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Minutes - Board - 2007-07-09• • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 93 2007 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on July 9, 2007, at 6:30 p.m. at 628 W. 19th Street, Costa Mesa. President Perry called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE President Perry 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; Denise Gilbert, Public Outreach Coordinator; Ron Shef, Ordinance Enforcement Officer OTHERS PRESENT: Mr. Dan Worthington, 2963 Mindanao Drive, Costa Mesa Mr. Martin Millard, 2973 Harbor Blvd. 4D Costa Mesa 92626 COSTA MESA SANITARY DISTRICT .LLy,Kr:' MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 �A PAGE 2 • . ............................... CONSENT CALENDAR . ............................... Director Schafer motioned to approve the Consent Calendar as presented. Director Ooten seconded. Motion carried 4 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting — June 11, 2007 Minutes of the Sewer System Committee Meeting — June 16, 2007 Minutes of the Investment Oversight Committee — June 14, 2007 Minutes of Regular Meeting — June 14, 2007 Minutes of Special Meeting — June 28, 2007 MANAGER'S REPORTS REFUNDS • The Minutes of the Recycling Committee Meeting of June 11, 2007, were approved as distributed. The Minutes of the Sewer System Committee Meeting of June 16, 2007, were approved as distributed. The Minutes of the Committee Meeting of approved as distributed. Investment Oversight June 14, 2007, were The Minutes of the Regular Meeting of June 14, 2007, were approved as distributed. The Minutes of the Special Meeting of June 28, 2007, were approved as distributed. There were no refunds for the month of July 2007. • • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 PAGE 3 Occupancy Report and The Trash Occupancy Count documented an Payment of $195,769.91 increase of 14 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of June 1, 2007. June 2007 Therefore, the total for June is 21,383. Board directed Staff to prepare a warrant for $195,769.91 for June 2007 collection based on occupancy report. Said payment in the amount of $195,769.91 to Costa Mesa Disposal to be ratified on the July 2007 warrant register. Monthly Spill Report to The Monthly Spill Report to the State Water Regional Water Quality Resources Board (SWRB) for June 2007 was Control Board accepted as submitted. Additional Container The Additional Container Program report for June Program Report 2007 was approved as distributed. ENGINEER'S REPORTS Project Status Report The Project Status Report dated July 2007 was accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of June 30, 2007 was June 30, 2007 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of June 30, 2007 was June 30, 2007 accepted as submitted. Warrant 2008 -01 for June Warrant Resolution #CMSD 2008 -01 was 2007 in the amount of approved, authorizing the President and Secretary $825,039.10 to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $825,039.10. COSTA MESA SANITARY DISTRICT : MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 PAGE 4 Directors Expenses for the Director Compensation and Expense Month of June 2007 Reimbursements for the Month of June 2007 were approved and ratified as follows: Director Ferryman: $510.00 President Perry: $340.00 Vice President Schafer: $1020.00 + $24.38 Director Ooten: $850.00 Director Monahan: $510.00 .......................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATION Ms. Revak reported a thank you card was received from Ms. Barbara Griffith thanking the District for assistance in resolving a sewer lateral issue. Ms. Revak reported a letter received from Mr. Michael A. Payne, General Manager, • Yorba Linda Water District, dated June 28, 2007. Mr. Payne states the Yorba Linda Water District received the District's letter announcing Director Schafer's candidacy for reelection to a seat on the California Special Districts Association Board of Directors. Mr. Payne stated the Yorba Linda Water District is no longer a member of CSDA and wished Director Schafer luck in the election. Mr. Burns reported he received an email from Mr. Jim Towns, SDRMA, stating they will include an endorsement adding Inverse Condemnation coverage for the 2007 -08 program year as follows: Limits: $500,000 per occurrence /$500,000 annual aggregate (working to increase limit to $1,000,000) Coverage: Limited to third -party property damage claims /settlement resulting from sewage spills /overflow /backups Cost: No additional cost Mr. Burns thanked Director Schafer for her leadership on the matter. Director Ferryman arrived at 6:35 p.m. • 1] • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 PAGE 5 PUBLIC COMMENTS Mr. Martin Millard stated he went to the District website and noted Director Monahan was not listed as a Board Member. Mr. Fauth explained the web site has been undergoing a major update and will be active as of July 18, 2007. Mr. Millard expressed concern regarding salary increases for Directors. Mr. Burns informed Mr. Millard the matter of salary increase would be discussed in public hearing, which would occur later in the agenda and requested Mr. Millard speak to that item during at that time. Mr. Millard stated the District's website states the District maintains 225 miles of sewer lines in the City of Costa Mesa. The City's website shows 319 miles of sewer. Mr. Millard inquired if they were referring to the same sewer and stated it was very confusing to him. Mr. Hamers explained the City has not updated their website and stated that the CMSD maintains the sewers. MANAGER'S REPORTS CMSD STRATEGIC PLAN YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS Mr. Hamers reported one of the items in the Strategic Plan is Improve Relationship with the City of Costa Mesa. Mr. Hamers recommended discussing the matter in closed session. Mr. Hamers invited questions from the Board. Director Perry inquired when the website will be launched. Mr. Hamers reported he reviewed the content and provided comments. After a few minor corrections to content, the website will be launched on July 18. SPECIAL MEETING JUNE 28, 2007 TO DISCUSS SEWER LATERAL AND CLEAN OUT ASSISTANCE PROGRAM Mr. Hamers reported the item is on the agenda to allow for additional questions Directors may have from the meeting held on June 28, 2007. Mr. Hamers reported the program is an exciting and innovative one to assist residents in sewer lateral issues. • • • �4$san,�q COSTA MESA SANITARY DISTRICT k- MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 °� oeas PAGE 6 PROPOSED 2007 -2008 TRASH COLLECTION AND SEWER SERVICE CHARGES Mr. Hamers reported Staff has provided a synopsis of sewer rates proposed for 2007 -2008 in Orange County, based on information obtained by OCSD as part of their annual rate survey. A trash rate survey was also provided. Mr. Hamers stated the 0 & M budget and CIP Budget are relatively low, and the sewer rate is very low. Trash rates are going down. SEWER SYSTEM COMMITTEE REPORT ON COMMITTEE MEETING HELD JUNE 13, 2007 Director Monahan inquired about an overflow at an address on Superior Avenue. Mr. Fauth reported the location is a sandwich shop that closed and reopened with new ownership with the lateral was not properly cleaned between owners. Mr. Dulake reported the site has now been cleaned and everything is operating appropriately. DISTRICT YARD UPDATE PROPERTY AT 2973 RANDOLPH AVENUE (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A)) Mr. Fauth attempted to contact Mr. Don Lamm, City of Costa Mesa, to request assistance in locating a suitable property for the District Yard that would be acceptable to the City's overlay districts. Director Monahan reported he contacted Mr. Alan Roeder regarding an additional property location and suggested the subject be placed on the City /District Liaison Committee Meeting. Ms. Revak reported the item is on the agenda for the next City /District meeting. STATUS OF CMSD WEBSITE Mr. Fauth reported he is taking an additional look at the content. Mr. Fauth also reported he is arranging to have the digital atlas available on the website for residents to view their property site. �J COSTA MESA SANITARY DISTRICT s ar MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 1 PAGE 7 RECYCLING REPORTS WASTE DIVERSION REPORT - JUNE 2007 Ms. Revak presented the Waste Diversion Report for June 2007 showing a 50.44% diversion rate. Director Ferryman motioned the Waste Diversion Report be received and filed. Director Schafer seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR JUNE 2007 SERVICES Ms. Revak presented the Invoices for June 2007 recycling services and disposal. Director Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of June 2007 in the amount of $179,503.67. • 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 May 2007 in the amount of $11,630.95. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan Noes: None ORDINANCE ENFORCEMENT OFFICER'S REPORT Mr. Shef provided a report for the period of June 2007. Mr. Shef reported more than 25 courtesy notices were distributed with several resident contacts for explanation. `uf$ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a Y "' JULY 9, 2007 k�nBA PAGE 8 • Mr. Shef reported seeing Large Item Collection Program notices on residences prior to the scheduled collection for that area. Mr. Shef noted some were one week in advance; some were two weeks in advance. Mr. Shef noted there was some confusion by residents regarding collection dates. Mr. Shef is working with Costa Mesa Disposal regarding the noticing schedule. Mr. Shef stated he saw items being placed on the curb that were specifically indicated would not be picked up, according to program guidelines. UPDATE ON MONITOR VIDEO - REVISED SCHEDULE Mr. Fauth reported the completion date was originally June 30, 2007, but due to other priorities, the deadline has been revised to the end of November. UPDATE ON RECEPTIONIST, ACCOUNTING SPECIALIST, AND MANAGEMENT ANALYST RECRUITMENT PROCESS Mr. Fauth reported an ad was placed in the Orange County Register for a receptionist position with the District and approximately 20 applications have been received. Ms. Revak reported approximately six applications were received for the Accounting Specialist position. Mr. Fauth stated the positions are now closed and Staff will begin the reviewing the applications. RECYCLING COMMITTEE — WEDNESDAY, JULY 09, 2007 — 12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTORS OOTEN AND MONAHAN RECYCLING COMMITTEE GOALS FOR 2007/2008 Director Ooten reported the Recycling Committee met on July 09, 2007, and reviewed and reprioritized their recycling goals. Director Ooten reported discussion was held regarding guest speakers and the Committee added Ms. Isabel Rios, Integrated Waste Management Commission, and Donna Theriault and Mike Balliet from the City of Costa Mesa. LARGE ITEM COLLECTION - JUNE 11, 2007 - AUGUST 24, 2007 . Director Ooten reported the Large Item Collection began on June 11, 2007 and will run until August 24, 2007. As of June 29, 2007, 107.27 tons were landfilled at a total cost of $2,359.94. Recyclable White Goods collected during this period • COSTA MESA SANITARY DISTRICT Y?. MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 PAGE 9 totaled 30.63 tons, for a credit of $854.05, amounting to a net credit to date of $2,909.85. REVIEW OF SPECIAL PROGRAMS & DISTRIBUTION OF OUTREACH MATERIAL Director Ooten reported the Committee reviewed the District's special programs such as e- waste, curbside pickup, and the sharps program and distributed a list of public outreach events and brochures. The Committee is assembling a list of locations to distribute brochures. Mr. Ooten reported a request from a Costa Mesa High School student requesting help in the campus beautification program. Mr. Hamers reported Mr. Dan Worthington advised the District of the Integrated Waste Management Department Identified Grant Program , for all the Cities in Orange County. Mr. Hamers contacted the City of Costa Mesa to consider working on a joint program. Mr. Fauth spoke to Jim Warner, who recommended CMSD have someone at the next meeting to represent the District. Mr. Fauth will attend the meeting to represent the Costa Mesa Sanitary District. Mr. Worthington recommended Midway Sanitary, District attend the meeting as well to additionally represent Special Districts. Mr. Worthington stated the funding opportunity is anticipated to be a yearly event. Director Ferryman will contact Midway Sanitary District to advise them of the upcoming meeting. Mr. Millard left the meeting at 7:00 p.m. ENGINEER'S REPORTS GENERAL WASTE DISCHARGE REQUIREMENTS (GWDR) Mr. Hamers reported he spoke with Mr. Nick Arhontes, who is looking forward to the details of the District's Sewer Lateral Assistance Program. State and Federal regulators have asked OCSD to start looking into private property sewer system overflows stemming from sewer laterals. 2007 -2008 CAPITAL IMPROVEMENT PROGRAM REPORT Mr. Hamers provided a detailed project review with cost breakdown for each project. The Capital Improvement program was sent to Mr. Bruce Mattern, BDM Consulting, . for his independent review. Mr. Mattern will review the program and provide a response report. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 PAGE 10 PROJECT #129 — THREE PARTY AGREEMENT BETWEEN CMSD, OCDA, AND CITY OF NEWPORT BEACH Mr. Hamers provided a brief history on the proposed sewer improvement project at Bristol Street. Originally Bristol Street was owned by CalTrans and it is now owned by the City of Newport Beach. The City of Newport Beach is requiring their Standard Encroachment Permit and has requested CMSD to approve the legal revisions to the agreement and update the cost estimate, which is being funded by the Orange County Development Agency. Once approved, the agreement will be returned to the City of Newport Beach. Mr. Burns stated he has reviewed the agreement and has no additional comments or revisions. Director Monahan motioned to approve the Three -Party Agreement between the Costa Mesa Sanitary District, Orange County Development Agency, and City of Newport Beach regarding sewer improvements in the East Santa Ana Heights Redevelopment Area (Bristol Street Sewer Main) subject to cost estimate update by Mr. Hamers. Director Ferryman seconded. Motion carried 5 -0. MEMORANDUM OF UNDERSTANDING WITH IRVINE RANCH WATER DISTRICT Mr. Hamers will be setting up a meeting with Mr. Jones of Irvine Ranch Water District and reported he appreciated Director Ferryman's assistance on the matter. FOG PROGRAM REPORT ON 2006-2007 PROGRAM Mr. Hamers provided a copy of the FOG program for the Board's perusal and invited questions from the Board. Mr. Hamers reported Mr. Jim Kolk, Project Engineer I, Environmental Engineering and Contracting, Inc., will be in attendance at the next sewer system subcommittee meeting if any Board members would like to ask him any additional questions. Mr. Burns recommended the Board consider the report. Director Ooten stated he would like to ask Mr. Kolk for clarification on certain points of the report. • Director Ooten motioned to approve the report on Phase III. Director Schafer seconded. Motion carried 5 -0. • • • COSTA MESA SANITARY DISTRICT �giFflP:p{,f\ MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ' r r JULY 9, 2007 PAGE 11 AGREEMENT WITH EEC FOR FOG PROGRAM - PHASE IV Director Schafer motioned to approve the Agreement with EEC for FOG Program- Phase IV, not to exceed $100,000. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan No: None TREASURER'S REPORTS STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2007 -2006 CMSD RESOLUTION NO. 2007 -726 Mr. Davis presented Resolution No. 2007 -736, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2007- 08, AND AUTHORIZING THE TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE COSTA MESA SANITARY DISTRICT IN ACCORDANCE WITH THE STATEMENT OF INVESTMENT POLICY, AND FURTHER AUTHORIZING THE SAID TREASURER TO DELEGATE TO A DEPUTY THE CARRYING OUT OF ANY SUCH TASKS. Director Ferryman motioned to adopt Resolution No. 2007 -726. Director Ooten seconded. Motion carried 5 -0. 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 recommended adjourning to a closed session to discuss the issue. President Perry suggested moving the item to the end of the meeting to discuss in closed session. COSTA MESA SANITARY DISTRICT _m = MINUTES OF BOARD OF DIRECTORS REGULAR MEETING w JULY 9, 2007 G� PAGE 12 CMSD ORDINANCE NO. 58 SETTING FORTH A PROCEDURE FOR THE REIMBURSEMENT OF MISCELLANEOUS EXPENSES Mr. Burns introduced Ordinance No. 58, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT SETTING FORTH A PROCEDURE FOR THE REIMBURSEMENT OF MISCELLANEOUS EXPENSES. Director Ferryman motioned to adopt CMSD Ordinance No. 58. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan No: None INCREASING DIRECTOR COMPENSATION CMSD ORDINANCE NO. 59 INCREASING DIRECTOR COMPENSATION Mr. Burns provided background on Director Compensation and reported Directors would be increasing their compensation from $170 to $221 per meeting, with a limitation of six days compensation per month. Mr. Burns stated the last adjustment occurred in 2001. Mr. Burns reported the compensation increase was duly published according to Government Code Section 6066. President Perry opened the Public Hearing. Mr. Dan Worthington stated he approved of the compensation increase. President Perry closed the Public Hearing. Director Monahan motioned to adopt Ordinance No. 59. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Ooten, Ferryman, Monahan No: None • • • L.I COSTA MESA SANITARY DISTRICT Ilku ?r�� MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9,2007 y BAFy Y u' PAGE 13 RENTAL AGREEMENT BETWEEN CMSD AND THE 32ND DISTRICT AGRICULTURAL ASSOCIATION — JUNE 1, 2007 THROUGH MAY 31, 2008 Mr. Burns provided the rental agreement with the 32nd District Agricultural Association. Director Ferryman motioned to approve the agreement with the 32nd District Agricultural Association. Director Schafer seconded. Motion carried 5 -0. LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) MEETING HELD JUNE 20, 2007 (DIRECTOR FERRYMAN) Director Ferryman attended the June 20, 2007 OCSD meeting and reported they discussed the following: ❑ Director Ferryman elected for a second term as Chairman ❑ SARI line will be added to the Santa Ana Watershed project and will be funded SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) President Perry and Director Ferryman attended the June 28, 2007 meeting and reported they discussed the following: ❑ Review and approval of Fiscal Year 2007 -08 SARFPA budget ❑ Election of officers ❑ Status of Seven Oaks and Prado Dam projects ❑ Status of State Subvention Program INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER Director Schafer attended the ISDOC meeting on June 5, 2007 and provided reports on LAFCO and CSDA. 3 F� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING = r'" JULY 9, 2007 PAGE 14 • LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) APPROVAL OF CMSD MSR BY LAFCO - JUNE 20, 2007 Director Schafer attended the June 20, 2007, LAFCO meeting and reported the following: ❑ Approved CMSD MSR ❑ Director Schafer motioned to continue the MSR for the Municipal Water District of Orange County for 90 days CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Director Schafer attended the June 8, 2007 and June 15, 2007 CSDA meetings and reported the following: ❑ June 8, attended a meeting in Sacramento for all CSDA committee chairs and Executive Board meeting ❑ June 15, attended a meeting in Sacramento for a legislative meeting. • Updates on bills and voted on which ones to support, watch, or delete. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030 CHAMBER OF COMMERCE Director Schafer reported the Legislative Committee met on June 6, 2006 with representatives from Edison, Gas, Waste Management, Sanitary District, City of Costa Mesa representatives, and the Supervisor's office. Reports were given and updates provided. OCTA Director Schafer decided to step down after many terms on the OCTA Advisory Committee. Director Schafer was given a proclamation from OCTA. WACO Director Schafer attended the June 1, 2007 meeting and reported the following: ❑ CSDA ❑ Legislation ❑ Santa Ana Watershed Project Authority General Manager, Celeste Cantu, was the speaker. Director Schafer was impressed with the presentation COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 9, 2007 A PAGE 15 i and recommended she present at the Annual CSDA Conference in October. OLD BUSINESS REQUEST FOR ROUTE DAY CHANGES FROM CR&R Mr. Fauth reported he did not have an update on the route day change request from CR &R. NEW BUSINESS There was no new business discussed. President Perry adjourned the meeting to closed session at 7:48 p.m. ASTIN, LOCKE V CMSD (SUP. COURT CASE NO. 06CCO5755) STATUS REPORT (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT 40 CODE 54956.9(A) Out of closed session at 8:00 p.m. No action was taken in closed session. Re- opened regular meeting at 8:01 p.m. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Ooten reported Mike Carey of the Orange Coast College Recycling Center brought in $1 M of revenue into the Center and suggested it could be something Huell Howser might be interested in. ADJOURNMENT President Perry adjourned the meeting 8:05 p.m. SECRETARY PRESIDENT