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Minutes - Board - 2010-05-27• is COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 273 2010 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on May 27, 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, James Ferryman, Art Perry DIRECTORS ABSENT: STAFF PRESENT: Scott Carroll, General Manager; Joan Revak, Office Manager /Clerk of the District; Robin B. Hamers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Operations Manager; Marc Davis, Treasurer; Sherry Kallab, Administrative Manager OTHERS PRESENT Dean Ruffridge, George Lazaruk, Joyce Amato CR &R, Incorporated 11292 Western Avenue Stanton, CA 90680 COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 0 ANNOUNCEMENT OF LATE COMMUNICATIONS PAGE 2 Ms. Revak reported there were two late communications received after posting the agenda and mailing the Board packet. The items will be considered under "New Business ". CONSENT CALENDAR Director Ooten moved to approve the Consent Calendar. Director Ferryman seconded the motion. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Sewer. System Committee Meeting — April 13, 2010 The Minutes of the Sewer System Committee Meeting of April 13, 2010 were approved as distributed. Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee —April 19, 2010 Meeting of April 19, 2010 were approved as distributed. Minutes of the Regular Board of Directors Meeting — April 22, 2010 Refunds The Minutes of the Regular Board of Directors Meeting of April 22, 2010 were approved as distributed. There were no refund requests for the month of April 2010. Occupancy Report and Payment of The Trash Occupancy Count documented $196,795.32 to Costa Mesa Disposal — no increase for the occupancy report for April 2010 solid waste collection as of May 1, 2010. Therefore, the total for April is 21,495 and the payment of $196,795.32 was ratified. Monthly Spill Report to State Water The Monthly Spill Report to the State Water Resources Control Board Resources Control Board (SWRCB) for May 2010 was accepted as submitted. • • • COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 Waste Diversion Report for April 2010 The Waste Diversion Report dated April 2010 was accepted as submitted. Contract Payment of $173,656.58 to CR Transfer —April 2010 Contract Payment of $8,275.83 to CR Transfer — Santa Ana Heights /Newport Beach —April 2010 Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report Howard S. Wright Contractors Invoice in the amount of $401,822.78 TREASURER'S REPORTS Financial Report as of April 30, 2010 Treasurer's Report as of April 30, 2010 Warrant Register for the month of April 2010 in the amount of $1,110,309.61 The contract payment of $173,656.58 to CR Transfer for recycling services and disposal for the month of April 2010 was ratified as submitted. The contract payment of $8,275.83 to CR Transfer for recycling services and disposal for Santa Ana Heights /Newport Beach for the month of April 2010 was ratified as submitted. The Ordinance Enforcement Officer's Report dated May 27, 2010 was accepted as submitted. The Project Status Report dated May 2010 was accepted as submitted. The Howard S. Wright Invoice for work performed through April 30, 2010 in the amount of $401,822.78 was ratified as submitted. The Financial Report as of April 30, 2010 was accepted as submitted. The Treasurer's Report as of April 30, 2010 was accepted as submitted. Warrant Resolution #CMSD 2010 -11 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 $1,110,309/61. COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 Directors Compensation & Reimbursement of Expenses for the month of April 2010. PUBLIC COMMENTS PAGE 4 Director Compensation and Expense Reimbursements for the month of April 2010 were approved and ratified as follows: President Schafer: $1,326.00 + $28.25 Vice President Ooten: $1,326.00 + $48.81 Director Monahan: $884.00 Director Ferryman: $1,326.00 + $106.91 Director Perry: $1,326.00 END OF CONSENT CALENDAR There were no public comments. WRITTEN COMMUNICATIONS Ms. Revak presented an Award to the Costa Mesa Sanitary District for outstanding professional accomplishments presented at the 82nd Annual Conference of the California Water Environment Association in Sacramento. GENERAL MANAGER'S REPORTS Mr. Carroll presented a final draft version of the Costa Mesa Sanitary District Strategic Plan for Fiscal Years 2010 -15. The plan was developed using a systematic approach of gathering input from Staff, interviewing individual Board members and conducting workshops to brainstorm strategic elements, objectives and performance measurements. Director Ooten requested a change on page 14, item 1.3 Hot Spot Abatement Program, as follows: This program will include an evaluation of hot spots on a case -by -case basis along with the development of a plan for eliminating hot spots. The plan will take into consideration economics (i.e. the cost to perform the repair vs. routine maintenance) and the environment as factors for eliminating hot spots." Director Ooten moved to adopt the Strategic Plan with the recommended amendment. Director Monahan seconded the motion. Motion carried 5 -0. Director Ferryman requested regular updates on the status of the action items of the Strategic Plan. CMSD ORDINANCE NO. 76, REVISING THE CHARGES COLLECTED BY THE DISTRICT & ESTABLISHING THAT FIXTURE FEES ARE CAPACITY CHARGES & MAKING RELATED CLARIFYING CHANGES Mr. Carroll presented an Ordinance changing the District's fixture fees to identify those fees as capacity charges with legal implications relating thereto with increases in those fixture fees which are now to be set by resolution. Mr. Carroll stated the District has • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 long charged fees for plumbing fixtures in proposed developments. The revenues generated from these fees are to be specifically used for reconstruction of sewage facilities; these fees have not been increased since 1970. A report by the District Engineer was presented justifying an increase in the fixture fees. The report was provided to the Building Industry Association (BIA) for their review and comment and no response was received from BIA. Director Ooten stated the fees are extremely low and in view of the fact the fees have not changed in over 30 years a higher increase is warranted. Director Ooten suggested revised fees should be submitted to the Board for approval on an annual basis. Attorney Burns stated the first action should be to establish fixture fees are capacity charges. The second action should be to set the fees. Director Ferryman stated the proposed fees are extremely low. Director Monahan moved to approve and adopt Ordinance No. 76, Revising the Charges Collected by the District and establishing that fixture fees are capacity charges and making related clarifying changes. Director Ferryman seconded the motion. Motion carried 5 -0. CMSD RESOLUTION NO. 2010 -780 ESTABLISHING FIXTURE FEES Director Monahan moved to adopt CMSD Resolution No. 2010 -780 Establishing Fixture Fees, retroacting the $0.25 increase from January 1, 1971 to January 1, 2009, increasing the fixture fee to $17.25 per unit. Director Perry seconded the motion. Motion carried 5 -0. PETTY CASH POLICY Mr. Carroll presented a revised petty cash policy repealing District Administration Regulation 3.8 Petty Cash, and replacing it with the revised policy presented to the Board. Changes include a petty cash disbursement limit of $100 or less, monthly reconciliation, control sheet, semi - annual random audit, review of material safety data sheet before use of purchased chemicals. Director Ooten moved to approve the revised petty cash policy. Director Monahan seconded the motion. Motion carried 5 -0. PRESENTATION BY DEAN RUFFRIDGE, CR &R INCORPORATED President Schafer introduced Mr. Dean Ruffridge of CR &R Incorporated who in turn introduced Ms. Joyce Amato, Chief Financial Officer and Vice President Mr. George Lazaruk. Mr. Ruffridge stated the main issue he will address revolves around rates: "The net rate is really in the middle of the current Orange County rates. Some cities have eliminated franchise fees, recently, the cities of Dana Point, Orange, Aliso Viejo, all of the Orange County franchise areas as well as Tustin, to keep their rates low. Commercial users in some cities pay a much higher franchise fee and without any residential franchise fee such as Dana Point; they eliminated their residential franchise fees to keep their rates low. This allows residential rates to be somewhat lower than a residential -only franchise which is the case here in Costa Mesa. Mr. Ruffridge stated he believes after July 1, 2010 there will be six to ten cities with higher rates than $19.95, the rate of the Costa Mesa Sanitary District, based upon landfill increases and cost of living • COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 increases in Orange County. Although I noted your rate from CR &R is in the middle of the Orange County pack I believe this Board essentially wanted the gross figure of $19.95 to be in the middle of the pack over a period of time. CR &R believes this can be accomplished, however, it will take time. CR &R did not ask for rate increase but asked for a meeting with the Board to negotiate any adjustments charged otherwise the CMSD Staff report is very detailed and is a good report. CR &R appreciates the relationship and history with the CMSD. Even as landfill rates are going up 36% in Orange County July 1, 2010, CR &R has been able to control the cost of doing business in these economic times. CR &R offers the following consideration: 1. CR &R will replace our existing diesel collection fleet totally within the next four years. 2. CR &R offers the Board not to request a CPI increase on the hauling component of the current rate and will maintain the current $9.15 hauling rate for the next year. 3. CR &R will not request a CPI increase on the processing /recycling component of the rate and will maintain the current $52.22 per ton rate. 4. CR &R proposes not to increase the CRT processing rate of $52.22 due to the landfill increase July 1, 2010. We do, however, reserve the option to review this and the impact on our company annually going forward; but, we will not increase your rate for the 2010 -2011 fiscal year." Mr. Ruffridge thanked the President and the Board for allowing him to speak at this meeting. President Schafer queried Mr. Ruffridge for the status of the Perris plant. Mr. Ruffridge replied the Perris Plant is moving forward. Mr. Ruffridge stated he would send a report from Mr. Paul Relis on the status of the plant. CR &R was selected as one of three companies to enter into a Memorandum of Understanding (MOU) with Los Angeles County to develop an alternative technology to landfill. CR &R and Los Angeles County will jointly work to develop a 150 ton per day Anaerobic Digester (AD) system to be co- located with CR &R's Perris MRF/Transfer station. Under the MOU, Los Angeles County will assist CR &R in obtaining grant funding for the project. Mr. Ruffridge stated he will send the report from Paul Relis to Ms. Revak on Friday, May 28, 2010. Director Monahan questioned if a goal is to get to a single franchise hauler and if the process isn't started. now, the concern is if we put off going out to bid for another year, it delays another year of having a franchise for both the residential and commercial in the event the City and the CMSD come to an agreement. Discussion was held on this subject. Mr. Ruffridge proposed CR &R take a rate survey at July 1, 2010 after new rates have been adopted by Orange County agencies. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 GENERAL MANAGER'S REPORTS (CONTINUED) RECYCLING COMMITTEE Director Ooten gave a report on the May 24, 2010 Recycling Committee meeting. Ms. Throop of CR &R, Inc. reported on the Orange County Green Fair at the Santa Ana Civic Center on May 20, 2010.. The quarterly grant status report was discussed. The District generated $8,180 in additional funds from the sale of Earth Machines to residents of Costa Mesa. Director Ooten reported the public outreach recycling booth at the Costa Mesa Community Run April 23 -24, 2010 was successful as was the Summer Safety Expo held on May 16, 2010. Director Ooten suggested new goals for the Committee be established based on the new Strategic Plan. ENGINEER'S REPORTS 789 PAULARINO AVENUE, ILLEGAL SEWER CONNECTION Mr. Harriers reported on a property located at 789 Paularino Avenue connected illegally to the CMSD sewer system by constructing a lateral from 789 Paularino across the property line of 795 Paularino Avenue and into the private sewer of 795 Paularino. Both properties are owned by Ms. Jean L. Park. The property at 789 Paularino has never been annexed to the Costa Mesa Sanitary District. Mr. Hamers stated Staff is requesting at the very least, the Board request the property owner to pay annexation and connection fees. The Board directed Staff to request an inspection of the property, document reasonable efforts and, if compliance by the property owner is not obtained, Mr. Carroll will contact Mr. Burns to have an inspection warrant issued to inspect the property. The matter was referred to the Sewer System Committee to resolve and report back to the Board of Directors. SEWER SYSTEM COMMITTEE Director Monahan reported on the Sewer System Committee meeting held on Tuesday, May 18, 2010. There was one small sewer spill on Iowa Street that was completely contained. Private pumping stations were discussed. The Santa Margarita force main spill of 900,000 gallons was discussed. Flushable, non -woven products were mentioned and AB 2256. A handout on the subject from Central Contra Costa Sanitary District was provided. Updates on GIS, SCADA, the CCTV program were provided. TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE MEETING Mr. Davis reported on the Investment Oversight Committee meeting held at 5:00 p.m. on May 27, 2010. • COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 ATTORNEY'S REPORTS Claim by Back Bay, Ltd. For Property at 2651 -1675 Irvine Avenue (CMSD Project #168 — Irvine Pump Station Relocation) Mr. Burns reported the Back Bay Center litigation settled in the amount of $1 M. The District was totally indemnified. Mr. Burns reported there will be a settlement hearing and there are a few issues outstanding. CMSD Ordinance No. 77, Enacting an Administrative Citation Svstem Mr. Burns presented for the Board's consideration, an Ordinance enacting an administrative citation system for the District's Operations Code. This ordinance allows a code violation to be prosecuted civilly. Because violations would be civil, the offender would not be subjected to criminal sanctions. Staff would still have discretion to cite violations as criminal offenses when appropriate. Director Ferryman moved to adopt Ordinance No. 77. Director Perry seconded the motion. Motion passed 5 -0. • CLERK OF THE DISTRICT REPORTS CMSD RESOLUTION No. 2010 -779 Ms. Revak presented CMSD Resolution No. 2010 -779, Ordering that Publication of Ordinance No. 75 Revising the Plan Check, Inspection, Permit & Annexation Fee Provisions of the District Operations Code has been published. Director Monahan moved to adopt CMSD Resolution No. 2010 -779. Director Perry seconded the motion. Motion carried 5 -0. ELECTION 2010 Ms. Revak reported on the November 2, 2010 Election. Directors Arlene Schafer, Gary Monahan and Robert Ooten are incumbents of the three Director seats to be filled in the 2010 election. Ms. Revak stated candidate statements are limited to 200 words paid for by the candidate, per the CMSD operations code, and the candidate filing period is July 12 through August 6, 2010, 5:00 p.m. The Candidate Handbook will be completed the last week of May and will be posted on the Registrar of Voters website. CITY CLERKS ASSOCIATION OF CALIFORNIA CONFERENCE - APRIL 26-30, 2010 Ms. Revak reported on the City Clerks Association of California conference held April 26 -30, 2010 and expressed her appreciation to the Board for giving her the opportunity to attend the worthwhile conference. • COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported on the OCSD meeting held May 26, 2010. Larry Crandall was elected Chairman and Troy Edgar was elected Vice Chair. The Board approved some language in the agreement with the County of Orange with regard to the SARI line. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported he and Director Ferryman attended the Santa Ana River Flood Protection Agency meeting held at 4:00 p.m. May 27, 2010 and presented the highlights of the meeting. Director Perry reported status of the Santa Ana River project was given; discussion of alternatives for the future role of the SARFPA in view of the original purposes outlined in the bylaws; review of compensation for the Executive Director and a recommendation to the full agency meeting for approval of the 2010 -2011 budget. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) • President Schafer reported on the May 4, 2010 meeting. Discussion was held on topics for future meetings that would be of interest to everyone. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) President Schafer was unable to attend the May 12, 2010 LAFCO meeting due to her attendance at the CSDA Legislative Days. The oath of office will be taken for the re- elected members at the June 9, 2010 meeting and a review of interviews for the private sector member will also be addressed. CHAMBER OF COMMERCE President Schafer reported on the May 5, 2010 meeting of the Chamber of Commerce. General Manager Scott Carroll also attended the meeting. Updates were given by representatives of the status of the entity they represented. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported on Legislative Days held in Sacramento May 10 -12, 2010. President Schafer, Director Ferryman and General Manager Scott Carroll attended. President Schafer reported there were 140 attendees; the speakers were good and it was a great opportunity to be heard in the Capitol. The three representatives from CMSD attended a few receptions and had the opportunity to meet with Assemblyman Jim Silva. • COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 CSDA ANNUAL CONFERENCE - SEPTEMBER 20- 23.2010 President Schafer reported the CSDA Annual Conference is being held at the Newport Beach Marriott Hotel September 20 -23, 2010. Directors planning to attend are President Schafer, Directors Ooten, Ferryman and Perry and each Director will advise Ms. Revak of the days they plan to attend. Director Ooten moved to approve President Schafer's stay at the hotel during the conference as she is Chair of the Conference. Director Perry seconded the motion. Motion carried 5 -0. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) The CASA Spring Conference was held at the Newport Beach Marriott Hotel April 28 -30, 2010. President Schafer, Director Ferryman and General Manager Scott Carroll attended. Ms. Revak advised the Ethics Course will be offered at the conference. INTEGRATED WASTE MANAGEMENT COMMISSION MEETING Director Ooten attended a meeting of the Integrated Waste Management Commission on May 13, 2010. Trash laws and regulations were discussed. Revenues are going down. AB 939 was discussed as well as grants offered by the Commission. A large amount of revenue is spent on educational purposes. A large portion is allotted to the Discovery Center in Santa Ana. OLD BUSINESS There was no old business to discuss. NEW BUSINESS CHANGE OF JUNE 2010 REGULAR BOARD MEETING DATE TO MONDAY JUNE 21 2010 AT 5:30 P.M. President Schafer requested a change in the date for the regular June Board of Directors meeting. Director Monahan moved to change the date to Monday, June 21, 2010. Director Perry seconded the motion. Motion passed 5 -0. President Schafer requested an item be considered as the need arose after posting of the agenda. Director Monahan moved to consider the item. Director Perry seconded the Motion. Motion carried 5 -0. 0 COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 27, 2010 CMSD RESOLUTION NO. 2010-781 - A RESOLUTION IN SUPPORT OF SOUND STATEWIDE POLICIES THAT ADVANCE CLEAN AND SUSTAINABLE LOCAL WATER SUPPLIES Director Monahan moved to adopt Resolution No. 2010 -781, as well as a letter to the State Water Resources Control Board urging review of the petition pending regarding the San Diego Regional Water Quality Control Board's NPDES requirements for the South Coast Water District's Groundwater Recovery Facility (GRF). Director Ooten seconded the motion. Motion carried 5 -0. President Schafer requested an item be considered as the need arose after posting of the agenda. Director Monahan moved to consider the item. Director Ferryman seconded the Motion. Motion carried 5 -0. ASSEMBLY BILL 155 (MENDOZA - OPPOSE VERSION: AS PROPOSED TO BE AMENDED FROM APPROPRIATION SUSPENSE FILE Director Monahan moved to send a letter to the Honorable Tom Harman in opposition to Assembly Bill 155. Director Ooten seconded the motion. Motion carried 5 -0. General Manager Scott Carroll will draft a letter to Senator Harman for signature by President Schafer. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS President Schafer stated there will be a Closed Session at the June 21, 2010 meeting for the purpose of evaluating the General Manager. Evaluation forms were distributed to the Directors. Director Monahan questioned Mr. Carroll on when the postcard mailing would have to go out in order to change the sewer or trash rates. Mr. Carroll stated there would not be a rate increase, therefore, a postcard mailing is not required. Director Monahan reported on the latest meeting with the Governor's office on the Orange County Fairgrounds. Negotiations are going forward. The next meeting in Sacramento is June 7, 2010. Director Monahan also reported the Orange County Register newspaper stated the City of Costa Mesa's action to be a "rule of law" city has the State Latino caucus all up in arms and they are threatening to block the legislation to allow the sale of the Fairgrounds to the City of Costa Mesa to punish the City for being a "rule of law" city which basically says Costa Mesa is not a sanctuary city. President Schafer also requested Staff to send a letter to Katrina Foley on being named Citizen of the Year by Orange Coast College. Ms. Revak will draft the letter for President Schafer's signature. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING y HELD MAY 27, 2010 • President Schafer adjourned the meeting at 7:32 p.m. -Seer. a rj.,' • • President