Loading...
Minutes - Board - 2010-06-21COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JUNE 219 2010 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on June 21, 2010 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF Director Perry 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 Ruff ridge George Lazaruk CR &R, Incorporated 11292 Western Avenue Stanton, CA 90680 COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 ANNOUNCEMENT OF LATE COMMUNICATIONS PAGE 2 Ms. Revak reported there was a communication received after posting the agenda and mailing the Board packet. The item will be considered under "New Business ". CONSENT CALENDAR Director Ferryman moved to approve the Consent Calendar. Director Perry seconded the motion. Director Ooten requested the minutes reflect only the public spills and not include the private spills in the SSO report. Mr. Burns requested a change in the minutes of the May 27, 2010 under "Back Bay" and would like the phrase "settlement hearing" changed to "settlement agreement ". Director Ferryman moved to amend his motion as stated by Director Ooten and Mr. Burns. Director Perry seconded the amended motion. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Sewer System Committee Meeting — May 18. 2010 The Minutes of the Sewer System Committee Meeting of May 18, 2010 were approved as distributed. Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee — May 24, 2010 Meeting of May 24, 2010 were approved as distributed. Minutes of Investment Oversight Committee Meeting - May 27, 2010 Minutes of Special Meeting — May 20, 2010 Minutes of the Regular Board of Directors Meeting — May 27, 2010 The Minutes of the Investment Oversight Committee Meeting of May 27, 2010 were approved as distributed. The Minutes of the Special Board of Directors Meeting of May 20, 2010 were approved as distributed. The Minutes of the Regular Board of Directors Meeting of May 27, 2010 were approved as distributed. Refunds There were no refund requests for the month of May 2010. • • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 PAGE 3 Occupancy Report and Payment of The Trash Occupancy Count documented $196,795.32 to Costa Mesa Disposal — no increase for the occupancy report for May 2010 solid waste collection as of June 1, 2010. Therefore, the total for May is 21,495 and the payment of $196,795.32 was ratified. Monthly Spill Report to State Water Resources Control Board Waste Diversion Report for May 2010 Contract Payment of $158,040.17 to CR Transfer —May 2010 Contract Payment of $9,919.18 to CR Transfer — Santa Ana Heights /Newport Beach — May 2010 Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report Howard S. Wright Contractors Invoice in the amount of $288,977.04 TREASURER'S REPORTS Financial Report as of May 31, 2010 The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for June 2010 was accepted as submitted. The Waste Diversion Report dated May 2010 was accepted as submitted. The contract payment of $158,040.17 to CR Transfer for recycling services and disposal for the month of May 2010 was ratified as submitted. The contract payment of $9,919.18 to CR Transfer for recycling services and disposal for Santa Ana Heights /Newport Beach for the month of May 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 May 31, 2010 in the amount of $288,977.04 was ratified as submitted. The Financial Report as of May 31, 2010 was accepted as submitted. • • • COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 Treasurer's Report as of May 31, 2010 Warrant Register for the month of May 2010 in the amount of $1,012,479.03 Directors Compensation & Reimbursement of Expenses for the month of May 2010. PUBLIC COMMENTS The Treasurer's Report as of May 31, 2010 was accepted as submitted. . Warrant Resolution #CMSD 2010 -12 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 $1,012,479.03. Director Compensation and Expense Reimbursements for the month of May 2010 were approved and ratified as follows: President Schafer: $1,326.00 + $75.18 Vice President Ooten: $1,326.00 + $4.00 Director Monahan: $663 Director Ferryman: $1,326.00 + $45.50 Director Perry: $884.00 END OF CONSENT CALENDAR There were no public comments. WRITTEN COMMUNICATIONS Ms. Revak presented a thank you from Becky Bailey - Findley for the time spent in providing input for a pre- existing conditions report regarding the OCFEC. GENERAL MANAGER'S REPORTS CMSD RESOLUTION NO. 2010 -784 - ADOPTING A BUDGET FOR FISCAL YEAR 2010 -2011 Mr. Carroll presented the proposed budget for Fiscal Year 2010 -11. A spending plan in the amount of $10, 546,070 is proposed. Staff recommendations presented are as follows: 1. Adoption of CMSD Resolution No. 2010 -784 adopting a budget for Fiscal Year 2010 -11. 2. Consider directing Staff to submit a notice of termination to CR &R Waste & Recycling Services effective July 20, 2016. • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 3. Consider directing Staff to solicit bids from qualified refuse and recycling collection companies to occur in Fiscal Year 2015 -16. 4. Approve the proposed solid waste stabilization plan for District residents at $19.95 per month. 5. Consider establishing an unrestricted fund balance for solid waste that equates to 20% of its total operating budget. Mr. Carroll noted, as directed by the Board on May 20, 2010, Staff added a new program for school scholarships in the amount of $1,000. This money is budgeted in the Public Information /Education /Promotion line item. A total of $26,000 is budgeted in this line item. With regard to solid waste rates, on May 27, 20101 CR &R officials attended the Board meeting on an invitation from the Board of Directors. At the meeting, CR &R's proposal for the 2010 -11 Fiscal Year are no CPI increases for the hauling and recycling /disposal rates and they are not requesting the District pay for any share of the landfill tipping fee increase that will go into effect on July 1, 2010. Director Monahan requested a discussion on Contract services increasing from $680 (09 -10) to $50,000. Mr. Carroll explained $45,000 will be used to fund a study on commercial refuse and recycling collection services. The study conforms to a goal established in the District's Strategic Plan. The remaining $5,000 will be used to fund the solid waste portion of the asset management study. Director Monahan stated his belief that the study would be a waste of money and would like to wait a year. Director Ooten moved to delete the study of commercial hauling from the Strategic Plan, wait one year to have discussions on whether to go out to bid for solid waste service and to approve CMSD Resolution No. 2010 -784 Adopting a Budget for Fiscal Year 2010 -2011. Director Monahan seconded the motion. Motion carried 5 -0. Mr. Ruffridge of CR &R stated his appreciation to the CMSD for waiting another year before going out to bid on the solid waste contract. He noted the rates of many other cities /entities are going up and a rate survey will be conducted after July 1, 2010. RECYCLING COMMITTEE Director Ooten gave a report on the June 21, 2010 Recycling Committee meeting. Discussion of the Orange County Waste & Recycling funding and grant program was held. Also noted were the new Orange County waste disposal rates. Trisha Throop of CR &R, Inc. reported on a conference that will be held in Downey on July 14, 2010 from 9:00- 12:00. The conference will highlight CR &R's food recycling pilot program. Director Ooten reported the Committee goals will be consolidated and aligned with the Strategic Plan. Discussion was also held on reducing the frequency of the Recycling Committee to quarterly meetings. Mr. Carroll stated he would place the item on next month's agenda. • COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 ENGINEER'S REPORTS PROJECT #129 BRISTOL STREET SEWER - FINAL PHASE Mr. Hamers presented an engineer's estimate for the remainder of the sewer replacement on Bristol Street southbound from Irvine Avenue to Birch Street. The project total including design, construction, inspection and contract administration is approximately $605,946.00. Mr. Hamers presented five options to the Board of Directors and recommended the best available option is to install the new sewer by the no -dig pipe bursting method. Mr. Hamers noted many agencies in Southern California have successfully completed construction of their facilities using this method. This option would require a few excavations to create pits for bursting equipment, but these smaller excavations would not compromise the integrity of the water line. The pipe bursting method also involves the requisite relocation of the portion of the water line where it crosses the existing sewer and reconnecting the four sewer laterals after the bursting operation. Because the existing sewer line is 8 -inch diameter, the largest line able to be installed using pipe bursting is 12 -inch, which is smaller than the originally planned 15 -inch sewer main. District Staff reviewed the hydraulics of the new sewer and found 12 -inch to be an acceptable size to handle the master planned flows from the east Santa Ana Heights area. This section of the sewer line, from Birch to Irvine, has • less flow than the line from Irvine to the Autoplex, and the proposed 12 -inch line will only be slightly above half full at peak flow. Mr. Hamers reported obtaining a courtesy bid for construction, a soils report and traffic control services. Mr. Hamers also submitted a cost estimate to perform design and contract administration services. The total cost is $605,946 and the funding sources to pay for this project are identified as follows: OCDA $424,148 70.00% IRWD 14,955 2.47% CMSD 166,843 27.53% OCDA's contribution is the balance of the budget approved by the Board of Supervisors for this project. IRWD contribution is for relocating their water line, leaving 27.53% of remaining revenues coming from the District. There is $700,000 available in Project #183 and $166,843 can be transferred from this project to the Bristol Street Sewer project. Mr. Carroll reported he met with the General Manager of the Irvine Ranch Water District and provided the numbers requesting IRWD provide the $15,000. ' Mr. Jones said he will get back with the District regarding IRWD monetary participation. Mr. Carroll requested the Board consider approving the amount from CMSD of $166,843 and • $15,000 in the event the IRWD does not agree to fund their portion. Mr. Burns recommended awaiting a verbal agreement to the assignment of costs before preparing an agreement. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 Director Monahan moved to approve a CMSD expenditure of $181,798 for the project Director Ooten seconded the motion. Motion carried 5 -0. SEWER SYSTEM COMMITTEE Director Monahan reported he did not attend the Sewer System Committee meeting held on Tuesday, June 15, 2010. Mr. Hamers and Mr. Fauth provided a report on the meeting. There were no spills in the past month. Maps were provided on the OCSD Member Agency 1/1 Survey and 1/1 Reduction Strategy. Mr. Hamers reported a discussion of Project #171 Irvine Pumping Station Force Main Rehabilitation was held. Mr. Hamers reported on the CMSD FOG Program improvements and regulating odor, and the Committee proposed the Board direct Mr. Burns to add the ability to regulate on odor into the CMSD Ordinances. The Board also requested EEC provide additional suggestions and /or recommendations to strengthen the FOG Ordinances. Mr. Hamers reported on the proposed EPA NPDES regulation of sewer systems. Mr. Fauth reported on the conversion of the sewer atlas to GIS with the atlas 95% complete. An update on the CMSD Sewer cleaning program was provided. Plumbers Seminars were held at the District office on May 14 and May 25, 2010 and it is proposed to hold the seminars annually. President Schafer requested an update on the Yard and Mr. Hamers reported the LEED accreditation is not finalized and it is still undetermined if the rating will be Gold or Platinum. The final determination is made by the United States Green Building Council. The next meeting of the Sewer System Committee is July 13, 2010 at 10:30 a.m. TREASURER'S REPORTS INVESTMENT POLICY FOR FISCAL YEAR 2010-11 Mr. Davis provided a red -lined version of the Statement of Investment Report for Fiscal Year 2010 -11. This policy provides the framework for investing the District's idle.funds. Mr. Davis pointed out a statement of investment policy is no longer required by the California Government Code, however, Section 53646 of the Code allows the treasurer of a local agency to submit such an annual statement to the Board for consideration and review. Staff believes it is prudent to continue to do so. When approved, the changes will be incorporated into the Policy and it will be distributed to the brokers assisting the District with the investment of its idle funds. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 • CMSD RESOLUTION NO. 2010 -785 - ADOPTING AN INVESTMENT POLICY FOR FISCAL YEAR 2010 -2011 Mr. Davis presented CMSD Resolution No. 2010 -785 — Adopting an Investment Policy for Fiscal Year 2010 -2011. Director Monahan moved to adopt the Resolution No. 2010- 785. Director Ooten seconded the motion. Motion carried 5 -0. ATTORNEY'S REPORTS Claim by Back Bay, Ltd. For Property at 2651 -1675 Irvine Avenue (CMSD Project #168 — Irvine Pump Station Relocation) Mr. Burns presented the Back Bay Center settlement agreement. Director Monahan moved to approve the Settlement Agreement. Director Ooten seconded the motion. Motion carried 5 -0. CMSD Resolution No. 2010 -786 — Designating the District Code Enforcement Officer as Employee Authorized to Issue Administrative Citations. Mr. Burns presented a resolution designating the District Code Enforcement Officer Isidro Gallardo as the employee authorized to issue administrative citations. Mr. Burns noted the Board adopted the administrative citation system authorizing civil fines for District Code violations, and the person authorized to issue such citations should be knowledgeable about the elements of the offenses and have the ability to complete and issue a citation. Mr. Burns stated Isidro Gallardo is qualified under the Penal Code Section 853.6 course to issue criminal citations so he would have the necessary expertise to issue a civil citation, which is very similar. Director Ferryman moved to adopt Resolution No. 2010 -786 Designating the District Code Enforcement Officer as Employee Authorized to Issue Administrative Citations. Director Monahan seconded the motion. Motion carried 5 -0. Agreement for Consultant Services for California Statewide General Waste Discharge Requirements (GWDR) Fats, Oils & Grease (FOG) Control Program Phase IV — Continued — CMSD Project No. 180. Mr. Burns presented an Agreement for Consultant Services with Environmental Engineering and Contracting, Inc (EEC). Director Monahan moved to approve and execute the agreement with EEC. Director Perry seconded the motion. Motion carried 5 -0. • COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21; 2010 i Agreement for CMSD Information Technology System Maintenance Mr. Burns presented an Agreement for providing information technology system maintenance with Technology Resource Center (TRC). Director Monahan moved to approve and execute the agreement with TRC. Director Perry seconded the motion. Motion carried 5 -0. Addendum No. 2 to Agreement with Curbside, Inc. for Door -to -Door Household Hazardous Waste (HHW Operational Plan) Mr. Burns presented Addendum No. 2 to the Agreement with Curbside, Inc. to perform tasks described and set forth in the Door -to -Door Household Hazardous Waste (HHW) Operational Plan. Director Ferryman moved to approve and execute Addendum No. 2 to Agreement with Curbside Inc. for Door -to -Door Household Hazardous Waste (HHW Operational Plan). Director Ooten seconded the motion. Motion carried 5 -0. CLERK OF THE DISTRICT REPORTS CMSD RESOLUTION No. 2010 -782 • Ms. Revak presented CMSD Resolution No. 2010 -782, Ordering that Publication of Ordinance No. 76 Revising the Charges Collected by the District and Establishing that Fixture Fees are Capacity Charges and Making Related Clarifyiing Changes has been published. Director Monahan moved to adopt Resolution No. 2010 -782. Director Ooten seconded the motion. Motion carried 5 -0. CMSD RESOLUTION No. 2010 -783 Ms. Revak presented CMSD Resolution No. 2010 -783, Ordering that Publication of Ordinance No. 77 Enacting an Administrative Citation System has been published. Director Ooten moved to adopt Resolution No. 2010 -783. Director Monahan seconded the motion. Motion carried 5 -0. CMSD RESOLUTION No. 2010 -787 Ms. Revak presented CMSD Resolution No. 2010 -787, Approving OCCOG Joint Powers Agreement. Ms. Revak reported CMSD Staff has reviewed the OCCOG documents and recommends that the CMSD continue to be a member agency of OCCOG and recommends the CMSD Board of Directors adopt the resolution to execute the amended and restated OCCOG joint powers agreement. Director • Monahan moved to approve CMSD Resolution No. 2010 -787. Director Ooten seconded the motion. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 • LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (0 SD) Director Ferryman reported the OCSD meeting will be held June 23, 2010 and he will give a report at the next CMSD regular Board meeting. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported the regular meeting will be held on June 24, 2010 and he will provide a report at the next CMSD Regular meeting. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer attended the ISDOC Executive Committee on June 1, 2010 and reports were given by all the committees within ISDOC. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) President Schafer reported on the June 9, 2010 LAFCO hearing. There were three public hearing items: Three Arch Bay CD's request to withdraw application for activation of latent powers (for activation of Parks and Recreation power); Sphere of Influence update was provided for the City of Rancho Santa Margarita involving Coto de Casa, Stonecliffe, Wagon Wheel and Las Flores. The item was continued. There were two proposed annexations to the City of La Habra, Hensel and Chestnut. Interviews for the regular public member position were conducted and Susan Wilson was selected. CHAMBER OF COMMERCE President Schafer reported on the June 2, 2010 Chamber of Commerce meeting. A representative of Dana Rohrabacher was present and reported on bills at the congressional level. The Edison Co was represented by Michelle Steel who spoke. on Utilities Smart Meters. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended a Performance Committee at the CSDA in Sacramento on June 10 -11, 2010. On June 24, 2010 President Schafer will chair a joint Membership /Education meeting. President Schafer continues to work with the Sacramento office on the Annual Conference in September 2010. • • COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 PROPOSED CSDA BYLAWS AMENDMENTS Proposed amendments to the CSDA Bylaws were presented. The main reason for the proposed change to the bylaws is to redefine CSDA voting members and non - voting associate members. A few other changes have been made and are indicated on the major Amendments Summary provided. Director Monahan moved to approve the CSDA Bylaws Amendments as presented. Director Ferryman seconded the motion. Motion carried 5 -0. CSDA ELECTION FOR REGION 6, SEAT B CSDA provided mail ballot information for use in voting to elect a representative to the CSDA Board of Directors in Region 6, Seat B. Each of CSDA's six regional divisions has three seats on the Board. Each of the candidates is either a Board member or management -level employee of a member district located in the geographic region. Each regular member (District) in good standing is entitled to vote for one (1) Director to represent its region. Director Ferryman moved to cast the CMSD vote for Arlene Schafer. Director Perry seconded the motion. Motion carried 5 -0. i WACO The WACO meeting was held on June 4, 2010. Jack Foley gave an update on the budget. John Withers gave a LAFCO update and Peer Swan gave a report on the conference in Monterey. David Cordero reported the unemployment rate in California is 11 %. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Ms. Revak presented the registration brochure for the CASA 55th Annual Conference in Monterey. President Schafer, Directors Ooten, Ferryman and Perry plan to attend as well as General Manager Scott Carroll. Ms. Revak will make the hotel and conference reservations. 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 with a large portion allotted to the Discovery Center in Santa Ana. • • CQSTA MESA SANITARY DISTRICT PAGE 12 M114UTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 OLD BUSINESS Director Ferryman requested the status of the website. Mr. Fauth reported Staff has met with Computer Masters on several occasions and they assured Staff the site will be up on June 30, 2010. The Board expressed their displeasure at the length of time it is taking to get the website up and running after the abandonment of the previous website host. NEW BUSINESS SDRMA RENEWAL IN THE AMOUNT OF $65,714.87 Director Monahan moved to approve the SDRMA Renewal in the amount of $65,714.87 Director Ooten seconded the motion. Motion carried 5 -0. CALIFORNIA WATER ENVIRONMENT ASSOCIATION (CWEA) Director Ooten requested approval to attend the CWEA State Collection System Committee 2010 Mid - Summer meeting on July 16 and 17, 2010 in Morro Bay, Director Perry moved to approve Director Ooten's attendance at the CWEA Mid - Summer meeting on July 16, 17, 2010 in Morro Bay. Director Ferryman seconded the motion. Motion carried 5 -0. SENATE BILL 972 (WOLK) LETTER OF OPPOSITION) President Schafer brought up a non - Agenda item that came up after the posting of the Agenda. Director Ferryman moved to consider the non - agenda item as the need arose after the posting of the Agenda. Director Perry seconded the motion. Motion carried 5 -0. Director Monahan moved to approve the letter to the Honorable Van Tran in opposition to Senate Bill 972 (Wolk). Director Perry seconded the motion. Motion carried 5 -0. CLOSED SESSION — EVALUATION OF GENERAL MANAGER PURSUANT TO GOVERNMENT CODE §54957 President Schafer adjourned the meeting to Closed Session at 7:12 p.m. for Evaluation of the General Manager Pursuant to Government Code §54957. President Schafer announced the five Directors, Mr. Alan Burns, Legal Counsel and Mr. Carroll were present in the Closed Session. Mr. Carroll was interviewed on the first six months as General Manager of the Costa Mesa Sanitary District. Mr. Burns and Mr. Carroll were asked to step out of the room while discussion resumed. President • Schafer reported Mr. Carroll was called back into the Closed Session and was given a grade from Above - Average to Excellent. The Board is very pleased with Mr. Carroll's first six months as General Manager. He has communicated well with the Board, shown COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 21, 2010 C7 good leadership ability and has done well in public relations in the community. His financial interest for the District has pleased the Board of Directors. At 8:00 p.m. the Closed Session was adjourned. President Schafer announced the Board completed the interview procedures and called Mr. Carroll into the conference room and expressed to him how pleased the Board of Directors is with his performance The District will present him with a one -time only $3,000 bonus as evidence of the Board's satisfaction. President Schafer adjourned the meeting at 8:05 p.m. - S(idreta l President • U