Minutes - Board - 2010-11-18•
•
. COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
. NOVEMBER 18, 2010
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
November 18, 2010 at 5:30 p.m. at 628 W.
19th Street, Costa Mesa.
PLEDGE OF Director Ferryman led the Pledge of
ALLEGIANCE Allegiance.
INVOCATION Mr. Fauth gave the invocation.
ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Robert Ooten, Gary
Monahan, Art Perry
DIRECTORS ABSENT: James Ferryman was absent and excused.
STAFF PRESENT: Scott Carroll, General Manager; Joan Revak,
Office Manager /Clerk of the District; Robin B.
Hamers, District Engineer; Alan Burns, Legal
Counsel; Sherry Kallab, Administrative
Manager; Tom Fauth, Operations Manager;
Marc Davis, Treasurer
OTHERS PRESENT Mike Scheafer
Director - Elect, CMSD
Gina Fauth
1079 Visalia Drive
Costa Mesa
• Scott Williams
3465 Santa Clara Circle
Costa Mesa
U
•
COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
ANNOUNCEMENT OF LATE COMMUNICATIONS
Ms. Revak reported there were no late communications.
CONSENT CALENDAR
REPORTS
MINUTE APPROVAL
Minutes, of Sewer System Committee
Meeting — October 19, 2010
PAGE 2
The Minutes of the Sewer System Committee
Meeting of October 19, 2010 were approved
as distributed.
Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee
— October 25, 2010 Meeting of October 25, 2010 were approved
as distributed.
Minutes of Regular Board Meeting —
October 26, 2010
Refunds
Occupancy Report and Payment of
$196,987.58 to Costa Mesa Disposal —
October 2010
Monthly Spill Report to State Water
Resources Control Board
The Minutes of the Regular Board Meeting of
October 26, 2010 were approved.
There were no refund requests for the
month of October 2010.
The Trash Occupancy Count documented
no increase for the occupancy report for
solid waste collection as of November 1,
2010. Therefore, the total for October is
21,516 and the payment of $196,987.58 was
ratified.
The Monthly Spill Report to the State Water
Resources Control Board (SWRCB) for
November 2010 was accepted as submitted.
Waste Diversion Report for October The Waste Diversion Report dated
• 2010 October 2010 was accepted as submitted.
•
•
•
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
Contract Payment of $156,020.84 to
CR Transfer — October 2010
Contract Payment of $9,746.86
to CR Transfer — Santa Ana
Heights /Newport Beach — October
2010
Ordinance Enforcement Officer's
Report
ENGINEER'S REPORTS
Project Status Report
TREASURER'S REPORTS
Investment Report for the month of
October 2010
Warrant Register for the month of
October 2010 in the amount of
$901,790.02
The contract payment of $156.020.84 to
CR Transfer for recycling services and
disposal for the month of October 2010
was ratified as submitted.
The contract payment of $9,746.86 to CR
Transfer for recycling services and disposal
for Santa Ana Heights /Newport Beach for
the month of October 2010 was ratified as
submitted.
The Ordinance Enforcement Officer's Report
dated November 18, 2010 was accepted as
submitted.
The Project Status Report dated October
2010 was accepted as submitted.
The Investment Report for the month of
October 2010 was accepted as submitted.
Warrant Resolution #CMSD 2011 -5 was
approved, authorizing the President and
Secretary to sign the warrant ratifying the
payment of certain claims and demands, and
specifying the funds out of which the same
were paid in the amount of $901,790.02.
•
0
COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
Directors Compensation &
Reimbursement of Expenses for the
month of October 2010.
WRITTEN COMMUNICATIONS
PAGE 4
Director Compensation and Expense
Reimbursements for the month of October
2010 were approved and ratified as
follows:
President Schafer: $1,326.00 + $22.00
Vice President Ooten: $1,326.00 + $7.00
Director Monahan: $884.00
Director Ferryman: $1,105.00
Director Perry: $1,105.00 +,$34.00
END OF CONSENT CALENDAR
Ms. Revak reported there were no written communications.
PUBLIC COMMENTS
President Schafer requested any public comments.
Mesa Consolidated Water District Representatives General Manager Paul Shoenberger,
Director Trudy Ohlig -Hall and Communications Manager Stacy Taylor, presented
proclamations to Director Monahan and President Schafer for their outstanding service to
the City and residents of Costa Mesa.
GENERAL MANAGER'S REPORTS
SALARIES AND BENEFITS
Mr. Carroll presented a letter received from Mr. J. Scott Williams regarding
CMSD salaries and benefits, requesting the issue be placed on the November
18, 2010 agenda. Mr. Carroll responded to Mr. Williams concerns on September
7, 2010 in a letter provided to the Board. Mr. Carroll also informed the Board that
the CMSD website has a link called "Transparency" providing detailed
information about salaries and benefits for every District employee and Board
member. This information is easily obtained and made available to anyone in the
public who has access to a computer.
Mr. Williams was present at the meeting and spoke about his perception that
salaries and benefits for District employees are too high.
Director Monahan invited Mr. Williams to attend future meetings when the District
• begins its budget meetings for the next fiscal year to better understand the
District's budget and also pointed out the District's employees are not
represented by a Union and do not have collective bargaining.
COSTA MESA SANITARY DISTRICT PAGE 5
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
•
Director Ooten suggested having an independent meeting as so many numbers
have been put out there and he believes they are seriously flawed.
The Board of Directors received and filed the report.
CALIFORNIA PLUMBING CODE
Mr. Carroll presented Ordinance No. 80 — Adopting the California Plumbing Code
— requiring Developers to conform with the California Plumbing Code. Mr. Carroll
noted adopting these standards will also be consistent with other public entities
such as the City of Costa Mesa, the County of Orange and the City of Newport
Beach building standards. Mr. Carroll stated the California Building Standards
Commission completed the adoption and approval of several building standards
where all applicable codes will become effective on January 1, 2011.
Director Ooten moved to approve CMSD Ordinance No. 80 — Adopting the
California Plumbing Code. Director Perry seconded the motion. Motion carried
4 -0..
UPDATE FOG CODE
. Mr. Carroll presented Ordinance No. 81 — Specifically Mandating Compliance
with all Conditions of Sewer Permits & Also Requiring Grease Interceptors or
Other Grease Control Devices to be installed in all New Commercial
Construction. Mr. Carroll advised the code revisions clearly define Food Service
Establishments (FSE), Grease Control Devices (GCD) and grease interceptors.
The revision also gives the District strong enforcement powers for any FSE found
violating their wastewater discharge permit. Mr. Carroll noted the item supports
achieving Strategic Element No. 1.0, Sewer Infrastructure, and Strategic Goal
No. 1.8, Fats Oil Grease (FOG) Program.
Discussion was held on the proposed Ordinance and Mr. Burns requested the
item be continued. Director Monahan moved to continue the item to the
December 20, 2010 meeting. Director Ooten seconded the motion. Motion
carried 4 -0.
PILOT RESIDENTIAL FOG RECYCLING PROGRAM
Mr. Carroll reported the District has a comprehensive and very successful
program preventing Fats, Oil and Grease (FOG) from entering into the sewer
system by food service establishments. As a result the District is experiencing
fewer SSOs related to restaurant FOG, however, the District is still experiencing
SSOs caused by residential FOG. The proposed pilot program is an attempt to
• better educate residents about FOG and to provide for an easy and convenient
means for proper disposal. Mr. Carroll noted this item supports achieving
Strategic Element No. 1.0, Sewer Infrastructure and Strategic Goal No. 1.8, Fats
Oil Grease (FOG) Program.
C
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
Director Ooten moved to approve implementing a Pilot Residential FOG
Recycling Program; approve a budget adjustment, adding a new line item to the
Liquid Waste Fund called Residential FOG Recycling Program, and transfer
$5,240 from the Liquid Waste contingency account to this new line item; and
direct Staff to report back with the results of the program six months after
implementation. Director Monahan seconded the motion. Motion carried 4 -0
HEALTH BENEFIT CONTRIBUTIONS
Mr. Carroll reported the District offers its full -time employees a variety of benefit
plans through a "Cafeteria Bucket ". Each employee receives the same "bucket
of funds to select and pay for desired benefits and levels of coverage. The
current monthly bucket is $799.00. Health insurance premiums are expected to
increase 15% by January 1, 2011. The current bucket allowance is adequate to
pay for health plans for employees who are on individual plans; however, when
employees are on family plans the bucket allowance will typically cover 44% of
the premiums. The remaining 56% is paid by the employee. Mr. Carroll
recommended the Board of Directors approve a "Cafeteria Bucket" for family
health plans in the amount of $1,199.00 a month.
• Mr. Williams made additional comments on employee benefits and requested the
Board consider these items at the budget hearings for the next fiscal year.
President Schafer noted, unlike many other special districts, the CMSD's Board
of Directors do not receive any benefits for serving the public other than their
$221.00 per meeting attendance with a maximum of 6 meeting per month.
Director Monahan moved to approve the "Cafeteria Bucket" for Family Health
Plans. Director Ooten seconded the motion. President Schafer requested
comments.
Mr. Davis requested Staff look at the plan to ensure certain requirements are met
under Internal Revenue Code Section 125.
Motion carried 4 -0.
REAPPROPRIATION OF FUNDS FROM FY 1009 -2010 To FY 2010 -2011
Mr. Carroll reported that in the last fiscal year several District projects were not
completed, and all appropriations lapse at the end of each year. It is, therefore,
necessary to request the unspent budget appropriations be carried over into the
2010 -2011 fiscal year.
•
COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
Staff recommends the Board approve the following CIP carryovers:
$503,985 budgeted for the District Yard CIP project;
$6,200 CIP carryover for Project 170 Emergency Pump Plan.
Staff recommends the Board approve the following expenditure carryovers:
$150,000 for sewer line cleaning completed in August 2011;
$127,390 for unspent AB939 grant funds.
In addition, staff recommends the Board approve the following revenue
carryovers:
$449,643 to be received from the Orange County Development Agency upon the
completion of Project 129 - Bristol Street; and $127,390 of AB 939 recycling grant
revenue received for the joint agency agreement to provide compost bins and
presentations to schools and the community.
Director Ooten moved to approve the re- appropriation of funds from FY 2009 -
2010 to FY 2010 -2011 as requested in the Staff Report. Director Monahan
• seconded the motion. Motion carried 4 -0.
RECYCLING COMMITTEE
President Schafer reported the Recycling Committee meeting of November 15,
2010 was cancelled due to a Special Closed Session meeting of the Board of
Directors.
ENGINEER'S REPORTS
PROJECT #183 -2 BRISTOL STREET N/O RANDOLPH - ACCEPTANCE OF IMPROVEMENTS
Mr. Hamers reported construction of the improvements on Project #183 -2 Bristol
Street Sewer n/o Randolph was completed on November 3, 2010.
Mr. Hamers requested the Board of Directors accept improvements as completed
and file a Notice of Completion; authorize payment of 5% retention 35 days after
the Notice of Completion is recorded; exonerate Labor and Material Bond after
the Notice of Completion is recorded and exonerate Faithful Performance Bond
one year after Notice of Completion is recorded; and, approve the Closeout
Agreement.
•
COSTA MESA SANITARY DISTRICT PAGE 8
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010
Director Perry moved to accept improvements, file notice of completion,
authorize payment of 5% retention 35 days after the Notice of Completion is
recorded; exonerate Labor and Material Bond after the Notice of Completion is
recorded and exonerate Faithful Performance Bond one year after Notice of
Completion is recorded; and, approve the Final Closeout Agreement and
Release of all Claims for Project No. 183 -2 Bristol Street Sewer n/o Randolph.
Director Ooten seconded the motion. Motion carried 4 -0.
SEWER SYSTEM COMMITTEE
Director Monahan presented an overview of the Sewer System Committee meeting
held November 9, 2010 and noted the two Directors - elect, Mike Scheafer and Jim
Fitzpatrick were in attendance. Director Monahan noted being on the Committee
has been very educational during his tenure on the Board.
Director Monahan reported, to date, around 1,500 of the District's manholes have
been plugged and sealed and the Committee directed Staff to continue sealing on
an as- needed basis.
Director Monahan reported six test sites will be tested using Top Hat installation at
• a cost of $1,400 per site.
Mr. Hamers reported on emergency response communications options. Updates
were given on CMSD projects.
TREASURER'S REPORTS
Mr. Davis had no items to report to the Board of Directors.
ATTORNEY'S REPORTS
Mr. Burns had no items to report to the Board of Directors.
CLERK OF THE DISTRICT REPORTS
2010 SCHOOL TELEPHONE RECYCLING PROGRAM
Ms. Revak reported the 2010 School Telephone Book Recycling Program began
on November, 15, 2010 and there are 22 participating schools.
ELECTION - NOVEMBER 2, 2010
• Ms. Revak reported she will administer the oath of office to Messrs Fitzpatrick,
Scheafer and Ooten on Friday, December 3, 2010 at 12:00 noon at CMSD
headquarters.
COSTA MESA SANITARY DISTRICT PAGE 9
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 18, 2010 .
LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
Director Ooten attended the OCSD meeting on November 17, 2010. The OCSD
Comprehensive Annual Financial Report for the year -ended June 30, 2010 was
presented.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
Director Perry reported on the SARFPA meeting he attended at 4:00 p.m. this
date. The SARI Line and the Prado Dam were discussed. The SARI Line will be
completed in 2013 at a cost of $120,000,000.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
President Schafer attended the Executive Board Committee meeting on November
2, 2010. Phil Anthony gave an OCCOG uupdate and President Schafer reported on
CSDA. A 2011 calendar was presented with suggested speakers for the upcoming
year.
• LOCAL AGENCY FORMATION COMMITTEE ( LAFCO)
President Schafer reported on the LAFCO meeting held on November 10, 2010.
Sunset Beach was discussed; the LAFCO calendar for 2011 was adopted. Fee
Waiver policy was discussed due to the CMSD request for waiving annexation fees
and the item will be agendized at future meetings.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA)
President Schafer attended a CSDA Planning conference in Costa Mesa.
President Schafer attended meetings in Sacramento on October 21 and 22, 2010
and was appointed the Conference Chair for the Annual Conference in Monterey in
2011.
WACO
President Schafer attended a breakfast meeting on November 5, 2010. Santiago
Canyon College's Water System was discussed. Dr. Jim Gates spoke,
representing Santiago Canyon College and the benefits of a student internship
program. There was an update on the Bay Delta Conservation Plan. There was.a
legislative alert with the Controller requiring special districts to report compensation
information.
• Director Monahan reported on a meeting at the City Council where there was a request
for a study session tentatively scheduled for January 2013 on the topic of the use of
Styrofoam.
COSTA MESA SANITARY DISTRICT PAGE 10
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
FIELD NOVEMBER 18, 2010
a
OLD BUSINESS
.. There was no old business to discuss.
NEW BUSINESS
Mr. Carroll advised the District Office will close at 1:00 p.m. on Wednesday,
November 24, 2010 and a notice will be posted.
At 6:35 p.m. President Schafer dismissed the attendees for a 10 minute recess prior to a
session to discuss Disciplinary Matters pursuant to Government Code Section 54957.
At 6:45 p.m. President Schafer reconvened the meeting.
The Board reconvened to open session and announced that the determination in the
matter of the discipline of the Operations Manager had been modified. The vote was 3 -0-
2, with Directors Schafer, Ooten and Perry voting in favor, and Directors Ferryman and
Monahan abstaining due to absence.
• ADJOURNMENT
President Schafer adjourned the meeting at 7:00 p.m.
1 a
Secr tary _
•
i
President