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00 - AGENDA 2013-04-18_COSTA MESA SANITARY DISTRICT Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District …an Independent Special District AGENDA James Ferryman President Michael Scheafer Arthur Perry Vice President Secretary Robert Ooten Arlene Schafer Assistant Secretary Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Deputy Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 19th Street, Costa Mesa, California. The Deputy Clerk of the District may be contacted at (949) 645-8400. In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Note Meeting Date Change Regular Meeting – Thursday, April 18, 2013 I. CALL TO ORDER – 5:30 p. m. – 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE – President Ferryman III. INVOCATION – Vice President Scheafer IV. ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) V. Ceremonial Matters and Presentations – None. VI. Announcement of Late Communications NOTE: Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. Costa Mesa Sanitary District April 18, 2013 AGENDA Page 2 VII. PUBLIC COMMENTS – This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. VIII. CONSENT CALENDAR – All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Board of Directors Special Meeting Minutes of March 12, 2013 Recommendation: That the Board of Directors approve and file. 2. Operations Committee Minutes of March 19, 2013 Recommendation: That the Board of Directors approve and file. 3. Board of Directors Regular Meeting Minutes of March 28, 2013 Recommendation: That the Board of Directors approve and file. 4. Occupancy Report and payment to Costa Mesa Disposal Recommendation: That the Board of Directors approves the occupancy report and payment to Costa Mesa Disposal for the month of March 2013. 5. Contract Payment to CR Transfer for Recycling & Disposal Services Recommendation: That the Board of Directors approves payment to CR Transfer for recycling and disposal services for the month of March 2013. 6. Adoption of a Resolution Approving District Warrant Registers Recommendation: That the Board of Directors adopt a resolution approving District warrants for the Month of March 2013 in the amount of $691,889.33. 7. Directors’ Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approves Directors’ compensation and reimbursement of expenses for the month of March 2013. 8. Investment Report as of March 31, 2013 Recommendation: That the Board of Directors receive and file the report. 9. Amending the District’s Deferred Compensation Plan (457) Recommendation: That the Board of Directors adopts Resolution No. 2013-828 amending the District’s Deferred Compensation Plan (457). Costa Mesa Sanitary District April 18, 2013 AGENDA Page 3 10. Resolution Nominating Vice President Scheafer to serve on the Special District Risk Management Authority (SDRMA) Board of Directors Recommendation: That the Board of Directors adopt Resolution No. 2013-829. ---------------------------------------------END OF CONSENT CALENDAR-------------------------------------IX. PUBLIC HEARINGS – To begin at 6:00 p.m. 11. Consideration of Solid Waste Annual Charges for FY 2013-14 & FY 2014-15 to be Collected with the General Taxes A. Presentation of Report B. Open Public Hearing C. Recommendation: That the Board of Directors approves continuing the public hearing to June 27, 2013 and direct staff to negotiate with CR&R on lowering the hauler and/or recycling/disposal rates. 12. Consideration of Liquid Waste Annual Charges for FY 2013-14 & FY 2014-15 to be Collected with the General Taxes A. Presentation of Report B. Open Public Hearing C. Recommendation: That the Board of Directors approves continuing the public hearing to June 27, 2013. X. GENERAL MANAGER /DISTRICT CLERK REPORTS 13. Appeal to the Sewer Lateral Assistance Program (SLAP) Guidelines Recommendation: That the Board of Directors deny Ms. Slick’s appeal to request reimbursement from the Sewer Lateral Assistance Program because it will set precedent for not complying with SLAP Guidelines. 14. Sewer Lateral Assistance Program Analysis Recommendation: That the Board of Directors approves two of the following recommendations: 1. Start collecting the at least 50% of the Permit Fee from SLAP participants in order to cover our indirect costs, and no longer allow CMSD staff to waive the plan check and tie-in fees; or 2. Continue to waive the Permit Fee from SLAP participants, and no longer allow CMSD staff to waive the plan check and tie-in fees. 3. Allocate $25,000 from the Liquid Waste Fund Balance to the SLAP Budget 15. Rewarding Ideas Program Recommendation: That the Board of Directors approves rewarding District employee Jaesen Alfassa $100.00 for his suggestion on creating a manhole cover awareness program. Costa Mesa Sanitary District April 18, 2013 AGENDA Page 4 XI. OPERATIONS COMMITTEE 16. Tuesday April 16, 2013, 9:30 a.m. -(Vice President Scheafer and Director Schafer) Recommendation: That the Board of Directors accepts and files report. Note: The Operations Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observers. XII. ENGINEER’S REPORTS 17. Project Status Report Recommendation: That the Board of Directors receive and file the report. 18. Fairview Development Center (Fairview State Hospital on Harbor Blvd) – Inflow Reduction Program Recommendation: That the Board of Directors approves one or more of the following recommendations: 1. Receive and file this report. 2. Consider working with state officials and urging the state to clean the system and comply with the statewide Waste Discharge Requirements. Poor performance of private and state-owned wastewater collection systems inside the District will reflect negatively on the District and will be noticed by the state water board regulators. 3. Consider a cost-sharing or trade of services agreement with the state for sewer line cleaning that would benefit both parties. 4. Consider additional actions as determined by the Board upon consideration of this matter. XIII. TREASURER’S REPORTS -None XIV. ATTORNEY’S REPORTS -None XV. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), 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 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 § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation.) A. Orange County Sanitation District (OCSD) – (President Ferryman) Recommendation: That the Board of Directors accepts oral report. B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. Costa Mesa Sanitary District April 18, 2013 AGENDA Page 5 C. Independent Special Districts of Orange County (ISDOC) – (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. D. California Special Districts Association (CSDA) Recommendation: That the Board of Directors accepts oral report. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Recommendation: That the Board of Directors accepts oral report. XVI. OLD BUSINESS -None XVII. NEW BUSINESS -None XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XIX. ADJOURNMENT THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON MAY 23, 2013 AT 5:30 P.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19TH STREET. A LOOK AHEAD – Upcoming Meetings, Events and Tentative Agenda items  Preliminary FY2013-14/2014-15 Budget – May 23, 2013  Adopt FY2013-14/2014-15 Budget – June 27, 2013  Thursday, April 25, 2013 at 5:30 p.m. City of Costa Mesa Mayor’s Celebration – The Art of Leadership – Samueli Theater at Segerstrom Center for the Arts.  Saturday, April 27, 2013 at 10:00 a.m. – Free Composting Workshop at Estancia Park (1900 Adams Avenue, off Adams & W. Mesa Verde Dr.). Don’t forget to bring your lawn chairs.  Sunday, June 2, 2013 – Costa Mesa Community Run & Lions Club Fish Fry – Estancia High School.  Friday through Sunday, June 28-30 – City of Costa Mesa 60th Anniversary Kick-off Event – Fair Drive adjacent to City Hall.  Free Door-to-Door Household Hazardous Waste Collection Program for Seniors and Immobile Residents – Contact CR&R Environmental Services at (949) 646-4617 to schedule a free collection.  Sewer Lateral Assistance Program (SLAP) – The SLAP is a financial incentive program to encourage residents to maintain their lateral sewer line. The program will contribute 50% of the resident’s cost up to a maximum of $1,800. For more information visit www.cmsdca.gov or call (949) 645-8400. UPCOMING CMSD EVENTS AND ACTIVITIES Costa Mesa Sanitary District April 18 , 2013 AGENDA Page 2 V I I . PUBLIC COMMENTS – This time has been set aside for persons i n the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda . Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directo rs will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. VIII. CONSENT CALENDAR – All matters listed on the consent calendar are considered to be routine and may be acte d upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Board of Directors Sp ecial Meeti ng Minutes of March 12 , 2013 Recommendation: That the Board of Directors approve and file. 2. Operations Committee Minutes of March 19 , 2013 Recommendation: That the Board of Directors approve and file. 3 . Board of Directors Regular Meeting Minutes of March 28 , 20 13 Recommendation: That the Board of Directors approve and file. 4 . Occupancy Report and payment to Costa Mesa Disposal Recommendation: That the Board of Directors approves the occupancy report and payment to Costa Mesa Dis posal for the month of March 2 013 . 5 . Contract Payment to CR Transfer for Recycling & Disposal Services Recommendation: That the Board of Directors approves payment to CR Transfer for recycling and disposa l ser vic es for the mo nth of March 2013 . 6 . Adoption of a Resolution Approving District Warrant Registers Recommendation: That the Board of Directors adopt a resolution approving Distric t warrants for the Month of March 201 3 in the amount of $691,889.33. 7 . Directors’ Compensation and Re imbursement of Expenses Recommendation: That the Board of Directors approve s Directors ’ compensation and reimbursement o f exp enses for the month of March 2013 . 8 . Investment Report as of March 31 , 201 3 Recommendation: That the Board of Directors recei ve and file the report. 9 . Amending the District’s Deferred Compensation Plan (457 ) Recommendation: That the Board of Directors adopts Resolution No. 2013 -828 amending th e District’s Deferred Compensation Plan (457). Costa Mesa Sanitary District April 18 , 2013 AGENDA Page 3 1 0 . Resolution Nominating Vice President Scheafer to serve on the Special District Risk Management Authority (SDRMA) Board of Direct ors Recommendation: That the Board of Directors adopt Resolution No. 2013 -829 . ---------------------------------------------END OF CONSENT CALENDAR ------------------------------------- IX . PUBLIC HEARING S – To begin at 6:00 p.m. 1 1 . Consideration of Solid Waste Annual Charges for FY 2013 -14 & FY 2014 -15 to be Collected with the General Taxes A. Presentation of Report B. Open Public Hearing C. Recommendation: That the Boar d of Directo rs approves continuing the public hearing to June 27, 2013 and direct staff to negotiate with CR&R on lowering the hauler and/or recycling/disposal rates. 12 . Consider ation of Liquid Waste Annual Charges for FY 2013 -14 & FY 2014 -15 to be Collected with the General Taxes A. Presentation of Report B. Open Public Hearing C. Recommendat ion: That the Board of Directors approves continuing the public hearing to June 27, 2013. X. GENERAL MANAGER / DISTRICT CLERK REPORTS 1 3 . Appeal to the Sewer Lateral Assistance Program (SLAP) Guidelines Recommendation: That the Board of Direct ors d eny Ms. Slick’s appeal to request reimbursement from the Sewer Lateral Assistance Program because it will set precedent for not complying with SLAP Guidelines. 1 4 . Sewer Late ral Assistance Program Analysis Recommendation : That the Board of Directors approves two of the following recommendations: 1. Start collecting the at least 50% of the Permit Fee from SLAP participants in order to cover our indirect costs, and no longer al low CMSD staff to waive the plan check and tie -in fees; or 2. Continue to waive the Permit Fee from SLAP participants, and no longer allow CMSD staff to waive the plan check and tie -in fees. 3. Allocate $25,000 from the Liquid Waste Fund Balance to the SLAP Budg et 15. Rewarding Ideas Program Recommendation: That the Board of Directors approves rewarding District employee Jaesen Alfassa $100.00 for his suggestion on creating a manhol e cover awareness program. Costa Mesa Sanitary District April 18 , 2013 AGENDA Page 4 X I . OPERATIONS COMMITTEE 1 6 . Tuesday April 16 , 2013 , 9 :30 a.m. - (Vice Presid ent Scheafer and Director Schafer ) Rec ommendation: That the Boar d of Directors accepts and files report . Note: The Operations Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda fo r the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observers. XII . ENGINEER’S REPORTS 1 7 . Proje ct Status Report Recommendation: That the Boar d of Directors receive and file the report . 18 . Fairview Development Center (Fairview State Hospi tal on Harbor Blvd) – Inflow Reduction Program Recommendation: That the Board of Directors approves one or more of the following recommendations: 1. Receive and file this report. 2. Consider working with state officials and urging the state to clean the sys tem and comply with the statewide Waste Discharge Requirements. Poor performance of private and state -owned wastewater collection systems inside the District will reflect negatively on the District and will be noticed by the state water board regulators. 3. Consider a cost -sharing or trade of services agreement with the state for sewer line cleaning that would benefit both parties. 4. Consider additional actions as determined by the Board upon consideration of this matter. XIII . TREASURER’S REPORTS - None X IV . ATTORNEY’S REPORTS - None XV . LOCAL MEETINGS : In accordance with AB 1234 (Gov. Code 53232.3 ), 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 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 el igible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation.) A. Orange County Sanitation District (OCSD) – (President Ferryman) Rec ommendation: That the Boa rd of Directors accepts oral report. B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Boa rd of Directors accepts oral report. Costa Mesa Sanitary District April 18 , 2013 AGENDA Page 5 C. Independent Special Districts of Orange Cou nty (ISDOC) – (Vice President Scheafer ) Recommendation: That the Boa rd of Directors accepts oral report. D. California Special Districts Association (CSDA) Recommendation: That the Boa rd of Directors accepts oral report. E. California Association of Sa nitation Agencies (CASA) Recommendation: That the Boa rd of Directors accepts oral report. F. Other Meetings Qualifyin g for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Recommendation: That the Boa rd of Directors accepts oral report. XV I . OLD BUSINESS - None XVII . NEW BUSINESS - None XVIII . ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XI X. ADJOURNMENT THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECT ORS WILL BE HELD ON MAY 23 , 2013 AT 5:30 P.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19 TH STREET. A LOOK AHEAD – Upcoming Meetings , Events and Tentative Agenda items  Preliminary FY2013 -14/2014 -15 Budget – May 23, 2013  Adopt FY2013 -14/2014 -15 Budget – June 27, 2013  Thursday, April 25, 2013 at 5:3 0 p.m. City of Costa Mesa Mayor’s Celebration – The Art of Leadership – Samueli Theater at Segerstrom Center for the Arts.  Saturday, April 27, 2013 at 10:00 a.m. – Free Composting Workshop at Estancia Pa rk (1900 Adams Avenue, off Adams & W. Mesa Verde Dr.). Don’t forget to bring your lawn chairs.  Sunday, June 2, 2013 – Costa Mesa Community Run & Lions Club Fish Fry – Estancia High School.  Friday through Sunday, June 28 -30 – City of Costa Mesa 60 th Anniversary Kick -off Event – Fair Drive adjacent to City Ha ll.  Free Door -to -Door Household Hazardous Waste Collection Program for Seniors and Immobile Residents – Contact CR&R Environmental Services at (949) 646 -4617 to schedule a free collection.  Sewer Lateral Assistance Program (SLAP) – The SLAP is a financial i ncentive program to encourage residents to maintain their lateral sewer line. The program will contribute 50% of the resident’s cost up to a maximum of $1,800. For more information visit www.cmsdca.gov or call (949) 645 -8400. UPCOMING CMSD EVENTS AND ACTIVITIES