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Minutes - Board - 2009-10-26• r_1 �J COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 26, 2009 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on October 26, 2009 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. President Schafer called the meeting to order at 5:30 p.m. PLEDGE OF Director Ferryman led the Pledge of ALLEGIANCE Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Gary Monahan, James Ferryman, Art Perry DIRECTORS ABSENT: Robert Ooten STAFF PRESENT: Donald McIntyre, Interim General Manager; Robin B. Hamers, District Engineer; Colin Burns, Legal Counsel; Tom Fauth, Operations Manager; Joan Revak, Office Manager /Clerk of the District; Marc Davis, Treasurer; Teresa Gonzalez, Accountant; Karl Dulake, Maintenance Supervisor OTHERS PRESENT Jim Fitzpatrick, 449 Broadway, Costa Mesa Dennis Erdman, 2300 Barton Lane, Montrose • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 PAGE 2 President Schafer welcomed Mr. Jim Fitzpatrick, a new member of the City of Costa Mesa Planning Commission. President Schafer welcomed Mr. Ronald Shef presenting him with an Excellence in Service Award for serving the District as Ordinance Enforcement Officer for twelve years. CONSENT CALENDAR Director Ferryman moved to approve the Consent Calendar with the addition of Director Expense Reimbursements as noted by Ms. Revak. Director Perry seconded. Motion carried 4 -0. REPORTS MINUTE APPROVAL Minutes of City /Districts Liaison Committee Meeting — April 10, 2009 Minutes of Recycling Committee Meeting — September 14, 2009 The Minutes of the City /Districts Liaison Committee Meeting of April 10, 2009 were approved as distributed. The Minutes of the Recycling Committee Meeting of September 14, 2009 were approved as distributed. Minutes of Sewer System Committee The Minutes of the Sewer System Meeting — September 16, 2009 Committee of September 16, 2009 were approved as distributed. Minutes of Regular Meeting — September 17, 2009 Refunds The Minutes of the Regular Meeting of September 17, 2009 were approved as distributed. There were no refund requests for the month of September 2009. Occupancy Report and Payment of The Trash Occupancy Count documented $196,831.94 to Costa Mesa Disposal — an increase of 1 unit for the occupancy October 2009 report for solid waste collection as of October 1, 2009. Therefore, the total for October is 21,499. c: • 0 COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 Monthly Spill Report to State Water Resources Control Board PAGE 3 The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for October 2009 was accepted as submitted. Waste Diversion Report for September The Waste Diversion Report dated 2009 September 2009 was accepted as submitted. Contract Payment of $164,054.86 to The contract payment of $164,054.86 to CR CR Transfer — September 2009 Transfer for recycling services and disposal for the month of September was ratified as submitted. Contract Payment of $12,992.35 The contract payment of $12,992.35 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — September for Santa Ana Heights /Newport Beach for the 2009 month of September 2009 was ratified as submitted. Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report The Ordinance Enforcement Officer's Report dated October 8, 2009 was accepted as submitted. The Project Status Report dated October 2009 was accepted as submitted. Howard S. Wright Contractors Invoice The Howard S. Wright Invoice for Work in the amount of $34,862.00 Performed through September 30, 2009 in the amount of $34,862.00 was approved as submitted. TREASURER'S REPORTS Financial Report as of September 30, 2009 Treasurer's Report as of September 30, 2009 The Financial Report as of September 30, 2009 was accepted as submitted. The Treasurer's Report as of September 30, 2009 was accepted as submitted. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 • Warrant Register for the month of Warrant Resolution #CMSD 2010 -04 was September 2009 in the amount of approved, authorizing the President and $733,453.44 Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $733,453.44. Directors Compensation & Director Compensation and Expense Reimbursement of Expenses for the Reimbursements for the month of September month of September 2009. 2009 were approved and ratified as follows: President Schafer: $1,326.00 + $297.62 Vice President Ooten: $1,326.00 + $144.25 Director Monahan - $442.00 Director Ferryman: $1,326.00 +$127.60 Director Perry: $663.00 END OF CONSENT CALENDAR 0 WRITTEN COMMUNICATIONS Ms. Revak advised there were no written communications. PUBLIC COMMENTS Mr. Fitzpatrick commented he is looking forward to serving on the City Planning Commission. He writes a daily column in the Daily Voice and is interested in recycling and composting. Mr. Burns reported a complaint has been filed against the District and he will schedule a closed session to brief the Board on the matter at a future date. President Schafer asked Mr. Erdman if he had anything he would like to say and Mr. Erdman stated he was present to observe the meeting. President Schafer welcomed Mr. Erdman. MANAGER'S REPORTS TRANSFER OF SEWERS - OCSD TO CMSD Mr. McIntyre suggested the CMSD refrain from moving ahead with the transfer of sewers until the City of Tustin is on board. Mr. McIntyre stated he believes CMSD staff got ahead of the OCSD on this matter. Mr. Hamers presented minutes of a meeting held with CMSD and OCSD Staff on the transfer of OCSD'S Service Area 7 is COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 Sewers to provide CMSD with information to aid in their due diligence process by providing a better understanding of the local sewers in the unincorporated areas and the portion of the City of Tustin where OCSD currently provides the local sewer service. Director Ferryman reported talking with Doug Davert, Mayor of Tustin, and told him it needs to be consummated or resolved soon. Mr. McIntyre will be in discussions on the subject this week. Mr. Hamers questioned President Schafer on LAFCO's position and President Schafer reported LAFCO is not involved. Mr. Hamers reported Orange County Sanitation District is not interested in a JPA. Attorney Colin Burns stated he will be looking into the governance issues Mr. Hamers reported there was another transfer of six sewers from OCSD to CMSD The agreement was recorded and the District received the $1,300,252.50. RECYCLING COMMITTEE - MONDAY, OCTOBER 19, 2009 President Schafer reported the Recycling Committee goals were reviewed. Mr. Fauth reported on the Orange County Waste & Recycling Sub - Regional Meetings and grant program and provided the Grant status reports for fiscal year 2007/08 and • fiscal year 2008/2009. 2009 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak reported the annual School Telephone Book Recycling Program will occur between November 12 and December 18, 2009. Letters inviting Costa Mesa schools to participate went out and as of October 26, 2009 21 schools will participate. This is a drop from the usual 27 schools. A few schools reported they have low enrollment; others have no time for the program, Costa Mesa High School responded they have other recycling programs on campus this year. Another factor could be the qualification for the minimum $300 award requires a school to collect a minimum of one -half book per student. Only 11 schools received awards in the 2008 program. Director Ferryman requested the program be re- evaluated in the spring to attempt to bring back the schools that aren't participating. Mr. Hamers reported the CMSD staff met with Costa Mesa High School students and faculty last spring to assist them in starting up a recycling program at the campus. 0 • COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 USED TIRE ROUND -UP The annual Used Tire Round -Up sponsored by the Costa Mesa Sanitary District and the City of Costa Mesa was held October 17, 2009 from 10:00 a.m. — 2:00 p.m. at the City of Costa Mesa Corporation Yard. CMSD Staff participated in the event. 38 tires were collected as well as 10 tires that were stored at the City Corporation Yard. PLASTICS PRESENTATION TO CUB SCOUT PACK 711 A Plastics Presentation to Cub Scout Pack 711 is in the planning stages. A date has not been set. CR &R REPORT Trisha Throop of CR &R reported they are looking to CMSD Staff for suggestions for signage for their trucks. Staff needs to provide as CR &R is under agreement to change the signage quarterly and the District likes to make it seasonal. Mr. Fauth provided copies of the City of Costa Mesa Management Report and brought to the Board's attention an article "Bringing in the Trash" in which the City reported the CMSD and the City have come to an informal arrangement to begin coordinated enforcement regarding refuse containers left in the public right of way on non -trash pickup days. Training for this joint effort needs to be provided. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) SEWER SYSTEM MANAGEMENT PLAN UPDATE Mr. Hamers presented the updated Sewer System Management Plan and requested recertification and approval of the updated plan. Director Monahan moved to re- certify and approve the self audit of the Sewer System Management Plan. Director Perry seconded the motion. Motion carried 4 -0. PROJECT #175 OCSD COOPERATIVE PROJECTS GRANT PROGRAM Mr. Hamers presented the final report for CMSD Project #175 — OCSD Cooperative Projects Grant Program. Mr. Hamers noted televising for the project was performed from January 2006 to March 2009. Mr. Hamers further advised the Board the CMSD sewer system is structurally intact and there is virtually no infiltration (underground • water entering the sewer system through cracks and joints. However, inflow (surface water entering the system through manhole covers or illegal connections) remains a concern and future capital projects will be proposed to identify the sources and COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 eliminate this water. Director Ferryman moved to approve the final report of Project #175 — OCSD Cooperative Projects Grant Program, Televising CMSD Sewers. Director Monahan seconded the motion. Motion carried 4 -0. OCSD OFFER TO TRANSFER AREA 7 SEWERS Mr. Hamers presented an update on the transfer of Area 7 Sewer System from OCSD to CMSD. RBH, INC. presented a proposal for Engineering Services for the OCSD Area 7 Sewer Transfer to the CMSD. Area 7 consists of a portion of the City of Tustin, unincorporated County of Orange territory and the El Modena Islands which are also unincorporated County of Orange territory. Mr. Hamers reported requesting from Bruce Mattern, Alternate District Engineer, an Independent Review of the Proposed Engineering Project regarding the appropriateness of the scope and cost of the proposal. As reported previously at this meeting, no more District funds will be expended on the transfer of 7 sewers until crucial issues are addressed. REPORT ON NON -BID SEWER WORK - BRISTOL STREET AT 55 FREEWAY Mr. Hamers provided a Report on Non -Bid Sewer Work for approval and advised the Board the CMSD is currently faced with the emerging problem of severely corroded cast iron pipe (CIP) or ductile iron pipe (DIP) in the sewer system. Mr. Hamers reported the CMSD has a 400 foot section of CIP in Bristol Street under the 55 Freeway with corrosion so severe neither the jetter hose nor the camera can traverse through the line. The CMSD obtained bids for restoring the line on Bristol Street with only two bidders qualified to perform the work. The bidders would not bid lump sum, only hourly. Mr. Hamers stated in order to place a monetary ceiling on the work of less than $15,000, District Staff agreed to issue a purchase order for 24 hours at $475 per hour for a not -to- exceed total of $11,400 for National Plant Services. The work took place from 9/20/09 to 10/2/09 and NPS used an even more advanced nozzle head termed an "impact head" which proved to be very successful. The 8 -inch diameter line was restored to a diameter of 7 -1/4 inches. Mr. Hamers reported CMSD Staff will be assessing whether or not to install a cured -in- place -pipe liner inside the line to prevent a recurrence of the corrosion. Director Ferryman moved to approve the non -bid sewer work on Bristol Street at 55 Freeway. Director Monahan seconded the motion. Motion passed 4 -0. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 • DISTRICT YARD - 174 W. WILSON STREET - CMSD #187 Status of Construction Mr. Hamers reported he meets weekly with the architect, contractor and Mr. Dulake on the progress of the construction, and at this point, completion of the project is forecast for mid to the end of April 2010. Mr. Dulake reported the concrete will be poured on October 27, 2009. Mr. Hamers reported the building is on track as a LEED Gold meeting. SEWER SYSTEM COMMITTEE - WEDNESDAY. SEPTEMBER 16, 2009 MONTHLY SPILL STATISTICS Director Monahan reported there was one spill in the last month. The spill occurred at 204 17th Street. With assistance from the City, the CMSD crew responded promptly and the spill was prevented from going into the storm drain. PROJECT #186 - SEWER LATERAL ASSISTANCE PROGRAM Mr. Hamers requested re- approval of Sewer Lateral Cases A -E and approval of Case F, G, and H. Director Monahan moved to re- approve Cases A -E and approve Cases F, G and H. Director Ferryman seconded the motion. Motion passed 4 -0. NEW PROGRAM REQUIREMENTS Mr. Hamers reported on revisions to the program requirements and requested approval by the Board of Directors. Director Monahan moved to approve the new program requirements. Director Ferryman seconded the motion. Motion carried 4 -0. OCSD DOVER TRUNK REPLACEMENT Mr. Hamers reported the sewer system is in tact, however, the water is making its way from the surface into certain manholes and a large volume is from storm water. CMSD has committed to work with OCSD to alleviate the problem. CMSD has plugged and sealed over 300 manholes and are embarking now on our 1/1 abatement program. The water has to be reduced and the first step is to assist OCSD with the Dover Trunk line. • r: COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 TREASURER'S REPORTS CAPITAL IMPROVEMENT PROJECTS CARRYOVER REQUEST - FISCAL YEAR 2009- 2010 Mr. Davis requested approval of the carryover of capital improvement project appropriations in the amount of $1,341,164 from fiscal year 2008 -2009 to fiscal year 2009 -10. Mr. Davis explained each year, in conjunction with the approval of the operating budget, the Board of Directors approves a capital improvement project (CIP) budget. The nature of capital improvement projects is such that their scope and size inherently precludes them from being completed within the fiscal year in which funding was initially appropriated. Additionally, all appropriations lapse at the end of each year. Therefore, it is necessary to request that the unspent capital improvement project appropriations be carried over or re- appropriated in the subsequent fiscal year. Mr. Davis provided a listing of capital improvement projects and amounts Staff is requesting be carried over from fiscal year 2008 -09 to fiscal year 2009 -10. • Director Monahan moved to approve the carryover of capital improvement project appropriations in the amount of $1,341,164 from fiscal year 2008 -09 to fiscal year 209 -10. Director Perry seconded the motion. Motion carried 4 -0. BUDGET ADJUSTMENTS FOR FIRE - DAMAGED SEWER EQUIPMENT Mr. Davis requested approval of a budget adjustment in the amount of $154,369 to provide adequate funding for replacement of the fire - damaged sewer equipment. Mr. Davis reported during fiscal year 2008 -09, District Staff submitted an insurance claim for reimbursement of dire - damaged sewer equipment. The District was successful in its claim and received reimbursement in the amount of $154,369. All of the sewer equipment damaged by the fire needs to be replaced. The budget adjustment provides funding to replace the fire- damaged equipment and Staff anticipates replacing the sewer equipment to coincide with the opening of the District Yard. As there is a lag lead time to procure some of the equipment it is necessary to make the budget adjustment at this time. Director Monahan moved to approve the budget adjustment in the amount of $154,369 to provide adequate funding for replacement of the fire - damaged sewer equipment. Director Ferryman seconded the motion. Motion carried 4 -0. 1�1 COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 ATTORNEY'S REPORTS CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE AVENUE (CMSD PROJECT #168 -IRVINE PUMP STATION RELOCATION Mr. Burns reported receiving correspondence from the attorney with regard to the Back Bay lawsuit. The parties involved are still discussing total damages and are still moving forward but not yet in the final stretch. ORDINANCE ENFORCEMENT OFFICER - PROPOSED MOU Mr. Burns stated this was discussed earlier in the meeting. In addition to training, the District needs to work out a couple of liability issues with the City of Costa Mesa attorney. Mr. Fauth reported Mr. Shef is working with our replacement Ordinance Enforcement Officer Isidro Gallardo for a two -week period of time and Isidro has been out there following our instructions and maintaining a listing of calls to CR &R and addressing any problems that may arise. Isidro comes into the office every other day, checking in with Mr. Fauth. The plan with the City is to use Isidro's services through the end of the year to transition with the City's Code Enforcement Officers. • COMPLIANCE WITH THE BROWN ACT WITH REGARD TO REGULAR BOARD MEETINGS Mr. Burns addressed the issue of regular meetings being moved to other dates and the District's compliance with the Brown Act. Ms. Revak attended a CSDA Conference Workshop where the attorney facilitating the workshop stated regular meetings that are rescheduled for another date are not regular but special meetings. It was also mentioned that having a staff person at the door at the hour of the regular meeting that was rescheduled to notify a potential visitor coming to the regular meeting that the meeting was rescheduled. Mr. Burns stated this is not a requirement of the Brown Act and the District is not out of compliance with the Brown Act on these two issues. RESOLUTION NO. 2009 -768 ORDERING THAT PUBLICATION OF ORDINANCE NO. 73 ADDING MEETINGS WHICH QUALIFY FOR A DAY'S SERVICE COMPENSATION HAS OCCURRED. Director Ferryman moved to adopt Resolution No. 2009 -768. Director Perry seconded the motion. Motion carried 4 -0. RESOLUTION NO. 2009 -773 ORDERING THAT PUBLICATION OF ORDINANCE NO. 74 RENUMBERING THE GENERAL PUBLIC MEETING & AGENDA RULES HAS OCCURRED Director Monahan moved to adopt Resolution No. 2009 -773. Director Perry seconded the motion. Motion carried 4 -0. • COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported the OCSD Board meeting will be held September 28, 2009. Recently, OCSD had a strategic planning session which staff facilitated. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported a meeting of the Santa Ana River Flood Protection Agency was held on September 24, 2009. The minutes were provided in the Board packet. Director Perry reported on the SARI Line project with construction scheduled to begin in May 2010 and completion April 2012 at an estimated project cost of $100 million. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer reported on the September 1, 2009 meeting where she gave a report on CSDA and LAFCO. The Treasurer reported a balance of $7,006.92 as of August 23, 2009. Phil Anthony gave a report on OCCOG, explaining the necessity for a dues increase to remain a member in OCCOG. The OCCOG annual membership dues for ISDOC will be $5,000 effective January 2010 and all independent special districts will be represented. The proposed membership dues increase is $200 per district. For purposes of the election on October 29, 2009, the governing body of each regular member district of ISDOC shall designate in writing one representative who shall exercise the right to vote in the absence of the assigned voting representative. The written designation shall be submitted to the ISDOC Secretary at the quarterly meeting prior to the member district casting its ballot. Ms. Revak reported the ISDOC Quarterly Meeting will be held on Thursday, October 29, 2009 at 11:30 a.m. with Martin Wisckol, Political Reporter for the Orange County Register, as the guest speaker on the topic of " "Evolving Issues that May Shape Election Year Politics in Orange County ". Director Perry moved to appoint Director James Ferryman as the representative from the Costa Mesa Sanitary District who shall exercise the right to vote on its behalf at the quarterly meeting of ISDOC on Thursday, October 29, 2009. Director Monahan seconded the motion. Motion passed 4 -0. L COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 Director Perry moved the CMSD to cast their vote in favor of a $200 increase in ISDOC membership dues directly related to the cost of maintaining ISDOC's membership in OCCOG. Director Ferryman seconded the motion. Motion passed 4 -0. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Director Schafer reported on the LAFCO meeting. For the most part the meeting was on the three -year study and outcome of the MWDOC report and the report was received and filed. The agencies agreed to meet with MWDOC personnel to discuss differences and resolve their problems. Otherwise an application must come to LAFCO before the Commission can take any action. ORANGE COUNTY COUNCIL OF GOVERNMENTS President Schafer was unable to attend the OCCOG meeting due to the CSDA Annual Conference. CHAMBER OF COMMERCE • President Schafer reported the attendees discussed state, federal, county, Board of Equalization, utilities (Gas and Edison), City, Chamber representatives and legislative issues. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported on the CSDA 401h Annual Conference. The CMSD received accreditation as a District of Distinction and President Schafer received an award as President of the Year. The conference was well- attended and featured good workshops. CMSD attendees were President Schafer, Vice President Ooten, Director Ferryman, as well as staff members Sherry Kallab and Joan Revak. The District will receive SDRMA credit points for attending several of the workshops. WACO Director Schafer presented the LAFCO and CSDA reports at the WACO meeting on September 11, 2009. Mr. Gary Crisp an engineer from Australia was an outstanding speaker on the topic, "Six Years — Six Big Desalination Plants ". President Schafer reported he is not only a business leader but also a Desalination leader. The participants critiqued the last WACO meeting that was more about energy than water. Ideas for future programs were discussed. • • • • COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2009 OLD BUSINESS There was no old business to discuss. NEW BUSINESS There was no new business to discuss. ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT President Schafer adjourned the meeting at 6:57 p.m. CLOSED SESSION The Board of Directors met in Closed Session at 7:00 p.m. to discuss the Office Specialist II Position pursuant to Government Code §54957. The Board of Directors adjourned from Closed Session at 7:10 p.m. No reportable action was taken in the Closed Session. G-�tnL-o Se retary Presioen