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Minutes - Board - 2009-05-20El 0 • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 205 2009 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on May 20, 2009, at 11:45 a.m. at 628 W. 19th Street, Costa Mesa. President Schafer called the meeting to order at 11:45 a.m. PLEDGE OF ALLEGIANCE Director Monahan led the Pledge of Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, James Ferryman, Gary Monahan DIRECTORS ABSENT Bob Ooten. 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; Kaitlin Tran, Accounting Specialist I; Karl Dulake, Maintenance Supervisor; Ron Shef, Ordinance Enforcement Officer OTHERS PRESENT: None III r1 f._.J 0 CMSD BOARD OF DIRECTORS MEETING HELD MAY 20, 2009 CONSENT CALENDAR PAGE 2 Director Perry motioned to approve the Consent Calendar. Director Ferryman seconded. Motion carried 4 -0. REPORTS MINUTE APPROVAL Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting — April of April 20, 2009, were approved as distributed. 20, 2009 Minutes of Sewer System The Minutes of the Sewer System Committee Committee Meeting -- Meeting of April 21, 2009, were approved as April 21, 2009 distributed. Minutes of Regular The Minutes of the Regular Board Meeting of April Meeting — April 27, 2009 27, 2009, were approved as distributed. Minutes of Special The Minutes of the Special Meeting of May 1, Meeting — May 1, 2009 2009, were approved as distributed. MANAGER'S REPORTS REFUNDS There was one refund request for the month of May 2009 in the amount of $239.40. Occupancy Report and The Trash Occupancy Count documented no Payment of $196,648.83 increase of units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of May 1, 2009. Therefore, the May 2009 total for May is 21,479. Board directed Staff to prepare a warrant for $196,648.83 for May 2009 collection based on occupancy report. Said payment in the amount of $196,648.83 to Costa Mesa Disposal to be ratified on the June 2009 warrant register. s: 0 n CMSD BOARD OF DIRECTORS MEETING HELD MAY 20, 2009 PAGE 3 Monthly Spill Report to The Monthly Spill Report to the State Water State Water Resources Resources Control Board (SWRCB) for May 2009 Control Board was accepted as submitted. Waste Diversion Report The Waste Diversion Report dated May 2009 was accepted as submitted. Contract Payment of $166,510.79 to CR Transfer — April 2009 Contract Payment of $10,616.85 to CR Transfer — Santa Ana Heights/ Newport Beach — April 2009 Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial Report as of April 30, 2009 Treasurer's Report as of April 30, 2009 The contract payment of $166,510.79 to CR Transfer for recycling services and disposal for the month of April was ratified as submitted. The contract payment of $10,616.85 to CR Transfer for recycling services and disposal for Santa Ana He Beach for the month of April was ratified as submitted. The Ordinance Enforcement Officer's Report dated May 12, 2009 was accepted as submitted. The Project Status Report dated May 2009 was accepted as submitted. The Financial Report as of April 30, 2009 was accepted as submitted. The Treasurer's Report as of April 30, 2009 was accepted as submitted. Warrant 2009 -11 for April Warrant Resolution #CMSD 2009 -11 was 2009 in the amount of approved, authorizing the President and Secretary $642,392.98 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 $642,392.98. Directors Expenses for the Director Compensation and Expense Month of April 2009 Reimbursements for the Month of April 2009 were approved and ratified as follows: u CMSD BOARD OF DIRECTORS MEETING HELD MAY 20, 2009 President Schafer: $1,326.00 + $69.43 Vice President Ooten: $1,326.00 + $814.80 Director Perry: $1,105.00 Director Ferryman: $1,326.00 + $10.45 Director Monahan: $663.00 END OF CONSENT CALENDAR WRITTEN COMMUNICATION There were no written communications. PUBLIC COMMENTS There were no public comments made. O MANAGER'S REPORTS 0 DISTRICT YARD — 174 W. WILSON STREET — CMSD #187 ESTIMATE OF OVERALL CONSTRUCTION PHASE COSTS PAGE 4 Ms. Kallab reported the estimate of overall construction phase costs as of May 13, 2009 to be $2,349,057.91. Ms. Kallab also informed the Board the estimate is a work in progress and will keep the Board apprised of the updated estimate. SELECTION OF CONTRACTOR Mr. Hamers reported a proposed June 10th 2009 meeting will be held with members of the design team to discuss issues regarding the District Yard. The Selection of Contractor will be proposed for June's board meeting. CONSULTANT CONSTRUCTION PHASE PROPOSALS Mr. Hamers reported the consultant construction phase proposals will be forthcoming when the contractor award is recommended. CMSD BOARD OF DIRECTORS MEETING HELD PAGE 5 MAY 20, 2009 4) GRANT RESEARCH Mr. Hamers reported Ms. Kallab is attempting to submit an application on behalf of the district for a zero interest loan. STRATEGIC PLANNING WORKSHOP FOR 2009 -2010 Mr. Burns recommended continuing the issue regarding the Strategic Planning Workshop for 2009 -2010 until further notice. ORDINANCE ENFORCEMENT OFFICER TRANSITION Mr. Fauth reported the City still has not responded regarding the hiring of the Ordinance Enforcement Officer. Director Ferryman recommended hiring the Ordinance Enforcement Officer on a part -time basis so adequate training can begin with Mr. Shef before his departure. Mr. Fauth reported the position can be changed at a later time to a full -time position. The Board decided to continue with the interviews, and, in parallel with the interviews, Ocontinue checking with the City. USE OF INTERNS & VOLUNTEERS President Schafer was pleased to comment on the use of interns and volunteers at CMSD. Mr. Burns recommended adopting a resolution making interns and volunteers subject to workers' compensation due to possible injury at CMSD. SEWER SYSTEM COMMITTEE REPORT ON MEETING HELD ON MAY 19, 2009 Director Monahan reported the Sewer System Committee met on May 19, 2009 and discussed several items including the monthly spill statistics, an update on SSMP, liquid waste budget review, CMSD projects, and viewed a video on calcium deposits in pipes. TRANSFER OF SEWERS FROM OCSD TO CMSD Director Monahan reported no new information regarding the Transfer of Sewers from OCSD to CMSD. O CMSD BOARD OF DIRECTORS MEETING HELD PAGE 6 MAY 20, 2009 PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM Director Monahan reported no new information regarding the Project #186 Sewer Lateral Assistance Program. SEWER SPILL AT 327 W. WILSON Director Monahan reported some inaccuracies in the OC Register article on the sewer spill at 327 W. Wilson. Mr. Fauth met with the editor of the article, corrected issues, and provided a full copy of records supporting the facts. SDLF ACCREDITATION Ms. Revak reported the application, fee and documentation required to obtain the SDLF District of Distinction Accreditation was submitted on May 12, 2009. Ms. Revak reported Director Monahan needs to update his ethics training by September 6, 2009; all other board members are current until 2010. Ms. Revak also reported Mr. Hamers has completed the required General Manager's training on November 13, 2008. AWARD TO CMSD FROM MESA CONSOLIDATED WATER DISTRICT ON MAY 12, ON 2009 FOR CMSD's EFFORTS IN WATER CONSERVATION President Schafer attended the Mesa Consolidated Water District meeting on May 12, 2009 and was presented with a trophy awarded to CMSD from Mesa Consolidated Water District for CMSD's efforts in water conservation. President Schafer responded with a thank you letter on behalf of CMSD to Mesa Consolidated Water District. COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT Mr. Hamers recommended re- calendaring the issue regarding the County of Orange Waste Disposal Agreement until Mr. Burns has an opportunity to review it thoroughly and present a recommendation to the board with respect to signing the Waste Disposal Agreement. RECYCLING COMMITTEE — MONDAY, MAY 18, 2009 — 3:30 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (VICE PRESIDENT OOTEN AND DIRECTOR MONAHAN) BIOPLASTICS Mr. Hamers reported on the emerging technology of bioplastics and the use of alternative a plastics being offered to schools during CMSD presentations. Mr. Fauth presented bioplastic utensils to the Board. CMSD BOARD OF DIRECTORS MEETING HELD MAY 20, 2009 PAGE 7 OUTREACH /SIGNAGE OPPORTUNITY AT ESTANCIA HIGH SCHOOL STADIUM Director Monahan inquired as to the Outreach /Signage opportunity at Estancia High School Stadium. Mr. Hamers reported upon the Board's approval, $500 contribution of grant money will be used to purchase a sign advertising Costa Mesa Sanitary District at Estancia High School's Football Stadium. Director Perry reported the annual 'renewal fee for the sign will be $250 or less following the first year. Staff was also directed to inquire if there is a signage opportunity at Costa Mesa High School. Director Ferryman motioned to contribute $500 of grant money for the purchase of signage at Estancia High School's Football Stadium. Director Monahan seconded. Motion carried as follows: Ayes: Schafer, Ferryman, Monahan Abstain: Perry SIGNS FOR ORANGE COAST COLLEGE RECYCLING CENTER Mr. Fauth recommended a modification to 20 signs that are double -sided and 20 signs athat are single -sided to be displayed at Orange Coast College. Director Perry suggested inquiring as to the City's regulations regarding the usage of the signs prior to their purchase. Mr. Fauth will investigate the City's regulations on signs. Director Ferryman motioned for approval of the concept contingent on the City's approval of the usage of the signs. REPORT ON OTHER CMSD RECYCLING PROGRAMS Ms. Gilbert reported two tours have been set for the month of June 2009 for a group of fourth graders from College Park Elementary and a group of special education students from the Costa Mesa High School Annex. Mr. Fauth presented the expenses of the AB 939 Regional Recycling and Waste Diversion Grant Program and a letter from the City of Costa Mesa regarding the 2008 -09 Cycle Application. • CMSD BOARD OF DIRECTORS MEETING HELD PAGE 8 MAY 20, 2009 A ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers reported a pumping station seminar will be held on May 21, 2009. Mr. Hamers reported the August seminar topic will be the OCSD /OCWD groundwater replenishment system. PROJECT #183 -3 TRC PROPOSAL TO PERFORM SCADA SYSTEM MAINTENANCE. Mr. Hamers recommended approval of the proposal as presented in the amount of $160,202. Mr. Fauth recommended to use CMSD's standard agreement and to have the proposal as the attachment. Mr. Hamers suggested adding final language approved by the attorney for the District. Director Monahan motioned to approve the Project #183 -3 TRC Proposal to Perform SCADA System Maintenance. Director Ferryman seconded. Motion carried 4 -0. REQUEST FOR COMPENSATION INCREASE FROM MANAGERMISTRICT ENGINEER Mr. Hamers requested a compensation increase for Engineering hours provided to the District. Director Monahan suggested continuing the issue until the budget is finalized. Director Monahan motioned to continue the issue to the June 2009 Regular Board Meeting. Director Ferryman seconded. Motion carried 4 -0. ENGINEERING AND INSPECTION LIMITATIONS BEGINNING JULY 1, 2009 Mr. Hamers presented the forthcoming labor distribution beginning July 1, 2009 in accordance with the budget meeting held on May 8, 2009 which represented the man hours available for the District as requested by Director Ooten. The draftsman hours for updating the Sewer Atlas were removed from the budget and man hours for Senior Inspector Paul Guzman and Inspector Joe Limon have been reduced from a combined total of 12 hours per day to six hours.per..day. Director Monahan motioned to increase the budget to $200,000 in total, direct staff to review the District's fee schedules and inspection fees, to return the findings back to the Board after Mr. Burns' review, and to make sure this item is pulled out at the mid -year budget for review. Director Perry seconded. Motion carried 4 -0. • CMSD BOARD OF DIRECTORS MEETING HELD PAGE 9 MAY 20, 2009 OPROJECT #129 — BRISTOL STREET SEWER Mr. Hamers reported on CMSD #129 Bristol Street Sewer and requesting a budget adjustment and approval of the additional design fees and direction to seek reimbursement from OCDA. Mr. Davis reported the budget adjustment is for $15,000 funds to be reimbursed from the County. Director Monahan motioned to approve the budget adjustment for additional design fees in the amount of $15,000. Director Perry seconded. Motion carried 4 -0. TREASURER'S REPORTS RESOLUTION NO, 2009 -765 ADOPTING CMSD BUDGET FOR FY- 2009/2010 Mr. Davis introduced RESOLUTION NO. 2009 -765, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ADOPTING A BUDGET FOR THE FISCAL YEAR 2009 -10. Director Monahan motioned to approve Resolution No. 2009 -765 and to move to an 8.7 0 percent increase at $5.75 for the single family residential rate for this budget cycle Along with that motion, Director Monahan included bringing forth to Prop 218 the $5.75 with $80,000 to be allocated towards plan check and Inspection, $75,000 to be allocated to the bypass pump, and $154,600 to be allocated to miscellaneous sewer work. Director Perry seconded. Motion carried 4 -0. Director Perry left the proceedings. INVESTMENT OVERSIGHT COMMITTEE MEETING HELD MAY 20, 2009 Mr. Davis reported the following items were addressed at the May 20, 2009 Investment Oversight Committee meeting: • Treasurer's Report for April 2009 • Proposed changes to the Investment Policy to be brought back to the Board in July for consideration • Update on CalPERS investment losses BUDGET ADJUSTMENT FOR ADDITIONAL ARCHITECTURAL FEES — CMSD #187 DISTRICT YARD Mr. Davis recommended approving the budget adjustment in the amount of $22,700 to 40 provide adequate funding for reimbursable expenses and additional architectural fees associated with the design phase of the District yard. CMSD BOARD OF DIRECTORS MEETING HELD PAGE 10 MAY 20, 2009 Director Ferryman motioned to approve the Budget Adjustment for Additional Architectural Fees -- CMSD #187 District Yard. Director Monahan seconded. Motion carried 4 -0. CLARIFY DISTRICT POLICY ON EMPLOYEE CELL PHONE USE Mr. Davis provided information to the Board regarding the District's policy on cell phone use and supporting funds. Mr. Davis reported the total cell phone budget for fiscal year 2008 -09 is $7,650. The proposed cell phone budget for fiscal year 2009 -10 is $10,150. A switch to a cell phone allowance will result in a cost savings to the District, the amount of which is dependent upon the level of allowance set. Mr. Fauth reported on two plans regarding cell phone usage, an accountable plan and an allowance plan. Mr. Fauth identified individuals who need to retain the phones. Mr. Fauth also reported an adjustment may be needed regarding Mr. Dulake's cell phone usage due to the high volume of calls he receives. Mr. Davis reported the issue will be revisited at next month's Board meeting. ATTORNEY'S REPORT CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION) (Discussion held off the record regarding the Claim by Back Bay Center, Ltd. for Property at 2651 -2675 Irvine Avenue (CMSD Project #168 -- Irvine Pump Station Relocation) NMUSD USE OF CMSD SEWER EASEMENT Mr. Burns reported on the NMUSD Use of CMSD Sewer Easement and reported NMUSD's counsel reviewed and agreed with the Agreement surrounding the use of the subject easement. Director Ferryman motioned to approve the Agreement with NMUSD. Director Monahan seconded. Motion carried 4 -0. PENAL CODE SECTION 86 RESTRICTIONS ON EXCHANGING VOTES Mr. Burns reported on the Penal Code Section 86 Restrictions on Exchanging Votes and provided the Attorney General's opinion interpreting that code section. • CMSD BOARD OF DIRECTORS MEETING HELD PAGE 11 MAY 20, 2009 is REVIEW OF LOCAL MEETINGS ALLOWED FOR DIRECTOR COMPENSATION Mr. Burns reported on the Compensation Rules for Directors regarding the list of local meetings and director activities. Mr. Hamers suggested adding the City of Newport Beach, MCWD, IRWD. Mr. Burns will bring the issue back as an Ordinance amendment in the future and requested no action be taken at this time. LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN) Director Ferryman reported the Orange County Sanitation District's meeting will be held the evening of May 20, 2009. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY) There was no SARFPA meeting. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (PRESIDENT SCHAFER President Schafer attended the ISDOC Board Meeting held on May 12, 2009 and gave an update on CSDA, LAFCO and Costa Mesa Sanitary District. ISDOC QUARTERLY MEETING HELD APRIL 30, 2009 (DIRECTOR PERRY) Director Perry attended the ISDOC Quarterly Meeting held on April 30, 2009 and provided a report. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (PRESIDENT SCHAFER) President.: Schafer attended.the._May 13, 2009 LAFCO meeting. Discussions held at the meeting consisted of Los Alamitos having Rossmoor in their Sphere of Influence. The proposed budget was approved for Fiscal Year 2009/2010. • CMSD BOARD OF DIRECTORS MEETING HELD MAY 20, 2009 PAGE 12 • CALIFORNIA SPECIAL DISTRICTS ASSOCIATION CSDA PRESIDENT SCHAFER President Schafer attended the April 16, 2009 CSDA Chapter Round Table meeting in Sacramento and provided the agenda. SPECIAL DISTRICTS LEGISLATIVE DAYS — MAY 5-6,2009, SACRAMENTO (PRESIDENT SCHAFER) President Schafer attended the Special Districts Legislative Days held on May 5 -6, 2009 in Sacramento where she was the Master of Ceremonies. President Schafer reported the conference was a success and provided materials and the agenda for the Board's perusal. President Schafer conducted a CSDA Board meeting held in Sacramento on May 6, 2009 and provided the CSDA April /May magazine. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) CONFERENCE AT NAPA VALLEY — APRIL 29 -MAY 2, 2009 (PRESIDENT SCHAFER & DIRECTOR FERRYMAN) • Director Ferryman reported John Garamendi was the keynote speaker. There were discussions regarding the ocean rising two feet in the next ten to 15 years which Director Ferryman is planning to bring that issue back to Orange County San District for a Plant 1. Director Ferryman reported on discussions regarding waste water being converted into drinking water and offered tours of the groundwater replenishing plant. Director Ferryman also reported Mike Dillon gave an update on what was happening legislatively. CWEA ANNUALCONFERENCE IN PALM SPRINGS - APRIL 28 - MAY 1, 2009 (DIRECTOR OOTEN, TOM FAUTH AND KARL DULAKE) Vice President Ooten, Mr. Fauth and Mr. Dulake attended the CWEA Annual Conference held in Palm Springs on April 28 — May 1, 2009. Mr. Fauth and Mr. Dulake attended sessions regarding calcium in pipes. Mr. Fauth reported seeing many vendors and arranged for a demonstration with MME of their CCTV truck and camera capability. 0 I� U CMSD BOARD OF DIRECTORS MEETING HELD MAY 20, 2009 PAGE 13 OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030 CITY OF COSTA MESA COUNCIL AGENDA -- APRIL 14, 2009 (Director Monahan) Director Monahan attended the City of Costa Mesa Council Meeting held on April 14, 2009 and reported on the Adjourned Regular Meeting Action Agenda in which ten Action Items were discussed regarding the Fiscal Year 2009 -10 Operating and Capital Improvement budget and approved. CHAMBER OF COMMERCE President Schafer did not attend the meeting. OCCOG President Schafer did not attend the meeting. • WACO President Schafer did not attend the meeting. OLD BUSINESS There was no old business discussed. NEW BUSINESS The Regular Board meeting for June was rescheduled to Wednesday, June 24, 2009 at 11:30 a.m. in CMSD Board room. PROPOSED CSDA BYLAWS AMENDMENTS President Schafer offered the Proposed CSDA Bylaws Amendments. Director Monahan motioned to approve the Proposed CSDA Bylaws Amendments. Director Ferryman seconded. Motion carried 3 -0. 0 r� L • CMSD BOARD OF DIRECTORS MEETING HELD PAGE 14 MAY 20, 2009 ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Monahan reported the TCA Board for the 73 is not meeting its obligations and reported drawing $7 million in the contingency to make payments. Director Monahan reported the TCA Board is looking at a possible increase next year. Director Monahan spoke with Peter Naghavi and reported the Newport Boulevard project should be complete within the month and discussed a maintenance provision in the contract. Director Monahan reported a discussion regarding the approval of the Redevelopment Agency vehicle parking Districts 1 and 2 which are scheduled to begin after the Newport Boulevard project is finished at an estimated cost of $3.5 million. Director Monahan reported additional items discussed were issues regarding receiving stimulus money through HUD, raising the number of firework locations from 32 to 40, overtime spent on 4th of July activities for fire and police departments, and major adjustments to parking restrictions and requirements. ADJOURNMENT President Schafer adjourned the Regular Meeting at 2:47 p.m. E(,'RETARY PRESIDENT