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Minutes - Board - 2009-04-27• It COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 27, 2009 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on April 27, 2009, at 11:45 a.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: President Schafer called the meeting to order at 11:45 a.m. Vice President Ooten led the Pledge of Allegiance. Mr. Fauth gave the invocation. Art Perry, Arlene Schafer, Bob Ooten James Ferryman, Gary Monahan DIRECTORS ABSENT None. 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 CONSENT CALENDAR Vice President Ooten motioned to approve the Consent Calendar. Director Ferryman seconded. Motion carried 5 -0. MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 2 REPORTS MINUTE APPROVAL Minutes of City /Districts The Minutes of the City /Districts Liaison Meeting of Liaison Meeting — January January 9, 2009, were approved as distributed. 9, 2009 Minutes of Sewer System The Minutes of the Sewer System Committee Committee Meeting -- Meeting of March 11, 2009, were approved as March 11, 2009 distributed. Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting — of March 23, 2009, were approved as distributed. March 23, 2009 Minutes of Regular The Minutes of the Recycling Committee Meeting Meeting — March 20, 2009 of March 20, 2009, were approved as distributed. • Minutes of Special The Minutes of the Regular Meeting of April 3, Meeting -- April 2009, were approved as distributed. 3, 2009 MANAGER'S REPORTS REFUNDS There were no refunds for the month of April 2009. Occupancy Report and The Trash Occupancy Count documented an Payment of $196,648.83 increase of 5 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of April 1, 2009. April 2009 Therefore, the total for April is 21,479. Board directed Staff to prepare a warrant for $196,648.83 for April 2009 collection based on occupancy report. Said payment in the amount of $196,648.83 to Costa Mesa Disposal to be ratified on the May 2009 warrant register. • • 0 MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 3 Monthly Spill Report to The Monthly Spill Report to the State Water State Water Resources - Resources Control Board (SWRCB) for April 2009 Control Board was accepted as submitted. Waste Diversion Report The Waste Diversion Report dated April 2009 was accepted as submitted. Contract Payment of The contract payment of $169,772.98 to CR $169,772.98 to CR Transfer for recycling services and disposal for the Transfer — March 2009 month of March was ratified as submitted. Contract Payment of $8,830.40 to CR Transfer — Santa Ana Heights/ Newport Beach — March 2009 Ordinance Enforcement Officer's Report ENGINEER'S REPORTS The contract payment of $8,830.40 to CR Transfer for recycling services and disposal for Santa Ana Heights /Newport Beach for the month of March was ratified as submitted. The Ordinance Enforcement Officer's Report dated April 14, 2009 was accepted as submitted. Project Status Report The Project Status Report dated April 2009 was accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of March 31, 2009 was March 31, 2009 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of March 31, 2009 was March 31, 2009 accepted as submitted. Warrant 2009 -10 for Warrant Resolution #CMSD 2009 -10 was March 2009 in the amount approved, authorizing the President and Secretary of $525,326.76 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 $525,326.76. MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 4 Directors Expenses for the Director Compensation and Expense Month of March 2009 Reimbursements for the Month of March 2009 were approved and ratified as follows: President Schafer: $1,326.00 + $30.00 Vice President Ooten: $1,326.00 Director Perry: $884.00 Director Ferryman: $1,326.00 + $16.50 Director Monahan: $1,105.00 END OF CONSENT CALENDAR WRITTEN COMMUNICATION There were no written communications. PUBLIC COMMENTS • There were no public comments made. MANAGER'S REPORTS DISTRICT YARD —174 W. WILSON STREET — CMSD #187 ESTIMATE OF OVERALL CONSTRUCTION PHASE COSTS Ms. Kallab reported the estimate is a work in progress and will keep the Board apprised of the updated estimate. SELECTION OF CONTRACTOR Mr. Hamers reported the contractor and /or design team are still fine - tuning the costs which will affect the final number; therefore, the contract is not ready to be awarded. CONSULTANT CONSTRUCTION PHASE PROPOSALS Vice President Ooten and Director Ferryman attended the sub - committee meeting with the design team regarding achieving the Gold standard as opposed to the Platinum standard. Mr. Hamers reported the sub - committee is still investigating the cost savings • of the Gold and Platinum standards. Once the final numbers are reached, Staff will report with a recommendation to award including the construction phase proposals. MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 5 w STRATEGIC PLANNING WORKSHOP FOR 2009 -2010 Mr. Hamers reported the Strategic Planning Workshop for 2009 -2010 is postponed and requested consideration of a future date. President Schafer recommended a new date be determined at the May 2009 Board of Directors' Regular Board meeting. ORDINANCE ENFORCEMENT OFFICER TRANSITION Mr. Fauth reported the advertisement for the Ordinance Enforcement Officer position resulted in more than 80 applicants which will be screened to approximately five for interviews. Mr. Fauth will provide the Board members a copy of the advertisement including the job description, qualifications and pay range. At this time, the position will be offered on a part -time basis with the option to become full -time at a later date. GRANT RESEARCH Ms. Kallab reported CMSD will not be able to receive grant funds due to the District not meeting the criteria stated by SWRCB. The District Yard project is on the intended use plan list. The State Water Resource Board recommended the District consider the zero interest loan option, and Ms. Kallab is following up with a credit review and will update the Board next month. SEWER SYSTEM COMMITTEE REPORT ON MEETING HELD ON APRIL 21, 2009 Director Monahan reported the Sewer System Committee met on March 11, 2009 and discussed several items including an update on the Canyon and Harbor Pumping Station and their repairs, the final National Clay Pipe Institute Report on calcium buildup in sewer pipes, CMSD projects, and viewed a video on Infiltration and Inflow. TRANSFER OF SEWERS FROM OCSD TO CMSD Director Ooten reported OCSD engineers are estimating the costs of repairs to be done on lines to be transferred. PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM Mr. Fauth reported on the updated number of applicants completed and in process, as well as the dollars expended by fiscal year. • ,MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 6 9 SDLF ACCREDITATION Mr. Hamers attended and completed the Governance training on April 24, 2009. Ms. Revak reported President Schafer and Director Ferryman will need to take the governance class due to the time limit of five years being expired on September 27, 2009. Mr. Hamers requested Ms. Revak to investigate the issue of whether the directors need to continue with the governance classes every four years, G.M. training and the continuing education requirements to maintain SDLF accreditation. Ms. Revak will report her findings. COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT Mr. Hamers gave a brief synopsis of the County of Orange Waste Disposal Agreement whereby the amount would be raised from $22 to $29.95 per ton for the next ten years. The Board will consider the Agreement upon further study with legal counsel and discussions with County of Orange. The new contract will commence July 1, 2010, but approval and execution is required by July 23rd, 2009. President Schafer suggested the issue be placed on May's Board of Directors' meeting agenda. RECYCLING COMMITTEE — MONDAY, APRIL 20, 2009 — 11:45 A.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (VICE PRESIDENT OOTEN AND DIRECTOR MONAHAN) RECYCLING COMMITTEE GOALS FOR 2009 -2010 Vice President Ooten reported the Recycling Committee met on April 20th where Staff made several presentations that were in compliance in accomplishing the Recycling Committee Goals for 2009 -2010. ORANGE COUNTY WASTE & RECYCLING SUB - REGIONAL MEETINGS AND GRANT PROGRAM MAY 2, 2009 COMMUNITY GARDENS COMPOSTING PRESENTATION DEL MAR COMMUNITY GARDEN Vice President Ooten reported Staff discussed the next grant program with the recycling funds to be held on May 2, 2009 at the Del Mar Community Garden. Mr. Fauth prepared the application and is working on the quarterly reports for the present grant. • ,MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 7 C] CR&R REPORT ON OTHER AGENCIES RECYCLING PROGRAMS Vice President Ooten reported Ms. Trisha Throop, Community Relations Recycling Coordinator for CR &R, Incorporated attended the Recycling Committee meeting and plans to attend the CMSD Recycling Committee meetings on a regular basis. Ms. Throop will brief Staff on programs that CR &R is doing in the recycling effort. PRESENTATIONS TWO PLASTICS PRESENTATIONS TO PAULARINO ELEMENTARY, K -5, HELD ON MARCH 26, 2009 Mr. Fauth, Denise Gilbert, Janel Jackson, Debbie Bjornson and Sherry Kallab presented two plastic presentations on March 26, 2009 at Paularino Elementary School. Students grades K -5 watched the "Working for You" video presented by CMSD Staff members. WASTE -FREE LUNCH DAY AT CHRIST LUTHERAN SCHOOL - APRIL 1 AND APRIL 22, 2009 On April 1, 2009 CMSD Staff members gave a "Waste -Free Lunch Day" presentation to promote the value of reducing the amount of food & packaging waste placed in the trash. The District collected 50 pounds of trash. Staff will return on April 22, 2009 (Earth Day) to continue the "Waste -Free Lunch Day." A final presentation will be held showing the students how they have reduced the 50 pounds to a smaller amount headed to the landfill. TEWINKLE SCHOOL PLASTICS RECYCLING CHECK FOR $300 Vice President Ooten requested authorization of payment of $300 to TeWinkle School for their participation in Plastics Recycling. Director Monahan motioned for authorization of payment to TeWinkle School. Director Perry seconded. Motion carried 5 -0. "EVERYTHING GREEN" PUBLICATION IN DAILY PILOT Vice President Ooten reported on the "Everything Green" Publication in Daily Pilot. Ms. Kallab wrote a summary of CMSD's green building processes and what made it a green building, and there was a second featured article on composting. C7 ,MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 8 • COSTA MESA COMMUNITY RUN — APRIL 17-18,2009 Vice President Ooten reported Staff participated in the Costa Mesa Community Run held on April 17 -18, 2009 distributing information about the Costa Mesa Sanitary District and its many programs. REPORT ON OTHER CMSD RECYCLING PROGRAMS There were no other reports on Other CMSD Recycling Programs NON - AGENDA ITEM Mr. Fauth requested the Board address a non - agenda item that came to Staff's attention after the agenda was posted. Mr. Burns recommended the Board address a non - agenda item. Director Monahan motioned to consider the non - agenda item and findings required to consider a non - agenda item. Vice President Ooten seconded. Motion carried 5 -0. Mr. Fauth presented findings regarding the Regional Recycling and Waste Diversion Grant Program FY 2008 -09 Cycle Application. Mr. Fauth presented Resolution No. 2009 -763 -- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING A REGIONAL RECYCLING AND WASTE REDUCTION GRANT PROGRAM. Director Ferryman motioned to adopt Resolution No. 2009 -763. Director Perry seconded. Motion carried 5 -0. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers reported a seminar is scheduled for May 2009 on pumping stations. Mr. Hamers will be updating the Waste Discharge Requirement Sewer System Management Plan starting June 1st. Mr. Hamers reported WDR is working hard on the issue of calcium which has affected many agency sewers. Mr. Fauth and Mr. Dulake will be attending the CWEA presentation of the report on calcium. • MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 9 • PROJECT #183 -3 TRC PROPOSAL TO PERFORM SCADA SYSTEM MAINTENANCE Mr. Hamers reported the proposal to update our SCADA System Maintenance has not been received. Mr. Fauth reported an e-mail was received from TRC late Friday. Mr. Hamers reported the Proposal will be brought before the Board after its review at the May Board of Directors meeting. TREASURER'S REPORTS REQUEST FOR ADDITIONAL MONTHLY FINANCIAL REPORT Mr. Davis reported Staff received a request from Director Ooten for an additional financial report related to the status of the District's various ongoing CIP projects. Vice President Ooten recommended the report be generated bi- annually and included in the budget update. PRELIMINARY BUDGET FOR FY- 2009/2010 Mr. Davis requested additional time to retool the Preliminary Budget for FY- 2009/2010 due in part to information still being received from CR &R, unforeseen delays. Mr. Davis is continuing to investigate varying increases in the sewer rates to determine what impact they would have on additional revenue. Mr. Hamers reported the Capital Improvement Program for 2009/2010 is identical to 2008/2009, insofar as number of projects and dollar value and recommended the Board review that fact in the budget meeting to be held on May 8, 2009. AGREEMENT WITH ATTORNEY STEVE FILARSKY FOR PERSONNEL SERVICES Mr. Burns presented the Agreement with Attorney Steve Filarsky for Personnel Services that was authorized in closed session. Vice President Ooten motioned for approval of the Agreement. Director Ferryman seconded. Motion carried 5 -0. �J • .MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 10 ATTORNEY'S REPORT CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION) Mr. Burns reported litigation is in active mode and an attorney has been assigned to the case. Mr. Burns will continue to keep the Board apprised of any new information received regarding the case. Director Perry left the proceedings. MULTI -YEAR RATE INCREASE Mr. Burns reported on CMSD -- Yearly Trash and Sewer Rate Increases. Mr. Burns reported although the Orange County Sanitation District approved a fee escalation method that allows a yearly 10 -10.5% increase in sewer fees each year for the next five years, under a new law, the District may not impose a 10% yearly fee escalator. Mr. Burns reported that as a property- related fee subject to Proposition 218, sewer collection charges cannot exceed the cost of providing the service and cannot be increased without following certain procedural requirements. Mr. Burns expressed no 10 opinion as to whether another agency's cost escalator is still lawful. NMUSD USE OF CMSD SEWER EASEMENT Mr. Hamers introduced members of the Newport Mesa Unified School District and their associates regarding a soil remediation project and the use of Costa Mesa Sanitary District's sewer easement located between two residential homes. The School District commented on their proposed construction method which involves underground horizontal drilling so as to not disturb the ground surface. Vice President Ooten requested verification of the two homeowners' knowledge of the intended remediation project and the use of the easement prior to the commencement of the project. Mr. Tim Marsh stated both homeowners have been notified of the project. The southerly homeowner had attended a public hearing on the matter and through a letter from his lawyer requested remuneration for the use of his property. There has been no response from the northerly homeowner. As an employee of the Newport Mesa School District, Director Perry will be able to participate, if he so chooses, due to Mr. Burns reporting that public salary is excluded from the conflict of interest law. Mr. Hamers requested the issue be considered at the May Board of Director's Regular meeting to be held on May 20, 2009 at 11:45 a.m. u ,MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 11 GIS COPYRIGHTED PRODUCT AVAILABLE AS A PUBLIC RECORD (COUNTY OF SANTA CLARA V. SUPERIOR COURT) Mr. Burns reported on GIS Copyrighted Product Available as a Public Record (County of Santa Clara v. Superior Court). Mr. Burns reported the court found that the county was required to produce the record for the direct costs of duplication. Mr. Burns recommended revisiting earlier attempts to obtain county assessor records for CMSD. Mr. Hamers directed Ms. Bjornson to contact Orange County Auditor - Controller requesting the latest roll. LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) Mr. Burns provided a new guide for Board members reporting under Local Meetings. Mr. Burns reported, "In accordance with AB 1234 (Gov. Code Section 53232.5), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each 10 day's service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code Section 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation." Mr. Burns reported the list was last adjusted in 2006 and included 14 different meetings. Mr. Hamers recommended reviewing the list of meetings to see if any other local meetings need to be added. Vice President Ooten suggested placing the issue on the agenda for discussion at next month's meeting. Mr. Shef left the proceedings. ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN) Director Ferryman reported joining Santa Clara Valley Water and San Jose on a tour of the groundwater replenishment and attended the dedication ceremony of the Steve Anderson Lift Station last week. 1� ,MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 12 0 SANTA ANA RIVER FLOOD PROTECTION AGENCY SARFPA DIRECTOR PERRY Director Ferryman attended the SARFPA meeting held on March 26, 2009 and reported on the possibility of SARFPA receiving funds to continue ongoing construction. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (PRESIDENT SCHAFER President Schafer attended an ISDOC executive board meeting held on April 7, 2009 and reported on discussions regarding Legislation Bills affecting Special Districts, CSDA's chapter roundtable, and proposed chapter affiliation agreement and chapter bylaws. President Schafer reported attending a short meeting held on April 21, 2009. President Schafer reported a quarterly meeting with O.C. Board of Supervisors and Board Chair is scheduled for April 30, 2009 and reported Pat Bates will be attending. Ms. Revak reported Director Perry will be attending the April 30, 2009 Quarterly ISDOC meeting. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (PRESIDENT SCHAFER) • President Schafer attended the April 4, 2009 LAFCO meeting and reported LAFCO's proposed budget was distributed for Fiscal Year 2009/2010. Discussions held at the meeting included the adoption of the proposed LAFCO operations budget, a report on Best Practices, boundary reports, CA LAFCO Annual Staff workshop, LAFCO "101," and the alternate public member seat opening. BEST PRACTICES SUMMIT HELD ON MARCH 27, 2009 Ms. Revak reported Director Perry submitted a report involving the LAFCO Best Practices Summit held on March 27, 2009; Vice President Ooten also attended the Summit. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (PRESIDENT SCHAFER) President Schafer attended the Finance Corporation meeting of CSDA on April 12, 2009, attended a Board meeting on April 13, 2009, and then attended a Legislation Committee meeting on April 20, 2009 in Sacramento. SPECIAL DISTRICTS LEGISLATIVE DAYS — MAY 5-6,2009, SACRAMENTO President Schafer reported she will be the Master of Ceremonies at the Special Districts • Legislative Days to be held on May 5 -6, 2009 in Sacramento. • MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 13 OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE No. 55, OPERATIONS CODE SECTION 3.01.030 Vice President Ooten attended the City /Districts Liaison Committee meeting on April 10, 2009 and reported the main topic was to get the City and the Orange County Sanitation District together to discuss work that they've done and potential strategies for handling I &I in the future. Vice President Ooten attended the WDR meeting and reported on a discussion about staying in compliance with the waste discharge requirements. Vice President. Ooten reported the recommendation of making an action item list of the various parts of the waste discharge being submitted. Director Monahan attended a special budget meeting and will provide details at next month's Board meeting after receiving the action minutes. CHAMBER OF COMMERCE President Schafer attended the April 1, 2009 legislation committee meeting and received reports from Federal, State, City of Costa Mesa and the CMSD and discussed business - related type of upcoming legislation. OCCOG President Schafer did not attend the meeting. WACO President Schafer attended the April 3, 2009 WACO meeting and gave reports on LAFCO & CSDA. President Schafer reported Bill Hasencamp, Program Manager for the Colorado River Resources, spoke about managing the Colorado River to provide additional supplies to Southern California and having the ability to partner with others on water and storing it. OLD BUSINESS PROCLAMATIONS FOR COSTA MESA CHAMBER OF COMMERCE 2009 HALL OF FAME AWARDS ON APRIL 23, 2009 President Schafer presented the Proclamations from the CMSD for the Costa Mesa Chamber of Commerce 2009 Hall of Fame Awards on April 23, 2009. ,MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 14 • COMMUNITY SPIRIT AWARD FOR ALAN GREELEY OF THE GOLDEN TRUFFLE Director Monahan motioned to ratify the Community Spirit Award for Alan Greeley of the Golden Truffle. Vice President Ooten seconded. Motion carried 4 -0. CORPORATE LEADERSHIP AWARD FOR ROB LUCENTI AND STEVE PIZULA OF DELOITTE Director Monahan motioned to ratify the Corporate Leadership Award for Rob Lucenti and Steve Pizula of Deloitte. Vice President Ooten seconded. Motion carried 4 -0. INDIVIDUAL ACHIEVEMENT AWARD FOR STEVE MENSINGER, COSTA MESA POP WARNER YOUTH FOOTBALL AND CHEERLEADING Director Monahan motioned to ratify the Mensinger, Costa Mesa Pop Warner Youth Ooten seconded. Motion carried 4 -0. Individual Achievement Award for Steve Football and Cheerleading. Vice President President Schafer reported Costa Mesa Sanitary District was only verbally recognized for attending the Chamber of Commerce 2009 Hall of Fame Awards and not written in the program at the awards ceremony. Director Ferryman stated there is a separate investment fee required to be placed in the program. Director Ferryman recommended Student Awards will be held next month at the Chamber of Commerce and suggested the District's participation in the event. NEW BUSINESS SDRMA NOTICE OF NOMINATIONS FOR SDRMA BOARD OF DIRECTORS SEPTEMBER 2009 ELECTION President Schafer discussed the Notice of Nominations for SDRMA Board of Directors, September 2009 Election. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Vice President Ooten inquired as to a comment made at the Midway Sanitary District and CMSD' meeting regarding a legal opinion expressed that helped define for Staff giving opinions potentially of a vendor or contractor. 0 MINUTES OF THE COSTA MESA SANITARY DISTRICT APRIL 27, 2009 PAGE 15 • Mr. Hamers requested the minutes of the meeting to look into the matter. Mr. Burns requested a copy of the legal opinion. ADJOURNMENT President Schafer adjourned the Regular Meeting at 2:05 p.m. SECRETA Y 0 �J PRESIDENT