Minutes - Board - 2011-08-25•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
AUGUST 25, 2011
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
August 25, 2011 at 5:30 p.m. at 628 W. 19th
Street, Costa Mesa.
PLEDGE OF Director Fitzpatrick led the Pledge of
ALLEGIANCE Allegiance.
INVOCATION Director Scheafer led the Invocation.
ROLL CALL DIRECTORS PRESENT: Robert Ooten, James Ferryman,
Mike Scheafer, Jim Fitzpatrick, Art Perry
DIRECTORS ABSENT:
STAFF PRESENT: Scott Carroll, General Manager; Joan Revak,
Office Manager /Clerk of the District; Robin B.
Hamers, District Engineer; Colin Burns,
District Counsel; Sherry Kallab,
Administrative Manager; Marc Davis,
Treasurer; Teresa Gonzalez, Accounting
Manager
OTHERS PRESENT Dean Ruffridge, CR &R Inc.
Ed Burrell, Granicus
Scott Williams, Costa Mesa
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COSTA MESA SANITARY DISTRICT PAGE 2
MINJJTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
ANNOUNCEMENT OF LATE COMMUNICATIONS
There were no late communications.
Mr. Carroll requested continuation of Item VIII. E. to the regular September 2011 meeting
as Ms. Cully is not present to give the report.
Mr. Carroll requested to add item X. Engineer's Reports, item A. to the agenda, "Approval
of Change Orders for Project No. 189, Rehabilitation of Six Sewers Transferred to CMSD ".
Mr. Carroll reported the Contractor rehabilitating the sewer on South Coast Drive is
requesting a $300,000 change order due to problems with the soil and action is being
requested today so that the Contractor can proceed with the work. Mr. Carroll stated the
District received $1.3M from OCSD for the sewer transfer and the contract is $267,300 so
the project is under budget Mr. Carroll also stated the Contractor is already working in the
street and the District doesn't want to run the risk of damages occurring if the work is halted
for a month. Director Perry moved to place this item on the Agenda. Director Ferryman
seconded the motion. Motion carried 5 -0.
CONSENT CALENDAR
REPORTS
MINUTE APPROVAL
Minutes of Sewer System Committee The Minutes of the Sewer System Committee
Meeting — July 19, 2011 Meeting of July 19, 2011 were approved as
distributed.
Minutes of Regular Board Meeting — July The Minutes of the Regular Board Meeting of
25, 2011 July 25, 2011 were approved as distributed.
ENGINEER'S REPORTS
Project Status Report
Occupancy Report and Payment of
$197,124.92 to Costa Mesa Disposal —
August 2011
The Project Status Report dated August
2011 was accepted as submitted.
The Trash Occupancy Count documented no
increase of one unit for the occupancy report
for solid waste collection as of August 1,
2011. Therefore, the total for August is
21,531 and the payment of $197,124:92 was
ratified.
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
Contract Payment of $179,110.43 to CR The contract payment of $178,883.28 to
Transfer —July 2011 CR Transfer for recycling services and
disposal for the month of July 2011 was
ratified as submitted.
Contract Payment of $6,730.63
to CR Transfer — Santa Ana
Heights /Newport Beach — July 2011
Warrant Register for the month of July
2011 in the amount of $1,176,243.82
Directors Compensation &
Reimbursement of Expenses for the
month of July 2011.
Investment Report for the month of July
2011
Quarterly Budget Reports
Budget Transfer for govDelivery
Services
Budget Transfer for Pump Station
Study
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The contract payment of $6,730.63 to CR
Transfer for recycling services and disposal
for Santa Ana Heights /Newport Beach for
the month of July 2011 was ratified as
submitted.
Warrant Resolution #CMSD 2012 -2 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
$1,176,243.82.
Director Compensation and Expense
Reimbursements for the month of June
2011 were approved and ratified as
follows:
President Ooten: $1,326.00
Vice President Ferryman: $663.00
Director Scheafer: $1,326.00 + $9.43
Director Fitzpatrick:
Director Perry: $1,326.00
The Investment Report for the month of
July 2011 was approved as submitted.
The Quarterly Budget Reports were
approved as submitted.
The Budget Transfer for govDelivery
Services was approved.
The Budget Transfer for a Pump Station
Study was approved.
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COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
END OF CONSENT CALENDAR
Director Ferryman moved to accept the Consent Calendar. Director Perry
seconded the motion. Motion carried 5 -0.
WRITTEN COMMUNICATIONS
There were no written communications.
PUBLIC COMMENTS
President Ooten invited public comments. There were no public comments
GENERAL MANAGER'S REPORTS
CALPERS UPDATE
Mr. Carroll stated the Board of Directors, on July 28, 2011, adopted the resolution
of intention to amend the California Public Retirement System (CaIPERS)
retirement formula to 2% @ 60, with retirement benefits based on the average of
the thirty -six highest consecutive months of salary providing a second level of
• benefits for newly -hired employees. The CalPERS actuarial study, detailing the
annual dollar savings, was attached for your information and to provide public
notice in accordance with Government Code Section 7507 at the July 28, 2011
Board meeting. The contract amendment could not be completed until 20 days
after the adoption of the resolution of intent. Mr. Carroll reported all requirements
have been met and the final resolution is available for adoption.
Vice President Ferryman moved to adopt Resolution No. CMSD- 2011 -804.
Director Scheafer seconded the motion. Motion carried 5 -0.
AUDITOR COMMUNICATION REGARDING 2010 -2011 AUDIT
Mr. Carroll stated the Board approved. On July 22, 2010, a Professional Services
Agreement for Independent Audit services to Diehl Evans & Company, LLP for the
total amount of $26,930 for the three fiscal years ending June 30, 2010, 2011 and
2012. Mr. Carroll presented a letter from Diehl Evans & Company, LLP disclosing
their responsibilities under U. S. Generally Accepted Auditing Standards and
Government Auditing Standards.
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COSTA MESA SANITARY DISTRICT PAGE 5
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
ON -LINE BOARD MEETINGS
Mr. Carroll introduced Mr. Ed Burrell, Software Sales Executive with Granicus, who
gave a graphic presentation on "On -Line Board Meetings" and services offered by
Granicus. Mr. Burrell stated the main agenda of the company is to serve
government and provide transparency and workflow efficiency with regard to
agendas and meetings. A question /answer period was held. The initial cost to the
District would be $7,212 with a monthly cost of approximately $1,280.00. The
Board requested information on special districts currently utilizing the services of
Granicus. President Ooten requested Granicus provide the CMSD with information
on increased public participation as a result of using their tools. President Ooten
stated the subject could be a strategic planning item. Staff was directed to obtain
more information and report back to the Board.
ASSEMBLY BILL 741
Mr. Carroll presented a review of Assembly Bill 741. The Bill provides new flexibility
to wastewater agencies and options for willing property owners to finance sewer
improvements, which if left unrepaired, would lead to groundwater contamination
and result in abatement orders for the agencies to clean up. The legislation
• authorizes public agencies to offer voluntary liens to property owners to finance
septic and sewer improvements.
The legislation that was just signed into law by the Governor expands the existing
authorization under Section 5898 of the Streets and Highways Code, which
currently allows public agencies to enter into contractual assessments with property
owners to finance specific improvements. The expansion of the Streets -and
Highway Code will include the costs to private property owners associated with
conversion from septic systems to sanitary sewer systems and with the
replacement of aging private sewer laterals that are already served by a community
sewer system.
Under the contractual assessments, property owners within a designated area
would choose to assess themselves for the cost of designated on -site facilities — in
this case sewer conversions and private sewer lateral replacements. The local
government would then provide the up -front funds for the project, and the property
owners would pay an annual assessment until those funds, plus interest, are
repaid. The underlying purpose of the authority is to create a means by which the
following can occur:
• Projects on private property that provide both a public and private benefit can
be financed without imposing costs on property owners in other parts of the
service area.
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
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■ Property owners, in agreement with the local agency, can voluntarily finance
costly but necessary sewer conversion and lateral replacement
improvements on their property over time.
The costs to customers of converting their septic systems to a community sewer
system, or for replacing aging sewer laterals, are often prohibitive, costing $2,000 to
$14,000 for septic conversions and $3,000 to $12,000 for laterals. If pumps or
pump replacements are needed, this can be an additional $10,000.
Sewer conversions costs may include, but are not limited to, the clean -up and
removal or abandonment of the septic system as well as costs of building the
facilities needed to connect to the community sewer system laterals, grinder
pumps, etc. Over time, septic systems and private sewer laterals can become
damaged and blocked, leading to leaking of wastewater into the ground, potentially
threatening water quality and public health and safety. Additionally, damaged
laterals can contribute to sewage blockages and backups in the public system.
Providing additional options for the financing these important projects is vital to
water quality and public health protection in our communities.
The District's Sewer Lateral Assistance Program offers a reimbursement program of
. up to $1,800 for sewer lateral improvements; however this program is not enough
for lateral replacement and /or converting septic systems to the District's sewer
system. Staff believes there are still eleven (11) private septic systems within the
District. The passage of this legislation will give District property owners another
tool to improve their sanitary system and assist the District in avoiding SSOs.
Staff was directed to investigate the matter as it pertains to the District.
AIR NATIONAL GUARD PROPERTY, 2651 NEWPORT BOULEVARD
Mr. Carroll reported the Air National Guard wants to unload the property at 2651
Newport Boulevard. The City of Costa Mesa is unable to participate in an
exchange authority program. Mr. Carroll suggested the District express an interest
to the Government Services Administration (GSA). Mr. Carroll recommended
authorizing him to send a letter of interest to the Air National Guard. Mr. Burns
stated the item as stated on the agenda is for an oral report with no action being
taken. Mr. Carroll will obtain more information on the subject and report back to the
Board.
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COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
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RECYCLING COMMITTEE
The Recycling Committee meeting met on August 22, 2011. President
Ooten and Director Perry attended and gave a report on the meeting. Items
discussed were the lockable containers and the large item collection
program. Ms. Revak will provide a final report on the 2011 large item
collection program at the next Recycling Committee meeting.
The subject of combining the Recycling Committee and the Sewer System
Committee and holding an additional Board meeting each month to cover
these topics was discussed. Director Ooten suggested the topic be deferred
to the Strategic Planning meeting.
ENGINEER'S REPORTS
APPROVAL OF CHANGE ORDERS FOR PROJECT NO. 129, REHABILITATION OF SIX
SEWERS TRANSFERRED TO CMSD
Mr. Hamers reported on the situation at South Coast Drive and stated the job
• needs to be shut down or extra work awarded to the Contractor. Mr. Hamers
recommended authorizing the General Manager to award extra work to the
Contractor and stated it is an emergency situation. The cost is
approximately $300,000. The Orange County Sanitation District gave the
CMSD $1.3M to cover any costs incurred in the rehabilitation of the six
sewers transferred to the CMSD.
Director Ferryman moved to authorize the General Manager to approve up to
$300,000 on the project and authorize the General Manager to shut the job
down if necessary. Director Scheafer seconded the motion. Motion carried
5 -0.
SEWER SYSTEM COMMITTEE
President Ooten and Director Perry reported on the Sewer System
Committee meeting held August 16, 2011. Mr. Hamers stated he believes
the District should get a new estimate of the District's sewer population and
suggested going to the Census Staff in Fullerton for a correct number of the
District's sewer population.
Director Scheafer reported he observed the sewer crew cleaning the Elden
pump station and was very impressed by staff's adherence to safety
measures and how well they work together.
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COSTA MESA SANITARY DISTRICT PAGE 8
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
TREASURER'S REPORTS
IMPACT OF DOWNGRADE OF U. S. CREDIT RATING
Mr. Davis reported on the impact of Standard & Poor's (S &P) downgrading
the credit rating of the United States government from AAA to AA +. Mr.
Davis stated the downgrade of the U. S. government credit rating marks the
first time in history the credit rating has slipped below AAA. After giving an
analysis of the situation, Mr. Davis stated the District will not be impacted by
the U. S. downgrade as the District currently has no debt: Virtually all of the
District's investments outside of the Local Agency Investment Fund (LAIF)
are in federal agency securities (FHLB, FNMA, FHLMC and FFCB).
ATTORNEY'S REPORTS
Mr. Burns stated he had nothing to report.
CLERK OF THE DISTRICT REPORTS
RESOLUTION NO. 2011 -803, ORDERING THAT ORDINANCE NO. 84 HAS BEEN
• PUBLISHED
Ms. Revak requested approval of Resolution o. 2011 -803, Ordering that
Ordinance No. 84 has been published. Director Perry moved to adopt
CMSD Resolution No. 2011 -803. Director Scheafer seconded the motion.
Motion carried 5 -0.
LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
Director Ferryman attended on the OCSD meeting held on August 24, 2011,
however, there was nothing of importance to the CMSD to report.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
Director Perry reported there was not a meeting of the Santa Ana River
Flood Protection Agency meeting this month.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC)
The next ISDOC Quarterly meeting is scheduled for September 29, 2011.
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COSTA MESA SANITARY DISTRICT PAGE 9
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 25, 2011
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
The CASA 56th Annual Conference was held August 10 -13, 2011 in San
Diego. All five members of the Board and Mr. Carroll attended the meeting
and a report was given. Director Scheafer suggested a meeting of the Board
with Attorney Alan Burns to discuss conflict of interest issues.
SOLID WASTE ASSOCIATION OF NORTH AMERICA (SWANA)
Directors Scheafer and Fitzpatrick and Clerk of the District Joan Revak
attended the SWANA Annual Conference in Nashville, Tennessee where the
District was awarded the bronze public education award for its school
telephone book recycling program. A report on the conference was
presented by the attendees.
Director Ferryman reported, on August 25, 2011, he and Mr. Carroll attended a
meeting at Orange County Water District where U. S. Senator Dianne Feinstein
gave a Washington Report. Director Ferryman expressed how impressed he was
with the Senator.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
There was no new business discussed.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Mr. Scott Williams, Costa Mesa resident, raised questions about the District's
pension and health care benefits. Director Ferryman informed Mr. Williams if he
has questions regarding the Costa Mesa Sanitary District he should submit a public
records request.
ADJOURNMENT
President Ooten adjourned the meeting at 8:15 p.m.
Sec': �ry
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President