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Minutes - Board - 2011-07-28• • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 289 2011 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on July 28, 2011 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF Director Perry led the Pledge of Allegiance. ALLEGIANCE INVOCATION Director Scheafer led the Invocation. ROLL CALL DIRECTORS PRESENT: Robert Ooten, James Ferryman, Mike Scheafer, Art Perry DIRECTORS ABSENT: Jim Fitzpatrick 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 George Lazurak, CR &R Inc.. • • • COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 ANNOUNCEMENT OF LATE COMMUNICATIONS There were no late communications. CONSENT CALENDAR REPORTS MINUTE APPROVAL Minutes of Sewer System Committee The Minutes of the Sewer System Committee Meeting — June 14, 2011 Meeting of June 14, -2011 were approved as distributed. Minutes of Recycling Committee Meeting The,Minutes of the Recycling Committee June 20, 2011 Meeting of June 20, 2011 were approved as distributed.. Minutes of Regular Board Meeting — The Minutes of the Regular Board Meeting of June 23, 2011 June 23, 2011 were approved as distributed. ENGINEER'S REPORTS Project Status Report The Project Status Report dated July 2011 was accepted as submitted. Occupancy Report and Payment of The Trash Occupancy Count documented no $197,124.92 to Costa Mesa Disposal — increase of one unit for the occupancy report July 2011 for solid waste collection as of July 1, 2011. Therefore, the total for July is 21,531 and the payment of $197,124.92 was ratified. Contract Payment of $179,110.43 to CR Transfer —June 2011 Contract Payment of $14,327.08 to CR Transfer — Santa Ana Heights /Newport Beach — June 2011 The contract payment of $179,110.43 to CR Transfer for recycling services and disposal for the month of June 2011 was ratified as submitted. The contract payment of $14,327.08 to CR Transfer for recycling services and disposal for Santa Ana Heights /Newport Beach for the month of June 2011 was ratified as submitted. • • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 Warrant Register for the month of June 2011 in the amount of $393,676.25 Directors Compensation & Reimbursement of Expenses for the month of June 2011. Investment Report for the month of June 2011 Quarterly Budget Reports PAGE 3 Warrant Resolution #CMSD 2012 -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 $393,676.25. Director Compensation. and Expense Reimbursements for the month of June 2011. were approved and ratified as follows: President Ooten: $1,326.00 + $130.04 Vice President Ferryman: $1,326.00 + $186.71 Director Scheafer: $1,326.00 + $150.91 Director Fitzpatrick: $1,326.00 + $112.71 Director Perry: $1,326.00 + $141.86 The Investment Report for the month of June 2011 was approved as submitted. The Quarterly Budget Report were approved as submitted.. END OF CONSENT CALENDAR Director Perry moved to accept the Consent Calendar. Director Scheafer seconded the motion. Motion carried 4 -0. WRITTEN COMMUNICATIONS There were no written communications. PUBLIC COMMENTS There were no public comments. PUBLIC COMMENTS • President Ooten invited public comments. There were no public comments. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 GENERAL MANAGER'S REPORTS CALPERS PLAN AMENDMENT Mr. Carroll stated at the June 23, 2011 Board meeting the Board of Directors directed Staff to return at the July 28, 2011 meeting with a Resolution of Intent to amend the District's contract with the California Public Employees' Retirement System (CaIPERS) to provide new Miscellaneous Employees a benefit formula of 2% @ 60. In addition, under the new plan, employees will pay their portion of the retirement contribution (7% of PERSable wages) and their retirement benefits will be computed based on the average of the thirty six highest paid consecutive months as opposed to the current plan based on the twelve highest paid consecutive periods. Mr. Carroll provided a resolution as the first step in the plan amendment process. Mr. Carroll also provided a Cal PERS actuarial study, detailing the annual dollar savings. Mr. Carroll explained the change in pension formula for miscellaneous new hires is expected to gradually decrease the District's retirement benefit expense. The District is required by law to provide public notice of the actuarial study two weeks • before adopting the final contract and at least 20 days must proceed the final contract adoption. Director Perry moved to adopt the Resolution of Intention of the Board of the Costa Mesa Sanitary District, stating its intent to amend the contract between CalPERS and the Costa Mesa Sanitary District to implement Section 20475 (2% @ 60 Full Formula) providing a second tier of a different level of benefits for new Miscellaneous Employees and at the August Board meeting adopt the final contract amendment. Director Ferryman seconded the motion. Motion carried 4 -0. CALWARN MUTUAL ASSISTANCE AGREEMENT Mr. Carroll presented a mutual aid agreement for sharing emergency resources among water and wastewater member agencies statewide. Mr. Carroll stated CalWARN stands for California Water/Wastewater Agency Response Network. The mission of CalWARN is to support and promote statewide emergency preparedness, disaster response and mutual assistance matters for public and private water and wastewater utilities. The statewide organization functions in coordination with Cal -EMA and is organized along the geographical lines established by Cal -EMA which includes six regions in the state. CMSD is located in Region 1. • • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD .JULY 28, 2011 Mr. Carroll stated the purpose for establishing CalWARN is to provide its members with: • A standard omnibus mutual assistance agreement and process for sharing emergency resources among members. • A mutual assistance program consistent with other statewide mutual aid programs and the Standardized Emergency Management Systems (SEMS) and the National Incident Management System (NIMS). • The resources to respond and recover more quickly from a disaster. • The resources to respond and recover more quickly from a disaster. • New ideas from lessons learned from disasters. Mr. Carroll explained if a catastrophic disaster occurred the District would depend on the Water Emergency Response Organization of Orange County (WEROC) to help coordinate mutual aid assistance, but if many agencies in Orange County are impacted by the same disaster mutual aid from Orange County agencies may be difficult to attain. The benefit from being a member of CalWARN is that mutual aid is available from statewide agencies. is Mr. Carroll presented a standard agreement all members must agree to. It describes the procedures for requesting mutual aid and most importantly it describes the reimbursable expenses and who is responsible for paying the reimbursements which is the member requesting the mutual aid. Mr. Carroll stated there is no cost to join CalWARN as it is supported by volunteers from members across the state. However, if CMSD makes a mutual aid request from CalWARN, expenses incurred by the responding agencies must be reimbursed by CMSD. Director Perry moved to adopt CMSD Resolution No. 2011 -801, approving the California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement. Director Ferryman seconded the motion. Motion carried 4 -0. VOLUNTEER PROGRAM FOR LITTER REMOVAL Director Perry brought up the subject of "Litter Removal" for discussion. President Ooten suggested Staff investigate the possibility of a volunteer program for litter removal. n �J U COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 LOCKABLE CONTAINERS Mr. Carroll stated, in an effort to reduce residential reports of scavenging and to protect the privacy of residents, the Costa Mesa Police Department, CMSD and CR &R Waste Services formed a partnership resulting in improved communication and increased awareness of problem areas. Two elements of the anti - scavenging campaign are the implementation of lockable trash containers and stringent enforcement of the CMSD anti - scavenging Ordinance 27. The District ordered 120 lockable trash containers to protect discards and valuable recyclables from scavengers and to improve the cleanliness of the streets. The availability of locking bins was advertised in the CMSD newsletter, the website and on Channel 24 and the District received 128 applications for the new containers. Residents wishing to participate in the program will have one of their 60 gallon carts exchanged and will have a key to lock the cart on their service day or whenever the cart is in public view and not in use. The pull of gravity opens the lid once the automatic trash truck lifts the cart to dump it. . Mr. Carroll recommends the Board approve an expansion of the anti- scavenging program to afford more residents the opportunity to benefit from the security of a lockable trash container. Under his authority the General Manager will transfer funds in the amount of $10,000 from the Capital Outlay to the Scavenging Program account. The $10,000 transfer will allow for the purchase of 120 additional lockable trash containers. President Ooten suggested the program be placed on the website. Discussion was held on the expanding the District program. Director. Scheafer moved to authorize a limit of $10,000 for 120 lockable containers. Director Perry seconded the motion. SPOKESPERSON FOR THE DISTRICT Director Perry requested this item be placed on the agenda for discussion. Concern for Board members giving statements to the press was expressed. The Board gave direction for the General Manager or the President to handle communications with the press; however, if a Staff person responsible for the particular program is contacted, it is appropriate for that person to respond. LJ • COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 UPCOMING CAR PURCHASE Director Perry stated he requested this item be placed on the agenda and suggested the District look into purchasing a vehicle from the City of Costa Mesa as they have an excess of vehicles. General Manager Carroll stated a purchase had not been made and he was looking into an electric vehicle in a step toward purchasing an alternative fuel vehicle. The vehicle the District was looking into is an electric plug -in vehicle and also uses gasoline. The vehicle gets about 40 miles per gallon on a fully- charged battery. The life - span of the vehicle is 10 -12 years. The Directors agreed the District should go "green" in their purchases where possible. The purchase of the electric vehicle is in the budget for 2011 -12 and direction from the Board is to go ahead with the purchase of an electric vehicle. RECYCLING COMMITTEE The July 25, 2011 Recycling Committee meeting was cancelled. Vice President Ferryman requested another Director take his place for the August 22, 2011 meeting. Director Perry will switch dates with Vice President Ferryman and President Ooten will chair the meeting as Director Fitzpatrick will be at the SWANA Conference. ENGINEER'S REPORTS Project #185 System Wide Sewer Reconstruction — Phase 1 Bid Opening & Recommendation for Award of Construction Contract Mr. Hamers reported on the bid opening results for Project #185 for the first phase of reconstructing the Grade 5 deficiencies in the District's sewer system. Mr. Hamers recommended the Board of Directors award a contract to the lowest responsible bidder, Sancon Engineering, Inc. of Huntington Beach, in the amount of $455,683.00 and approve a contingency budget of $45,568. Director Ferryman moved to award a contract to Sancon Engineering, Inc., in the amount of $455,683.00. Director Perry seconded the motion. Motion carried 4 -0. Contract Administration /Inspection Services for Project #185 System Wide Sewer Reconstruction Phase 1 In addition to the construction contract, the District is required to contract out • for the contract administration /inspection services to successfully administer the project. Staff obtained three informal written quotes from qualified engineering firms for contract administration /inspection services. The quotes obtained were: CJ COSTA MESA SANITARY DISTRICT PAGE 8 M114UTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 Robin B. Hamers & Associates, Inc. $24,003 Dudek $47,700 Lee & Ro, Inc. $51,948 Mr. Carroll reported he reviewed the quotes and based on his purchasing authority awarded the contract to Robin B. Hamers & Associates, Inc. for an amount not to exceed $24,003. Director Perry moved to approve the award of the Contract Administration /Inspection Services for Project #185 System Wide Sewer Reconstruction Phase 1 to Robin B. Hamers & Associates, Inc. Director Scheafer seconded the motion. Motion carried 4 -0. SEWER SYSTEM COMMITTEE President Ooten and Mr. Hamers reported on the Sewer System Committee meeting held July 19, 2011. TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE MEETING Mr. Davis reported on the Investment Committee Meeting held July 28, 2011. President Ooten and Director Perry were the alternating Directors participating in the meeting. Mr. Davis presented a review of Investment Report as of June 30, 2011. CMSD RESOLUTION NO. 2011 -802 - INVESTMENT POLICY FOR FISCAL YEAR 2011 -12 Mr. Davis presented the Investment Policy for Fiscal Year 2011 -12. Director Perry motioned to adopt CMSD Resolution No. 2011 -802. Director Ferryman moved to second the motion. Motion carried 4 -0. ATTORNEY'S REPORTS Mr. Colin Burns stated he had nothing to report. CLERK OF THE DISTRICT REPORTS ASSIGNMENT OF DIRECTORS TO COMMITTEES Ms. Revak stated this report addresses the assignment of Directors and alternates to various CMSD Committees, as directed by the Board of is Directors at the June 23, 2011 regular Board meeting, and advised: • COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 The CMSD Recycling Committee Chairman is currently Director Fitzpatrick who attends every meeting and a second Director attends on a rotating basis. CMSD Sewer System Committee members are currently President.Ooten and Vice President Ferryman. CMSD Sewer System Sub - Committee members are currently President Ooten and Director Perry. CMSD Investment Oversight Committee is attended by two Directors at the quarterly meeting on a rotating basis. The quarterly City /Districts Liaison Committee is attended by President Ooten and one other Director on a rotating basis. Director Ferryman nominated Director Perry as an Alternate for the Sewer System Committee. Director Scheafer seconded the motion. Motion carried 4 -0. . President Ooten nominated Director Scheafer as an Alternate to the Sewer System Sub - Committee. Director Perry seconded the motion. Motion carried 4 -0. Director Scheafer asked for confirmation that any Director can attend a meeting but may not speak or comment at such a meeting. This was confirmed by Attorney Colin Burns. Director Perry moved to reaffirm the appointments and alternates to the committees and approve all assignments. Director Scheafer seconded the motion. Motion carried 4 -0. To keep track of Directors serving on a rotating basis, the Clerk of the Board will maintain a list of Directors assigned to the Committees and the list will be provided to the Board on a monthly basis. Ms. Revak provided a sample list for the Investment Oversight and City /Districts Liaison Committees. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported on the OCSD meeting held on July 27, 2011. Discussion was held on OCSD negotiating with Administrative Committees on changes to retirement system. A closed session was held on dismissal of two employees. • COSTA MESA SANITARY DISTRICT PAGE 10 MIJVUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 28, 2011 SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported the Santa Ana River Flood Protection Agency meeting was cancelled this month. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) . A report on the ISDOC Quarterly Meeting and Luncheon held on Thursday, June 30, 2011 was provided by attendees, Vice President Ferryman and General Manager Scott Carroll. Director Ooten was appointed to the ISDOC Executive Committee. The next ISDOC Quarterly meeting is scheduled for September 29, 2011. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Ms. Revak reported the CASA 56th Annual Conference is being held August 10 -13, 2011 in San Diego, and requested names of those planning to attend so that hotel reservations can be made. All Board members plan to attend the CASA conference and Ms. Revak will make the reservations. • CITY DISTRICTS LIAISON COMMITTEE) The City- Districts Liaison Committee met on August 29, 2011 at Mesa Consolidated Water District. Committee members attending were President Ooten and Director Perry and General Manager Carroll. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Director Scheafer attended the Water Policy Forum and Dinner on July 21, 2011. The keynote speaker was Dr. Jerry Meral, Deputy Secretary of the California Natural Resources Agency who provided an update on the development of the Bay Delta Conservation Plan (BCDP) OLD BUSINESS There was no old business discussed. NEW BUSINESS SDRMA 2011 ELECTION • Ms. Revak presented CMSD Resolution No. 2011 -800 for the Election of Directors to the Special District Risk Management Authority Board of Directors. The SDRMA ballot calls for voting for three of the candidates for the position. • • COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING 't HELD JULY 28, 2011 Vice President moved to vote for candidate Mike Scheafer and Director Perry seconded the motion. Motion carried 4 -0. LAFCO COSTS FOR 2011 -2012 IN THE AMOUNT OF $18,880.76 Director Scheafer moved to approve LAFCO costs for 2011 -2012 in the amount of $18,880.76. Director Perry seconded the motion. Motion carried 4 -0. CSDA 2011 ANNUAL CONFERENCE - OCTOBER 10-13,2011 IN MONTEREY Ms. Revak reported on the 2011 CSDA Annual Conference being held October 10 -13, 2011 at the Monterey Marriott Hotel & Monterey Conference Center and requested approval of Board and Staff members to attend. All five Directors, Mr. Carroll and Ms. Revak were approved to attend the conference. Ms. Revak also reminded the Board the CMSD was accredited as a Special District Leadership Foundation's District of Distinction in June 2009. This accreditation is valid for two years at which time it must be reaccredited. The CMSD Districts of Distinction designation expires on June 30, 2011 and may be renewed by submitting a renewal application, supporting documentation and a $250 renewal fee. The Governance Foundations class will be offered on October 10, 2011 during the CSDA annual conference. CSDA Executive Director Neil McCormick has generously extended the June 30, 2011 deadline to October 2011. Directors Ferryman, Scheafer and Fitzpatrick will be required to take the class at the CSDA Annual Conference on October 10, 2011 in order for CMSD's accreditation as a District of Distinction to be renewed. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS ADJOURNMENT President Ooten adjourned the meeting at 6:47 p.m. (ka,-, President