Loading...
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