Minutes - Board - 2011-04-28•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
APRIL 28, 2011
CALL TO ORDER
PLEDGE OF
ALLEGIANCE
INVOCATION
• ROLL CALL
•
The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
March 24, 2011 at 5:30 p.m. at 628 W. 19th
Street, Costa Mesa.
Director Fitzpatrick led the Pledge of
Allegiance.
Director Scheafer led the Invocation.
DIRECTORS PRESENT: Robert Ooten, James Ferryman, Mike
Scheafer, Jim Fitzpatrick, Art Perry
DIRECTORS ABSENT:
STAFF PRESENT: Scott Carroll, General Manager; Robin B.
Harriers, District Engineer; Alan .Burns, Legal
Counsel; Sherry Kallab, Administrative
Manager; Marc Davis, Treasurer
OTHERS PRESENT Dean Ruffridge & George Lazaruk, CR &R
Inc.
Thomas Fauth, 1079 Visalia Drive
Costa Mesa, CA 92626
James D. Reynolds, 1093 Sea Bluff Drive
Costa Mesa, CA 92627
Ken Harlow, Brown and Caldwell
Jim Kolk, EEC
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COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
ANNOUNCEMENT OF LATE COMMUNICATIONS
There were no late communications.
CLOSED SESSION TO CONSIDER SETTLEMENT OF THREATENED LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(B)(1)(D), (E)
The Board of Directors went into Closed Session at 5:35 p.m..
The Board of Directors came out of Closed Session at 5:45 and President Ooten re- opened
the regular meeting.
Mr. Thomas Fauth addressed the Board and expressed his appreciation for the opportunity to serve
the CMSD for the past 11 years, acknowledging the growth of the District during that period.
Mr. Fauth stated he is leaving the CMSD with his head held high for his contributions to the CMSD.
Mr. Fauth signed the termination agreement with the CMSD. President Ooten thanked Mr. Fauth
for his service to the CMSD and stated it was a pleasure working with Mr. Fauth. Vice President
Ferryman stated his appreciation to Mr. Fauth for his contributions to the CMSD and expressed his
thanks for Mr. Fauth's dedication to the District. Mr. Fauth expressed his sincere appreciation for
the comments.
CONSENT CALENDAR
REPORTS
MINUTE APPROVAL
Minutes of City /Districts Liaison
Committee meeting February 11,
2011
Minutes of Special Meeting — March 17,
2011
The Minutes of the City /Districts Liaison
Committee meeting of February 11, 2011 were
approved as distributed.
The Minutes of the Special Meeting held
March 17, 2011 were approved as distributed.
Minutes of Sewer System Committee The Minutes of the Sewer System Committee
Meeting — March 15, 2011 Meeting of March 15, 2011 were approved as
distributed.
Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee
March 21, 2011 Meeting of March 21, 2011 were approved as
distributed.
Minutes of Regular Board Meeting — The Minutes of the Regular Board Meeting of
March 24, 2011 March 24, 2011 were approved as distributed.
FINANCIAL REPORTS
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
•
Refunds There were no refund requests for the
month of March 2011.
•
Occupancy Report and Payment of
$197,106.61 to Costa Mesa Disposal —
March 2011
Contract Payment of $171,165.17 to
CR Transfer —March 2011
Contract Payment of $12,288.93
to CR Transfer — Santa Ana
Heights /Newport Beach —
March 2011
Warrant Register for the month of
March 2011 in the amount of
$572,820.48
Directors Compensation &
Reimbursement of Expenses for the
month of March 2011.
The Trash Occupancy Count documented
an increase of four units for the occupancy
report for solid waste collection as of April 1,
2011. Therefore, the total for March is
21,529 and the payment of $197,106.61
was ratified.
The contract payment of $171,165.17 to
CR Transfer for recycling services and
disposal for the month of March 2011 was
ratified as submitted.
The contract payment of $12,288.93 to CR
Transfer for recycling services and disposal
for Santa Ana Heights /Newport Beach for
the month of March 2011 was ratified as
submitted.
Warrant Resolution #CMSD 2011 -10 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
$572,820.48..
Director Compensation and Expense
Reimbursements for the month of March
2011 were approved and ratified as
follows:
President Ooten: $1,326.00 + $3.57
Vice President Ferryman: $1,326.00 +
$15.81
Director Scheafer: $1,326.00 +$20.40
Director Fitzpatrick: $1,326.00
Director Perry: $1,326.00 + $34.79
• Investment Report for the month of The Investment Report for the month of
March 2011 March 2011 was approved as submitted.
•
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COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated March
2011 was accepted as submitted.
END OF CONSENT CALENDAR
Director Scheafer stated he would abstain from approval of Item A.5., Regular
Board of Directors Meeting, March 24, 2011 as he was not present.
Vice President Ferryman moved to accept the Consent'Calendar. Director Perry
seconded the motion. Motion carried 5 -0 with Director Scheafer abstaining from
approving Item A.5.
WRITTEN COMMUNICATIONS
A letter from Mr. James D. Reynolds was presented requesting an appeal of a
recent decision to deny his application for the "Residential Sewer Lateral and
Cleanout Financial Assistance Program Mr. Reynolds stated he first learned of
the program on March 30, 2011 after reading the March 2011 CMSD. newsletter.
Mr. Reynolds stated over the past 14 years of living at his Costa Mesa address
and has spent $13,700.50 on maintenance of his sewer lateral. Vice President
Ferryman stated he would recommend approval of the sewer lateral
reimbursement under the program upon validation of the expenditures.
Vice President Ferryman moved to approve the payment to Mr. James D.
Reynolds under the CMSD Residential Sewer Lateral and Cleanout Financial
Assistance Program as the repairs occurred during the time frame the District
adopted the financial assistance program.. Director Perry seconded the motion.
Motion carried 5 -0:
Director Fitzpatrick recommended Tweedy Plumbing be contacted and reminded of
the CMSD program and as a public service inform Costa Mesa residents of the
District's sewer lateral assistance program.
The Board directed Staff to review applications on a case by case basis for repairs
performed after 2007, when the Sewer Lateral Assistance Program began.
PUBLIC COMMENTS
There were no further public comments.
COSTA MESA SANITARY DISTRICT PAGE 5
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
•
GENERAL MANAGER'S REPORTS
STRATEGIC PLAN QUARTERLY PROGRESS REPORT
Mr. Carroll presented a quarterly progress report on the Strategic Plan.
Director Perry moved to accept the report. Director Scheafer seconded
the motion. Motion carried 5 -0
REALLOCATION OF FUNDS FOR SEWER LATERAL ASSISTANCE PROGRAM
Mr. Carroll requested a budget adjustment of $100,000 to the Sewer
Lateral Assistance Program. Mr. Carroll stated 525 residents have
participated in the program to date with reimbursements for repairs of
$580,000. The $150,000 budget for the program, this fiscal year has
been expended. Director Perry moved to approve the Sewer Lateral
Assistance Program budget adjustment of $100,000 with funds coming
from the System Wide Sewer Reconstruction. Director Scheafer
seconded the motion. Motion carried 5 -0.
ASSET MANAGEMENT
• Mr. Carroll stated at a special meeting on January 19, 20.11 the Board of
Directors heard a presentation from District consultant, Mr. Ken Harlow
from Brown and Caldwell, on developing an asset management program
for the District. The Board at that time directed Staff to develop an
implementation plan outlining several alternatives to achieving the goal of
saving $5 million in reserves for asset replacement.
Mr. Ken Harlow, consultant from Brown and Caldwell gave a summary of
the District's infrastructure assets and the current renewal costs and
trends and presented four scenarios for a potential renewal funding
strategy. Discussion was held on the scenarios. The Board directed the
General Manager is to come back with a five -year plan later in the year.
SWANA Symposium — MAY 16-19,2011
Mr. Carroll recommended approval by the Board for attendance of AJ
Cully to the SWANA Symposium May 16 -19, 2011. The symposium topic
is "Using our Past to Transform the Future: Opportunities for Getting to
Zero ". Mr. Carroll requested Board approval of a budget adjustment
appropriating $1,360 from the Solid Waste Contingency account to the
0
C7
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
Staff Development account to allow the Program Assistant to. attend
SWANA's 2011 Western Regional Symposium in Monterey Bay,
California. Director Fitzpatrick moved to allow the Program Assistant to
attend SWANA's 2011 Western Regional Symposium in Monterey Bay,
California, May 16 -19, 2011. Director Scheafer seconded the motion.
Motion carried 5 -0.
SSMP AUDIT BY EEC
Mr. Carroll introduced Mr. Jim Kolk of Environmental Engineering &
Contracting (EEC) who presented a Sewer System Management Plan
self- audit, a requirement of the State Water Resources Control Board.
The District's SSMP was reviewed and personnel interviewed to ensure
compliance with the WDR. Mr. Hamers provided background on the WDR
requirements.
Director Perry moved to accept the report and direct Staff to place the item
on the May Sewer System Committee meeting agenda with a planning
schedule to implement the recommendations of the report. Vice President
• Ferryman seconded the motion. Motion carried 5 -0.
STATE LEGISLATIVE REPORT
Mr. Carroll provided an update on state legislation of interest to CMSD
and provided some discussion points to share with the legislators
representing the CMSD during Staff and Board's visit to Sacramento for
CSDA's Legislative Days on May 3 -4, 2011.
AVIEMORE TERRACE PUMPING STATION: POSSIBLE VALVE REPLACEMENT
Mr. Carroll reported on a defective by -pass valve that exists at Aviemore
Terrace Pumping Station. Staff obtained an analysis of the valve along
with a replacement cost from Schuler Engineering. Mr. Carroll advised the
Board to direct Staff to install a "genset" for emergency power as opposed
to purchasing a new valve at a cost of from $6,500 to $10,600. The cost
of a genset is less than $3,000. Director Perry moved to direct Staff to
install a genset for emergency power at the Aviemore Terrace Pumping
Station. Vice President Ferryman seconded the motion. Motion carried
5 -0.
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COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
i
RESPONSE TO STATE WATER RESOURCES CONTROL BOARD RE COMMENTS ON
PROPOSED SSS WDR
The Board accepted the Staff report on the response to State Water
Resources Control Board regarding comments on the proposed SSS
WDR.
RECYCLING COMMITTEE
Director Fitzpatrick reported on the Recycling Committee meeting held on
April 25, 2011.
The Enforcement Officer's report was presented.
Director Fitzpatrick stated the next meeting date for the Recycling
Committee is May 23, 2011.
ENGINEER'S REPORTS
PROJECT NO. 189, REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
Mr. Hamers advised the Board the District prepared plans and
specifications for the rehabilitation of the six sewers transferred from the
Orange County Sanitation District (OCSD) to the Costa Mesa Sanitary
District in order to bring the sewers up to current operating standards.
Mr. Carroll provided the results of the bid opening and made a
recommendation for the award of contract. Director Perry moved to award
a contract to the lowest responsive bidder, TTS Engineering of Huntington
Beach, in the amount of $267,930; approve a 10% contingency budget of
$16.793; approve RBH & Associates proposal for contract administration
and inspection services in the amount of $27,064 and approve a budget
adjustment in the amount of $321,800 from Reserve for Improvement to
Transferred Sewer to Project #189 to fund the project. Vice President
Ferryman seconded the motion. Motion carried 5 -0.
ANNEXATION OF FIVE PARCELS TO CMSD
Mr. Hamers.reported, at the request of the Orange County Local Agency
Formation Commission (LAFCO), the CMSD has obtained annexation
consent from the owners of five parcels of land inside the overall District
boundaries that have never been legally annexed to the District. The
District may now proceed with adopting a resolution making application to
• LAFCO to annex these parcels and clean up the District boundaries.
COSTA MESA SANITARY DISTRICT PAGE 8
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING.
HELD APRIL 28, 2011
Vice President Ferryman moved to adopt CMSD Resolution. No. 2011-
794, Application by the CMSD Requesting LAFCO to take Proceedings for
the Annexation of Territory, Being Engineer's No. 254 and to direct Staff to
submit to LAFCO. Director Perry seconded the motion. Motion carried
5 -0.
SEWER SYSTEM COMMITTEE
Director Ooten reported on the Sewer System Committee meeting held
March 15, 2011 with all five Directors participating.
TREASURER'S REPORTS
Mr. Davis reported on the Investment Oversight Committee meeting held
at 5:00 p.m. with Directors Ferryman, Scheafer and Perry attending.
ATTORNEY'S REPORTS
AGREEMENT WITH NEWPORT MESA UNIFIED SCHOOL DISTRICT FOR SEWER
EASEMENT SPAN -OVER OF SECOND FLOOR OF BUILDING
• Mr..Burns presented an excerpt from the minutes of the regular meeting of
the Board of Education of the Newport-Mesa Unified School District held
November 9, 2010, authorizing the Deputy Superintendent to approve the
agreement between Newport-Mesa Unified School District and the Costa
Mesa Sanitary District.
Vice President Ferryman moved to approve and execute the Agreement
with the Newport Mesa Unified School District for Sewer Easement Span -
Over of Second Floor of building. Director Perry seconded the motion.
Motion carried 5 -0.
SETTLEMENT OF DISPUTE WITH BEC BOWLS OVER CONTRACT FOR
REPLACEMENT WORK FOR SOUTH COAST PUMPING STATION
Mr. Burns reported the District entered into a letter agreement for certain
replacement work for the South Coast Pumping Station. District Staff had
concerns about the work being performed and terminated the contract.
The General Manager and the company entered into a settlement
agreement resolving all disputes between the parties.
Vice President Ferryman moved to receive and file the Settlement
Agreement with BEC Bowls. Director Perry seconded the motion. Motion
carried 5 -0.
COSTA MESA SANITARY DISTRICT PAGE 9
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
•
CLERK OF THE DISTRICT REPORTS
Ms. Revak was excused from the CMSD Board of Directors meeting to
attend a City Clerks Association of California Conference.
LOCAL MEETINGS
ORANGE COUNTY SANITATION DISTRICT (OCSD)
Director Ferryman reported on the OCSD meeting held on
April 27, 2011.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
Director Perry stated there was no meeting of the Santa Ana River Flood
Protection Agency in April 2011.
OLD BUSINESS
There was no old business to discuss.
• NEW BUSINESS
LAFCO RATIFICATION OF PROPOSED BY -LAWS FOR THE ORANGE COUNTY
SPECIAL DISTRICT SELECTION COMMITTEE
Vice President Ferryman moved to approve the proposed By -laws for the
Orange County Special District Selection Committee. Director Perry
seconded the motion. Motion carried 5 -0.
SPECIAL DISTRICT & LOCAL GOVERNMENT INSTITUTE ADMINISTRATION SEMINAR
& WORKSHOPS - SAN DIEGO - JUNE 9 -11, 2011
The Board of Directors discussed the Special District & Local Government,
Institute Administration Seminar & Workshops being held in San Diego
June 9 -11, 2011.
Director Perry will attend June 8 -10. Directors Scheafer and Fitzpatrick will
attend all days.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion was held on use of the i -Pad for the agenda and agenda reports.
• Director Perry requested a printed copy of the agenda packet. A printed
agenda packet will be available at all meetings in the event public attends.
COSTA MESA SANITARY DISTRICT PAGE 10
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2011
u
ADJOURNMENT
President Ooten adjourned the meeting at 8:40 p.m.
Secretary
Or
•
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President