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Agenda Packets - Board - 2006-12-14n Costa Mesa Sanitari �:istnct an Independent. Special District AGENDA Jim Ferryman President Gary Monahan Director Arlene Schafer Director Art Perry Secretary Bob ®oten Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. In compliance with ADA, contact Joan Revak, (949)645 -8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting — Thursday, December 14, 2®®6 RECOMMENDED ACTION I. CALL TO ORDER — 6:00 p.m. — 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE — Director Perry ' III. INVOCATION — Tom Fauth IV. ROLL CALL V. ELECTION OF OFFICERS A. Election of District Officers (President, Vice President & Secretary) B. Appointment of Orange County Sanitation District Representative (Currently Director Ferryman) C. Appointment of Independent Special Districts of Orange County Representative (Currently ✓Director Schafer) D. Appointment of Santa Ana River Flood Control Agency Representative (Currently Director Perry) E. Appointment of CMSD Recycling Committee Chairman N)a oo'l F. Appointment of CSDA Representative (Currently Director Schafer) G. Board Consideration of Attendance & Reporting on Meetings of Costa Mesa City Council, OCCOG, WACO and Costa Mesa Chamber of Commerce # '71110AY OF s VINE ��'� i� xF i�� rG�> >7�,4x' 6! i��X4 "910, ? otecting our community's Health by providing solid waste and sewer collection services. Y kt-rRs r4� 4C ' A47) crosdcaAov G Lrine-F OP k3gP; Costa Mesta Sanitarq District December 14, 2006 AGENDA _ • Page 2 RECOMMENDED ACTION H. Appoint two Directors to Sewer Lateral Sub - Committee C-AFY -j 6AJ4 41Vf \ n �PA � �QPI ('Y:S ✓J �j1- ''r�'A,`�I�: ,,...�nj OG'�Ai �►''AS��f�� �-IV i�N. /i'1�/Ill��'.S, VI. SCHEDULE DIRECTOR PHOTOGRAPHS%C 6c,6W rcraj,4c-1 VII. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for ' discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. lN� Reports 8%/ho 5���� Minute Approval Recycling Committee Meeting — November 3, 2006 2. Regular Meeting — November 8, 2006 Manager's Reports TF/V3. Refunds { �`G(2 /�,jGV�Z,Ia�Fi . Approve /a Occupancy Report and payment to Costa Mesa Disposal — December 2006 Approve Z-5. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) Receive & File 6. Additional Container Program Report Receive & File Engineer's Reports 7. Project Status Report Receive & File Treasurer's Reports 8. Financial Reports as of November 30, 2006 Receive & File 9. Treasurer's Reports as of November 30, 2006 Receive & File 10. Warrant Register for the month of November 2006 in the amount of Ratify Payments $622,410.09 11. Directors' Compensation and Reimbursement of Expenses for the Approve Compensation Month of November 2006 & Ratify Expenses ------------------------------------------ - - -E1J6 OF CONSENT CALENDAR--------- - - - - -- SENY 6T VIII. WRITTEN COMMUNICATIONS aC 1iQ.L�i J yQ � 9,60;0- REW&F- IX. PUBLIC COMMENTS Protecting our community's Health by providing solid waste and sewer co!(.ection services. www.crosdcaAov Costa Mesa Sanitary District AGENDA X. MANAGER'S REPORTS A. Sewer System Planning (SEWZA Ppi) 1. Long Term Sewer Replacement Fund 2. Life Expectancy of Sewer Lines 3. Review of Sewer Master Plan December .14, 2006 Page 3 RECOMMENDED ACTION Verbal Report Verbal Report Verbal Report 4. Review of Orange County Sewer Rates Verbal Report B. Director Orientation Follow Up Accept Report C. CMSD Strategic Plan - /M4�i ) _3;a, -t 7 = �� Y� HP.$) f =;� If/VS f X17_ l�'T j 1. Year 2005/2006 Strategic Planning Action Items Receive & File 2. Year 2007/2008 Strategic Planning Workshop Confirm Dates Scheduled for January 26 & 27, 2007 a. Pre - Meeting - January 22, 2007 at 6:00 p.m. Confirm Date D. Flexible Benefit Account Increase Approve Increase /\E. 1. Budget Adjustment in the amount of $2,000.00 Approve District Yard Update 3,2 OAA M f& I Accept Report F. New District Headquarters .A a. Building and Grounds Ad Hoc Committee i pdate on Column Improveme ts, Painting & Landscaping G. Recycling Reports 1AH I. C/11i 1. Waste Diversion Report - November 2006 Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for November 2006 Services Ordinance Enforcement Officer's Report Accept Report Receive & File Ratify Subject to Verification of Diversion Report by Staff Accept Report Update on Monitor Video a a -(�(� j�. -, RP-IF BY jv,14 Q %W&j(, Accept Report (1-6 M (A AtTCH WW C + -9, 140MI) Protecting our community's 6ealt6 dy providing solid waste and sewer colfection services. avww.crosdcagov Costa Meso Sani aq Dish:.yict . AGENDA December 14, 2006 Page 4 w v RECOMMENDED ACTION K. Recycling Comm' -bee — Monda , December 11, 2006 12:00 p .m., Canceled CMSD Board Room, 628 W. 19' Street, Costa Mesa) 1. Recycling Committee Goals for 2005/2006 Update on Activities 2. Telephone Book Recycling Program – November 13 through Accept Report December 22, 2006 ; 1 3.' E -Waste Ev nt – February 24, 2007 at City Corporation Yards ,�� `t` 4,C,L cept Report AV� cWPt� j �F l lr`tl �ivr &4R Iectronic 4. Disposal and Universal Wastes through C , R '� r Accept Report C- 5. Source Reduction Accept Report ��' 6. Integrated Waste Man Bement Department Matching Fund Opportunity Accept Report 5�,L-r-n4U t_ XI. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR)'-FVkL- F£' CU S'i7i' AJO 1X/1 (4(` 3� - vsvil gr l T 1. General Update Accept Report B. Anniversary Lane Water Line – IRWD C. CMSD Project #129 – Bristol Street Sewer Three Party Agreement 1. Resolution Making Findings Regarding Bristol Street Sewer 2. New Three Party Agreement for Construction of Bristol Street Sewer XII. TREASURER'S REPORTS lA: Transition to New Treasurer /Director of Finance jWAk MVES P F, B. Trash and Sewer Charge Corrections C. Audited Financial Statements for the Fiscal Year Ended June 30, 2006 D. Management Letter Response t ,,/E Liebert Cassidy Whitmore Orange County Employment Relations Consortium 1.. Membership Invoice for the period 01/01/2007 through 12/31/2007 in the amount of $2,506.00 Accept Report Make Findings and Adopt Resolution Approve & Execute Agreement Accept Report Approve Accept Report Accept Report Execute Agreement & Approve Payment F: r Investment Oversight Committee Meeting – Thursday, December 14, 2006 Accept Report at 5:00 p.m. (Directors Monahan and Ooten) JfiVEy i •tueY / \I vtRf'l� yg-mN Protecting our community's health by providing solid waste and sewer coClection services. www.crosdca, Costa lviesa. Sanita ", Dist vict AGENDA XIII. ATTORNEY'S REPORTS Decetnber 14, 2006 .Page RECOMMENDED ACTION A. Policy on Director Findings for Absent Director Accept Report B. CMSD Ordinance No. 57 Regarding Trash Containers Adopt Adopt Ordinance C. Selected Laws All Public Officers Should Know �- AM S&00- - �' kI I0 Accept Report /D. SB 1308 — Vote Trading/Coercion Accept Report E. Manager's One -on -One Meetings with Members of the Governing Body Accept Report (Wolfe v. City of Fremont) Pog cau - c otai, j ' -,ro jj a R 0 Simvi uj XIV. LOCAL MEETINGS (Includes Reports by all Directors Representing CMSD) /. Orange County Sanitation District (OCSD) — November 15, 2006 Accept Report (President Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report r' (Director Perry) Independent Special Dlstrigt s_of Orange County (ISDOC)/�Y Accept Report (Director Schafer) �tiPf 1. Quarterly Meeting, E, 4i and Luncheon — Nove_mber 30, 2006, _ 11:30 a.m. at OCSD Board Room D. Local Agency Formation Commission (LAFCO) (Director Schafer) E. California Special Districts Association (CSDA) (Director Schafer) 1. 2007 Membership Dues in the amount of $3,162.00 F. California Association of Sanitation Agencies (CASA) 1. 2007 Membership Renewal in the amount of $4,811.98 G. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 XV. OLD BUSINESS XVI. NEW BUSINESS XVII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVII1. ADJOURNMENT Accept Report Accept Report Accept Report Approve Payment Accept Report Approve Payment Report on Matters Pertaining to CMSD Protecting our community's health by providing solid waste and sewer collection services. www.crosdeagov n.a.di COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING November 3, 2006 The Costa Mesa Sanitary District Recycling Committee met at 12:00 p.m. at 628 W. 19th Street, Costa Mesa. Directors Present: Greg Woodside, Art Perry Staff Present: Rob Hamers, Tom Fauth, Joan Revak Director Woodside called the meeting to order at 12:00 p.m. RECYCLING COMMITTEE GOALS FOR 2005/2006 The Committee reviewed the 2005/2006 recycling goals. The Committee goals • will be updated as part of the 2006/2007 Strategic Plan. TELEPHONE BOOK RECYCLING PROGRAM - NOVEMBER 13 THROUGH DECEMBER 22, 2006. Ms. Revak presented the flyer for the 2006 Telephone Book Recycling Program and reported the flyers will be distributed to the schools and sponsors the week of November 6, 2006. The bins will be delivered to the schools on Thursday, November 9 and Friday, November 10, 2006. UNIVERSAL WASTE - REQUIREMENTS EFFECTIVE FEBRUARY 9, 2006 A second E -Waste collection event will be scheduled for January 2007 and Mr. Fauth is looking into two vendors to sponsor the event. LARGE ITEM COLLECTION - JUNE 12 THRU AUGUST 26, 2006 Ms. Revak reported being contacted by CR &R after receiving the District's request for reimbursement for the white goods collected in the summer program and CR &R advised a mistake was made in the tonnage reported to the District. A CR &R staff person inadvertently included the weight of the truck in the tonnage, therefore, the actual white goods tonnage is 224.82 and a • refund of $7,993.35 was requested on October 24, 2006. Protecting our community's health by providing solid waste and sewer collection services. www.crosdcaAov USED TIRE ROUND UP — OCTOBER 21, 2006 Costa Mesa Sanitary District Minutes of Recycling Committee Meeting November 3, 2006 Page 2 Mr. Fauth reported the Used Tire Round -Up was held on October 21, 2006 from 10:00 a.m. to 2:00 p.m. at the City Corporation Yard. The event was publicized in the Daily Pilot and on the information boards at Estancia High School and the Orange County Fairgrounds. A total of 330 used tires were hauled away by McClanahan's Tire Recycling, Inc. Of that total, 182 tires were accumulated at the City of Costa Mesa Corporation Yard. The cost of the event was $719.05. Mr. Hamers suggested inviting Mike Carey from the Orange Coast College Recycling Center to a future meeting of the Recycling Committee and Mr. Fauth will make the arrangements. A new Chairman of the Recycling Committee will be appointed at the December 14, 2006 regular Board of Directors meeting. The Committee will not meet in December 2006. The meeting was adjourned at 12:42 p.m. Secretary President Protecting our community's Health by providing solid waste and sewer collection services. wuw.crosdca. • 01 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on November 8, 2006, at 6:00 p.m. at 628 W. 19th Street, Costa Mesa. President Ferryman called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Director. Worthington led the Pledge of Allegiance. INVOCATION Vice President Woodside gave the invocation. ROLL CALL DIRECTORS PRESENT: James Ferryman, Greg Woodside, Arlene Schafer, Dan Worthington, Art Perry DIRECTORS ABSENT: None STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Colin 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. Robert Ooten 2846 Tabago Place, Costa Mesa 92626 Mr. Dean Ruffridge, CR &R, 11292 Western, Stanton Ms. Gina Keuilian, 1079 Visalia Drive, Costa Mesa COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 2 COMMENTS RV DIRECTOR WOODSIDE At the October 2006 meeting, Vice President Woodside was presented with an Excellence in Service Award in recognition and appreciation for his 8 years of outstanding service to the Costa Mesa Sanitary District. Director Woodside stated he was taken by surprise at the award and was not able to respond at that time. Director Woodside commended each member of the Board and Staff for their roles at the District and how they have contributed to his rewarding experiences as a CMSD Board member. President Ferryman reported Mr. Bob Ooten was the top vote - receiver in the 2006 election and welcomed him to the CMSD Board meeting. President Ferryman stated Director Worthington would be greatly missed by the Board and thanked him for his many innovative suggestions over his term with the Costa Mesa Sanitary District. . ............................... CONSENT CALENDAR . ............................... Director Perry motioned to approve the Consent Calendar as presented. Director Woodside seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting — of October 9, 2006, were approved as distributed. October 9, 2006 Minutes of Regular The Minutes of the Regular Meeting of October 12, Meeting — 2006, were approved as distributed. October 12, 2006 MANAGER'S REPORTS Refunds In accordance with Resolution No. 96 -584, adopted by the Costa Mesa Sanitary District. on April 17, 1996, the following refunds were granted subsequent to receiving evidence of outside trash service and a signed statement from the applicants: • C; COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ' NOVEMBER 8, 2006 PAGE 3 Reject payment Applicant: Mr. Nick Anderson Of $50.00 to Parcel Address: 2118 Republic Mr. Nick Anderson Assessor's Parcel No. 422 - 442 -19 refund: $50.00 Tax years: 2006/2007 Owner purchased two extra 90 gallon containers in December of 2004. Due to the current policy of charging for extra containers, the owner determined he did not want to keep the two containers and requested a refund. The Board rejected the request since the containers were purchased 13 months prior to the authorized refund cutoff date of January 1, 2006. Occupancy Report and The Trash Occupancy Count documented an Payment of $195,119.88 increase of 3 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of November 1, 2006. Therefore, November 2006 the total for November is 21,312. Board directed Staff to prepare a warrant for $195,.119.88 to Costa Mesa Disposal for November 2006 collection count of 21,312. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for October 2006 Control Board (RWQCB) was accepted as submitted. ENGINEER'S REPORTS Project Status Report The Project Status Report dated November 2006 was accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of September 30, 2006 September 30, 2006 was accepted as submitted. Treasurer's Report as of The Treasurer's Report as of September 30, 2006 September 30, 2006 was accepted as submitted. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING 6a NOVEMBER 8, 2006 PAGE 4 Financial Report as of The Financial Report as of October 31, 2006 was October 31, 2006 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of October 31, 2006 October 31, 2006 was accepted as submitted. Warrant 2007 -5 for Warrant Resolution #CMSD 2007 -5 was approved, September 2006 in the authorizing the President and Secretary to sign the amount of $859,931.37 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $859,931.37. Directors Expenses for the Director Compensation and Expense Month of October 2006 Reimbursements for the Month of October 2006 were approved and ratified as follows: Director Ferryman: $170.00 Director Perry: $170.00 Director Schafer: $1,020.00+ 85:29 Vice President Woodside: $340.00 Director Worthington: $850.00 .......................... END OF CONSENT CALENDAR ......................... President Ferryman welcomed Colin Burns, who is attending the November regular meeting to provide legal counsel in place of Alan Burns, who was unable to attend the meeting. WRITTEN COMMUNICATION Ms. Revak reported there were no written communications. PUBLIC COMMENTS There were no public comments made. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING "h'" NOVEMBER 8, 2006 PAGE 5 0 MANAGER'S REPORTS REPORT BY CR &R BILL OF SALE FROM MUNICIPAL FINANCE CORPORATION AUTHORIZE ISSUANCE OF BILL OF SALE TO CR &R Ms. Davis reported the District has paid off the remaining debt and received an executed Bill of Sale, as well as a copy of the executed lien release (UCC3) from Municipal Finance Corporation for the trash containers. Ms. Davis requested the Board of Directors receive and file the Bill of Sale and UCC3 and authorize the Board President to execute the District's Bill of Sale to complete the transfer of ownership of the District's entire inventory of containers to CR &R. Director Perry motioned to receive and file_ the Bill of. Sale and UCC3 and authorize the Board President to execute the District's Bill of Sale to complete the transfer of ownership of the District's entire inventory of containers to CR &R.... Director Worthington seconded. Motion carried 5 -0. ADDITIONAL CONTAINER PROGRAM Ms. Davis reported CR &R mailed out the first billing for additional residential containers above the basic service level of two containers for the period covering September through December .2006. The first billing cycle was for 3771 additional containers at $8.00 per container for a total of $120,664. In October, CR &R received $15,949 in payments for the 2826 additional containers. During the 2006 -07 fiscal year, the District is entitled to 10% of the additional container revenues. The District will receive the revenue at the end of the fiscal year. Mr. Harriers reported Orange Coast College has noted an increase in recyclables at their facility since the District implemented the program. LABOR NEGOTIATIONS Mr. Ruffridge reported employees at both North and South Orange County operations centers continue to work despite the fact that the final ratification of the negotiated offer with Teamsters Local 396 has yet to occur. Mr. Ruffridge anticipates member voting to ratify the new contract next week. Director Schafer expressed her appreciation to Mr. Ruffridge noting that the trash pick up in the City of Costa Mesa has been on schedule and there are no adverse effects of the labor negotiations for residents. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING °a NOVEMBER 8, 2006 PAGE 6 Mr. Ruffridge left the meeting at 6:20 p.m. 0 SEWER SYSTEM PLANNING Mr. Hamers stated he is looking forward to having the sewer system expertise of Mr. Ooten as a new Board member of the Costa Mesa Sanitary District. REVIEW OF CMSD SEWER ATLAS Mr. Hamers provided the CMSD Sewer Atlas for the Board's review. The sewer atlas depicts over 200 miles of sewer main and 125 miles of laterals. REVIEW OF SEWER MASTER PLAN Mr. Hamers presented an overview of the Costa Mesa Sanitary District Sewer Master Plan. Mr. Hamers outlined the responsibility of the Board for the future of the Costa Mesa Sanitary District. Director Perry inquired how often the pump stations are being checked. Mr. Dulake reported the pump stations are being checked twice a week. Mr. Hamers proposed a Director orientation to assist the two new directors in becoming familiar with the District. Mr. Hamers invited all current Directors to attend and take advantage of the informative re- education. REVIEW OF ORANGE COUNTY SEWER RATES Mr. Hamers reported the CMSD sewer rate is approximately one half of the current Orange County average for sewer rates for 2005 -06. DISTRICT YARD UPDATE Mr. Fauth reported the Orange County Fair Grounds will not be suitable as a yard for a long -term arrangement without a building for storage and pump maintenance. President Ferryman offered to meet with the Fair Grounds representatives to ascertain the possibility of leasing the property and placing a metal building on it. Director Schafer inquired if Mr. Fauth has investigated the possibility of acquiring property from the National Guard. Mr. Fauth will investigate what options would be available to the District. Mr. Fauth reported realtor Don Gregg's impression is that commercial property is currently overpriced and undersupplied. 40 Mr. Fauth and Mr. Dulake will continue to look for possible yard locations. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER $ 2006 PAGE 7 PROPERTY AT 2252 FAIRVIEw ROAD Mr. Fauth reported the property at 2252 Fairview Road has been sold. PROPERTY AT 2050 CHARLE STREET Mr. Fauth reported Mr. Gregg sent a letter to the owner of 2050 Charle Street and has not received a response from the current owner. CMSD STRATEGIC PLAN YEAR 2005/2006 STRATEGIC PLANNING ACTION ITEMS Mr. Hamers reported the premeeting is set for January 22, 2007 at 6:00 p.m. NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE Update on Column Improvements, Painting, and Landscaping • Mr.. Hamers reported the column repair is in process. Mr. Fauth reported he received one bid for painting to date, but the bid was extremely high. More bids will be sought. RECYCLING REPORTS WASTE DIVERSION REPORT - OCTOBER 2006 Ms. Revak presented the Waste Diversion Reports for October 2006 showing a 50.44% diversion rate. Director Perry 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 OCTOBER 2006 SERVICES Ms. Revak presented the Invoices for October 2006 recycling services and disposal. Director Perry motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of October 2006 in the amount of $168,580.26. Director Schafer seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT � MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 8 Director Perry motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of October 2006 in the amount of $11,654.98.. Director Schafer seconded. Motion carried 5 -0. ORDINANCE ENFORCEMENT OFFICERS REPORT Mr. Hamers reported Mr. Shef is recuperating from a recent surgery and will be returning to work soon. ELECTION 2006 Ms. Revak reported the election winners were Mr. Bob Ooten, Mr. Gary Monahan, and Director Arlene Schafer. Mr. Hamers inquired if the Board would prefer the orientation be held before or after December 1, 2006, the date the new Board members would be sworn in. Director Perry suggested having the orientation after December 1, but before the first monthly meeting in December. Mr. Hamers suggested noticing the meeting as a Special Meeting to allow other Board Directors to attend. • A Special Meeting for Director Orientation was set for December 6, 2006 at 11:30 a. m. UPDATE ON MONITOR VIDEO Mr. Fauth reported time constraints have prevented the script finalization. Mr. Fauth anticipates having the script completed sometime in December of 2006. Videotaping will include the new building once the landscaping and painting are completed. Mr. Fauth anticipates the video to be complete by the beginning of summer. JOB DESCRIPTION & SALARY STRUCTURE FOR OFFICE SPECIALIST Mr. Hamers reported the Board had previously approved a partial appropriation for the position of Office Specialist I. Mr. Hamers asked the Board to approve the position and authorize the recruitment process. Financial matters will be approved when a suitable applicant is determined. Discussion was held regarding the anticipated duties of the applicant. Director Worthington reported he has called the District offices a few times since the temporary receptionist has been on duty and stated he appreciated the pleasant experience of having a person answering the telephone instead of a machine. .7 COSTA MESA SANITARY DISTRICT .., MINUTES OF BOARD OF DIRECTORS REGULAR MEETING � r NOVEMBER 8, 2006 PAGE 9 Director Perry motioned to approve the position and salary structure of Office Specialist I and authorized Staff to proceed with the recruitment process. Director Woodside seconded. Motion carried 5 -0. RECYCLING COMMITTEE - MONDAY, NOVEMBER 3, 2006 -12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA, (DIRECTORS WOODSIDE AND PERRY) RECYCLING COMMITTEE GOALS FOR 2005/2006 Vice President Woodside reiterated the information regarding Orange Coast College experiencing an increase in. recycled goods since the District began charging for extra trash containers. TELEPHONE BOOK RECYCLING PROGRAM - NOVEMBER 13 THROUGH DECEMBER 22, 2006 Vice President Woodside presented the telephone book recycling program flyer and reported the Committee discussed maintaining the same payment schedule for the schools as last year. The program will run from November 13 through December 22, 2006. President Ferryman inquired whether or not Kline School was able to find a suitable location for a bin for the telephone books. Ms. Revak reported they found a location and a bin will be placed on the school property to allow them to participate in the program. USED TIRE. ROUND -UP - SATURDAY, OCTOBER 21, 2006 Vice President Woodside reported the Used Tire Round -up, held October 21, 2006, was very successful, bringing in 330 used tires. LARGE ITEM COLLECTION PROGRAM - REVISED TOTALS FOR WHITE GOODS Vice President Woodside reported CR &R inadvertently included the truck weight on the weekly reports forwarded to the District, erroneously inflating the total of white goods collected. The revised totals indicate 489.89 tons of landfilled tonnage was collected at a cost of $13,358.59. The revised white good total is 224.82 tons for a credit of $21,366.93, amounting to a credit to the District of $7,993.35. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ®� NOVEMBER 8, 2006 PAGE 10 OUTREACH INFORMATION RECEIVED FROM EARTH RESOURCES FOUNDATION Mr. Fauth reported Ms. Stephanie Barger has been focused on preparation for a conference and has not yet provided information to the District. SOURCE REDUCTION Staff will be collecting information from neighboring cities on what they are doing for source reduction. Vice President Woodside reported, there will be a conference entitled "Zero in on Zero Waste: Don't let your Bottom Line go to Waste" being held in San Diego on November 15, 2006. Mr. Fauth will consider attending. CHAIRMAN OF RECYCLING COMMITTEE Vice President Woodside suggested the Board discuss a future Chairman of the Recycling Committee. President Ferryman suggested the chairman be discussed at the December regular meeting, after the two new Board members and Director Schafer have been sworn in. The Recycling Committee will be dark for the month of December 2006 and will resume again in January with a new Chairman. Director Perry reported Estancia High School is considering starting a recycling club and inquired if the District had available funds to assist them in the endeavor. Mr. Hamers reported money has been set aside for recycling education and would welcome a request from the students. Director Perry will suggest the students present a description of their program to the District. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers reported the District has filed the notice of intent to enroll in the State Waste Discharge Requirements and concurrently the regional Board is putting forth a rescission request to the Board to rescind the local waste discharge requirements that the District has been complying with since April 2002. • COSTA MESA SANITARY DISTRICT :. MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a NOVEMBER 8, 2006 PAGE 11 0 ANNIVERSARY LANE WATER LINE — IRWD Mr. Hamers reported he received a letter from Mr. Paul Jones, General Manager, IRWD. Mr. Hamers requested the District Engineer from the Department of Health Services comment whether she was in agreement with what the general manager represented she had said. Mr. Hamers will keep the Board updated as additional information is available. CMSD PROJECT #129 — BRISTOL STREET THREE -PARTY AGREEMENT Mr. Hamers reported he is still waiting for the three -party agreement to be returned. Mr. Hamers will keep the Board updated. PROJECT #178 - PURCHASE OF SEWER BY -PASS PUMP Mr. Hamers presented a report on Capital Improvement Project #178 adding the appropriate findings to purchase a used by -pass pump. The existing by -pass pump is well over 30 years old and should be retired from service. The recommended pump is a used SPP Q1200 by -pass pump offered by the Charles King Company. A new pump would cost in excess of $52,000 while the District may purchase the same pump, with extras, and with low hours, for $44,805. Director Perry suggested looking for a second additional emergency pump. Director Perry motioned to make a finding that it is in the public's best interest to dispense with the formal bid process in order to purchase a used SPP Q1200 by- pass pump offered by the Charles King Company and as shown in the price recap sheet in the amount of $44,805, plus tax for a total not to exceed $50,000. Funds in the amount of $75,000 were budgeted in the 2005 -2006 fiscal year and the remaining funds in Project #178 be used for the purchase of another used pump. Director Schafer seconded. Motion carried 5 -0. TREASURER'S REPORTS CARRYOVER REQUESTS FY 2006 -07 Ms. Davis presented the carryover requests for FY 2006 -07.. Ms. Davis explained the nature of Capital Improvement Projects in scope and size preclude them from being completed within the fiscal year necessitating the unspent Capital Improvement Project's appropriations be carried over or re- appropriated in the subsequent fiscal year. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 12 Director Schafer motioned to approve the requested carryover of revenue and expenditure budgets from the 2005 -06 fiscal year to the 2006 -07 fiscal year. Director Woodside seconded. Motion carried 5 -0. AMEND ORIGINAL ADOPTED BUDGET FY 2006 -07 Ms. Davis presented the amended Original Adopted Budget FY 2006 -07. The Original Budget was adopted during the negotiations with CR &R regarding rates. Ms. Davis outlined the proposed amended budget for the Board and explained the need for each recommended change. Vice President Woodside motioned to approve the amended original adopted budget FY 2006 -07 as presented. Director Perry seconded. Motion carried 5 -0. Director Worthington reported he has been noticing trash rates for other cities being quoted as a weekly amount instead of a monthly amount and suggested the District consider presenting the rate as a weekly amount. CR&R INTEREST PAYMENT Ms. Davis reported CR &R paid the District $1,795,000 to purchase the District's entire trash container inventory. On September 19, 2006, the District submitted the payoff payment to Municipal Finance Corporation for the outstanding lease. Pursuant to the renegotiated master trash agreement whereby the District agreed to pay CR &R any interest earned on the lease payoff amount as a result of the timing difference between the date CR &R paid for the containers and the date the District submitted payment to pay off the lease, the District is obligated to pass on the interest received on the money while it was held in trust. The District Treasurer placed the funds received from CR &R in the Local Agency Investment Fund (LAIF) to earn interest prior to the payoff date. Staff calculated the exact interest earning during this period to be $11,863.77. Director Schafer motioned to ratify the interest amount of $11,863.77 paid to CR &R from interest earned. Vice President Woodside seconded. Motion carried 5 -0. TRANSITION TO NEW TREASURER /DIRECTOR OF FINANCE TRANSITION PLAN FROM CBIZ - MEMO FROM MANAGER /DISTRICT ENGINEER Mr. Hamers reported Staff met with Mr. Marc Davis, CBIZ Managing Director, on November 3, 2006 to discuss a plan for the departure of the current CMSD Treasurer, Wendy Davis, and the transition to a new Treasurer. Ms. Davis is making a change in career paths and is leaving government service. CBIZ has an agreement with the District to provide the District Treasurer. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING j+ < NOVEMBER 8, 2006 PAGE 13 Mr. Hamers reported they discussed the option of having a two - person team for the Treasurer position with a senior level person handling investing, oversight, and attending Board meetings, and the second person handling day -to -day matters at the District offices. Mr. Davis proposes to transition to the new treasurer or possible two - person team, towards the end of the 2006 calendar year. President Ferryman inquired as to whether or not the cost would be .the same. Mr. Hamers stated it would be the same. Director Schafer motioned to approve the transition plan as proposed. Director Woodside seconded. Motion carried 5 -0. PERSONNEL RESPONSIBILITY CHART Mr. Hamers presented the Personnel Responsibility Chart prepared by Mr. Fauth for the Board's review. TRANSITION FROM PART -TIME TEMPORARY ASSISTANT ACCOUNTANT TO PART -TIME PERMANENT ASSISTANT ACCOUNTANT . Mr. Hamers reported the decision was made to make the part -time temporary assistant account a permanent, part -time assistant accountant to best meet the needs of the District. It is necessary to train the Individual and rely on his /her work. JOB SPECIFICATION FOR PART -TIME PERMANENT ASSISTANT ACCOUNTANT Mr. Fauth prepared the Job Specification for part -time permanent assistant accountant. SALARY STRUCTURE FOR PART -TIME PERMANENT ASSISTANT ACCOUNTANT Ms. Davis discussed options for funding the salaries of the positions being discussed. Director Schafer motioned to approve the position as proposed. Director Woodside seconded. Motion carried 5 -0. ATTORNEY'S REPORT SEWER LATERAL COMPLIANCE ORDINANCE Mr. Fauth provided an overview of the sewer lateral compliance ordinance, reporting meetings were held with realtors, homeowner association representatives, and managers of apartment complexes. A follow -up meeting is scheduled for January COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 14 2007. Both certificated and noncertificated home inspectors will be invited to attend the January meeting. Additional data was gathered from local plumbers regarding services rendered and cost of closed circuit TV. Mr. Harriers suggested having a subcommittee meeting to be prepared to address all items of discussion at the January meeting. A date for the subcommittee meeting will be determined at the December regular meeting. ABSENCES FROM OFFICENACANCIES IN OFFICE Mr. Colin Burns provided information regarding the Board's inquiry about absences from meetings causing a vacancy. A vacancy can occur in an office if, among other causes, the Board member is absent from the state without permission required by law for the time specified by law, or if the Board member ceases to discharge the duties of office for the period of three consecutive months except when prevented by sickness or with the permission required by law. (Gov. Code 1770) Gov. Code 1062 provides that council members cannot absent themselves from the state for 60 days without permission. Section 1063 provides that no officer of a county district may be absent for more than 30 days without the consent of the Board of Supervisors. Section 1063 may not apply to a sanitary district, but no case has interpreted that section. Discussion was held regarding granting permission to be absent so that a vacancy does not automatically occur. Mr. Harriers suggested the Board make the determination whether or not an absence is determined to be excused. Mr. Burns was directed to develop a policy for the Board regarding Board member absence. CORRESPONDENCE TO SDRMA RE INVERSE CONDEMNATION COVERAGE (ASTIN, LOCKE V. COSTA MESA SANITARY DISTRICT) Mr. Colin Burns reported the District's current insurance does not cover takings. A letter was sent to the Special Districts Risk Management Authority by Mr. Alan Burns on October 26, 2006, regarding inverse condemnation coverage. The JPIA has written an exclusion in their policy that "inverse condemnation" is excluded from coverage. Mr. Burns hopes to negotiate new language in the liability coverage to cover property damage claims that are presented as inverse condemnation claims. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 15 • LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) — OCTOBER 25, 2006 (PRESIDENT FERRYMAN) President Ferryman attended the Orange County Sanitation District meeting on October 25, 2006, and reported the following: ❑ Board accepted modification recommendations to two committees instead of three to streamline operations and reduce the number of meetings ❑ New committee members will be appointed in December 2006 SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY The Santa Ana River Flood Protection Agency meeting will be held on November 9, 2006. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER Director Schafer attended an executive board meeting where discussion was held regarding the upcoming quarterly meeting elections. QUARTERLY MEETING, ELECTION AND LUNCHEON - NOVEMBER 30,2006,11:30 A.M. AT OCSD BOARD ROOM A Quarterly meeting will be held on November 30, 2006, at the OCSD Board Room to elect a new ISDOC executive committee for 2007 -2009. Directors Schafer, Worthington, and Perry will 'be attending the Quarterly meeting. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) Director Schafer attended the LAFCO meeting of November 8, 2006, and reported mayors from Costa Mesa and Newport Beach asked for a continuance until May to attempt to reach resolution. The cities will provide a status report within three months. Due to budget constraints, LAFCO will be eliminating two positions. 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 16 Director Worthington attended meeting and reported they discussed revising the LAFCO formula. After discussion, it was determined to keep the formula intact. Director Worthington reported $5,000 of treasury funds has been placed into an interest - bearing account. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Director Schafer attended a legislation meeting on October 20, 2006 and reported they discussed the new executive board and organization for the November Strategic Planning Session. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Director Schafer did not attend a CASA meeting and had no report. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030 WACO Director Schafer attended the WACO meeting of October 6, 2006, and reported the following: ❑ Update reports given 0 Speaker on California Supreme Court's Bighorn - Desert View Water Agency decision - Big Changes for Rate Setting? What Water Agencies Need to Know Director Worthington attended the WACO meeting and reported the following: ❑ New President of the Metropolitan Water District ❑ New reservoir in Hemet with a 44 -mile pipeline ❑ Restoration of Lower Owens Valley River riverbed that has been dry for 50 years into a salmon- spawning riverbed OCTA ADVISORY COMMITTEE Director Schafer attended the OCTA Advisory committee meeting on October 17, 2006 and reported they discussed the following: ❑ Long -range transportation plan ❑ Short -term actions ❑ Presentation from Kurt Brotcke, Manager of Planning and Reports. • r1 OLD BUSINESS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 8, 2006 PAGE 17 There was no Old Business presented. NEW BUSINESS There was no New Business presented. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Worthington stated he would be leaving his binder of information for the incoming Board members. Director Worthington thanked the Board for the 12 -years of experiences he has enjoyed while on the CMSD Board. President Ferryman commended Director Worthington and noted the number of programs that are currently in place due to his efforts. Mr. Fauth thanked Director Worthington for his involvement in the recycling program. Mr. Hamers stated he would miss the contributions of both Directors Worthington and Woodside and looked forward to working with Mr. Ooten as a new Board member. ADJOURNMENT At 8:15 p.m., President Ferryman adjourned the meeting. SECRETARY • PRESIDENT 7 77 COSTA MESA SANiTAYy DisTRicT PROJECT STATUS REPORT December 2006 Project 1 1 1 21 00 -1 01 West Side Pumping Station Abandonment Study The Manager /District Engineer and engineering staff met with an environmental consultant to determine whether the project will be categorically exempt, require a Negative Declaration, or whether an Environmental Impact Report (EIR) will be required under the CEQA requirements. The consultant will prepare a proposal for an environmental constraint study after the District prepares a new map of the overall project. Project 11121'00-129 Bristol Street Pumping Station The County of Orange plans on widening Irvine Avenue from Bristol Street to University Drive, which will cause relocation of the CMSD Tustin Pumping Station. The District can upgrade the station to a level able to serve the redevelopment of the area. The upgrade alleviates the need for the Bristol Street Pump Station and the project can be reduced to construction of a new gravity sewer only. These findings were submitted to the Orange County Development Agency and as requested the Sanitary District prepared a new three party agreement reflecting these findings. The agreement is being reviewed by the three agencies. Proiect 1112100 -135 Reconstructing Force Main for Elden Pumping Station (Phase Ill Construction is complete. The District and City of Costa Mesa are awaiting comments from the State on the easement and rights -of -way documents submitted. A reminder letter was sent to the O.C. Fairgrounds to continue consideration of the easements. Project 1112100 -159 Televising Sewer Lines Program Years 98 -99 99 -2000 Areas are televised as needed. Project 1112100 -168 Tustin Pumping Station Remodel or Relocation The construction of the Phase I gravity sewers is complete and the District Engineering Staff is designing the new pumping station. Project 1112100-171 Tustin Pump Station Force Main Rehabilitation -Phase I • The design phase is continuing. Project 1112100 -173 South Coast Plaza Pump Station Force Main Replacement • The design phase is continuing. Project 1112100 -174 FOG Program Development and Implementation The project report was prepared by EEC and approved by the Board of Directors at the January 2006 regular meeting. Project 1112100-175 OCSD Cooperative Project Grant-Televising CMSD Sewer Lines The televising is continuing. Protect 1112100-176 WDR Grease Control Program Phase III The project was awarded to EEC at the January 2006 regular meeting. • • Protectcng our community's health by providing solid waste and sewer collection services. crosdcag.ov