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Minutes - Board - 2009-11-16• COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 16, 2009 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: 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. Director Perry led the Pledge of Allegiance. Mr. Fauth gave the invocation. Arlene Schafer, Robert Ooten, Gary Monahan, James Ferryman, Art Perry STAFF PRESENT: Donald McIntyre, Interim General Manager; Robin B. Hamers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Operations Manager; Joan Revak, Office Manager /Clerk of the District; Sherry Kallab, Administration Manager; Jacque Rogers, Treasurer; Teresa Gonzalez, Accountant; Karl Dulake, Maintenance Supervisor OTHERS PRESENT Brent Ives, BHI Consulting 2459 Neptune Ct., Suite 110 Tracy, CA 95304 Jay Wilson 3260 New York Avenue Costa Mesa • • COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 Daron & Tina Zach 3265 Iowa Street Costa Mesa CONSENT CALENDAR Director Ferryman moved to approve the Consent Calendar. Director Perry seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting — October 19, 2009 Minutes of Sewer System Committee Meeting — October 21, 2009 Minutes of Regular Meeting — October 26, 2009 Refunds The Minutes of the Recycling Committee Meeting of October 19, 2009 were approved as distributed. The Minutes of the Sewer System Committee of October 21, 2009 were approved as distributed. The Minutes of the Regular Meeting of October 26, 2009 were approved as distributed. There were no refund requests for the month of October 2009. Occupancy Report and Payment of The Trash Occupancy Count documented $196,841.10 to Costa Mesa Disposal — an increase of 1 unit for the occupancy November 2009 report for solid waste collection as of November 1, 2009. Therefore, the total for November is 21,500. Monthly Spill Report to State Water Resources Control Board Waste Diversion Report for October 2009 The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for November 2009 was accepted as submitted. The Waste Diversion Report dated October 2009 was accepted as submitted. • Contract Payment of $159,494.51 to The contract payment of $159,494.51 to CR CR Transfer — October 2009 Transfer for recycling services and disposal for the month of October 2009 was ratified as submitted. • is • COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 Contract Payment of $8,595.94 The contract payment of $8,595.94 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — October for Santa Ana Heights /Newport Beach for the 2009 month of October 2009 was ratified as submitted. Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report The Ordinance Enforcement Officer's Report dated November 13, 2009 was accepted as submitted. The Project Status Report dated November 2009 was accepted as submitted. Howard S. Wright Contractors Invoice The Howard S. Wright Invoice for work in the amount of $95,866.00 performed through October 31, 2009 in the amount of $95,866.00 was approved as submitted. TREASURER'S REPORTS Financial Report as of October 31, 2009 Treasurer's Report as of October 31, 2009 Warrant Register for the month of October 2009 in the amount of $659,897.65 Directors Compensation & Reimbursement of Expenses for the month of October 2009. The Financial Report as of October 31, 2009 was accepted as submitted. The Treasurer's Report as of October 31, 2009 was accepted as submitted. Warrant Resolution #CMSD 2010 -05 was approved, authorizing the President and 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 $659,897.65. Director Compensation and Expense Reimbursements for the month of October 2009 were approved and ratified as follows: President Schafer: $1,326.00 + $29.70 Vice President Ooten: $1,326.00 + $130.30 Director Monahan - $884.00 Director Ferryman: $884.00 +$4.95 Director Perry: $1,326.00 + $119.00 0 COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 END OF CONSENT CALENDAR WRITTEN COMMUNICATIONS Ms. Revak advised there were no written communications. MANAGER'S REPORTS CLOSED SESSION The Board of Directors met in Closed Session at 5:45 p.m. to review applications for the appointment of a permanent General Manager and Evaluation of the Interim Manager pursuant to Government Code §54957. The Board of Directors adjourned from Closed Session at 6:14 p.m. No reportable action was taken in the Closed Session. PUBLIC COMMENTS Residents Daron and Tina Zach and Jay Wilson addressed the Board on the matter of a CMSD vehicle being parked after hours in their residential area. The residents, Daron and Tina Zach, Jay and Debbie Wilson and Chris and Jennifer Koch have written a letter to the Board of Directors seeking resolution of their complaint. Mr. Burns explained the matter was not agendized and, therefore, in accordance with State law, no action could be taken at this Board meeting. Mrs. Zach noted all the information on their complaint is spelled out in their October 26, 2009 letter to the Board of Directors. President Schafer thanked the residents for attending and assured them the matter would be addressed. The Board of Directors directed Staff to work on a solution to the problem. RECYCLING COMMITTEE - MONDAY, NOVEMER 23, 2009 Director Ooten noted the Recycling Committee does not meet until November 23, 2009 and, therefore, there is no report. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers informed the Board of an upcoming Sewer System Education Seminar on Grease Interceptor Design and Maintenance to be presented by Environmental Engineering & Contracting, Inc. on Thursday, November 19, 2009 at 9:30 a.m. at the Courtyard Center in Garden Grove. • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 PROJECT #129 BRISTOL STREET SEWER CONSTRUCTION UPDATE Mr. Hamers presented a report on the Bristol Street Sewer project that involves the replacement of the existing 8 -inch sewer main in southbound Bristol Street from the Autoplex to Birch Street with a 15 -inch sewer main. The upsizing is necessary to handle the future increase in sewer flows from the rezoned east Santa Ana Heights area. The Orange County Development Agency (OCDA) (the redevelopment arm of the County), the City of Newport Beach and the CMSD have signed a three -party agreement for this project with OCDA as the funding agency. Mr. Hamers reported construction began in October 2009 and adverse field conditions have been encountered since day one. Mr. Hamers explained the many adverse field conditions and reported a meeting was held with OCDA senior personnel on November 4, 2009 to discuss the events to date. It was agreed to end the project just prior to the water line interference and then create a second project to install the remaining 716 feet. The construction method for the second project will likely be pipe bursting with relocation of the water main where necessary to perform the pipe bursting. Mr. Hamers informed the Board pipe bursting is a no -dig method consisting of inserting a rotating bursting head into the existing line that pulverizes the line and • pushes the particles and the soil outward to expand the hole while a 14 -inch high density polyethylene (HDPE) line is pushed into the opening. The addendum to the three -party agreement will be prepared by the CMSD for review and approval by OCDA and the City of Newport Beach and will contain the identical provision of OCDA being the funding agency for the design, construction and inspection portions of the project. Mr. Hamers stated the resolution of the project finances as affected will be presented at the December 2009 regular meeting. PROJECT #186 - SEWER LATERAL ASSISTANCE PROGRAM PROPOSED "NOTICE" TO APPLICANTS WITH INCOMPLETE WORK Mr. Hamers reported that various applicants for the sewer lateral assistance program have not finished their sewer lateral work and their files remain open. As there are a substantial number of incomplete files and because the number of open files is increasing, Staff desires a policy to close a file after a certain period of time. A proposed "Notice" to applicants was submitted for Board consideration and discussion ensued. Director Monahan moved to direct staff to use Option A on the notice with the inclusion of "work to be performed within six months ", including a copy of the original • application. Director Ooten seconded the motion. Motion carried 5 -0. 0 COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 PRIVATE DEVELOPMENT - 20362 SANTA ANA AVENUE, NEWPORT BEACH Mr. Hamers submitted a request for the Board to take action on a private development project at 20362 Santa Ana Avenue, Newport Beach. Director Ferryman moved to accept improvements as completed and file a Notice of Completion; to exonerate Labor and Material bond 35 days after Notice of Completion is recorded, and to exonerate faithful performance bond one year after notice of completion is recorded. Director Perry seconded the motion. Motion carried 5 -0. ORANGE COUNTY SANITATION DISTRICT (OCSD) TRANSFER OF SIX SEWERS TO CMSD Letters to Property Owners Mr. Hamers presented a letter to property owners affected by the transfer of six sewers transferred to CMSD by OCSD. Director Monahan moved to approve the letter to property owners. Director Ooten seconded the motion. Motion carried 5 -0. Proposal to Provide Engineering Services to Repair Deficiencies Mr. Hamers presented a proposal to provide engineering services to repair deficiencies. Director Monahan moved to approve the proposal to provide engineering services to repair deficiencies. Director Monahan moved to approve the proposal to provide engineering services to repair deficiencies and the Independent Engineer's review of engineering proposal. Director Ooten seconded the motion. Motion carried 5 -0. ORANGE COUNTY SANITATION DISTRICT (OCSD) OFFER OF AREA 7 SEWERS Discussion was held on the OCSD offer of Area 7 Sewers. The matter was continued. DISTRICT YARD -174 W. WILSON STREET - CMSD #187 Status of Construction Mr. Hamers reported the foundations are poured. There is a LEED meeting with all the contractors meeting on Wednesday, November 18, 2009 and the LEED documents become prevalent. Mr. Hamers reported the next major step in construction is when the walls go up and major progress will be evident. All the underground is in including the sewer, storm drain, water. Everything has • been permitted. Mr. Dulake reported the block should come in Thursday, November 19, 2009 and the electrical is already in. 0 'COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 SEWER SYSTEM COMMITTEE - TUESDAY, NOVEMBER 24, 2009 Director Monahan noted the monthly Sewer System Committee will meet on November 24, 2009 and, therefore, the report will be given at the December 2009 Board of Directors meeting. TREASURER'S REPORTS Ms. Jacque Rogers attended the meeting for Treasurer Marc Davis and had nothing to report. 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 there are no updates on the Back Bay lawsuit. ORDINANCE ENFORCEMENT OFFICER - PROPOSED MOU • Mr. Burns stated there is nothing new to report. LAWSUIT ISSUES WITH RANCO CORPORATION - PRESIDENT PUMP STATION Mr. Burns reported the District was sued by Ranco Corporation for the alleged double - payment and the complaint wasn't answered. There is a default against the District and to get out of a default the District has to file a motion to be relieved from negligence. A letter from SDRMA letter states the claim is not covered by our policy. Mr. Fauth reported there is no evidence of the CMSD receiving duplicate payments and there is no record of the City of Costa Mesa paying the District. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported the OCSD Board meeting will be held November 18, 2009. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported a meeting of the Santa Ana River Flood Protection Agency was held on November 12, 2009. 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 $120 million. On the Prado Dam property acquisition 822 acres was purchased at $1.168M and 308 acres at $19M with a total of $354M left to go on 470 acres. 'COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) President Schafer reported on the October 6, 2009 meeting where she gave a report on CSDA and LAFCO. The general meeting was held on October 29, 2009 and Director Ferryman cast the vote for the CMSD on the increase in dues. 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 had nothing to report on OCCOG. CHAMBER OF COMMERCE • President Schafer reported the Legislative Committee met on October 7, 2009 for the last meeting in 2009. President Schafer gave reports on CMSD, CSDA and LAFCO. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported she has participated in many conference calls for various committees. President Schafer was in Sacramento on October 22 & 23, 2009, meeting with the CSDA President and small committees on assignments for 2010. She also met with the Fiscal Committee. WACO Director Schafer reported on the October 2, 2009 WACO meeting. The speaker was Keith Richter, the new Fire Chief of Orange County Fire Authority who spoke on preparing for the current fire season. Mary Anne Skorpanich, Director of Watershed and Coastal Resources for Orange County also spoke. OLD BUSINESS There was no old business to discuss. • 'COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 16, 2009 NEW BUSINESS SDRMA Notice of Director Vacancy Ms. Revak reported there is a Notice of Director Vacancy in SDRMA. The District will not submit a nominee. Orange County Employment Relations Consortium Agreement for Special Services and Invoice Ms. Revak presented an agreement for Special Services for the Liebert Cassidy Whitmore Orange County Employment Relations Consortium and an invoice in the amount of $2,759.00. Director Monahan moved to approve the agreement and payment of in the invoice in the amount of $2,759.00. Director Ooten seconded the motion. Motion passed 5 -0. ORAL COMMUNICATIONS There were no oral communications. • ADJOURNMENT President Schafer adjourned the meeting at 6:50 p.m. • OV0,14-C JJJ�A= President