Minutes - Board - 2009-05-20El
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 205 2009
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
May 20, 2009, at 11:45 a.m. at 628 W.
19th Street, Costa Mesa.
President Schafer called the meeting to
order at 11:45 a.m.
PLEDGE OF ALLEGIANCE Director Monahan led the Pledge of
Allegiance.
INVOCATION Mr. Fauth gave the invocation.
ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, James
Ferryman, Gary Monahan
DIRECTORS ABSENT Bob Ooten.
STAFF PRESENT: Robin B. Hamers, Manager /District
Engineer; Alan Burns, Legal Counsel;
Tom Fauth, Assistant ' Manager; Joan
Revak, Board Secretary/Program
Manager /Clerk of the District; Marc Davis,
Treasurer; Teresa Gonzalez, Accountant;
Sherry Kallab, Management Analyst;
Denise Gilbert, Public Outreach
Coordinator; Debbie Bjornson, Permit
Processing Specialist; Kaitlin Tran,
Accounting Specialist I; Karl Dulake,
Maintenance Supervisor; Ron Shef,
Ordinance Enforcement Officer
OTHERS PRESENT: None
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CMSD BOARD OF DIRECTORS MEETING HELD
MAY 20, 2009
CONSENT CALENDAR
PAGE 2
Director Perry motioned to approve the Consent Calendar. Director Ferryman seconded.
Motion carried 4 -0.
REPORTS
MINUTE APPROVAL
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting — April of April 20, 2009, were approved as distributed.
20, 2009
Minutes of Sewer System The Minutes of the Sewer System Committee
Committee Meeting -- Meeting of April 21, 2009, were approved as
April 21, 2009 distributed.
Minutes of Regular The Minutes of the Regular Board Meeting of April
Meeting — April 27, 2009 27, 2009, were approved as distributed.
Minutes of Special The Minutes of the Special Meeting of May 1,
Meeting — May 1, 2009 2009, were approved as distributed.
MANAGER'S REPORTS
REFUNDS There was one refund request for the month of May
2009 in the amount of $239.40.
Occupancy Report and The Trash Occupancy Count documented no
Payment of $196,648.83 increase of units for the occupancy report for solid
to Costa Mesa Disposal — waste collection as of May 1, 2009. Therefore, the
May 2009 total for May is 21,479.
Board directed Staff to prepare a warrant for
$196,648.83 for May 2009 collection based on
occupancy report. Said payment in the amount of
$196,648.83 to Costa Mesa Disposal to be ratified
on the June 2009 warrant register.
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CMSD BOARD OF DIRECTORS MEETING HELD
MAY 20, 2009
PAGE 3
Monthly Spill Report to The Monthly Spill Report to the State Water
State Water Resources Resources Control Board (SWRCB) for May 2009
Control Board was accepted as submitted.
Waste Diversion Report The Waste Diversion Report dated May 2009 was
accepted as submitted.
Contract Payment of
$166,510.79 to CR
Transfer — April 2009
Contract Payment of
$10,616.85 to CR
Transfer — Santa Ana
Heights/ Newport Beach —
April 2009
Ordinance Enforcement
Officer's Report
ENGINEER'S REPORTS
Project Status Report
TREASURER'S REPORTS
Financial Report as of
April 30, 2009
Treasurer's Report as of
April 30, 2009
The contract payment of $166,510.79 to CR
Transfer for recycling services and disposal for the
month of April was ratified as submitted.
The contract payment of $10,616.85 to CR
Transfer for recycling services and disposal for
Santa Ana He Beach for the month of
April was ratified as submitted.
The Ordinance Enforcement Officer's Report dated
May 12, 2009 was accepted as submitted.
The Project Status Report dated May 2009 was
accepted as submitted.
The Financial Report as of April 30, 2009 was
accepted as submitted.
The Treasurer's Report as of April 30, 2009 was
accepted as submitted.
Warrant 2009 -11 for April Warrant Resolution #CMSD 2009 -11 was
2009 in the amount of approved, authorizing the President and Secretary
$642,392.98 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
$642,392.98.
Directors Expenses for the Director Compensation and Expense
Month of April 2009 Reimbursements for the Month of April 2009 were
approved and ratified as follows:
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CMSD BOARD OF DIRECTORS MEETING HELD
MAY 20, 2009
President Schafer: $1,326.00 + $69.43
Vice President Ooten: $1,326.00 + $814.80
Director Perry: $1,105.00
Director Ferryman: $1,326.00 + $10.45
Director Monahan: $663.00
END OF CONSENT CALENDAR
WRITTEN COMMUNICATION
There were no written communications.
PUBLIC COMMENTS
There were no public comments made.
O MANAGER'S REPORTS
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DISTRICT YARD — 174 W. WILSON STREET — CMSD #187
ESTIMATE OF OVERALL CONSTRUCTION PHASE COSTS
PAGE 4
Ms. Kallab reported the estimate of overall construction phase costs as of May 13, 2009
to be $2,349,057.91. Ms. Kallab also informed the Board the estimate is a work in
progress and will keep the Board apprised of the updated estimate.
SELECTION OF CONTRACTOR
Mr. Hamers reported a proposed June 10th 2009 meeting will be held with members of
the design team to discuss issues regarding the District Yard. The Selection of
Contractor will be proposed for June's board meeting.
CONSULTANT CONSTRUCTION PHASE PROPOSALS
Mr. Hamers reported the consultant construction phase proposals will be forthcoming
when the contractor award is recommended.
CMSD BOARD OF DIRECTORS MEETING HELD PAGE 5
MAY 20, 2009
4) GRANT RESEARCH
Mr. Hamers reported Ms. Kallab is attempting to submit an application on behalf of the
district for a zero interest loan.
STRATEGIC PLANNING WORKSHOP FOR 2009 -2010
Mr. Burns recommended continuing the issue regarding the Strategic Planning Workshop
for 2009 -2010 until further notice.
ORDINANCE ENFORCEMENT OFFICER TRANSITION
Mr. Fauth reported the City still has not responded regarding the hiring of the Ordinance
Enforcement Officer. Director Ferryman recommended hiring the Ordinance
Enforcement Officer on a part -time basis so adequate training can begin with Mr. Shef
before his departure.
Mr. Fauth reported the position can be changed at a later time to a full -time position.
The Board decided to continue with the interviews, and, in parallel with the interviews,
Ocontinue checking with the City.
USE OF INTERNS & VOLUNTEERS
President Schafer was pleased to comment on the use of interns and volunteers at
CMSD. Mr. Burns recommended adopting a resolution making interns and volunteers
subject to workers' compensation due to possible injury at CMSD.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD ON MAY 19, 2009
Director Monahan reported the Sewer System Committee met on May 19, 2009 and
discussed several items including the monthly spill statistics, an update on SSMP, liquid
waste budget review, CMSD projects, and viewed a video on calcium deposits in pipes.
TRANSFER OF SEWERS FROM OCSD TO CMSD
Director Monahan reported no new information regarding the Transfer of Sewers from
OCSD to CMSD.
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CMSD BOARD OF DIRECTORS MEETING HELD PAGE 6
MAY 20, 2009
PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
Director Monahan reported no new information regarding the Project #186 Sewer Lateral
Assistance Program.
SEWER SPILL AT 327 W. WILSON
Director Monahan reported some inaccuracies in the OC Register article on the sewer
spill at 327 W. Wilson. Mr. Fauth met with the editor of the article, corrected issues, and
provided a full copy of records supporting the facts.
SDLF ACCREDITATION
Ms. Revak reported the application, fee and documentation required to obtain the SDLF
District of Distinction Accreditation was submitted on May 12, 2009.
Ms. Revak reported Director Monahan needs to update his ethics training by September
6, 2009; all other board members are current until 2010. Ms. Revak also reported Mr.
Hamers has completed the required General Manager's training on November 13, 2008.
AWARD TO CMSD FROM MESA CONSOLIDATED WATER DISTRICT ON MAY 12,
ON 2009 FOR CMSD's EFFORTS IN WATER CONSERVATION
President Schafer attended the Mesa Consolidated Water District meeting on May 12,
2009 and was presented with a trophy awarded to CMSD from Mesa Consolidated Water
District for CMSD's efforts in water conservation. President Schafer responded with a
thank you letter on behalf of CMSD to Mesa Consolidated Water District.
COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT
Mr. Hamers recommended re- calendaring the issue regarding the County of Orange
Waste Disposal Agreement until Mr. Burns has an opportunity to review it thoroughly and
present a recommendation to the board with respect to signing the Waste Disposal
Agreement.
RECYCLING COMMITTEE — MONDAY, MAY 18, 2009 — 3:30 P.M., CMSD
BOARDROOM, 628 W. 19TH STREET, COSTA MESA (VICE PRESIDENT OOTEN AND
DIRECTOR MONAHAN)
BIOPLASTICS
Mr. Hamers reported on the emerging technology of bioplastics and the use of alternative
a plastics being offered to schools during CMSD presentations. Mr. Fauth presented
bioplastic utensils to the Board.
CMSD BOARD OF DIRECTORS MEETING HELD
MAY 20, 2009
PAGE 7
OUTREACH /SIGNAGE OPPORTUNITY AT ESTANCIA HIGH SCHOOL STADIUM
Director Monahan inquired as to the Outreach /Signage opportunity at Estancia High
School Stadium. Mr. Hamers reported upon the Board's approval, $500 contribution of
grant money will be used to purchase a sign advertising Costa Mesa Sanitary District at
Estancia High School's Football Stadium. Director Perry reported the annual 'renewal fee
for the sign will be $250 or less following the first year. Staff was also directed to inquire
if there is a signage opportunity at Costa Mesa High School.
Director Ferryman motioned to contribute $500 of grant money for the purchase of
signage at Estancia High School's Football Stadium. Director Monahan seconded.
Motion carried as follows:
Ayes: Schafer, Ferryman, Monahan
Abstain: Perry
SIGNS FOR ORANGE COAST COLLEGE RECYCLING CENTER
Mr. Fauth recommended a modification to 20 signs that are double -sided and 20 signs
athat are single -sided to be displayed at Orange Coast College. Director Perry suggested
inquiring as to the City's regulations regarding the usage of the signs prior to their
purchase. Mr. Fauth will investigate the City's regulations on signs. Director Ferryman
motioned for approval of the concept contingent on the City's approval of the usage of
the signs.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
Ms. Gilbert reported two tours have been set for the month of June 2009 for a group of
fourth graders from College Park Elementary and a group of special education students
from the Costa Mesa High School Annex.
Mr. Fauth presented the expenses of the AB 939 Regional Recycling and Waste
Diversion Grant Program and a letter from the City of Costa Mesa regarding the 2008 -09
Cycle Application.
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CMSD BOARD OF DIRECTORS MEETING HELD PAGE 8
MAY 20, 2009
A ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers reported a pumping station seminar will be held on May 21, 2009. Mr.
Hamers reported the August seminar topic will be the OCSD /OCWD groundwater
replenishment system.
PROJECT #183 -3 TRC PROPOSAL TO PERFORM SCADA SYSTEM MAINTENANCE.
Mr. Hamers recommended approval of the proposal as presented in the amount of
$160,202. Mr. Fauth recommended to use CMSD's standard agreement and to have the
proposal as the attachment. Mr. Hamers suggested adding final language approved by
the attorney for the District.
Director Monahan motioned to approve the Project #183 -3 TRC Proposal to Perform
SCADA System Maintenance. Director Ferryman seconded. Motion carried 4 -0.
REQUEST FOR COMPENSATION INCREASE FROM MANAGERMISTRICT ENGINEER
Mr. Hamers requested a compensation increase for Engineering hours provided to the
District. Director Monahan suggested continuing the issue until the budget is finalized.
Director Monahan motioned to continue the issue to the June 2009 Regular Board
Meeting. Director Ferryman seconded. Motion carried 4 -0.
ENGINEERING AND INSPECTION LIMITATIONS BEGINNING JULY 1, 2009
Mr. Hamers presented the forthcoming labor distribution beginning July 1, 2009 in
accordance with the budget meeting held on May 8, 2009 which represented the man
hours available for the District as requested by Director Ooten. The draftsman hours for
updating the Sewer Atlas were removed from the budget and man hours for Senior
Inspector Paul Guzman and Inspector Joe Limon have been reduced from a combined
total of 12 hours per day to six hours.per..day.
Director Monahan motioned to increase the budget to $200,000 in total, direct staff to
review the District's fee schedules and inspection fees, to return the findings back to the
Board after Mr. Burns' review, and to make sure this item is pulled out at the mid -year
budget for review. Director Perry seconded. Motion carried 4 -0.
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CMSD BOARD OF DIRECTORS MEETING HELD PAGE 9
MAY 20, 2009
OPROJECT #129 — BRISTOL STREET SEWER
Mr. Hamers reported on CMSD #129 Bristol Street Sewer and requesting a budget
adjustment and approval of the additional design fees and direction to seek
reimbursement from OCDA. Mr. Davis reported the budget adjustment is for $15,000
funds to be reimbursed from the County.
Director Monahan motioned to approve the budget adjustment for additional design fees
in the amount of $15,000. Director Perry seconded. Motion carried 4 -0.
TREASURER'S REPORTS
RESOLUTION NO, 2009 -765 ADOPTING CMSD BUDGET FOR FY- 2009/2010
Mr. Davis introduced RESOLUTION NO. 2009 -765, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ADOPTING A
BUDGET FOR THE FISCAL YEAR 2009 -10.
Director Monahan motioned to approve Resolution No. 2009 -765 and to move to an 8.7
0 percent increase at $5.75 for the single family residential rate for this budget cycle
Along with that motion, Director Monahan included bringing forth to Prop 218 the $5.75
with $80,000 to be allocated towards plan check and Inspection, $75,000 to be allocated
to the bypass pump, and $154,600 to be allocated to miscellaneous sewer work.
Director Perry seconded. Motion carried 4 -0.
Director Perry left the proceedings.
INVESTMENT OVERSIGHT COMMITTEE MEETING HELD MAY 20, 2009
Mr. Davis reported the following items were addressed at the May 20, 2009 Investment
Oversight Committee meeting:
• Treasurer's Report for April 2009
• Proposed changes to the Investment Policy to be brought back to the Board in
July for consideration
• Update on CalPERS investment losses
BUDGET ADJUSTMENT FOR ADDITIONAL ARCHITECTURAL FEES — CMSD #187
DISTRICT YARD
Mr. Davis recommended approving the budget adjustment in the amount of $22,700 to
40 provide adequate funding for reimbursable expenses and additional architectural fees
associated with the design phase of the District yard.
CMSD BOARD OF DIRECTORS MEETING HELD PAGE 10
MAY 20, 2009
Director Ferryman motioned to approve the Budget Adjustment for Additional
Architectural Fees -- CMSD #187 District Yard. Director Monahan seconded. Motion
carried 4 -0.
CLARIFY DISTRICT POLICY ON EMPLOYEE CELL PHONE USE
Mr. Davis provided information to the Board regarding the District's policy on cell phone
use and supporting funds. Mr. Davis reported the total cell phone budget for fiscal year
2008 -09 is $7,650. The proposed cell phone budget for fiscal year 2009 -10 is $10,150.
A switch to a cell phone allowance will result in a cost savings to the District, the amount
of which is dependent upon the level of allowance set.
Mr. Fauth reported on two plans regarding cell phone usage, an accountable plan and an
allowance plan. Mr. Fauth identified individuals who need to retain the phones. Mr.
Fauth also reported an adjustment may be needed regarding Mr. Dulake's cell phone
usage due to the high volume of calls he receives. Mr. Davis reported the issue will be
revisited at next month's Board meeting.
ATTORNEY'S REPORT
CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE
AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION)
(Discussion held off the record regarding the Claim by Back Bay Center, Ltd. for Property
at 2651 -2675 Irvine Avenue (CMSD Project #168 -- Irvine Pump Station Relocation)
NMUSD USE OF CMSD SEWER EASEMENT
Mr. Burns reported on the NMUSD Use of CMSD Sewer Easement and reported
NMUSD's counsel reviewed and agreed with the Agreement surrounding the use of the
subject easement.
Director Ferryman motioned to approve the Agreement with NMUSD. Director Monahan
seconded. Motion carried 4 -0.
PENAL CODE SECTION 86 RESTRICTIONS ON EXCHANGING VOTES
Mr. Burns reported on the Penal Code Section 86 Restrictions on Exchanging Votes and
provided the Attorney General's opinion interpreting that code section.
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CMSD BOARD OF DIRECTORS MEETING HELD PAGE 11
MAY 20, 2009
is REVIEW OF LOCAL MEETINGS ALLOWED FOR DIRECTOR COMPENSATION
Mr. Burns reported on the Compensation Rules for Directors regarding the list of local
meetings and director activities. Mr. Hamers suggested adding the City of Newport
Beach, MCWD, IRWD. Mr. Burns will bring the issue back as an Ordinance amendment
in the future and requested no action be taken at this time.
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN)
Director Ferryman reported the Orange County Sanitation District's meeting will be held
the evening of May 20, 2009.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY)
There was no SARFPA meeting.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (PRESIDENT
SCHAFER
President Schafer attended the ISDOC Board Meeting held on May 12, 2009 and gave
an update on CSDA, LAFCO and Costa Mesa Sanitary District.
ISDOC QUARTERLY MEETING HELD APRIL 30, 2009 (DIRECTOR PERRY)
Director Perry attended the ISDOC Quarterly Meeting held on April 30, 2009 and
provided a report.
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (PRESIDENT SCHAFER)
President.: Schafer attended.the._May 13, 2009 LAFCO meeting. Discussions held at the
meeting consisted of Los Alamitos having Rossmoor in their Sphere of Influence. The
proposed budget was approved for Fiscal Year 2009/2010.
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CMSD BOARD OF DIRECTORS MEETING HELD
MAY 20, 2009
PAGE 12
• CALIFORNIA SPECIAL DISTRICTS ASSOCIATION CSDA PRESIDENT SCHAFER
President Schafer attended the April 16, 2009 CSDA Chapter Round Table meeting in
Sacramento and provided the agenda.
SPECIAL DISTRICTS LEGISLATIVE DAYS — MAY 5-6,2009, SACRAMENTO
(PRESIDENT SCHAFER)
President Schafer attended the Special Districts Legislative Days held on May 5 -6, 2009
in Sacramento where she was the Master of Ceremonies. President Schafer reported
the conference was a success and provided materials and the agenda for the Board's
perusal.
President Schafer conducted a CSDA Board meeting held in Sacramento on May 6,
2009 and provided the CSDA April /May magazine.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
CONFERENCE AT NAPA VALLEY — APRIL 29 -MAY 2, 2009 (PRESIDENT
SCHAFER & DIRECTOR FERRYMAN)
• Director Ferryman reported John Garamendi was the keynote speaker. There were
discussions regarding the ocean rising two feet in the next ten to 15 years which
Director Ferryman is planning to bring that issue back to Orange County San District for
a Plant 1. Director Ferryman reported on discussions regarding waste water being
converted into drinking water and offered tours of the groundwater replenishing plant.
Director Ferryman also reported Mike Dillon gave an update on what was happening
legislatively.
CWEA ANNUALCONFERENCE IN PALM SPRINGS - APRIL 28 - MAY 1, 2009
(DIRECTOR OOTEN, TOM FAUTH AND KARL DULAKE)
Vice President Ooten, Mr. Fauth and Mr. Dulake attended the CWEA Annual Conference
held in Palm Springs on April 28 — May 1, 2009. Mr. Fauth and Mr. Dulake attended
sessions regarding calcium in pipes. Mr. Fauth reported seeing many vendors and
arranged for a demonstration with MME of their CCTV truck and camera capability.
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CMSD BOARD OF DIRECTORS MEETING HELD
MAY 20, 2009
PAGE 13
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE
N. 55, OPERATIONS CODE SECTION 3.01.030
CITY OF COSTA MESA COUNCIL AGENDA -- APRIL 14, 2009 (Director
Monahan)
Director Monahan attended the City of Costa Mesa Council Meeting held on April 14,
2009 and reported on the Adjourned Regular Meeting Action Agenda in which ten Action
Items were discussed regarding the Fiscal Year 2009 -10 Operating and Capital
Improvement budget and approved.
CHAMBER OF COMMERCE
President Schafer did not attend the meeting.
OCCOG
President Schafer did not attend the meeting.
• WACO
President Schafer did not attend the meeting.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
The Regular Board meeting for June was rescheduled to Wednesday, June 24, 2009 at
11:30 a.m. in CMSD Board room.
PROPOSED CSDA BYLAWS AMENDMENTS
President Schafer offered the Proposed CSDA Bylaws Amendments.
Director Monahan motioned to approve the Proposed CSDA Bylaws Amendments.
Director Ferryman seconded. Motion carried 3 -0.
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CMSD BOARD OF DIRECTORS MEETING HELD PAGE 14
MAY 20, 2009
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Monahan reported the TCA Board for the 73 is not meeting its obligations and
reported drawing $7 million in the contingency to make payments. Director Monahan
reported the TCA Board is looking at a possible increase next year.
Director Monahan spoke with Peter Naghavi and reported the Newport Boulevard project
should be complete within the month and discussed a maintenance provision in the
contract. Director Monahan reported a discussion regarding the approval of the
Redevelopment Agency vehicle parking Districts 1 and 2 which are scheduled to begin
after the Newport Boulevard project is finished at an estimated cost of $3.5 million.
Director Monahan reported additional items discussed were issues regarding receiving
stimulus money through HUD, raising the number of firework locations from 32 to 40,
overtime spent on 4th of July activities for fire and police departments, and major
adjustments to parking restrictions and requirements.
ADJOURNMENT
President Schafer adjourned the Regular Meeting at 2:47 p.m.
E(,'RETARY
PRESIDENT