minutes of the Sewer System Committee Meeting of April 18, 2007, were approved as distributed. Minutes of the Investment The Minutes of the Investment Oversight Oversight Committee — Committee Meeting of April 19, 2007, were April 19, 2007 approved as distributed. Minutes of Regular The Minutes of the Regular Meeting of April 19, Meeting — 2007, were approved as distributed. April 19, 2007 jj,,� yw t It 190 ` u s� ", MANAGER'S REPORTS Refunds COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 3 There were no refunds for the month of April 2007 Occupancy Report and The Trash Occupancy Count documented an Payment of $195,577.65 increase of 5 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of May 1, 2007. Therefore, May 2007 the total for May is 21,362. Monthly Spill Report to State Water Resources Board Additional Container Program Report ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial Report as of April 30, 2007 Treasurer's Report as of April 30, 2007 0 Board directed Staff to prepare a warrant for $195,577.65 for May 2007 collection based on occupancy report. Said payment in the amount of $195,577,65 to Costa Mesa Disposal to be ratified on the June 2007 warrant register. The, Monthly Spill Report to the State Water Resources Board (SWRB) for April 2007 was accepted as submitted. The Additional Container Program report for April 2007 was approved as distributed. The Project Status Report dated May 2007 was accepted as submitted. The Financial Report as of April 30, 2007 was accepted as submitted. The Treasurer's Report as of April 30, 2007 was accepted as submitted. • • aH COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ° -,- MAY 10, 2007 PAGE 4 Directors Expenses for the Director Compensation and Expense Month of April 2007 Reimbursements for the Month of April 2007 were approved and ratified as follows: Director Ferryman: $340.00 President Perry: $340.00 Vice President Schafer: $1020.00 + $30.85 Director Ooten: $1020.00 + $788.36 Director Monahan: $510.00 .......................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATION Ms. Revak reported a letter was received from Ms. Gloria Hardy, Principal, Rea Elementary School, dated April 25, 2007. Ms. Hardy thanked Director Schafer for the presentation of the award check for participation in the telephone book program. Ms. Hardy stated the students have been studying the importance of conservation and recycling in science class and was pleased the telephone book recycling program provided them with an opportunity to practice what they have been learning in the classroom. Ms. Revak reported receiving a letter from Ms. Candy Spirling, Principal, Wilson School. Ms. Spirling thanked the District for the award check for participation in the telephone book recycling program. Ms. Spirling stated she looks forward to participating in the program in the future. Director Ooten has three additional award checks to distribute to participating schools. PUBLIC COMMENTS There were no comments from the public in attendance. MANAGER'S REPORTS ORANGE COAST COLLEGE RECYCLING CENTER - LETTER OF APPRECIATION TO MIKE CAREY Director Ooten presented a letter of appreciation to Mr. Mike Carey for his work in recycling through the Orange Coast College Recycling Center. Mr. Carey has managed the Recycling Center into a million - dollar a year business. Director Ooten L' 0 COSTA MESA SANITARY DISTRICT a$arai MINUTES OF BOARD OF DIRECTORS REGULAR MEETING .ter; I <"Y ,arm ��ee ;N?' -rtl rt.4 :r MAY 10, 2007 PAGE 5 thanked Mr. Carey for his contribution to the community and presented the framed letter of appreciation. Mr. Carey thanked the District for the letter and the continuing relationship with the Board. ORANGE COUNTY LAFCO MUNICIPAL SERVICE REVIEW (MSR) OF THE CMSD Mr. Hamers introduced Ms. Joyce Crosthwaite, Executive Officer of LAFCO. Ms. Crosthwaite presented the Municipal Service Review for the Costa Mesa Sanitary District. Ms. Crosthwaite discussed Municipal Service Reviews and outlined the overall state direction, local process, and the CMSD Service Review. Ms. Crosthwaite reported the Service Review is a requirement placed on LAFCO in 2000 for every agency in the county. Ms. Crosthwaite reported the deadline for service reviews was extended from January 6, 2006 to January 6, 2008. Ms Crosthwaite stated the MSR for the CMSD is very positive. LAFCO HEARING ON CMSD MSR, JUNE 20, 2007 Ms. Crosthwaite discussed changes in the District's sphere of influence and stated the CMSD Service Review will go to the commission on June 20, 2007. Ms. Crosthwaite requested Directors and Staff review the Service Review and provided comments to Mr. Hamers or Ms. Revak by May 21 for forwarding to Ms. Crosthwaite by May 25, 2007. Ms. Crosthwaite provided her contact information to Ms. Revak for the Board's use should they have any questions about the Service Review. CCM/MESA/CMSD JOINT LETTER TO LAFCO Mr. Hamers presented a letter addressed to Chair Bill Campbell and LAFCO Commission Members from Mr. Allan Mansoor, Mayor, City of Costa Mesa; Mr. Paul Shoenberger P.E. President, Board of Directors, Mesa Consolidated Water District; and Mr. Arthur Perry, President, Board of Directors, Costa Mesa Sanitary District. The letter is to advise the Commission that the three agencies formed a City /Districts Liaison Committee of elected officials and staff in early 2002, and meet regularly to discuss items of mutual interest to ensure seamless services to the community. Director Ferryman motioned to approve the letter to LAFCO. Director Schafer seconded. Motion carried 5 -0. sar-0 COSTA MESA SANITARY DISTRICT w4 '? a MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 6 Ms. Crosthwaite will deliver the letter on behalf of the three agencies. Ms. Crosthwaite and Ms. Johnson left the meeting at 6:37 p.m. SEWER SYSTEM FINANCIAL MASTER PLAN & 2007 -08 BUDGET Mr. Davis provided an update on the Sewer System Financial Master Plan and 2007 -08 Budget and stated he anticipates completion by May 18, 2007. CMSD STRATEGIC PLAN YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS Director Monahan requested the property at 2314 Newport Blvd. be removed from the Strategic Plan under the status of acquiring a District yard. INCREASE IN DIRECTOR COMPENSATION Mr. Hamers reported Staff is in support of the memorandum from Mr. Burns regarding Director Compensation. Mr. Burns reviewed the history of Board compensation, stating that the last increase to Directors' compensation occurred in 2001, which set the current rate at $170.00 per day's attendance. Mr. Burns recommended the Board direct Staff to prepare an ordinance and notice for a future meeting increasing the Directors' compensation to $221.00 per day. Discussion was held. Further discussion will be held at the May 29, 2007 budget meeting. Director Monahan motioned to accept the report and direct staff to prepare an ordinance to increase Director compensation, and set the public hearing for June. Director Ooten seconded. Motion carried 5 -0. SEWER SYSTEM COMMITTEE REPORT ON COMMITTEE MEETING HELD MAY 9, 2007 Director Monahan reported the Sewer System Committee met on May 9, 2007, and reported they discussed the following: ❑ Spill Statistics update ❑ CMSD cleaning crews ;SA�ETq` COSTA MESA SANITARY DISTRICT l�sc �g MINUTES OF BOARD OF DIRECTORS REGULAR MEETING 4 Y�� MAY 10, 2007 PAGE 7 • ❑ Sewer lateral issues ❑ CMSD emergency response ❑ District yard DISTRICT YARD UPDATE UPDATE ON PROPERTIES AT: 1780 WHITTIER AVENUE, 2314 NEWPORT BLVD, AND OTHERS (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A)) Mr. Fauth reported he has looked at several new properties since the last Board meeting in April, reporting they were either too expensive or did not suit the District's needs. The property at 1780 Whittier Avenue is still the subject of debate among the owners. Mr. Fauth reported the no -cost agreement with the Fairgrounds is being coordinated to continue to May 31, 2008. Mr. Fauth provided pictures of property at 2973 Randolph Avenue and reported he and Mr. Dulake will perform a site visit on May 11, 2007. Discussion was held regarding the various changes that would be required to prepare that property for use as a District yard. Mr. Burns discussed the option of eminent domain and the favorable tax treatment. Mr. Hamers requested Mr. Burns provide a report on exactly what tax ramifications are involved with eminent domain. STATUS OF CMSD WEBSITE Ms. Revak reported VPI Net is working along the timeline presented to the Board. The company presented a mock page for review and changes were made and returned to VPI. Completion date is scheduled for July 2007. RECYCLING REPORTS WASTE DIVERSION REPORT - APRIL 2007 Ms. Revak presented the Waste Diversion Report for April 2007 showing a 50.44% diversion rate. Director Ferryman motioned the Waste Diversion Report be received and filed. Director Ooten seconded. Motion carried 5 -0. • • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 8 CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR APRIL 2007 SERVICES Ms. Revak presented the Invoices for April 2007 recycling services and disposal. Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of April 2007 in the amount of $168,401.14. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of April 2007 in the amount of $13,202.27. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None Director Schafer left the meeting at 7.10 p.m. ORDINANCE ENFORCEMENT OFFICERS REPORT Mr. Shef provided a report for the period of April 2007. Mr. Shef reported the collection schedule was normal and courtesy notices were distributed with several resident contacts for explanation. Mr. Shef verified addresses to incorporate into the District computer system. Mr. Hamers asked Mr. Shef if he sprays over addresses he finds on containers or if he calls CR &R to overspray them. Mr. Shef said he still carries a container of the paint and paints them himself if he has the time. f3p5ANf A�ifi��: a� • UPDATE ON MONITOR VIDEO COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 9 Mr. Fauth reported he met with Monitor Video and went through the script and made modifications. The entry scenes for the individual modules are being written. Mr. Fauth is to provide some documentation and materials to initiate filming. Completion is still scheduled for June 30, 2007. RECYCLING COMMITTEE — WEDNESDAY, APRIL 16, 2007 —12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTORS OOTEN AND FERRYMAN) RECYCLING COMMITTEE GOALS FOR 2007/2008 Director Ooten reported the Recycling Committee met on April 16, 2007. Director Ooten reported the Committee reviewed their goals and made progress on several of the goals. Director Ooten reported one student collected over 300 telephone books by going door to door with his brother and encouraging others to collect on his behalf. Director Ooten will provide the student's name and school to Ms. Revak for a thank you letter from the Board. GUEST SPEAKER - PAUL RELIS, CR &R, SR. VICE PRESIDENT ENVIRONMENTAL AND GOVERNMENTAL AFFAIRS Director Ooten reported Mr. Paul Relis, CR &R, was the guest speaker providing an extensive update on future legislation. EARTH DAY EVENT AT ORANGE COAST COLLEGE ON APRIL 26, 2007 The District was represented at the Orange Coast College Earth Day event on April 26, 2007. The event included booths from Orange Coast College Recycling Center, Southern California Edison, student environmental clubs, Sierra Club, Amnesty International, and Back to Native Restoration. Mr. Dulake discussed grease in our sewer system with interested students. President Bob Dees signed a pledge that would advance the college towards a greener campus. WATER CONSERVATION Director Ooten reported the Committee discussed water conservation and is provided a sheet on various ways to conserve. • n LJ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 10 DISTRIBUTION OF OUTREACH MATERIAL Ms. Gilbert will prepare a list of possible venues to distribute brochures and other educational material. ENGINEER'S REPORTS GENERAL WASTE DISCHARGE REQUIREMENTS (GWDR) Mr. Hamers reported the District is in compliance with the requirements and is in the process of modifying the approved documentation to reflect changes in organization. The WDR Steering Committee previously provided an education program on sewer laterals. The Committee is currently preparing another education opportunity entitled Rumble in the Trenches with manufacturers of vitrified clay pipe (VCP) and PVC pipe to outline their products to help determine what should be in the trenches. Attendees will be from all over the United States. A future seminar on inverted siphons is in the planning stages. Mr. Burns inquired whether or not public and private sewer spills will be reported differently. Mr. Hamers stated there is a separate category, but not as large a separation as requested. Director Ferryman reported there is currently a legislation bill out that would require notification within 10 minutes of a spill. PROJECT #129 — THREE -PARTY AGREEMENT BETWEEN CMSD, OCDA AND CITY OF NEWPORT BEACH Mr. Hamers reported the three -party agreement is not yet ready for approval. Revisions have been sent to Mr. Burns for review and Staff will bring it back to the Board when it is ready for approval. OCSD WATSON AVENUE SEWER — TRANSFER TO CMSD (PART 2) (See Part 3) as ate. COSTA MESA SANITARY DISTRICT (Ai MINUTES OF BOARD OF DIRECTORS REGULAR MEETING (`: ` -N- a MAY 10, 2007 PAGE 11 0 OCSD CALIFORNIA AVENUE SEWER — TRANSFER TO CMSD (PART 3) Mr. Hamers reported the transfer of Watson Avenue and California Avenue sewers constitutes Parts 2 and 3 of the major abandonment of the OCSD northerly trunk sewers upon the construction of the Baker - Gisler sewer system by OCSD. Director Ooten motioned to approve the transfer agreements of both Watson Avenue and California Avenue. Director Ferryman seconded. Motion carried 4 -0. PROJECT #101 — WESTSIDE PUMPING STATION ABANDONMENT — RESULTS OF MEETING HELD APRIL 27, 2007 Mr. Hamers reported a cost analysis of the two options was compiled and is being reviewed by both parties and will be ready for review by the Sewer System Committee at their next meeting. MEMORANDUM OF UNDERSTANDING WITH IRVINE RANCH WATER DISTRICT Mr. Hamers reported the Memorandum of Understanding is not yet ready for review and will be brought back as soon as it is ready. TREASURER'S REPORTS DISTRIBUTION OF REVISION #1 TO PRELIMINARY BUDGET OR FISCAL YEAR 2007 -08 Mr. Davis distributed the first revision to the Preliminary Budget. Board will review the document in preparation for the May 29, 2007 Special Meeting. ATTORNEY'S REPORT ASTIN, LOCKE V CMSD (SUP COURT CASE NO. 06CCO5755) STATUS REPORT (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A) Mr. Burns reported Mr. Hamers had his deposition and an email will be sent to Mr. Burns with an overview of the deposition. The attorney stated he is going to continue with the process of releasing the District from the lawsuit. • C • 0 COSTA MESA SANITARY DISTRICT SANtp4 - `�'' &� MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 PAGE 12 CAR DAMAGE BY CR &R TRASH BIN AT ST. JOACHIM SCHOOL Mr. Burns reported a rejection letter was sent and a tender of defense letter was sent to CR &R regarding the claim of Ms. Noelle Peterson. POLICY ON REIMBURSEMENT FOR TONER AND INK CARTRIDGES, ETC. Mr. Burns reported a draft staff report was prepared and the policy will be brought to the Board at a future meeting. SENATE BILL NO. 343 AND No. 964 - AMENDMENTS TO THE BROWN ACT Mr. Burns attended a city attorney's meeting and reported both Senate Bill No. 343 and No. 964 are moving forward and provided an update on each Senate Bill to the Board. Mr. Burns reported Senate Bill No. 343 will require local agencies to make available to the public "all writings" prepared by the agencies staff and others that are related to a specific agenda item at the time of the agenda posting. Senate Bill No. 964 proposes to overturn the 2006 appellate court decision in Wolfe v. City of Fremont, which in part found that meetings between a city manager and individual city council members for the purpose of discussion of a policy issue to be discussed in a future open meeting "did not inherently violate the Brown Act's serial meetings prohibition." SB 964 would declare that such discussions between local agency staff and elected officials would be in violation of the Brown Act's serial meetings provision. SOILS CONDITIONS ON CONSTRUCTION PROJECTS Mr. Burns advised the Board on a case, Condon - Johnson & Associates v. Sacramento Utility District. Mr. Burns reported if the case is not overturned, it will require the District to review specifications to ensure that the District has not made any affirmative representations of actual conditions that will be encountered in the subsurface strata. L� COSTA MESA SANITARY DISTRICT gpSAN may\. /mow c. MINUTES OF BOARD OF DIRECTORS REGULAR MEETING 0 EAR " MAY 10, 2007 Y PAGE 13 aA� LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) MEETING HELD APRIL 25, 2007 (DIRECTOR FERRYMAN) Director Ferryman attended the April 25, 2007 OCSD meeting and reported the following: ❑ Lawsuit judgment of 1.5 million ❑ Possible settlement with unions SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) President Perry reported the meeting will be held on the 24th of May and he will provide a report at the June meeting. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER Ms. Revak inquired who will be attending the ISDOC Quarterly meeting on May 31, 2007. Directors Ferryman, Perry, Schafer, and Ooten, will attend the meeting. Director Schafer attended the ISDOC meetings of March 29 and April 3, 2007, and reported the following (through notes provided to Ms. Revak): ❑ Update of legislation bills that would affect Special Districts ❑ Discussions on CSDA, LAFCO, and ISDOC Quarterly meeting ❑ Training in Emergency Operations for the Elected Official ❑ Certificate of Completion for participation ❑ Kelly Hubbard presenter from WEROC LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) Director Schafer reported (through notes provided to Ms. Revak) that LAFCO was dark for the month of April COSTA MESA SANITARY DISTRICT 4 Jf iait,� � MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2007 \ro'4,p PAGE 14 CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Director Schafer attended the April 6, 2007 CSDA meeting and reported in her notes the following: ❑ Membership of CSDA over 1,000 ❑ CSDA Finance Corporation has just closed financing a loan with Montecito Sanitary District for $14,765.00, tax exempt, fixed rate certificates of participation. ❑ Cost of borrowing for the 30 -year loan was 4.59% with yields ranging from 3.5 -4.5% ❑ Legislative Days are May 13 -14, 2007 in Sacramento. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030 CHAMBER OF COMMERCE • Director Schafer attended the April 4, 2007 Chamber of Commerce legislative meeting and provided information for the Board's perusal. Reports from the county, state, districts, and city were given. The Chamber also discussed legislation in Sacramento. CONFERENCE Director Ooten attended a conference in Ontario on Waste Discharge Requirements and provided a brief report. INTEGRATED WASTE MANAGEMENT Mr. Dan Worthington provided an update on the Integrated Waste Management Department meeting, stating they discussed how more recyclable materials can be removed from the waste stream and kept out of the landfills. Mr. Worthington reported over 5 million dollars has been collected from fees charged to self haulers with a possible increase in the future. Mr. Worthington discussed a materials recovery facility being added to one of the landfills. OLD BUSINESS REQUEST FOR ROUTE DAY CHANGES FROM CR&R • Mr. Fauth reported CR &R has requested a change in collection days for approximately 900 customers to increase efficiency for all routes. Mr. Ruffridge, 0 0 • �rgAS3,\ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF'DIRECTORS REGULAR MEETING A ; MAY 10, 2007 PAGE 15 Senior Vice President, CR &R, provided maps with the proposed route changes shown. Mr. Fauth provided the information to the City to see if the street sweeping schedule could be changed. Mr. Fauth reported the City will not change the street sweeping schedule, which would require new signage in the area, and discussion was held regarding a pilot program without street sweeping to ascertain the effect on the area. Discussion was held regarding the ramifications of a route change on residents and the signage. Mr. Fauth will instruct CR &R to negotiate directly with the City to see if they can reach consensus with the City and the street sweeping schedule. Staff will bring the item back on a future agenda. NEW BUSINESS There was no new business discussed!. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS There were no oral communications from Directors. ADJOURNMENT President Perry adjourned the meeting 8:10 p.m. SECRETARY