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Minutes - Board - 2009-01-28 • At���nt�rryvQy�vv el. V\\ U: U�� �. ..-,/' eft i�,. v .4? µ C`{ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 28, 2009 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 28, 2009, at 12:00 p.m. at 628 W. 191h Street, Costa Mesa. President Schafer called the meeting to order at 12:00 p.m. PLEDGE OF ALLEGIANCE Director Perry led the Pledge of Allegiance. • INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: 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 Gonzales, Accountant; Sherry Kallab, Management Analyst; Denise Gilbert, Public Outreach Coordinator; Debbie Bjornson, Permit Processing Specialist; Jane! Jackson, Office Specialist II; Kaitlin Tran, Accounting Specialist I; Karl Dulake, Maintenance Supervisor; Ron Shef, Ordinance Enforcement Officer • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 2 CONSENT CALENDAR • Vice President Ooten expressed his concern regarding the number of sanitary sewer overflows for 2009 as three have occurred in the first month of the year. Vice President Ooten motioned to approve the Consent Calendar. Director Monahan seconded. Motion carried 5-0. REPORTS MINUTE APPROVAL Minutes of City/District The Minutes of the City/District Liaison Committee Liaison Committee Meeting of November 14, 2008, were approved as Meeting -- distributed. November 14, 2008 Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting -- of December 8, 2008, were approved as December 8, 2008 distributed. Minutes of Sewer System The Minutes of the Sewer System Committee • Committee Meeting — Meeting of December 10, 2008, were approved as December 10, 2008 distributed. Minutes of Regular The Minutes of the Regular Meeting of December Meeting -- December 19, 2008, were approved as distributed. 19, 2008 MANAGER'S REPORTS REFUNDS There were no refunds for the month of January 2009. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 3 • Occupancy Report and The Trash Occupancy Count documented an Payment of $196,593.90 increase of 2 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of January 1, 2009. January 2009 Therefore, the total for January is 21,473. Board directed Staff to prepare a warrant for $196,593.90 for January 2009 collection based on occupancy report. Said payment in the amount of $196,593.90 to Costa Mesa Disposal to be ratified on the February 2009 warrant register. Monthly Spill Report to The Monthly Spill Report to the State Water State Water Resources Resources Control Board (SWRCB) for January Control Board 2009 was accepted as submitted. Minutes of Staff Human The Minutes of the Staff Human Resources Resources Meeting — Meeting held on December 31, 2008 were December 31, 2008 accepted as submitted. Minutes of Staff Human The Minutes of the Staff Human Resources Resources Meeting — Meeting held on January 7, 2009 were accepted as • January 7, 2009 submitted. Waste Diversion Report The Waste Diversion Report dated January 2009 was accepted as submitted. Contract Payment of The contract payment of $170,156.79 to CR $170,156.79 to CR Transfer for recycling services and disposal for the Transfer— December month of December was ratified as submitted. 2008 Contract Payment of The contract payment of $10,113.97 to CR $10,113.97 to CR Transfer for recycling services and disposal for Transfer— Santa Ana Santa Ana Heights/Newport Beach for the month of Heights/ Newport Beach — December was ratified as submitted. December 2008 Ordinance Enforcement The Ordinance Enforcement Officer's Report dated Officer's Report January 14, 2009 was accepted as submitted. ENGINEER'S REPORTS • Project Status Report The Project Status Report dated January 2009 was accepted as submitted. CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 4 • TREASURER'S REPORTS Financial Report as of The Financial Report as of December 31 , 2008 December 31, 2008 was accepted as submitted. Treasurer's Report as of The Treasurer's Report as of December 31, 2008 December 31 , 2008 was accepted as submitted. Warrant 2009-07 for Warrant Resolution #CMSD 2009-07 was December 2008 in the approved, authorizing the President and Secretary amount of $454,879.90 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 $454,879.90. Directors Expenses for the Director Compensation and Expense Month of December 2008 Reimbursements for the Month of December 2008 were approved and ratified as follows: President Schafer: $1326.00 + 11 .70 • Vice President Ooten: $884.00 Director Perry: $884.00 Director Ferryman: $884.00 Director Monahan: $663.00 END OF CONSENT CALENDAR • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 5 • WRITTEN COMMUNICATIONS Ms. Revak presented a written communication from Cathi Hartwell requesting a donation of Costa Mesa Sanitary District "Green" bags for the Costa Mesa Run. Ms. Revak reported the cost of the bags would be $2,300. Director Monahan motioned to deny the request and suggested a letter be sent to Ms. Hartwell explaining the denial. Director Perry seconded. Motion carried as follows: Ayes: Schafer, Ooten, Perry, Monahan Noes: Ferryman Mr. Hamers reported a written communication was received from Dan Worthington regarding the unsolicited mail issue Vice President Ooten pointed out discrepancies and incorrect information provided in the letter by Mr. Worthington. The Board suggested no further action to be taken regarding the issue. • PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS CLOSED SESSION Mr. Hamers recommended a Closed Session with regard to Compensation for all Unrepresented Employees be held following the adjournment of the regular meeting. REQUEST FOR AD HOC COMMITTEE WITH Two DIRECTORS AND EMPLOYEES TO DISCUSS CALPERS RETIREMENT PROGRAM Mr. Fauth reported CMSD employees unanimously voted (11-0) to recommend the Board of Directors establish an ad hoc committee and appoint two members of the Board of Directors to participate in the "CaIPERS Retirement Ad Hoc Committee." President Schafer stated the issue will be taken into consideration in the closed session. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 6 DISTRICT YARD— 174 W. WILSON STREET—CMSD #187 • UPDATE ON DESIGN PHASE & CONTRACTOR SELECTION PROCESS Mr. Hamers reported a short list of contractors has been established. Mr. Hamers reported the contractors were provided a set of Plans and Specifications for them to provide sealed bids. APPLICATION FOR TIME EXTENSION TO CITY PLANNING COMMISSION Mr. Hamers reported the City Planning Commission granted a time extension to the Conditional Use Permit due to the LEED process being so lengthy and the extended contractor selection process. Mr. Fauth gave a presentation to the City Planning Commission about the features of the proposed yard. YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS Mr. Hamers requested the Board accept the 2007/2008 Additional Strategic Planning Action Items and the Regular 2007/2008 Strategic Planning Action Items as complete. Director Ferryman motioned to accept the 2007/2008 Additional Strategic Planning • Action Items and the Regular 2007/2008 Strategic Planning Action Items as complete. Director Perry seconded. Motion carried 5-0. STRATEGIC PLANNING FACILITATOR FOR 2009-2010 STRATEGIC PLAN Mr. Hamers reported the Board awarded the contract for the 2009-2010 Strategic Plan to BHI. Ms. Revak will be presenting the information to Mr. Burns to prepare the standard Consultant Agreement. Mr. Hamers reported a schedule was requested from Mr. Ives. GRANT RESEARCH Ms. Kallab reported the U.S. Environmental Protection Agency has solid waste assistance grants currently available ranging from $20,000 to $100,000. Ms. Kallab is accepting suggestions as to proposed projects that could meet the criteria. Ms. Kallab attended the Economic Stimulus Package workshop on January 21, 2009 and reported the District Yard is a possibility for grant monies. Ms. Kallab is in the process of filling out an application. President Schafer suggested Ms. Kallab contact CSDA regarding grant monies they offer. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 7 • SEWER SYSTEM COMMITTEE REPORT ON SEWER SYSTEM SUB-COMMITTEE MEETING HELD JANUARY 9, 2009 Director Monahan reported the Sewer System Sub-Committee met on January 9, 2009 and gave a brief overview and update of the meeting. Vice President Ooten suggested amending the ordinance for subcontractors or staff when required to make extra visits on behalf of the FOG program that the costs of those visits be placed upon the person or business requiring the multiple visits. Mr. Hamers is working EEC to come up with the suggested procedure and fine amount to present to Mr. Burns for his consideration. REPORT ON MEETING HELD JANUARY 14, 2009 Director Monahan reported the Sewer System Committee met on January 14, 2009 and discussed several items including the FOG program, the City of Costa Mesa's tree root removals and sewer laterals. • Director Monahan reported a study session is scheduled to occur on February 10, 2009 at the City of Costa Mesa wherein Mr. Fauth will be giving a sewer lateral assistance program presentation. Mr. Hamers reported CMSD staff met with the Director of Public Services and City staff to discuss the sewer lateral assistance program and the City's policy with regard to City tree roots. Copies of the City staff report were requested when it is available. Mr. Burns inquired as to the impact of the MOU currently presented to Kim Barlow. Mr. Hamers reported the MOU will be completed after the council decides on the policy. Mr. Fauth distributed copies of the Memorandum of Understanding Related to Sewer Matters to the Board of Directors. TRANSFER OF SEWERS FROM OCSD TO CMSD Mr. Hamers received an e-mail stating OCSD general counsel requested an engineer's estimate of the work that is requested by the CMSD. Mr. Burns is awaiting the transfer agreement being prepared by OCSD general counsel. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26,2009 PAGE 8 • PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM Presentation to City by Assistant Manager on January 8, 2009 Director Monahan reported on the January 8, 2009 presentation given by Mr. Fauth to the Building Division personnel. Several other items were discussed including the FOG program, CASA task force and a sewer science workshop. Vice President Ooten also reported on CASA's proposed opt- out process for agencies and cities that have no problem with sewer laterals contributing to overflows. SPECIAL DISTRICTS LEADERSHIP FOUNDATION (SDLF) Ms. Revak reported Mr. Hamers will be unable to attend the governance training to be held February 19-20 due to a scheduled meeting with Midway City Sanitary District. Ms. Revak is inquiring as to another date for the governance training for Mr. Hamers. RECYCLING COMMITTEE —TUESDAY, JANUARY 20, 2009 — 12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (VICE PRESIDENT OOTEN AND DIRECTOR PERRY) • Vice President Ooten reported the Recycling Committee Meeting was held on January 20, 2009 in which staff presented the 2007-2008 goals for approval as completed. Vice President Ooten reported a draft of the 2009-2010 goals was presented with revisions. RECYCLING COMMITTEE GOALS FOR 2007/2008 Mr. Hamers requested the Board accept the Recycling Committee Goals for 2007-2008 as complete. Director Ferryman motioned to accept the Recycling Committee Goals for 2007-2008 as complete. Vice President Ooten seconded. Motion carried 5-0. RECYCLING COMMITTEE GOALS FOR 2009-2010 Mr. Hamers requested the Board to establish the draft goals for 2009-2010 as written and as amended by the Recycling Committee at its January 20, 2009 meeting. Vice President Ooten motioned to establish the goals for 2009-2010. Director Perry seconded. Motion carried 5-0. 2008 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Vice President Ooten reported a total of 11,126 books (16.69 tons) were collected from the 2008 School Telephone Book Recycling Program. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 9 • Director Monahan stated the books collected from Harper, Kline and St. Joachim schools were significantly higher than other schools and suggested grand prizes be awarded to those schools for their vigorous participation. Director Ferryman suggested a letter be sent to schools notifying them why they didn't qualify and CMSD is looking forward to their increased participation in the following year. Ms. Revak will send appropriate letters to those schools. Vice President Ooten motioned to increase the 10 to 20 Pounds Per Student award from $300 to $500, revising Harper School's total award to $800 and St. Joachim School's total award to $800 and to increase the Greater Than 20 Pounds Per Student award from $500 to $800, revising Kline School's total award to $1,500. Director Perry seconded. Motion carried 5-0. Ms. Revak will be contacting the participating schools to schedule awards presentations with CMSD Directors. Attending Directors will be distributing recycling program fliers with the awards. ORANGE COUNTY WASTE & RECYCLING SUB-REGIONAL MEETINGS AND GRANT PROGRAM • Vice President Ooten reported the first Quarterly Grant Status Report was prepared and distributed which included an increased outreach education program. DISPOSAL OF RESIDENTIAL GREASE IN CMSD TRASH COLLECTION PROGRAM Vice President Ooten reported Staff is negotiating with OCC Recycling Center to arrange for the Center to accept residential grease. Mr. Fauth and Ms. Jackson are drafting documentation for Mike Carey explaining what is called for in the program. TOUR OF CR&R AND FRANK L. BOWERMAN LANDFILL FOR GENERAL MANAGER AND DIRECTORS OF MESA CONSOLIDATED WATER DISTRICT Arrangements are being made for a tour of CR&R and the Frank L. Bowerman Landfill for the General Manager and Directors of Mesa Consolidated Water District. Ms. Gilbert will be confirming the date with Mesa Consolidated Water District. FOOD RECYCLING Vice President Ooten and Ms. Gilbert attended the Food Recycling conference held in • Ontario. The conference presented a pilot program set up by City of Los Angeles in CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 10 which a three-bin trash collecting process will be utilized. The program began the end • of October and will be completed the first part of September. Director Ooten will report on the completed analysis once received. SEWER SCIENCE PROGRAM AT TEWINKLE SCHOOL Vice President Ooten reported a presentation will be held at TeWinkle School including six different presentations on plastics. REPORT ON OTHER CMSD RECYCLING PROGRAMS Mr. Fauth reported Ms. Gilbert represented CMSD at the IWMD Recycling Coordinators meeting on January 22, 2009. Ms. Gilbert reported the new diversion rate based on population was discussed. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers reported he will be hosting a presentation by Sancon Engineering, Inc., on February 19, 2009 in Garden Grove. The presentation will cover trenchless pipeline & MH lining methods. TREASURER'S REPORTS AUDITED FINANCIAL STATEMENTS BY INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS FOR PERIOD ENDING JUNE 30, 2008 Nitin Patel, the Engagement Partner with Diehl, Evans & Company, LLP, presented the June 30, 2008 audited financial statements to the Board of Directors. Mr. Patel reported the results of the audit provided no corrections or disagreements with the financial statements and the Costa Mesa Sanitary District was in compliance with the financial reporting process. BUDGET CALENDAR 2009-10 Mr. Davis presented the Preliminary Budget Calendar for Fiscal Year 2009-10. Mr. Davis requested a special meeting to review the preliminary budget; therefore, a date was set for May 14, 2009 at 11:45 to review the preliminary budget for Fiscal Year 2009-10. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 11 • Mr. Davis requested a public hearing to adopt sewer and trash charges and the date was set for July 30, 2009 at 6:00 p.m. to adopt the sewer and trash charges for fiscal year 2009/2010. ALTERNATE FINANCING METHODS FOR CITIES Mr. Davis presented an informational article which documents a creative financing mechanism cities are using in order to issue debt without voter approval. ATTORNEY'S REPORT NEW LEGISLATION Mr. Burns gave a brief overview of new legislation and regulations regarding Global Warming, Trash, Sewer and Water Rates, Solid Waste Diversion, Building Permits — Green Standards, and Health Insurance Broker Fees. ASSEMBLY BILL 3030 — SEWER, WATER & TRASH RATE INCREASES Mr. Burns presented a detailed description of AB 3030 to consider in conjunction with the budget cycle and process. Mr. Burns reported to be in compliance with the law and • avoid a yearly public hearing, CMSD is required to adopt a schedule of charges for a period not exceeding five years with a maximum allowed yearly increase equal to the CPI increase. LIEBERT CASSIDY WHITMORE AGREEMENT FOR SPECIAL SERVICES FOR 2009 Mr. Burns presented the Liebert Cassidy Whitmore Agreement for Special Services for 2009. Director Ooten motioned to ratify the Liebert Cassidy Whitmore Agreement for Special Services for 2009 in the amount of $2,759.00. Director Ferryman seconded. Motion carried 5-0. RESOLUTION No. 2008-762 - ORDERING THAT PUBLICATION OF ORDINANCE No. 72 ESTABLISHING AGENDA DISTRIBUTION RULES HAS BEEN PUBLISHED Ms. Revak presented Resolution No. 2008-762 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 72 ESTABLISHING AGENDA DISTRIBUTION RULES HAS BEEN PUBLISHED. Director Monahan motioned to adopt Resolution No. 2008-762. Vice President Ooten seconded. Motion carried 5-0. 4111 CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 12 LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS • REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN) Director Ferryman reported interviews are occurring with five entities regarding "branding" the ground water replenishment system for the Orange County Sanitation District. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY) Director Perry reported the House and Senate have only approved $14 million for expenditures for the SARFPA, but an additional $44 million is needed to complete the Project. Director Perry reported the possibility of funds through the federal stimulus program as the project is "shovel ready." Director Perry reported the project is currently on hold until further research is complete regarding the federal stimulus program. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (PRESIDENT SCHAFER) President Schafer attended the December 6, 2008 ISDOC meeting and reported on • legislation updates and discussion on future speakers. President Schafer reported it was Jan DeBays' last meeting as President. President Schafer gave reports on legislation affecting Special Districts, CSDA and LAFCO. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (PRESIDENT SCHAFER) President Schafer attended the December 7, 2008 LAFCO meeting and reported discussions were held on budget matters and a workshop held on Best Practices on March 20, 2009. President Schafer reported John White resigned as Commissioner from the Regional Water Quality Control Board. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (PRESIDENT SCHAFER) President Schafer attended the December 18, 2008 CSDA meeting and gave an update on the CSDA Planning Commission. President Schafer reported CSDA set goals for the September 2009 conference to be held in Indian Wells at the Hyatt Grand Champion. President Schafer discussed a letter Governor Schwarzenegger sent to President Obama regarding the Federal Economic Stimulus Proposal. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 13 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) CASA MID-YEAR CONFERENCE —JANUARY 21-24, 2009 AT INDIAN WELLS (PRESIDENT SCHAFER AND VICE PRESIDENT OOTEN) President Schafer and Vice President Ooten attended the 2009 CASA Mid-Year Conference held on January 21-24, 2009 at Indian Wells. President Schafer and Vice President Ooten reported on their activities at the conference. SWANA WORKSHOP IN ONTARIO — THURSDAY, JANUARY 8, 2009 (VICE PRESIDENT OOTEN Vice President Ooten attended the SWANA workshop in Ontario, January 8, 2009 and reported on his activities at the workshop. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE No. 55, OPERATIONS CODE SECTION 3.01.030 Director Monahan attended a January 6, 2009 City Council meeting and gave an update on City Council actions, including: • • City Council signed agreements and extensions for Newport Boulevard improvements • City approved a Senior Center Program Services task force • City directed Allan Roeder to open the MOU with the City Employees' Association due to budget concerns • A new contract for animal shelter services will now be with AAA Animal Shelter in Huntington Beach at Newland Street • City voted to declare the property located at 2258 Orange Avenue a public nuisance and to have the property abated CHAMBER OF COMMERCE Director Schafer did not attend the meeting. OCCOG Director Schafer did not attend the meeting. WACO President Schafer attended a MWDOC/OCWD Joint Board meeting for the Water 4. Advisory Committee of Orange County where an election of new Officers occurred. CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 • PAGE 14 • President Schafer reported on the agendas for future speakers and future meetings for 2009. ADA COMPLIANCE Vice President Ooten attended a workshop on ADA compliance and gave a brief overview of the workshop. OLD BUSINESS There was no old business discussed. NEW BUSINESS COSTA MESA HISTORICAL SOCIETY MEMBERSHIP DUES FOR 2009 IN THE AMOUNT OF $100.00 Director Ferryman motioned to ratify payment for the Costa Mesa Historical Society Membership Dues for 2009 in the amount of $100.00. Vice President Ooten seconded. Motion carried 5-0. • PHOTOGRAPH OF DIRECTORS AND STAFF A photograph was taken of Board of Directors and Costa Mesa Sanitary District Staff. JOINT MEETING WITH MIDWAY CITY SANITARY DISTRICT President Schafer reported the joint meeting with Midway City Sanitary District is scheduled on February 19, 2009 at 6:00 p.m. at CMSD. Both Districts are placing three discussion topics for the agenda. CMSD's topics include a PowerPoint presentation on Sewer Lateral Assistance Program, Midway City Sanitary District's Directors' benefits, and a presentation on CMSD's LEED Gold Yard. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS There were no oral communications or Director comments. • CMSD BOARD OF DIRECTORS MEETING JANUARY 26, 2009 PAGE 15 • ADJOURNMENT President Schafer declared a recess during the regular meeting at 2:00 p.m. President Schafer adjourned the regular meeting to a closed session at 2:15 p.m. Mr. Burns stated a Closed Session is being held with regard to Compensation, but not limited to the CaIPERS Retirement Formula, for all Unrepresented Employees in accordance with Government Code §54957.6. President Schafer adjourned the closed session at 2:53 p.m. and reopened the regular meeting. Mr. Burns reported no action was taken during the closed session. President Schafer adjourned the regular meeting at 2:54 p.m. • SECRETARY PRESIDENT •