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Agenda Packets - Board - 2007-03-08Costa :Fees it District ... an Independent Special District Arlene Schafer Vice President Jim Ferryman Director Art Perry President Bob ®oten Secretary Gary Monahan Director Regular Meeting — Thursday, March 8, 2®®7 • I. CALL TO ORDER — 6:00 p.m. — 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE — Bob Ooten III. INVOCATION — Tom Fauth IV. ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) V. 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. Reports Minute Approval Recycling Committee Meeting — February 5, 2007 2. Regular Meeting — February 7, 2007 3. Special Meeting — February 15, 2007 RECOMMENDED ACTION Protecting our community's health by providing solid waste and sewer co&tion services. www.cnudcagov Costa Mesa SanitarN) District March S, 2007 AGENDA Page 2 RECOMMENDED ACTION Sewer System Committee Meeting — February 21, 2007 AIrP/t,1�,'' Manager's Reports � 1-(0? N� � j5. Refunds No Refunds Occupancy Report and payment to Costa Mesa Disposal — February 2007 Approve Monthly Spill Report to State Water Resources Board Receive & File 8. Additional Container Program Report Receive & File 9. Minutes of Human Resources Meeting of February 20, 2007 Receive & File Engineer's Reports ?� ,, 10. Project Status Report' ._ �,, ,~�a ( l �"� Receive &File Treasurer's Reports 11. Financial Reports as of February 28, 2007 Receive & File 12. Treasurer's Reports as of February 28, 2007 Receive & File 13. Warrant Register for the month of February 2007 in the amount of Ratify Payments $640,745.97 14. Directors' Compensation and Reimbursement of Expenses for the Approve Compensation Month of February 2007 & Ratify Expenses END OF CONSENT CALENDAR VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. CMSD Strategic Plan 1. Year 2007/2008 Strategic Planning Action Items Accept Report B. Sewer System Committee Accept Report 1. Goals ',JK Ad 5fq Accept Report 2. OCSD Seminar on Sewer Lateral Ownership — March 15, 2007 Accept Report 3. Next Scheduled Meeting —Wednesday, March 21, 2007 at 10:30 a.m. Confirm • Protecting our community's health by providing solid waste and sewer collection services. www.crosdcagov Costa Mesa Sanitary District March 8, 2007 AGENDA Page 3 RECOMMENDED ACTION C. District Yard /33�'?Af �1. Meeting with Fairgrounds General Manager - Monday, February 26, 2007 Accept Report f� g1�Y`FiVSdC;P1i 2. Financing Plan for Purchase of Yard 47 /nAaL-N j JhN 611266 t 61MOX Consider D. Public Outreach - Magnets -TI f a� Cgtfl PZ f'� t - /�aVk P�' -Kr c�Staff to Include Cost In 2007 -08 Budget K I;p E 3 Status of CMSD Website..(/ owvQ twat F. New District Headquarters a. Building and Grounds Ad Hoc Committee 6 C, i. Update on Landscaping 0- ritk!9�1tc G. Recycling Reports 1. Waste Diversion Report - February 2007 H. Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for February 2007 Services x9l 7- (A-0 f�S C — v� 1944N fsi�F.a ' Vim' . Ar M Ordinance Enforcement Officer's Report 1J J. Update on Monitor Video - -Col q- Rte.' X ft,�Z�OR Consider Proposals & Budget Adjustment in the amount of $37,500 Award Landscape Contract Receive & File Ratify Subject to Verification of Diversion Report by Staff Accept Report Accept Report K. Recycling Committee — Mondat March 5, 2007, 12:00 p.m., / ,I& ovEI = C,-KszT-SI%4ot e - CMSD Board Room, 628 W. 19' Street, Costa Mesa,, (Directors Ooten and Monahan) 1. Recycling Committee Goals for 2007/2008 Receive & File 2. Guest Presentation - Mike Carey, Orange Coast College Recycling Center Consider 3. E - aste Event - February 24, 2007 at City Corporation Yard Accept Report COW, (Vity, Sot Q , • fvw— v-s acC Vs 4. Disposal of Electronic and Universal \A/astes through CR &R Accept Report 5. Source Reduction Brochure - �&cco t <r Accept Report 6. Water Conservation - XZ s �,4.f£ f Low rLow d- WXTLR Accept Report Protecting our community's Health by providing solid waste and sewer collection services. www.crosdcagov Costa Mesa Sanitaq District March 8, 2007 AGENDA Page 4 RECOMMENDED ACTION 7. Consider Participation of CR &R in Recycling Committee Consider IX. ENGINEER'S REPORTS A. General Waste Discharge Requirements (GWDR) Update X. TREASURER'S REPORTS A. Investment Oversight Committee — March 8, 2007 — 5:15 p.m. Accept Report (Directors Ferryman and Monahan) B. Update on Variable Container Charge Program Accept Report C. Residual Equity Transfer from Sewer Construction Fund Approve Transfer XI. ATTORNEY'S REPORTS A. Authorize Penal Code 853.6 Training for Assistant Manager of District to Consider & Authorize Provide Citation Back Up B. Public Records Act Request for Sewer Line and Pump Station Adjourn to Closed Maintenance and Service Records (Possible need for closed session Session or Schedule • Pursuant to Government Code 54956.9(a)) Special Meeting C. Astin v. CMSD (Sup. Court Case No. 06CC05755) Status Report Coverage and (Possible need for closed session Pursuant to Government Code 54956.9(a)) Defense Status Report D. Fees and Funds — State Requirements for Fee Categories Accept Report and Direction from Board E. Resolution No. 2007 -733 Ordering that Publication of Ordinance Approve No. 57, Regarding Trash Containers, has Occurred XII. LOCAL MEETINGS (Includes Reports by all Directors Representing CMSD) A. Orange County Sanitation District (OCSD) 1. Meeting Held February 28, 2007 (Director Ferryman) Accept Report B. Santa Ana River Flood Protection Agency (SARFPA) Next Meeting Scheduled for March 22, 2007 C. Independent Special Districts of Orange County (ISDOC) Accept Report (Director Schafer) 1. Quarterly Meeting — Thursday, March 29, 2007 Consider Attendance D. Local Agency Formation Commission (LAFCO) Accept Report (Director Schafer) Protecting our community's health by providing solid waste and sewer collection services. wunv.crosdcagov Costa Mesa SanitaYVV District AGENDA n U E. California Special Districts Association (CSDA) (Director Schafer) 1. Director Workshop — March 1 -2, 2007, Ontario (Director Ooten) F. California Association of Sanitation Agencies (CASA) G. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 XIII. OLD BUSINESS XIV. NEW BUSINESS A. County of Orange Billing for Registrar of Voters Services Related to November 7, 2006 General Election B. Chamber of Commerce Annual Membership Investment 4/1/07 to 4/1/08 XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 01. ADJOURNMENT • March 8, 2007 Page 5 RECOMMENDED ACTION Accept Report Accept Report Accept Report Report on Matters Pertaining to CMSD Authorize Payment of $44,652.04 Ratify Payment of $440.00 Protecting our community's health d y providing solid waste and sewer collection services. www.crosdcagov 1 -17 -07 We thank you for bringing our humble District Board members, Staff and public together to address the issues before us. We ask for your help 1. to give of ourselves in ways that maintain and improve our community; 2. to maintain our focus with determination, and with an appropriate sense of humor; 3. and, to fuel our work with vigor, stamina, and a hearty spirit. We also pray for the souls of our recently departed. For all of this, and for a few doses of good luck and grace, we thank you for your strength. In your Name, Amen. 2 -7 -07 Great and powerful creator we gather before you with respect for ourselves, our community and the tasks before us. We humbly ask for your guidance: 1. to give our best attention to the issues we are about to address; 2. to remain focused with determination and common sense in reaching our decisions; 3. and to keep the best interests of our community as our main goal. For this, mixed with an appropriate sense of humor, we thank you for your strength. In Your Name, Amen 3 -8 -07: Heavenly Father, We have significant tasks before us this evening. Tasks challenging our understandings and mental strength, and so We ask You to provide the enlightenment to enable us to make the right decisions for our community and our families. We solicit your warmth, kindness and generosity to shine on those protecting our nation and the principles guiding our group's intentions this evening. We Ask this in your name, Amen Key Words: Wisdom, inspiration, gifts of knowledge and decency We ask for your warmth and kindness to shine on those protecting our nation and the principles guiding our group's intentions this evening. • COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING February 5, 2007 The Costa Mesa Sanitary District Recycling Committee met at 12:00 p.m. at 628 W. 19th Street, Costa Mesa. Directors Present: Bob Ooten, Arlene Schafer Staff Present: Rob Harriers, Tom Fauth, Joan Revak Director Ooten called the meeting to order at 12:00 p.m. RECYCLING COMMITTEE GOALS FOR 2007/2008 The Committee reviewed the 2007/2008 recycling goals considered by the Board of Directors at the January 17, 2007 regular Board meeting and will recommend the Board formally approve these goals at the February 7, 2007 meeting. Director Ooten requested the addition of City of Costa Mesa Councilperson Katrina Foley to the list of guests to invite to a Recycling Committee meeting. Ms. Revak will invite Councilperson Foley to the March 5, 2007 meeting. TELEPHONE BOOK RECYCLING PROGRAM — NOVEMBER 13 THROUGH JANUARY 5, 2007 Ms. Revak presented a revised report for the 2006 Telephone Book Recycling Program as directed by the Board of Directors at the January 17, 2007 regular meeting. In addition to the Grand Prize Award to one school in each category, elementary, middle and high school for collecting the greatest # of lbs. per student, a Second Grand Prize in the amount of $350 will be awarded to Pomona School based on achieving 23 lbs. of books per student collected while finishing in second place. Additionally, a Special EffortAwardwill be given to schools that collected over 2 lbs. per student and have an enrollment of less than 400, bringing participation award to $400. The total amount of awards is $12,130. The Committee will request approval to make these awards from the Board of Directors at the February 7, 2007 regular meeting. Protecting our community's health by providing solid waste and sewer collection services. www.emsdca.gov Costa Mesa Sanitary District Minutes of Recycling Committee Meeting February 5, 2007 • Page 2 Ms. Revak also informed the Committee a check in the arnount of $250.00 was received from Connell Chevrolet as a sponsor of the program. Additionally, Ms. Revak apprised the Committee of her communication with AT &T representative Mr. James Troup who will submit a request to AT &T to make a contribution toward the cost of the flyers and posters associated with the 2006 program. Mr. Troup also offered to look into the possibility of an AT &T employee designing and printing the flyers and posters for the 2007 program at no cost to the District. E -WASTE EVENT — FEBRUARY 24, 2007 AT CITY CORPORATION YARD A second E -Waste collection event is scheduled for February 24, 2007 co- sponsored by the City of Costa Mesa. The Contractor for the one -day collection event is ARC International Corporation and there will be no cost to the District or the City. Mr. Fauth informed the Committee that ARC will provide 30,000 flyers with 18,000 going to local schools through the Newport - Mesa Unified School District. Local grocery stores will be contacted to request flyers be placed in grocery bags as customers check out. DISPOSAL OF ELECTRONIC WASTE THROUGH CR &R A letter from CR &R dated January 15, 2007 was received as a follow -up to their letter of November 7, 2006, explaining CR &R's new "Special Waste Division" start up for the collection and removal of hazardous wastes from residences within the Costa Mesa community. The Committee discussed the contents of the letter and will present it to the Board of Directors at the February 7, 2007 regular meeting. SOURCE REDUCTION Source Reduction is an ongoing goal of the Recycling Committee. The next Recycling Committee meeting will be held on Monday, March 5, 2007 at 12:00 p.m. The meeting was adjourned at 12:50 p.m. Secretary President Protecting our community's Health by providing solid waste and sewer collection services. www.emsdca.gov 0 is • I'�i COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on February 7, 2007, at 6:00 p.m. at 628 W. 19th Street, Costa Mesa. President Perry called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Director Ferryman led the Pledge of Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, Bob Ooten, James Ferryman, Gary Monahan, DIRECTORS ABSENT: None STAFF PRESENT: Robin B. Harriers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Marc Davis, Treasurer; Sherry Kallab, Accountant; Karl Dulake, Maintenance Supervisor; Debbie Bjornson, Permit Processing Specialist; Ron Shef, Ordinance Enforcement Officer OTHERS PRESENT: Mr. Dan Worthington, 2963 Mindanao Drive, Costa Mesa Mr. Allan Mansoor, Mayor of the City of Costa Mesa COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ' FEBRUARY 7, 2007 PAGE 2 . ............................... CONSENT CALENDAR . ............................... President Perry acknowledged the presence of Allan Mansoor, Mayor of the City of Costa Mesa. Mayor Mansoor acknowledged Costa Mesa Sanitary District Maintenance Supervisor Karl Dulake for his service to the City of Costa Mesa since 1979 in traffic operations, maintenance worker, street sweeper and as a member of the Sanitary District maintenance operations field crew before leaving the City for his present position as Maintenance Supervisor with the Costa Mesa Sanitary District. Mr. Mansoor presented Mr. Dulake with a plaque honoring his service to the City of Costa Mesa. Mr. Hamers expressed his appreciation to Mayor Mansoor for his outstanding job in serving the City of Costa Mesa. REPORTS Minutes of City /Districts Liaison Committee Meeting — January 12, 2007 Minutes of Recycling Committee Meeting — January 17, 2007 Minutes of Regular Meeting — January 17, 2007 Minutes of Special Meeting — January 22, 2007 MINUTE APPROVAL The Minutes of the City /Districts Liaison Committee Meeting of January 12, 2007, were approved as distributed. The Minutes of the Recycling Committee Meeting of January 17, 2007, were approved as distributed. The Minutes of the Regular Meeting of January 17, 2007, were approved as distributed. The Minutes of the Special Meeting of January 22, 2007, were approved as distributed. Minutes of Sewer Lateral The Minutes of the Sewer Lateral Sub - Committee Sub - Committee Meeting — Meeting of January 24, 2007, were approved as January 24, 2007 distributed. • • 0 COSTA MESA SANITARY DISTRICT L: MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ' FEBRUARY 7, 2007 PAGE 3 • Minutes of Special The Minutes of the Special Meeting of January 27, Meeting — January 27, 2007, were approved as distributed. 2007 MANAGER'S REPORTS REFUNDS There were no refunds for the month of January 2007. Occupancy Report and The Trash Occupancy Count documented an Payment of $195,312.14 increase of 6 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of February 1, 2007. February 2007 Therefore, the total for February is 21,333. Board directed Staff to prepare a warrant for $195,312.14 for February 2007 collection based on occupancy report. Said payment in the amount of $195,312.14 to Costa Mesa Disposal to be ratified on the March 2007 warrant register. Monthly Spill Report to The Monthly Spill Report to the State Water State Water Resources Resources Board for January 2007 was accepted Board as submitted. Additional Container The Additional Container Program Report showing Program Report 2,397 barrels as of February 7, 2007 was accepted as submitted. The total number of residents being billed for these 2,397 additional barrels is 1,959. Engineer's Reports Project Status Report The Project Status Report dated February 2007 was accepted as submitted. Treasurer's Reports Financial Report as of The Financial Report as of January 2007 was January 2007 accepted as submitted. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ' FEBRUARY 7, 2007 PAGE 4 Treasurer's Report as of The Treasurer's Report as of January 2007 was January 2007 accepted as submitted. Warrant 2007 -8 for Warrant Resolution #CMSD 2007 -8 was approved, January 2007 in the authorizing the President and Secretary to sign the amount of $613,334.69 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $613,334.69. Directors Expenses for the Director Compensation and Expense Month of January 2007 Reimbursements for the Month of January 2007 were approved and ratified as follows: President Perry: $1,020 Vice President Schafer $1,020 + $4.85 Director Ooten $1,020 + $125.55 Director Ferryman $850 Director Monahan $1,020 Is .......................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATIONS Ms. Revak reported congratulatory letters to Directors Schafer, Ooten and Monahan were received from City of Costa Mesa Mayor Allan R. Mansoor. Vice President Schafer reported congratulatory letters were also received by the newly - elected Directors from Councilperson Katrina Foley. PUBLIC COMMENTS Mr. Worthington expressed his desire to address the Board at a more appropriate time in the meeting. 40 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING u FEBRUARY 7, 2007 r- PAGE 5 • MANAGER'S REPORTS CMSD STRATEGIC PLAN YEAR 2007 -2008 STRATEGIC PLANNING WORKSHOP HELD JANUARY 26 & 27, 2007 YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS Year 2007/2008 Strategic Planning Action Items were presented. Director Monahan questioned Item Vlll. Beautification of the City which incorrectly states trash containers are required to be removed from view from the public streets by 5:00 p.m. on the day of collection. Per the District's Operations Code, the Strategic Planning Action Items will be corrected to midnight the day of collection. Vice President questioned Staff on whether the District has an Evacuation Plan. Mr. Fauth noted there is an evacuation plan posted in the halls upstairs and downstairs above the water fountain. Additionally, Mr. Fauth pointed out the CMSD Safety Manual contains language stating in the event of an emergency, all personnel will evacuate the building and assemble in the parking lot. Director Ferryman questioned Staff with regard to the District having an emergency plan and chain of command. Mr. Hamers stated the District has a Sewer System Management Plan which includes a chain of command. Director Monahan motioned to accept the Year 2007/2008 Strategic Planning Action Items subject to correction of Item Vlll — Beautification of the City. Director Schafer seconded the motion. Motion passed 5 -0. SEWER SYSTEM COMMITTEE (Formerly Sewer Lateral Sub - Committee) Mr. Hamers reported the Sewer Lateral Committee met on January 24, 2007 and Director Monahan volunteered to become the Committee Chairman. Attending Committee Directors and Staff agreed to rename the Committee the Sewer System Committee to better address all aspects of the District Sewer System including main lines, pump stations and laterals and not remain limited to the topics of sewer laterals, inspections and lateral insurance. Mr. Hamers noted that the Committee Directors are Ferryman, Ooten and Monahan. The next meeting will be held on Wednesday, February 21, 2007 at 10:30 a.m. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING .' FEBRUARY 7, 2007 PAGE 6 Seminar on Sewer Lateral Ownership Mr. Hamers reported on an upcoming Sewer System Education Seminar hosted by the Orange County Waste Discharge Requirements (WDR) Steering Committee, Presentation on Sewer Lateral Ownership, and being held on Thursday, March 15, 2007, 9:30 -11:30 a.m. at the Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley. DISTRICT YARD UPDATE Mr. Fauth reported on a communication from Doug Lofstrom, of the Orange County Fair & Exposition Center, relative to discussing with Becky Bailey - Findley CMSD entering into a long -term arrangement with the Fairgrounds to secure use of space in support of CMSD operations. Key issues facing the fairgrounds, specifically, master plan implementation, land use planning and the mission of an event center, are of concern. Mr. Lofstrom stated the OC Fair & Exposition Center is very willing to work with the CMSD on an interim basis for use of space until the District secures a permanent location, however, a long -term arrangement is more complex. Mr. Lofstrom stated he will contact the District in February to arrange a meeting between two CMSD Board members, himself and Ms. Bailey - Findley to review the District's request and to share their vision for future use of the Fair property. Mr. Fauth reported on a "Market Overview" of Costa Mesa provided by Don Gregg of Curtis & Associates. The report included information on two divergent development philosophies driving the real estate market in Costa Mesa; one being high density residential and the other a subdivision of large single ownership property into smaller owner - occupied condominium units. The prices for commercial and industrial zoned properties are stable and rising. The report included examples of industrial properties that are increasing in value. In summary, the report from Mr. Gregg stated reuse and redevelopment are reducing the number of potential industrial properties that meet CMSD requirements. Land values for industrial properties in Costa Mesa are not going to "soften" or decrease in value over the next six to twenty -four months. The challenge is finding a suitably located property for sale. Discussion ensued on the possibilities of several of the industrial properties for sale that could meet the needs of the CMSD. Properties on Logan Avenue in Costa Mesa were discussed and the Board requested Staff look into these properties as potential sites for the District to house its office headquarters as well as a District yard. • 0 STATUS OF CMSD WEBSITE COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 7 Mr. Fauth presented a chart of possible website vendors being evaluated by Staff and recommendations will be made at the March 8, 2007 regular meeting. NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE Update on Column Improvements, Painting, and Landscaping Mr. Fauth reported bids have been requested from local landscape contractors and the District is awaiting additional responses. Mr. Dulake reported the landscapers who responded recommended waiting until spring to begin planting. RECYCLING REPORTS WASTE DIVERSION REPORT - JANUARY 2007 Ms. Revak presented the Waste Diversion Reports for December 2006 showing a 50.43% diversion rate. Vice President Schafer motioned the Waste Diversion Report be received and filed. Director Monahan seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR JANUARY 2007 SERVICES Ms. Revak presented the Invoices for January 2007 recycling services and disposal. Vice President Schafer motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of January 2007 in the amount of $179,098.41. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten 10 Noes: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r FEBRUARY 7, 2007 PAGE 8 Ll Director Monahan motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of January 2007 in the amount of $5,374.49. Vice President Schafer seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None Sewer Lateral Insurance Attorney Alan Burns introduced the subject of an insurance program available through American Water Resources, Inc. at a cost of $9.00 per month covering repairs to the lateral up to $4,000 after a $50 service call fee is paid. Mr. Burns noted there are many exclusions in the form contract and American Water indicated there would be negotiation over the terms. The Company would expect the District to collect the fee and apparently remit the money to them. The Company is awaiting final approval for their California insurance license. ORDINANCE ENFORCEMENT OFFICERS REPORT Mr. Shef presented the Ordinance Enforcement Officer's Report for the month of January 2007, the first since returning to duties of the District on December 12, 2006. During the month of January, the Officer's hours were increased to approximately 75% of previous usage. All previous complaints were investigated and no backlog exists. Mr. Shef reported minimal negative impact occurred while he was out on surgical leave. Director Ferryman raised the issue of having an alternate or back -up Enforcement Officer. Mr. Shef related his confidence in being able to continue to do the job without the necessity of back -up and stated he would be the first to inform the District should he be unable to perform at a satisfactory level. The Board directed Mr. Shef to document the functions of his position and a succession plan should he be unable to perform the duties required. Former CMSD Director Dan Worthington asked to be recognized to report on a situation at 3013 Royal Palm Drive. The owner of the property', Ms. Mary Berg, is a low income and less fortunate resident of Costa Mesa. Mr. Worthington reported on the unhealthy and unkempt property documented with photos. CR &R has assisted by providing dumpster service for volunteers to attempt to clean up the property. There was much discussion on the situation. The property apparently does not have working sewer service and is in an almost uninhabitable condition. The Board t COSTA MESA SANITARY DISTRICT Y I MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 9 is discussed the situation and suggestions were offered such as advising the County Health Department. Mr. Worthington informed the Board the City of Costa Mesa is aware of the unhealthy state of the property. Staff will send CR &R a letter of appreciation of their humanitarian support to this resident. Mr. Worthington requested the District continue making bins available from CR &R. UPDATE ON MONITOR VIDEO Mr. Fauth reported the script for the video was reviewed and the last revisions are being made. RECYCLING COMMITTEE — MONDAY, FEBRUARY 7, 2007 —12:00 P.M., CMSD BOARDROOM, 628 W. 19T" STREET, COSTA MESA RECYCLING COMMITTEE GOALS FOR 2005/2006 AND 2007/2008 Director Ooten reported the Recycling Committee reviewed the 2007/2008 recycling goals and requested approval by the Board of Directors Director Ferryman motioned to approve the 2007/2008 Recycling Committee Goals. Motion seconded by Director Monahan. Motion passed 5 -0. The Committee recommends adding City of Costa Mesa Councilperson Katrina Foley to the list of guests to invite to a Recycling Committee meeting. TELEPHONE BOOK RECYCLING PROGRAM - NOVEMBER 13 THROUGH DECEMBER 29, 2006 Ms. Revak presented a revised report on the School Telephone Book Recycling Program. A total of 10,334 books (20.67 tons) were collected with twenty -seven schools participating in the program. As directed by the Board of Directors, a grand prize award is presented to one school in each category, elementary, middle and high school, with awards going to Kline Elementary, Costa Mesa H. S. (7th & 8th) and Estancia High School, respectively. A second grand prize will be awarded to Pomona School based on achieving 23 lbs. of books per student collected while finishing in second place. A special effort award will be given to schools collecting over 2 lbs. per student with an enrollment of less than 400. Award amount brings participation award to $400.00 If approved by the Board, awards totaling $12,130.00 will be distributed to the schools and a schedule of presentation dates is forthcoming. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a FEBRUARY 7, 2007 PAGE 10 The District received a check in the amount of $250.00 from Connell Chevrolet as sponsorship for the recycling program. Additionally, Ms. Revak reported AT &T will consider contributing to the cost of the flyers and posters and in the 2007 program AT &T offered to work with District Staff in designing and printing the flyers at no cost to the CMSD. Vice President Schafer motioned to approve the awards to the schools totaling $12,130.00. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None E -WASTE EVENT — FEBRUARY 24, 2007 AT CITY CORPORATION YARD Director Ooten reported the second E -Waste sponsored by the City of Costa Mesa and the CMSD will be held on February 24, 2007 at the City Corporation Yard. The event contractor is ARC International Corporation and they will provide flyers for distribution in Costa Mesa including 17,000 flyers to be distributed to local schools through the Newport -Mesa Unified School District. Ten thousand flyers will be shipped to 13 retailers who have agreed to distribute flyers, such as grocery stores, Sears and Fry's Electronics. The flyer was distributed with the Chamber of Commerce newsletter and flyers will be distributed at the Orange Coast College Recycling Center DISPOSAL OF ELECTRONIC AND UNIVERSAL WASTES THROUGH CR &R Director Ooten reported a proposal letter from CR &R was received explaining CR &R's new "Special Waste Division" start up for the collection and removal of hazardous wastes from residences within the Costa Mesa community. SOURCE REDUCTION Director Ooten reported source reduction is an ongoing goal of the Recycling Committee and educating the citizens on source reduction will be a major focus of the Committee. 0 • • l� • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 11 ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS - (WDR) GENERAL UPDATE Mr. Hamers reported the Orange County Sanitation District will host a seminar on sewer laterals with representatives from City of Newport Beach, Santa Ana, and Fullerton speaking on maintaining sewer laterals in the public right -of -way. The seminar will be held March 15, 2007, from 9:30 a.m. to 11:30 a.m. A flyer will be distributed to managers and council persons of all agencies. Mr. Hamers encouraged attendance at the seminar. 330 W. BAY STREET; TRACT NO. 16694; CONSTRUCTION OF CMSD SEWER Mr. Hamers reported Richmond American is the developer of a residential project at 330 West Bay Street and constructed sewer improvements to be dedicated to the Costa Mesa Sanitary District. The sewer lines being dedicated to the District are located in the streets and alleys adjoining the single family homes and town homes in the development. Mr. Hamers advised that in accordance with District requirements, the sewer plans were reviewed by the District Engineer to ensure conformity with District standards, the plan check and inspection fees were paid by the developer and bonds guaranteeing construction were posted by the developer. Further, Richmond American also paid the `new development' charge for two new 60 gallon standardized trash containers for each residence. In addition to Richmond American granting the private street areas as easements for the sewer lines, the private streets were also dedicated to the District for trash collection vehicle access. Mr. Hamers stated construction of the sewer lines is complete and the CMSD Inspector and District Engineer are satisfied that the sewer system is ready for acceptance by the Board of Directors and recommended the Board accept the sewer improvements as constructed and file a Notice of Completion with the Orange County Recorder, accept the easement as dedicated and sign and record the Easement Grant Deed; exonerate the Labor and Material Bond 35 days after the date of recording of the Notice of Completion; exonerate the Faithful Performance Bond one year after the date of recording of the Notice of Completion. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ' FEBRUARY 7, 2007 PAGE 12 Director Ooten motioned to accept the sewer improvements as constructed and file a Notice of Completion with the Orange County Recorder; accept the easement as dedicated and sign and record the Easement Grant Deed; exonerate the Labor and Material Bond 35 days after the date of recording of the Notice of Completion; exonerate the Faithful Performance Bond one year after the date of recording of the Notice of Completion. The motion was seconded by Vice President Schafer. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None 2501 HARBOR BLVD; TRACT NO. 16937; CONSTRUCTION OF CMSD SEWER Mr. Hamers reported Richmond American is the developer of the residential project at the west corner of Harbor Blvd. and Fair Drive and constructed sewer improvements to be dedicated to the Costa Mesa Sanitary District. The sewer lines being dedicated to the District are located in the streets and alleys adjoining the single family homes and town homes in the development. Mr. Hamers advised that in accordance with District requirements, the sewer plans were reviewed by the District Engineer to ensure conformity with District standards, the plan check and inspection fees were paid by the developer and bonds guaranteeing construction were posted by the developer. Further, Richmond American also paid the `new development' charge for two new 60 gallon standardized trash containers for each residence. In addition to Richmond American granting the private street areas as easements for the sewer lines, the private streets were also dedicated to the District for trash collection vehicle access. Mr. Hamers stated construction of the sewer lines is complete and the CMSD Inspector and District Engineer are satisfied that the sewer system is ready for acceptance by the Board of Directors and recommended the Board accept the sewer improvements as constructed and file a Notice of Completion with the Orange County Recorder; accept the easement as dedicated and ;sign and record the Easement Grant Deed; exonerate the Labor and Material Bond 35 days after the date of recording of the Notice of Completion; exonerate the Faithful Performance Bond one year after the date of recording of the Notice of Completion. 0 i • 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 13 Director Ooten motioned to accept the sewer improvements as constructed and file a Notice of Completion with the Orange County Recorder; accept the easement as dedicated and sign and record the Easement Grant Deed; exonerate the Labor and Material Bond 35 days after the date of recording of the Notice of Completion; exonerate the Faithful Performance Bond one year after the date of recording of the Notice of Completion. The motion was seconded by Director Monahan. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None PROJECT NO. 181 — NEWPORT BLVD. SEWER AT 19TH' STREET BID OPENING Mr. Hamers advised the Board the following bids were opened at the February 1, 2007 bid opening for Project No. 181: 1. Nikola Corporation 2. GCI Construction 3. Zondiros Corporation 4. Mike Prlich & Sons, Inc. 5. Lonerock, Inc. 6. Palp. Inc. (Excel Paving) 7. Atlas- Allied, Inc. 8. Vadnais Corporation $ 210,485 '` Low Bid $ 233,330 $ 250,975 $ 269,950 $ 277,175 $ 286,707 $ 299,450 $ 327,550 District Staff requested construction bids from Schedule A (Newport Blvd. at 19th Street) and m the above contractors including Schedule B (Placentia Avenue at 18 Street). The construction bids shown abov e Schedule B. All bids were reviewed by District responsive bid in conformance with prevailing construction bids were reviewed and compared to ensure the bids are reasonable, cost effective, an standard construction rates. include Schedule A and staff to ensure the lowest construction prices. All the engineer's estimate to d competitive compared to The FY 2006 -2007 project budget is $325,000. The project's expenses total $310,485 including design ($25,000), construction per above low bid ($210,485), inspection ($25,000), and contingency ($25,000). COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING Y ` FEBRUARY 7, 2007 PAGE 14 The Manager /District Engineer recommends that the Board of Directors award a construction contract for this project to Nikola Corporation in the amount of $210,485 dollars as the lowest responsive and responsible bidder. Director Ooten motioned to award a construction contract for Project #181 to Nikola Corporation in the amount of $210,485.00 as the lowest responsive and responsible bidder. Vice President Schafer seconded the motion. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None PROPOSAL TO PROVIDE INSPECTION SERVICES A proposal to have Mr. Hamers provide the necessary construction administration, engineering, construction surveying and inspection services during the construction phase of Project 181 was presented. Mr. Harriers provided copies of the project reports as described in the CMSD Capital Improvement Program as well as the independent engineer's report. Mr. Harriers proposed to provide the following services, as needed, during the construction phase of the project, not to exceed $25,000.00: Engineering $80.00 /hour Inspection $55.00 /hour Surveying (2 man crew) $220.00 /hour Director Monahan motioned to accept the proposal for engineering, inspection and surveying services as needed during the construction phase of Project #181, not to exceed $25,000.00 at the rates of $80.00 /hour for engineering; $55.00 /hour for inspection and $220.00 /hour for surveying by a 2 man crew. Director Ooten seconded the motion. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None • • • • E COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ` FEBRUARY 7, 2007 r =. PAGE 15 TREASURER'S REPORTS PRELIMINARY BUDGET CALENDAR FOR FISCAL YEAR 2007 -08 Mr. Davis presented a preliminary budget calendar for Fiscal Year 2007 -08 and informed the Board Staff will be working on different aspects of the budget until the May Study Session and will update the Board as necessary. BUDGET ADJUSTMENT FOR TELEPHONE BOOK RECYCLING PROGRAM Mr. Davis acknowledged the $15,000 budget amount approved in June 2006 for the telephone book recycling program for fiscal year 2006 -07. At the January 17, 2007 Board meeting the Board discussed the manner in which awards were determined for the participating schools and requested Staff to calculate an additional award for outstanding performance by Pomona School and to add additional incentive awards. The total award amount calculated by Staff is $12,130 and, coupled with the other costs of the program, brings the total cost of the program to approximately $16,000 thereby necessitating a budget adjustment to cover the additional costs. Mr. Davis stated adequate funds are available from contingency within the Solid Waste Fund. Director Ferryman motioned to approve a budget adjustment in the amount of $1,000 to cover additional costs related to the telephone book recycling program for fiscal year 2006 -07. Director Monahan seconded. Motion carried as follows: Ayes Perry, Schafer, Monahan, Ferryman, Ooten Noes: None ATTORNEY'S REPORT PUBLIC RECORDS ACT REQUEST FOR SEWER LINE AND PUMP STATION MAINTENANCE AND SERVICE (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A)) The Board will continue discussion at a Special Meeting on February 15, 2007 at 6:00 p.m. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 16 ASTIN LOCKE V. CMSD SUP. COURT CASE NO. 06CCO575 TAT 5 STATUS REPORT (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A Attorney Burns recommended this item be addressed at the end of the meeting. FEES AND FUNDS — STATE REQUIREMENTS FOR FEE CATEGORIES Mr. Burns presented an overview of how the District finances its sewer operations with three different fees /charges: 1) Annual charges that are approved after the CMSD annual rate setting meeting for the year and imposed on the assessment roll and collected in semiannual installments; 2) User fees such as inspection fees that cover the direct cost of providing a service; 3) Fixture fees that are imposed upon development/remodeling and are a one -time charge based on fixtures to be connected to the sewer system. After a discussion regarding the various charges, Mr. Burns recommended the District clarify what its charges are for and should ensure it is keeping adequate records and accounting of the uses of said funds. Mr. Burns also recommended the Board consider the options that will be presented at an upcoming meeting where the Sewer System Financial Master Plan will be addressed. • ATTORNEY GENERAL OPINES THAT STAFF DISCUSSIONS WITH TRASH HAULER NOT SUBJECT TO BROWN ACT; BOARD DETERMINATIONS REGARDING THE TRASH FRANCHISE ARE SUBJECT TO THE BROWN ACT (89 OPS.CAL. ATY.GEN 241) Mr. Burns reported the Attorney General was requested to answer questions about how government agencies award franchise contracts to solid waste haulers. The Attorney General noted that local agencies have broad powers under the Integrated Waste Management Act to grant franchises, with or without competitive bidding, or to undertake collection itself. He also found that a County could award an exclusive franchise in designated service areas and were authorized to set maximum rates for collection services in those areas. Further, the Attorney General noted the public had no right to advance notice and public participation in discussions between staff and the prospective franchisee. Staff is not within the definition of "legislative body" that is subject to the Brown Act. However, the public is entitled to advance notice and the right to participate before the Board makes a decision to award a franchise. The Board is obviously a legislative body under the Brown Act and its deliberations and determinations regarding the types of decisions that must be COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ° FEBRUARY 7, 2007 PAGE 17 made in public. No exception to the Brown Act would allow such a decision to be discussed in closed session. Finally, the Attorney General noted the Brown Act requires advance notice of agendas for discussion and the public is allowed to participate in the decision by presenting testimony on the matter before action is taken. Mr. Burns noted none of these conclusions are provocative; the fact that the Attorney General was asked to render his opinion on the subject shows that in some agencies, there is still an uncertainty about the laws. EMPLOYER MUST OBTAIN PROSECUTOR'S CONSENT BEFORE EMPLOYEE CAN BE ORDERED TO COOPERATE IN AN INVESTIGATION THAT MAY INVOLVE CRIMINAL CONDUCT (SPIELBAUER V. SANTA CLARA) Mr. Burns reported the Sixth District Court of Appeal, in Spielbauer v. Santa Clara, held that a public employee cannot be compelled to give statements in a disciplinary investigation unless he has immunity from criminal prosecution. Spielbauer was ordered to cooperate in the investigation and advised that if he did not answer, he could be fired for insubordination. Mr. Burns stated the issue for the court was whether a supervisor of a public employee could confer immunity by ordering the employee to answer, and by advising that if he did, the statement could not be used against him in a criminal prosecution against him. The Court said that such a rule would unfairly limit prosecutors from enforcing criminal laws, without any notice of the deal made. The Court, therefore, found that before such immunity can be obtained, it must be obtained by involving the prosecuting attorney by noticed proceeding. The insubordination charge was overturned because the county could not offer immunity that would be sustained so Spielbauer could not be disciplined for insubordination. Mr. Burns concluded, unless this case is overruled by the California Supreme Court, this case provides authority for the following: 1) No public employee can be compelled to give a statement in which the activity may involve a crime if it would violate that person's Fifth Amendment rights not to self- incriminate, unless immunity is given. 2) Immunity is not effective unless the prosecution is part of the decision. 3) Unless such immunity has been secured, an employee need not give statements in an investigation that has a possibility of criminal implications and cannot be terminated for insubordination for failing to provide answers to a superior or for not cooperating in an investigation. Mr. Burns stated this case now suggested that we add a procedure that will involve the local prosecutor whenever an employee's wrongdoing might also be a crime. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 18 LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) — JANUARY 24, 2007 (DIRECTOR FERRYMAN) Director Ferryman attended the January 24, 2007 OCSD meeting and reported the following: ❑ OCSD annexed 64 acres of Lemon Heights ❑ Settled lawsuit with contractor in the City of Tustin ❑ New member orientation was held ❑ Director Ferryman is going to China on April 20, 2007 with Steve Anderson SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (PRESIDENT PERRY President Perry attended the meeting for the Santa Ana River Flood Protection Agency on January 25, 2007 and reported on potential changes in Executive Committee membership. Don Martinson announced the resignation of Bill Zaun as an Alternate to Supervisor Bill Campbell, the representative of the Orange County Flood Control Distract and that it was his understanding that action is being taken to appoint Herb Nakasone as a replacement to Bill Zaun. Jim Wahner is being reappointed as an alternate to Supervisor John Moorlach, the County of Orange representative. Herb Nakasone was appointed to the Executive Committee President Perry reported Orange County is receiving significant payments in accordance with the large backlog of payment requests from the Flood Control Subvention program The Prado Dam construction contract is scheduled for completion in December 2008. All construction repairs have been completed at Seven Oaks Dam and the dam is fully operational for flood control purposes. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ;u FEBRUARY 7, 2007 PAGE 19 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ISDOC VICE PRESIDENT SCHAFER) Vice President Schafer attended the January 9, 2007 Executive Board meeting and reported the following: ❑ Quarterly meeting will be held on March 29, 2007 and will feature an emergency training program on Homeland Security and everyone attending will receive a certificate. This will be a "free" lunch meeting. ❑ Vice President Schafer provided reports on CSDA ❑ There were no topics of particular interest to the CMSD LOCAL AGENCY FORMATION COMMISSION (LAFCO) (VICE PRESIDENT SCHAFER Vice President Schafer reported the following: ❑ Hearing was held on Rossmoor and Los Alamitos Sphere of Influence with residents desiring Rossmoor to become incorporated. LAFCO placed Rossmoor and Los Alamitos in the same sphere of influence. ❑ LAFCO Strategic Planning session was held on January 26, 2007. ❑ Vice President Schafer provided reports on CSDA CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (VICE PRESIDENT SCHAFER Vice President Schafer will be attending meetings in Sacramento on February 15 and 16, 2007. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Director Ooten attended the CASA Mid -Year Conference, January 17 -20 at Indian Wells which focused on the dynamic changes in the state and federal legislative forums as well as issues facing the wastewater community on regulatory and legal fronts. Discussion was held on the impact of GASB 45 and future financial reporting requirements of agencies. Eminent Domain and the impact of Proposition 90 was another topic as well as what local government may be facing with the new legislative session. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 7, 2007 PAGE 20 OTHER MEETINGS (QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030 WACO Vice President Schafer attended the January 5, 2007 meeting and reported on that meeting at the January 7, 2007 regular meeting. CHAMBER OF COMMERCE Directors Ferryman and Monahan will give a presentation to the Chamber on Thursday, February 8, 2007 on the subject of sewer laterals. OLD BUSINESS There was no Old Business presented. NEW BUSINESS There was no New Business presented. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Is There were no oral communications or Director Comments. ADJOURNMENT At 8:25 p.m., President Perry recessed the meeting to closed session, pursuant to Government Code 54956.9(a). Closed session convened at 8:26 p.m. ASTIN, LOCKE V CMSD (SUP COURT CASE NO. 06CC05755) STATUS REPORT (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(A) The regular meeting reconvened at 8:34 p.m. No action was taken in the closed session. President Perry adjourned the meeting at 8:35 p.m. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING 4 FEBRUARY 7, 2007 PAGE 21 • SECRETARY • PRESIDENT • �a ,)dwivSt � .. a� �{•:� �x A. `fib i ""a'r: in �3 • • ! �` 1 • The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on February 15, 2007 at 6:00 p.m., at District Headquarters, 628 W. 19th Street, Costa Mesa. Directors Present: Art Perry, Bob Ooten, Jim Ferryman, Gary Monahan Directors Absent: Arlene Schafer Staff Present: Robin Harriers, Manager /District Engineer; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Debbie Bjornson, Permit Processing Specialist; Alan Burns, Legal Counsel Others Present: None The Special Meeting was called to order by President Perry at 6:00 p.m. PUBLIC COMMENTS No members of the public were present. II. BOARD MEMBER TRAINING President Perry advised of the need to discuss a non - agenda item that arose after the Agenda was posted because the Board was not aware Director Ooten desired to attend a CSDA Conference on Board Member Training being held outside of Orange County and Board approval is required. Director Monahan moved to discuss the non - agenda item because the need arose after the agenda was posted and there was a need to take immediate action. Director Ferryman seconded the motion. Motion carried 4 -0. Director Ooten expressed his desire to attend a CSDA Conference on Board Member Training being held in Ontario on March 1 -2, 2007. Director Ferryman moved to approve Director Ooten's attendance at the CSDA Conference on March 1 -2, 2007. Director Monahan seconded. Motion carried 4 -0. III. Closed Session Minutes of Special Meeting January 27, 2007 • Page 2 At 6:10 p.m. the meeting adjourned to Closed Session. Conference with Legal Counsel — Anticipated Litigation To Discuss Possible Initiation of Litigation Pursuant to Government Code 4956.9(c) — One Case IV. At 7:40 p.m. President Perry adjourned to Open Session No action was taken in Closed Session. President Perry adjourned the meeting at 7:41 p.m. Secretary President L� • COSTA MESA SANITARY DISTRICT MINUTES OF SEWER SYSTEM COMMITTEE MEETING FEBRUARY 21, 2007 CALL TO ORDER Four Board of Directors of the Costa Mesa Sanitary District met in Committee session on February 21, 2007, at 10:30 a.m. at 628 W. 19th Street, Costa Mesa. Director Monahan called the meeting to order at 10:30 a.m. 0 DIRECTORS PRESENT: Jim Ferryman, Gary Monahan, Bob Ooten, Art Perry DIRECTORS ABSENT: Arlene Schafer STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Thomas A. Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; OTHERS PRESENT: Karl Dulake, Maintenance Supervisor; Debbie Bjornson, Permits Processing Specialist; Paul Guzman, Inspector; RISK ASSESSMENT /NEEDS ANALYSIS Attending Committee Directors and Staff agreed to expand the Sewer System Committee goals to include risk assessment and sewer system needs analysis to address all aspects of the District Sewer System including sewer system failures and Sanitary Sewer Overflows (SSOs) in general which potentially could open the District to legal proceedings. The Committee further agreed to add all Strategic Plan Section V Goals to the Committee's goals. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY 21, 2007 PAGE 2 SEWER LATERAL LEGISLATION AND ISSUES Mr. Fauth summarized the January 2007 California Association of Sanitation Agencies (CASA) Mid -Year Report concerning "Private Sewer Lateral Legislation." During the November 28, 2006 meeting, the CASA State Legislative Committee decided more information was needed prior to pursuing a California statewide sewage lateral inspection program. The Committee raised the following issues: a. Does the definition of lateral mean the entire lateral or only the upper lateral? b. Agencies without I &I oppose a mandatory requirement. c. Would inspections be required on houses less than 10 years new? d. With anticipated strong opposition from realtors, escrow agents and title companies, what organizations could CASA count on for support? e. How does CASA respond to the "one size fits all" argument? Discussions led to the conclusion a California State law would either supersede or be in conjunction with a CMSD ordinance. Director Ferryman suggested CMSD should encourage CASA to address CMSD guidelines if and when CMSD generates such an ordinance. Director Ferryman recommended CMSD draft a letter to CASA now and . noted CMSD is on hold regarding any lateral inspection ordinance. Mr. Fauth suggested updating the realtors and property managers with the latest legislation and District information. Director Monahan drafted a letter for Mr. Fauth to send to the realtors with a self- addressed /stamped envelope encouraging a response and set a tentative meeting date in the November 2007 time - frame. Director Ooten recommended including a copy of the CASA Report in the letter to the realtors. Mr. Fauth reviewed the available 2001 — 2004 SSO statistics for the California Counties of Orange, Riverside and San Diego to help identify how the CMSD measures up in the number of SSOs -per- hundred -miles of main sewer lines and the volume (number of gallons) spilled per year. From 1999 through May 2005, CMSD documents the following for all District lines size 4 inches through 30 inches: # Public Spills Per 100 Miles Sewer Line 3.91 # Private Spills Per 100 Miles Sewer Line 1.37 Total Spills Per 100 Miles Sewer Line 5.28 Mr. Fauth will revise the statistics to reflect the SSOs since May 2005. Specific local city SSO information was not available from the Santa Ana Regional Water Quality Control Board. Mr. Fauth will call the local cities of Garden Grove, Huntington Beach, Newport Beach, Fountain Valley and Santa Ana to obtain SSO statistics. Mr. Fauth distributed the list of local plumbers, reviewed the list of plumbers providing CCTV services and associated costs, and presented a list of 14 local plumbers providing trenchless sewer replacement services. Mr. Hamers assured the Committee C &R Drains is well qualified e t s COSTA MESA SANITARY DISTRICT k> ; MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY21, 2007 PAGE 3 and presents the best possible customer service as C &R Drains is the District's first responder in after -hours SSO emergencies. Mr. Fauth verified the August 2006 CMSD Assessment submission documented a total of 24,870 parcels within the District. Staff estimates there are approximately 25,440 laterals within the District and Staff will verify this count. Mr. Hamers believes this number is too low given there are 110 miles of 4 -inch and 6 -inch sewer lines within the District. Director Ooten stated OCSD has great concern about the number of parcels and has two Full -Time employees dedicated to validating parcels. Mr. Hamers presented the specific example of 1934 Flamingo as he revisited the City of Costa Mesa's position on tree roots in sewer lateral lines. Mr. Hamers reviewed the City of Costa Mesa's policy on sewer lateral damage caused by City tree roots and the District's policy on main line blockages caused by City tree roots. The District approach is to encourage the resident to file a claim with the City of Costa Mesa, document the repairs with photographs and file in small claims court if the City of Costa Mesa rejects the claim. Director Monahan added the City of Costa Mesa rejects every claim the first time it is submitted to "filter out the nuisance claims." Director Monahan recommended inviting the City of Costa Mesa to the scheduled March 15, 2007 OCSD "Presentation on Sewer Lateral Ownership" and stated the information gained from the presentation should assist in bringing in the City of Costa Mesa to support citizen's claims for City trees damaging laterals. Mr. Fauth will draft a letter for President Perry to send to the City of Costa Mesa including the Mayor, Public Services and Risk Management. Mr. Hamers reiterated the City position is to force the citizen to 1) make a claim, 2) dig up the damaged lateral, 3) document the process with pictures, 4) take the City to Small Claims Court, and 5) maybe finally have a resolution once the City is willing to talk just prior to going to Court. DISTRICT WELCOME PACKAGE Mr. Fauth showed the variety of items that might be included in a District Welcome Package. The Committee reached a consensus to tailor the package to a concise item or set of items including the latest newsletter, Household Hazardous Waste information and the CMSD Trash Collection Policy and pricing. These items also could be placed on the City of Costa Mesa Chamber of Commerce visitor display and potentially with the 'Welcome Wagon" coupons. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY ZI, 2007 PAGE 4 EMERGENCY RESPONSE REQUIREMENTS Mr. Fauth outlined the minimum District Yard requirements to respond to SSO emergencies as follows: a. Location: Centralized District location for equalized response; b. Lot Size: 10,000 to 12,000 sq ft for outside storage and parking; c. Building Size: 3,000 to 5,000 sq ft for office, hoist repairs and storage; Several locations were identified as potential sites Staff will review including checking with Caltrans, "excess" school properties and to continue cold calling. Acquisition of an industrial property in the $1- to -$1.5 million range has been unsuccessful due to undersupply and over pricing. Staff will work with the Treasurer to develop various scenarios including purchase of a larger facility and leasing out the excess as well as potentially co- locating the current Headquarters with a District Yard. WESTSIDE PUMP STATION ABANDONMENT An environmental analysis or environmental impact report is needed to assess the feasibility of replacing six west side pump stations with a gravity sewer line. Director Ferryman scheduled a meeting with Orange County Sanitation District Director Jim Ruth for March 3, 2007 to revisit the options in this environmentally sensitive area. Mr. Guzman presented several success stories when lateral lines are properly maintained and SSOs are prevented. CLOSURE The next meeting was scheduled for March 21, 2007 at 10:30 a.m. ADJOURNMENT Chairman Monahan adjourned the meeting at 12:20 p.m. SECRETARY PRESIDENT • PROJECT STA'T'US REPORT" March 2007 ®R 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 1112100-129 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 has been signed by the Sanitary District and is at the OCDA for approval. Project 1112100-135 Reconstructing Force Main for Elden Pumping Station (Phase II) 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. Proiect 1112100 -168 Irvine 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 Irvine Pump Station Force Main Rehabilitation - Phase I • The design phase is continuing. Project 1112100-173 South Coast Plaza Pump Station Force Main Replacement 0 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. Project 1112100 -176 WDR Grease Control Program Phase III The project was awarded to EEC at the January 2006 regular meeting. Proiect 1112100-181 Sewer Replacement Project Newport Boulevard at 19th Street Bid Opening was January 31, 2007 and the project was awarded to Nikola Corporation at the February 7, 2007 Board of Directors meeting. 0 • Protecting our community's health by providing solid waste and sewer collection services. crosdnagov • TO: Costa Mesa Sanitary District Board of Directors FROM: Ron Shef, Ordinance Enforcement Officer DATE: February 28, 2007 SUBJECT: ORDINANCE ENFORCEMENT SUMMARY REPORT This report covers the monthly period of February 2007. There were no major holidays this month to influence a collection schedule change. Normal collections, Monday though Friday were maintained. Courtesy notices were distributed to those residents selected from telephone complaints and visual monitoring and patrol. Complaints received by District staff were forwarded to the Ordinance Enforcement Officer. After the Ordinance Enforcement Officer investigated said complaints, results were reported to staff for updating. These complaints are also rechecked after several weeks in order to verify compliance of those residents. Typically most complaints are investigated with action taken within one to two days of receipt. Over spraying of graffiti covered containers was recently assumed by the trash hauler, although when observed during District patrol, the Ordinance Enforcement Officer will if time and occurrence permits, spray those containers sighted. Photos are also taken when documentation is deemed necessary for file maintenance. It should be noted that excess trash through use of trash bags and cardboard boxes, are still being placed next to or on top of the containers for collection. The same holds true for bags of recyclables newspapers, which should be placed inside the containers with other recyclable items. 4 Can tiat-tY %2 ENO-