Minutes - Board - 2011-02-24•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 24, 2011
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
February 24, 2011 at 5:30 p.m. at 628 W.
19th Street, Costa Mesa.
PLEDGE OF Director Scheafer led the Pledge of
ALLEGIANCE Allegiance.
INVOCATION Director Scheafer gave the invocation.
• ROLL CALL DIRECTORS PRESENT: Robert Ooten, James Ferryman, Jim
Fitzpatrick, Mike Scheafer
•
DIRECTORS ABSENT: Art Perry was absent and excused.
STAFF PRESENT: Scott Carroll, General Manager; Joan Revak,
Office Manager /Clerk of the District; Robin B.
Hamers, District Engineer; Alan Burns, Legal
Counsel; Sherry Kallab, Administrative
Manager; Jacque Rogers, Assistant to
Treasurer
OTHERS PRESENT
ANNOUNCEMENT OF LATE COMMUNICATIONS
Dean Ruffridge, CR &R
George Lazurak, CR &R
Dan Worthington
Costa Mesa
Ms. Revak reported there were no late communications.
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COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 24, 2011
CONSENT CALENDAR
REPORTS
MINUTE APPROVAL
Minutes of Sewer System Committee
Meeting — January 25, 2011
The Minutes of the Sewer System Committee
Meeting of January 25, 2011 were approved
as distributed.
Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee
January 24, 2011 Meeting of January 24, 2011 were approved
as distributed.
Minutes of Regular Board Meeting —
January 27, 2011
Minutes of the Special Board Meeting -
February 1, 2011
Minutes of the Special Board Meeting —
February 9, 2011
Minutes of the Special Board Meeting —
January 19, 2011
FINANCIAL REPORTS
Refunds
Occupancy Report and Payment of
$197,060.83 to Costa Mesa Disposal —
January 2011
The Minutes of the Regular Board Meeting of
January 27, 2011 were approved as
distributed.
The Minutes of the Special Board Meeting of
February 1, 2011 were approved as
distributed.
The Minutes of the Special Board Meeting of
February 9, 2011 were approved as
distributed.
The Minutes of the Special Board Meeting of
January 19, 2011 were approved as
distributed.
There were no refund requests for the
month of January 2011.
The Trash Occupancy Count documented
an increase of five units for the occupancy
report for solid waste collection as of
February 1, 2011. Therefore, the total for
January is 21,524 and the payment of
$197,060.83 was ratified.
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COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Contract Payment of $162,676.81 to
CR Transfer — January 2011
Contract Payment of $11,223.12
to CR Transfer — Santa Ana
Heights /Newport Beach — January
2011
Warrant Register for the month of
January 2011 in the amount of
$682,530.55
Directors Compensation &
Reimbursement of Expenses for the
month of January 2011.
Investment Report for the month of
January 2011
ENGINEER'S REPORTS
Project Status Report
The contract payment of $162,676.81 to
CR Transfer for recycling services and
disposal for the month of January 2011
was ratified as submitted.
The contract payment of $11,223.12 to CR
Transfer for recycling services and disposal
for Santa Ana Heights /Newport Beach for
the month of January 2011 was ratified as
submitted.
Warrant Resolution #CMSD 2011 -8 was
approved, authorizing the President and
Secretary 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
$682,530.55.
Director Compensation and Expense
Reimbursements for the month of January
2011 were approved and ratified as
follows:
President Ooten: $1,326.00 + $147.68
Vice President Ferryman: $884.00
Director Scheafer: $1,326.00 + $220.89
Director Fitzpatrick: $1,326.00
Director Perry: $1,326.00 + $152.62
The Investment Report for the month of
January 2011 was approved as submitted.
The Project Status Report dated January
2011 was accepted as submitted.
END OF CONSENT CALENDAR
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COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Vice President Ferryman moved to accept the Consent Calendar. Director
Fitzpatrick requested items A. 4 and 5 be pulled and Director Scheafer requested
item C.9 be pulled. Director Fitzpatrick seconded the motion. Motion carried
4 -0. Director Fitzpatrick questioned paragraph 2.1 on Solid Waste — Explore
Commercial Collection Services. President Ooten stated his opinion that the
minutes accurately reflect that the item would be taken back to the Recycling
Committee for further review and be brought back to the Board at a later time.
Director Fitzpatrick moved to adopt the minutes of February 1, 2011. Director
Ferryman seconded the motion. Motion passed 4 -0. Director Fitzpatrick stated
the Board had a discussion on Styrofoam and Staff was asked to bring back a
policy on banning placement of Styrofoam in District containers. Director
Scheafer moved to adopt the minutes of the meeting held on February 9, 2010.
Director Scheafer seconded the motion. Motion carried 4 -0. On Item C.9.,
Director Scheafer questioned the Occupancy Report Count and the meaning of a
net increase of 5 units. Ms. Kallab stated it meant there was an increase of 5
new services, not necessarily new buildings. Director Scheafer moved to accept
the Trash Occupancy Count as presented. Director Fitzpatrick seconded the
motion. Motion carried 4 -0.
WRITTEN COMMUNICATIONS
Ms. Revak presented an invitation from the Costa Mesa Historical Preservation
Committee and the Costa Mesa Historical Society to the Diego Sepulveda Adobe
Reopening Ceremony on Saturday, March 5, 2011 at 10:00 a.m.
PUBLIC COMMENTS
President Ooten requested any public comments. Mr. Dan Worthington, former
CMSD Director, requested the Board consider two items be agendized in the
future. The first issue Mr. Worthington presented was of creating new voting
divisions by dividing the City into five voting districts and stated his opinion on
advantages for the Board members and the voters. The second issue Mr.
Worthington presented was on term limits and he pointed out the forms of
government having term limits. Mr. Worthington stated a better form of
government exists when there has to be an automatic change of representation
avoiding stagnation and fresh ideas come from freshly elected people who see
things differently. President Ooten thanked Mr. Worthington for attending.
GENERAL MANAGER'S REPORTS
Mr. Carroll informed the Board the U. S. Green Building Council is going to certify
the new Yard building as "Platinum" LEED. The District will receive a plaque with
this designation. This is the first building in the City of Costa Mesa with a
• Platinum LEED designation.
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PRELIMINARY BUDGET CALENDAR FOR FISCAL YEAR 2011 -12
Mr. Carroll presented a schedule for the fiscal year 2011 -12 Budget
Calendar. Director Fitzpatrick' moved to accept the 2011 -12 Budget
Calendar and set the date of Wednesday, April 27, 2011 at 5:30 p.m. to
review the preliminary budget; and, if necessary, another budget
meeting will be held on Thursday, May 12, 2011 at 5:30 p.m.. Director
Scheafer seconded the motion. Motion carried 4 -0.
SALARY RANGE ADJUSTMENT —ADMINISTRATIVE SERVICES MANAGER
Mr. Carroll requested a salary range adjustment for the Administrative
Services Manager with the justification that the position serves as a
department head overseeing personnel and financing functions. More
recently, the position has taken on risk management roles such as being
the administrator of the District's Injury Illness and Prevention Program.
Mr. Carroll presented data on the salary ranges for similar positions in
other organizations. Director Fitzpatrick stated he is supportive of the
increase, however, in the future requested comparisons with Districts
other than "Water' be used. Director Fitzpatrick moved to approve the
salary range adjustment for the Administrative Services Manager with an
annual low salary of $69,892 and a maximum $90,479 retroactive from
October 2010 through February 2011. Director Schaefer seconded the
motion. Motion carried 4 -0.
ANTI - SCAVENGING PROGRAM
Mr. Carroll reported Staff has developed a program in an attempt to
deter scavenging from occurring within District boundaries, as
scavenging recyclable materials from the residential automated carts
can have a negative impact on the community in two different and
distinct ways: Recyclable material is a commodity and the revenues
received from recyclables help stabilize costs for providing collection
services. Fewer recyclables collected and processed means fewer
revenues to offset expenditures, which can result in cost increases that
are passed on to residents in the rate structure. Cities in California are
required to divert 50% of waste from the landfills. In 2007, the State
changed its reporting requirement to comply with AB 939 by establishing
a per capita disposal rate and the State establishes a specific annual per
capita disposal rate of 8.5 pounds per resident. The City depends on
District data to help achieve this target. In 2009 the City's annual per
capita disposal rate is 5.1 pounds per resident which is well below the
State's target. Fewer recyclables received could result in an increase of
irefuse tonnage being reported to the City thus increasing its per capita
disposal rate per resident and jeopardizing the State mandated target.
In addition, the District has a Strategic Plan goal to divert annually 60%
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of residential waste from the landfills. Currently, the District is achieving
a 54% annual diversion rate. Fewer recyclables received could increase
refuse tonnage delivered to the landfills, which could result in decreasing
the District's diversion rate. Mr. Carroll reported Staff met with the City
of Costa Mesa and CR &R Staff to discuss the level of scavenging that is
occurring in the community and to work together on developing a
program to deter such activity. At the meeting it was determined
scavenging of recyclable materials is a problem in the community where
the Police Department is receiving an average of 120 scavenging reports
a year in the last two years.
Staff has also explored using lockable containers. On collection day,
residents lock their containers with a key and when CR &R's refuse
trucks arrive to empty the containers, the lid will open from the weight of
materials being emptied into the truck. It is not necessary for the driver
to exit his vehicle to unlock the container before emptying it.
CR &R has offered their assistance to the program by offering these
types of containers to District residents. CR &R has agreed to purchase
the lockable containers, deliver the new containers to homeowners,
switch out the old containers and maintain the lockable containers. The
lockable containers would be available on request only. Residents
wanting to receive lockable containers will be required to call the District
office for such a request and Staff will coordinate with CR &R on a
delivery date to homeowners. To advertise the new containers, Staff will
post information on the District's website and will provide information in
the next newsletters.
Director Scheafer stated the residents have a responsibility to protect
their own identities and should not depend on the District. Director
Scheafer suggested the District publicize this through newsletters and
the website. There would be a charge for more than two containers.
Director Fitzpatrick asked what obligation the District has. District
Counsel stated the CMSD does have the responsibility to the hauler to
protect the recycle stream for the contractor but does not have the
obligation to enforce the law.
Mr. Ruffridge stated a CR &R concern if this is very successful with the
community, would the additional residents be placed on a waiting list or
would the Board consider the use of other funds to use for additional
lockable containers. Mr. Carroll stated it would be a decision for the
Board to make should that situation occur.
COSTA MESA SANITARY DISTRICT PAGE 7
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Director Fitzpatrick suggested the District encourage residents to place
their recyclables in the lockable containers to prevent the loss of
recyclables from the waste stream.
Director Fitzpatrick motioned to direct Staff to adopt the Staff's
recommendation of the anti - scavenging program along with
recommendations from the Recycling Committee to include the provision
that one container be allocated per household. Director Scheafer
seconded the motion. Motion carried 4 -0.
REVISED STANDBY POLICY
Mr. Carroll presented a Revised Standby Policy for consideration by the
Board of Directors to approve a revision to Administrative Regulation No.
2.14 regarding standby procedures and protocols.
Currently, C &R Drains is the District's first responder when an
emergency arises during non - regular business hours for incidents such
as a failed pump station or an SSO. C &R Drains has been in the sewer
business for thirty years and they are located locally in Costa Mesa. Per
• the terms of the agreement, C &R Drains must respond immediately to
after hour service calls and they must be on -site within thirty minutes or
less after receiving the call. Because they have staff living in or near
Costa Mesa, C &R Drains is able to meet this requirement of the
contract.
After arriving to the emergency scene, CR &R will sometimes rely on
staff's expertise and knowledge on the system so C &R will call staff on
their day off seeking advice and /or to receive directions. The previous
maintenance supervisor did not charge the District for after hour
telephone conversations with C &R Drains; however, the District did pay
him overtime for responding to emergencies during non - regular work
hours.
The previous supervisor. was the only non - exempt employee who would
receive after hour phone calls from C &R Drains and was usually the only
person responding to incidents if the situation required. The District's
Lead Maintenance Worker is now responsible for receiving after hour
phone calls from C &R and responding to emergencies Monday through
Thursday, but during the weekends and holidays, the District will have
three non - exempt employees available to assist C &R Drains (Lead
Maintenance Worker and 2 Maintenance Workers).
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Mr. Carroll stated the three District employees will be available to C &R
Drains on rotating weekend shifts and holidays. According to Fair Labor
Standards Act (FLSA), if employees are restricted and are effectively
"engaged to wait" then compensation is required. However, the amount
of compensation is determined by the employer. Mr. Carroll stated the
following standby compensation is proposed for the Board's
consideration.
A flat fee of $50.00 per day while on standby status.
If C &R Drains calls the standby person, he will be paid his standard
hourly rate with a guarantee of at least one hour of pay. The standard
hourly rate varies from $24.16 to $28.75 an hour.
If the emergency cannot be resolved over the phone and the standby
person needs to respond to the scene, he will be paid the overtime rate
of one and one -half times his hourly rate.
Mr. Carroll stated District Counsel has reviewed and approved the
revised Standby Policy, which is attached hereto.
• The flat fee for standby compensation will cost the District $9,550 a year.
The costs'for handling incidents by phone and the cost for overtime is
difficult to estimate because these costs will fluctuate year by year
depending on how many emergencies arises.
Director Ferryman moved to approve the Revised Standby Policy.
Director Scheafer seconded the motion. Motion carried 4 -0.
SPECIAL BOARD MEETING ON "BRANDING"
Mr. Carroll stated this item was discussed at the Strategic Planning
session. Director Ferryman suggested bringing in a consultant to assist
with this process. Director Scheafer agreed and suggested CMSD
Board and Staff hold a meeting to discuss the issue and then decide if a
consultant is necessary. Director Fitzpatrick stated he would like to see
Maintenance Staff dressed in really nice District uniforms, and vehicles
with the District Seal better maintained exterior wise. Director Fitzpatrick
expressed the desire for better publicity of the District.
A meeting is scheduled for Thursday, March 17, 2011 at 11:00 a.m.
Mr. Hamers stated he is unable to attend and also noted that this was
addressed by the Board many years ago and the District thought about
changing the name to better separate itself from the City.
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BUDGET ADJUSTMENT - SEISMIC STUDY ON PUMP STATIONS
Mr. Carroll reported funds in the amount of $29,400 are required for a
study to evaluate the District Pump Station's ability to withstand a major
earthquake.
Mr. Carroll noted a recommendation was made by the sewer committee
to follow Orange County Sanitation District's lead and conduct an
evaluation of the effect of a large earthquake on the District's pump
stations. Requests for proposals were sent to four structural engineers.
One of four engineers, Jerry Tucker, responded with a proposal in the
amount of $29,400. A transfer from the contingency account to
professional services will be required to fund the study.
Director Ferryman moved to approve the budget adjustment in the
amount of $29,400 to fund a study to evaluate the District Pump
Station's ability to withstand a major earthquake. Director Scheafer
seconded the motion. Motion carried 4 -0.
RECYCLING COMMITTEE
Director Fitzpatrick reported on the Recycling Committee meeting held
on February 22, 2011, and brought attention to the structure of the
agenda and giving more perspective on new discussion items. The
Committee developed a list of participants who will be invited to the
meetings including Mike Carey, OCC, Trisha Throop, CR &R, the City of
Costa Mesa Recycling Coordinator and a representative from Earth
Resources Foundation.
Director Fitzpatrick reported Staff will develop a "Recycling Calendar" to
be efficient with time and resources.
Director Fitzpatrick discussed the Recycling Reports and stated his
opinion that the numbers were not that meaningful. Director Fitzpatrick
requested Staff to provide some comparative numbers. Director
Ferryman asked if Director Fitzpatrick was asking Staff to investigate
other Cities waste stream numbers and stated CR &R should have this
information. Mr. Ruffridge stated CR &R can provide this information.
Director Ferryman stated his opinion that Staff can obtain this
information from CR &R and it is not a realistic or good use of Staff's time
performing a study.
Mr. Ruffridge reported on a study CR &R did for the CMSD a few years
ago and CR &R hired a consulting firm to analyze what was left in the
barrels and the majority was organics. CR &R has all the numbers and
can supply to the CMSD.
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COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Director Fitzpatrick stated he would like to have "Zero Waste" on the
next agenda and the Recycling Committee would develop a plan on how
to define "Zero Waste ".
Mr. Ruffridge presented a report on the CMSD Waste Characterization
Study performed on the mixed solid waste collected from January 25
through February 2, 2011 for the Costa Mesa and Santa Ana Heights
Districts. Mr. Ruffridge reported CR &R performs random sampling of
routes from various partner municipalities to establish waste
characterizations for incoming loads to the CR Transfer processing
plant. The random sampling and corresponding diversion levels of the
samples from each load establish a new diversion percentage for each
municipality. The procedure is approved by the Cal Recycle Board and
is accomplished under the direction of a consultant specializing in waste
characterizations. Mr. Ruffridge reported a significant increase in
diversion going forward for both communities of the Costa Mesa Sanitary
District with 54.14% for Costa Mesa and 51.97% for Santa Ana Heights.
Director Ferryman stated the Board needs to make a conscious decision
on how aggressive the District wants to be in recycling percentages and
the cost involved. Anything over 50% required by the state costs
$55.52/ton and the ratepayers need to know that fact. There is an
economic consequence to increase the recycling percentage..
Ms. Revak reported on the school telephone book program and
practices by many of the schools participating in the 2010 program. The
schools participating who achieved good results shared their tactics that
included collection of phone books yearlong; reaching out via e-mail
distributions lists, to parents, grandparents, friends, work places, local
businesses even to those living outside the area; large signs placed on
the collection dumpster as a reminder to parents and to attract attention
from people passing the schools who wish to participate in recycling;
students and teachers make telephone calls to friends; flyers; e-mail;
school website and word of mouth.
Director Fitzpatrick reported the District was informed by OC Waste &
Recycling of a project extension of three years to December 31, 2013 for
the Grant program.
Director Fitzpatrick expressed his desire for more Director participation
in the Recycling Committee.
• Director Fitzpatrick stated the next meeting date for the Recycling
Committee is March 22, 2011.
COSTA MESA SANITARY DISTRICT . PAGE 11
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ENGINEER'S REPORTS
Mr. Hamers stated he had nothing to report.
SEWER SYSTEM COMMITTEE
Director Ooten reported on the Sewer System Committee meeting held
February 15, 2011 with all five Directors participating.
TREASURER'S REPORTS
Ms. Rogers stated she had nothing to report.
ATTORNEY'S REPORTS
MANAGER -BOARD COMMUNICATIONS AND ISSUES
Mr. Burns stated he was advised by the General Manager that the Board
of Directors would like legal guidance on the subject of General Manager
communications to the Board with regard to the Brown Act and other
District rules.
Mr. Burns stated this was a hot topic recently and produced an appellate
decision, Wolfe v. City of Fremont, which had generally held that a city
manager could lobby his council members with what he wanted to
accomplish as long as he did not advise any council member of another
council member's position. Mr. Burns advised that it produced a quick
legislative abrogation of the Wolfe case, and Government Code Section
54952.2 was enacted. That section clarified that no person should use a
series of communications (including faxes or emails) to discuss subject
matter within the agency's jurisdiction. It provided, however, that it would
not be a violation for an employee such as the General Manager or any
official (Board. member, etc.) from engaging in separate conversations or
communications to answer questions or provide information (newsletters
or similar emails) if that person does not communicate the comments or
positions of other members'of the legislative body. This would allow the
General Manager to send a communication to all Board members as long
as the communication did not mention the comments or positions of other
Board members and, it would not be appropriate for a Board member to
respond with "reply all" because a Board member would have
communicated his position with the others. Mr. Burns provided a copy of
• his June 26, 2009 memo to the Board on this subject.
COSTA MESA SANITARY DISTRICT PAGE 12
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•
Mr. Burns also informed the Board of another issue the Board of Directors
desired guidance on was whether it is appropriate to provide other Board
members with information provided in response to one Board member's
inquiry. Mr. Burns reported the District actually has a rule directly on -point
that was adopted when a previous Board member was requiring an
inordinate amount of Staff time. Mr. Burns stated the Manager shall
respond to individual Board member inquiries unless the Manager
determines it would take an inordinate amount of time, in which case full
Board approval is to be sought. Further, it provided that copies of
materials prepared for one Director shall be distributed to all Directors.
This rule is set forth in District Operations Code Section 3.01.100.
Director Fitzpatrick stated his opinion that the Manager exercise his
discretion in responding to requests by one Director as to whether it is
necessary to divulge the matter to the entire Board.
Mr. Burns stated there is a special rule with regard to emails and Directors
should not send emails between each other.
CLERK OF THE DISTRICT REPORTS
• PROCLAMATION FOR ALLAN ROEDER, COSTA MESA CITY MANAGER
Ms. Revak provided a Proclamation for Costa Mesa City Manager for
presentation at the celebration of Mr. Roeder's career on March 3, 2011.
Director Fitzpatrick requested the District seal be placed on the
proclamation and Ms. Revak assured the Board a gold seal with the
District's seal would be placed below the signatures and the proclamation
would be nicely framed. Director Ferryman moved to direct the President
and Secretary of the CMSD Board of Directors to sign the proclamation.
Director Scheafer seconded the motion. Motion carried 4 -0.
LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
Director Ferryman gave a report on the OCSD meeting held on
February 23, 2011.
Other Meetings Qualifying for Reimbursement
Director Fitzpatrick reported he is attending classes at California
. Residential Recycling Association (CRRA) where he is learning about
general recycling, zero waste, C &D and organics and'will be credentialed
in waste management upon completion of the program.
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President Ooten and Director Perry attended the CMSD Sewer System
Sub - Committee meeting where they study hot spots.
Director Fitzpatrick reported on the City /Districts Liaison Committee and
stated his opinion thatt it was one of the most effective meetings he has
attended.
OLD BUSINESS
There was no old business to discuss.
NEW BUSINESS
SDRMA Notification of Nominations — 2011 Election Board of
Directors
Director Scheafer expressed his desire to be nominated for the SDRMA
seat that is up for reelection should he not be selected for the CSDA seat.
The SDRMA term of office is for 4 years beginning January 1, 2012 and
expiring December 31, 2015. Nomination documents must be received in
i SDRMA's office no later than 5:00 p.m. on Wednesday, May 4, 2011.
This item will be continued to the March 24,'2011 meeting.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion was held on the comments made earlier in the meeting by
Mr. Worthington and agreed it would not be in the best interests of the taxpayer
to expend funds to investigate measures that would have to take place to
determine if the District could break up into sections.
ADJOURNMENT
President Ooten adjourned the meeting to Closed Session at 7:30.p.m. to
discuss personnel performance evaluation pursuant to Government Code
Section 54957 for the General Manager
President Ooten reconvened the regular meeting at 8:00 p.m. and announced
the Board approved a 4% raise for the General Manager and an adjustment in
his severance pay from six to nine months.
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President Ooten adjourned the meeting at 8:05 p.m.
- eretary President
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