Minutes - Board - 2009-03-20•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MARCH 20, 2009
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
March 20, 2009, at 11:45 a.m. at 628 W.
19th Street, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
DIRECTORS PRESENT:
President Schafer called the meeting to
order at 1145 a.m.
Vice President Ooten led the Pledge of
Allegiance.
Mr. Fauth gave the invocation.
Art Perry, Arlene Schafer, Bob Ooten
James Ferryman, Gary Monahan
DIRECTORS ABSENT None.
STAFF PRESENT: Robin B. Hamers, Manager /District
Engineer; Colin 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; Janel Jackson,
Office Specialist II
OTHERS PRESENT: None
CONSENT CALENDAR
President Schafer questioned whether 3rd container payments from CR &R to the District
were being made on a timely basis. Mr. Davis stated the payments were not being
ireceived as anticipated and stated a meeting will be scheduled to discuss CR &R's
potential adjustment in their rate for the upcoming 2009 -2010 budget, and at that time
will reiterate CMSD's Board of Directors' concerns and the need to remit payment to the
District on a timely basis.
MINUTES OF THE CMSD BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
MARCH 20, 2009
PAGE 2
Vice President Ooten motioned to approve the Consent Calendar. Director Perry
seconded. Motion carried 5 -0.
REPORTS
MINUTE APPROVAL
Minutes of Sewer System The Minutes of the Sewer System Committee
Committee Meeting -- Meeting of February 11, 2009, were approved as
February 11, 2009 distributed.
Minutes of Special The Minutes of the Special Meeting of February 19,
Meeting — February 19, 2009, were approved as distributed.
2009
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting -- of February 23, 2009, were approved as
February 23, 2009 distributed.
Minutes of Regular The Minutes of the Regular Meeting of February
• Meeting -- February 26, 2009, were approved as distributed.
26, 2009
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of March
2009.
Occupancy Report and The Trash Occupancy Count documented an
Payment of $196,603.05 increase of 2 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of March 1, 2009.
March 2009 Therefore, the total for March is 21,474.
Board directed Staff to prepare a warrant for
$196,603.05 for March 2009 collection based on
occupancy report. Said payment in the amount of
$196,603.05 to Costa Mesa Disposal to be ratified
on the April 2009 warrant register.
• Monthly Spill Report to The Monthly Spill Report to the State Water
State Water Resources Resources Control Board (SWRCB) for March
Control Board 2009 was accepted as submitted.
MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009
OF THE COSTA MESA SANITARY DISTRICT PAGE 3
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Waste Diversion Report The Waste Diversion Report dated March 2009
was accepted as submitted.
Contract Payment of The contract payment of $137,144.34 to CR
$137,144.34 to CR Transfer for recycling services and disposal for the
Transfer — February 2009 month of February was ratified as submitted.
Contract Payment of The contract payment of $7,641.35 to CR Transfer
$7,641.35 to CR Transfer for recycling services and disposal for Santa Ana
— Santa Ana Heights/ Heights /Newport Beach for the month of February
Newport Beach — was ratified as submitted.
February 2009
Ordinance Enforcement The Ordinance Enforcement Officer's Report dated
Officer's Report March 15, 2009 was accepted as submitted.
ENGINEER'S REPORTS
Project Status Report The Project Status Report dated March 2009 was
0 accepted as submitted.
TREASURER'S REPORTS
Financial Report as of The Financial Report as of February 28, 2009 was
February 28, 2009 accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of February 28, 2009
February 28, 2009 was accepted as submitted.
Warrant 2009 -09 for Warrant Resolution #CMSD 2009 -09 was
February 2009 in the approved, authorizing the President and Secretary
amount of $685,180.19 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
$685,180.19.
Directors Expenses for the Director Compensation and Expense
Month of February 2009 Reimbursements for the Month of February 2009
were approved and ratified as follows:
President Schafer: $1,326.00 + $72.08
• Vice President Ooten: $1,326.00 + $7.77
Director Perry: $442.00
Director Ferryman: $663.00
Director Monahan: $884.00 + $18.70
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MINUTES OF THE CMSD BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
END OF CONSENT CALENDAR
WRITTEN COMMUNICATION
MARCH 20, 2009
PAGE 4
Ms. Revak reported the District received a written communication regarding LAFCO
accepting applications from members .of the public interested in serving on LAFCO as
the alternate public member. LAFCO's incumbent alternate public member is Rhonda
McCune of Costa Mesa.
Ms. Revak reported the District received a written communication regarding LAFCO
holding a public hearing on Wednesday, April 8, 2009 at 9:00 a.m. to consider a
proposed budget for LAFCO operations for Fiscal Year 2009 -2010.
PUBLIC COMMENTS
There were no public comments made.
MANAGER'S REPORTS
CLOSED SESSION
President Schafer adjourned the regular Board meeting to move into Closed Session at
12:13 p.m. to discuss the issue of providing Authority to the District's Labor Negotiator,
Robin Hamers, Regarding Compensation, but not limited to the CalPERS Retirement
Formula, for all Unrepresented Employees (Refer to CMSD HR Meeting Minutes dated
February 25, 2009)
President Schafer adjourned the Closed Session and re- opened the regular meeting at
12:41 p.m. No action was taken in the Closed Session.
DISTRICT YARD — 174 W. WILSON STREET — CMSD #187
SELECTION OF CONTRACTOR
Vice President Ooten reported Staff, and the design team met on February 12, 2009 to
review the bids and rate the contractors. The CMSD Board was leaning towards
Howard Wright; but wished to lower the price and still achieve the Gold or Platinum
LEED standard.
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MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009
OF THE COSTA MESA SANITARY DISTRICT PAGE 5
Vice President Ooten reported a future meeting will be scheduled with Staff, the design
team and the architect to discuss any changes in the economy or materials
construction, and to see if there is any leeway to negotiate a slightly lower cost. The
contractor provided a letter with $42,000 in potential savings and suggested a value
engineering process. Board members and Staff continue to meet as an ad -hoc
committee to reduce costs and still meet the Gold or Platinum LEED standard.
STRATEGIC PLANNING WORKSHOP FOR 2009-2010 — FRIDAY, APRIL 3, 2009
8:30 A.M. — 3:00 P.M. — NEIGHBORHOOD COMMUNITY CENTER — HAMILTON
Room
Ms. Revak reported the Strategic Planning Workshop will be held on Friday, April 3,
2009 from 8:30 a.m. to 3:00 p.m. at the Neighborhood Community Center in the
Hamilton Room.
GRANT RESEARCH
Ms. Kallab reported the State Water Resources Control Board is considering a
proposed resolution to implement federal economic recovery legislation for the Clean
Water State Revolving Fund Program at their March 17, 2009 Board meeting.
Ms. Kallab reported additions to the State Revolving Fund priority list are being
considered in order to add projects eligible for ARRA funds. Ms. Kallab reported
SWRCB Staff continues to encourage the CMSD's pursuit of ARRA funds.
President Schafer inquired as to whether a requirement for choosing a contractor before
or after the award of stimulus money is spelled out in the funding act. Ms. Kallab will
confirm the time of the award with regard to choosing a contractor.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD ON MARCH 11, 2009
Director Monahan reported the Sewer System Committee met on March 11, 2009 and
gave a brief overview and update of the meeting including Infiltration and Inflow, Big
Dipper and the development of the CIP budget. Director Monahan reported a video was
viewed on infiltration into the District's Coolidge Avenue sewer. Mr. Hamers reported
the video was provided to Sancon Engineering for review and preparation of a proposal.
TRANSFER OF SEWERS FROM OCSD TO CMSD
Director Monahan reported no new information regarding the Transfer of Sewers from
OCSD to CMSD.
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MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009
OF THE COSTA MESA SANITARY DISTRICT PAGE 6
PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
Director Monahan reported no new information regarding the Project #186 Sewer
Lateral Assistance Program. Mr. Hamers reported Ms. Jackson is doing an excellent
job with the program and all compliments should be directed to her.
INTERIM SEWER LINE MAINTENANCE CLEANING AGREEMENT WITH NATIONAL
PLANT SERVICES
Mr. Fauth presented a negotiated proposal from National Plant Services (NPS) to clean
approximately 236,400LF of sewer mains, the majority of which are 8" diameter, at
$0.38 per foot. Mr. Fauth recommended a not to exceed cost of $100,000 in order to
allow for field adjustments.
Motion made by Director Monahan and seconded by Director Ooten, to authorize an
interim agreement, with final language approved by District Counsel, for National Plant
Services to clean approximately 236,400LF of primarily 8" diameter main line at $0.38
per foot at a not to exceed cost of $100,000. Motion carried 5 -0.
CMSD WEB SITE UPDATE
Ms. Jackson reported on her ability to manage changes and updates to CMSD's web
site including bio updates, title changes and adding OCC's web site as a link. Ms.
Jackson reported VPI, the web site creator, has been helpful with the process. Vice
President Ooten suggested a calendar of events be added to the web site for
convenience to viewers.
2009 WINTER NEWSLETTER
Mr. Hamers reported Ms. Jackson completed the Winter Newsletter and directed all
compliments to Ms. Jackson.
RECYCLING COMMITTEE — MONDAY, FEBRUARY 23, 2009 — 12:00 P.M., CMSD
BOARDROOM, 628 W. 19TH STREET, COSTA MESA (VICE PRESIDENT OOTEN AND
DIRECTOR MONAHAN)
Vice President Ooten reported the Recycling Committee Meeting will meet on March 23,
2009 and will report at next month's Board meeting.
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MINUTES OF THE CMSD BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
MARCH 20, 2009
PAGE 7
Mr. Hamers reported on a WDR General Group meeting held on March 19, 2009
wherein additional reports on calcium problems and sewer lines were discussed.
Mr. Hamers reported Ms. Jackson will be a regular attending member due to topics
germane to sewer laterals such as calcium and the sewer lateral assistance program.
Mr. Hamers reported an education seminar will be scheduled for May 2009.
PROPOSAL TO BEGIN PROJECT #182 — ANALYSIS OF CCTV RESULTS
Mr. Hamers recommended the Board of Directors approve the Proposal to Begin
Project #182 — Analysis of CCTV Results. The project entails analyzing the results of
the CCTV data of the 220 miles of CMSD sewer mains and producing two reports; one
report on Inflow and Infiltration (1 /1) for Orange County Sanitation' District, and one report
for the CMSD, which will be a long -term work plan to repair all significant deficiencies
found in the system. It is proposed to complete the project at the standard hourly rate
of: Engineer, $85.00 /hr; not to exceed $125,000 (less any hardware or software
purchased by CMSD).
Vice President Ooten motioned for approval of the Proposal to Begin Project #182 —
Analysis of CCTV Results. Director Monahan seconded. Motion carried 5 -0.
TREASURER'S REPORTS
BUDGET ADJUSTMENT — INSPECTION AND PLAN CHECK
Mr. Davis recommended the Board of Directors approve the budget adjustment in the
amount of $100,000 to provide adequate funding for additional plan check and
inspection costs for the fiscal year ending June 30, 2009.
Director Ferryman motioned to approve the Budget Adjustment — Inspection and Plan
Check in the amount of $100,000. Director Monahan seconded. Motion carried 5 -0.
Vice President Ooten requested a breakdown be shown in the budget indicating the
sewer lateral inspection process as a separate line item.
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MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009
OF THE COSTA MESA SANITARY DISTRICT PAGE 8
ATTORNEY'S REPORT
CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE
AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION
Mr. Colin Burns reported correspondence from the attorney for the Plaintiffs was
received requesting $1.4 million and indicated the case appears to be going to litigation.
Mr. Colin Burns stated the insurance company will be defending the case.
RESOLUTION NO. 2009 -763 AUTHORIZING THE ASSISTANT MANAGER TO
SIGN AND FILE FOR ON BEHALF OF THE COSTA MESA SANITARY DISTRICT
A FINANCIAL ASSISTANCE APPLICATION FOR A LOAN /GRANT FROM THE
STATE WATER RESOURCES CONTROL BOARD
Mr. Colin Burns presented RESOLUTION NO. 2009 -763 — A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
AUTHORIZING THE ASSISTANT MANAGER TO SIGN AND FILE FOR ON BEHALF
OF THE COSTA MESA SANITARY DISTRICT A FINANCIAL ASSISTANCE
APPLICATION FOR A LOAN /GRANT FROM THE STATE WATER RESOURCES
CONTROL BOARD.
Vice President Ooten motioned to adopt Resolution No. 2009 -763. Director Monahan
seconded. Motion carried 5 -0.
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN)
Director Ferryman reported the March OCSD meeting will occur later in the month.
Director Ferryman attended a meeting of the Latino Water Coalition that made a
presentation to Orange County Water District.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR
PERRY
There was no meeting in March.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC)
(PRESIDENT SCHAFER)
President Schafer attended the March 3, 2009 ISDOC meeting and reported on CSDA
and LAFCO. President Schafer reported Joyce Crosthwaite made a presentation on
MSRs.
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MINUTES OF THE CMSD BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
MARCH 20, 2009
PAGE 9
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (PRESIDENT
SCHAFER
President Schafer attended the March 11, 2009 LAFCO meeting and discussed revising
and updating the LAFCO handbook, Sphere of Influence Review, adoption of retirement
rates, and update on budget. President Schafer encouraged everyone to attend the
"Best Practices" meeting by LAFCO in April 2009.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (PRESIDENT
SCHAFER
President Schafer attended a Finance Corporation Meeting on March 12th and
conducted a CSDA Board Meeting on March 13th and gave a brief overview of the
meetings.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
CASA 2009 SPRING CONFERENCE - APRIL 29 - MAY 2, 2009
President Schafer discussed attendance for the CASA 2009 Spring Conference to be
held on April 29, 2009 through May 2, 2009. Vice President Ooten and Directors
Monahan and Perry will be unable to attend and Director Ferryman will notify Ms. Revak
of his attendance.
Motion was made by Director Ooten to approve attendance by President Schafer and
Director Ferryman at the CASA 2009 Spring Conference. Director Perry seconded.
Motion carried 5 -0.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030
CHAMBER OF COMMERCE
President Schafer attended the March 4, 2009 Chamber of Commerce meeting and
discussed upcoming legislation, gave an update on CMSD and LAFCO, and talked on
CSDA and Sacramento.
.President Schafer reported on the Chamber. of Commerce's upcoming Hall of Fame and
recommended participating in giving certificates or awards for people nominated for
outstanding citizenship in the community. Mr. Hamers reported CMSD has many
versions of proclamations and awards that can be framed and presented and that Ms.
• Revak will follow through with the proclamations from the CMSD for the Hall of Fame
presentation. President Schafer and Vice President Ooten will attend the April 23, 2009
Chamber of Commerce luncheon to present the certificates.
MINUTES OF THE CMSD BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
• OCCOG
President Schafer did not attend the meeting.
WACO
MARCH 20, 2009
PAGE 10
President Schafer attended the March 6, 2009 general meeting and gave a. brief
overview of the presentation from Senator Tom Harmon and Assemblyman Mike Duval.
President Schafer distributed materials obtained from the meeting.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
CWEA CONFERENCE IN PALM SPRINGS — APRIL 28 — MAY 1, 2009 (SLA
PRESENTATION BY CMSD ASSISTANT MANAGER NOT PART OF
• CONFERENCE
Mr. Hamers reported Mr. Fauth will not be giving a sewer lateral assistance presentation
at the CWEA Conference due to a mix up by CWEA. Mr. Fauth has been in contact
with CWEA representatives regarding the opportunity to present next year.
Director Perry motioned for approval of attendance of Vice President Ooten to the
CWEA Conference in Palm Springs on April 28, 2009 through May 1, 2009. Director
Ferryman seconded. Motion carried 5 -0.
Mr. Hamers reported the final report on calcium in sewer lines is being presented at the
CWEA Conference, and _recommended the Board authorize Mr. Fauth's attendance at
that presentation.
Director Perry motioned for approval of Mr. Fauth's attendance to the presentation at
the CWEA Conference. Director Monahan seconded. Motion carried 5 -0.
CHANGE OF DATES FOR REGULAR BOARD MEETINGS
APRIL
The April Regular Board Meeting has been rescheduled for April 27, 2009 at 11:45 a.m.
• SEPTEMBER
The September Regular Board Meeting has been rescheduled for September 17, 2009
at 5:30 p.m.
MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009
OF THE COSTA MESA SANITARY DISTRICT PAGE 11
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NOVEMBER
The November Regular Board Meeting has been rescheduled for November 16, 2009 at
5:30 p.m.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Vice President Ooten attended the Mesa Verde Homeowners Association Board
Meeting where the "no soliciting" signs created by Dan Worthington were discussed.
Mr. Fauth reported under the OC Waste and Recycling grant program there is a half -
million dollars for unified school districts for projects related to trash disposal in the
landfills.
Mr. Fauth reported sending an email to realtor Tom Sutro regarding the sewer lateral
assistance program. Mr. Fauth reported Mr. Sutro is no longer in the real estate
business and hasn't responded or replied to the email. Mr. Fauth will be contacting
other sources to ascertain whether the realtor association desires an update on the
CMSD sewer lateral assistance program.
Mr. Fauth received feedback from Mike Carey on the FOG collection at the OCC
Recycling Center. The OCC Recycling Center is concerned regarding ramifications of
possible spillage and liability. Mr. Fauth reported staff will look into the matter.
ADJOURNMENT
President Schafer adjourned the Regular Meeting at 1:37 p.m.
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