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Minutes - Board - 2009-09-17�1 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 17, 2009 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on Se�tember 17, 2009 at 11:45 a.m. at 628 W. 19t Street, Costa Mesa. President Schafer called the meeting to order at 11:45 a.m. PLEDGE OF Director Ferryman led the Pledge of ALLEGIANCE Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Robert Ooten, Gary Monahan, James Ferryman, Art Perry DIRECTORS ABSENT: None STAFF PRESENT: Robin B. Harriers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Marc Davis, Treasurer; Teresa Gonzalez, Accountant; Sherry Kallab, Management Analyst; Karl Dulake, Maintenance Supervisor OTHERS PRESENT CONSENT CALENDAR President Schafer questioned the Ordinance Enforcement Officer's report and the status of the position. Mr. Fauth reported he had discussions with Mr. Shef on staying on with the District until the District fills the position. Mr. Shef is completing his tour of • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 PAGE 2 duty with the CMSD by October 2, 2009. The District is in discussions with the City of Costa Mesa regarding a MOU to use the services of the City for District code enforcement. President Schafer and all the Board members requested Staff to invite Mr. Shef to the October 26, 2009 meeting so that the CMSD can present him with a plaque or certificate of appreciation. President Schafer expressed her appreciation to Mr. Hamers for the emergency response pumping station completion as noted on the Project Status Report. President Schafer expressed her appreciation to Mr. Davis on the Treasurer's Report and the fine job he is doing. Director Ooten questioned if some pumping stations are more at risk than others as there was a major disturbance at the Canyon pumping station. Mr. Hamers stated his belief that the problems at the Canyon pumping station were due to not having proper water level sensors. Mr. Hamers also noted computer improvements are now being made. Director Ooten moved to approve the Consent Calendar. Director Monahan seconded. Motion carried 5 -0. 0 REPORTS MINUTE APPROVAL Minutes of Sewer System Committee Meeting — August 25, 2009 Minutes of Recycling Committee Meeting — August 26, 2009 Minutes of Regular Meeting — August 27, 2009 Refunds The Minutes of the Sewer System Committee Meeting of August 25, 2009 were approved as distributed. The Minutes of the Recycling Committee Meeting of August 26, 2009 were approved as distributed. The Minutes of the Regular Meeting of August 27, 2009 were approved. There were no refund requests for the month of August 2009. Occupancy Report and Payment of The Trash Occupancy Count documented • $196,822.78 to Costa Mesa Disposal — an increase of 8 units for the occupancy September 2009 report for solid waste collection as of September 1, 2009. Therefore, the total for September is 21,498. • • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 Monthly Spill Report to State Water Resources Control Board Waste Diversion Report PAGE 3 The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for September 2009 was accepted as submitted. The Waste Diversion Report dated September 2009 was accepted as submitted. Contract Payment of $165,605.82 to The contract payment of $165,605.82 to CR CR Transfer — August 2009 Transfer for recycling services and disposal for the month of August was ratified as submitted. Contract Payment of $7,431.43 The contract payment of $7,431.43 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — August 2009 for Santa Ana Heights /Newport Beach for the month of August 2009 was ratified as submitted. Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial Report as of August 31, 2009 Treasurer's Report as of August 31, 2009 Warrant Register for the month of August 2009 in the amount of $653,155.60 The Ordinance Enforcement Officer's Report dated September 7, 2009 was accepted as submitted. The Project Status Report dated September 2009 was accepted as submitted. The Financial Report as of August 31, 2009 was accepted as submitted. The Treasurer's Report as of August 31, 2009 was accepted as submitted. Warrant Resolution #CMSD 2010 -03 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 $653,155.60. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 Directors Compensation & Director Compensation and Expense Reimbursement of Expenses for the Reimbursements for the month of July 2009 month of August 2009. were approved and ratified as follows: President Schafer: $1,326.00 + $121.00 Vice President Ooten: $884.00 Director Monahan - $663.00 Director Ferryman: $1,105.00 +$4.95 Director Perry: $1,326.00 -+ $132.98 END OF CONSENT CALENDAR WRITTEN COMMUNICATIONS Ms. Revak presented a letter from SDRMA announcing the retirement of Jim Towns, the Chief Executive Officer effective December 31, 2009. Chief, Administrative Officer Greg Hall has been selected by the SDRMA Board of Directors to assume the CEO position January 1, 2010. Mr. Hamers suggested sending a letter of appreciation to Mr. Towns for his accommodations to the CMSD that helped Mr. Burns achieve for • CMSD having their policy cover inverse condemnation for sewer damages and Mr. Burns stated Mr. Towns was very accommodating. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS DISTRICT YARD -174 W. WILSON STREET - CMSD #187 Status of Contract Mr. Fauth reported on the status of the contract stating he received notification that the contract is still in Seattle awaiting signature by HSWC. Mr. Burns stated if they do not enter into an agreement within a reasonable time, they will forfeit their bid bond. Director Ferryman expressed his displeasure with the situation. President Schafer directed Staff to keep Mr. Burns apprised of all developments in this situation. Director Ferryman questioned who is the CMSD Staff person in charge of the project. Mr. Hamers stated he is the project manager and sent the contract to HSWC. Director Ferryman stated the District must set the tone and be proactive with HSWC. 0 • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 SEWER SYSTEM COMMITTEE -WEDNESDAY, SEPTEMBER 16, 2009 MONTHLY SPILL STATISTICS Director Monahan reported there were no spills in the last month. ORANGE COUNTY SANITATION DISTRICT (OCSD) AREA 7 SEWER SYSTEM There was an update on Area 7 and a meeting is scheduled for September 23, 2009. OCSD DOVER TRUNK - I/I TRACKING Mr. Hamers and Mr. Dulake will meet with OCSD on October 5, 2009 on the 1/1 tracking. HCA INSPECTIONS An Update on Health Department Inspections was provided. • CMSD PROJECTS Director Monahan reported work was started on Project #129, the Bristol Street Sewer. SEWER CLEANING PROGRAM - PROPOSED ADDENDUM #2 TO STAY ON CLEANING SCHEDULE Mr. Fauth provided Addendum #2 to Agreement for Sewer Line Maintenance and Repair, between the Costa Mesa Sanitary District and National Plant Services, Inc., to clean 400,000 linear feet of line that was cleaned between July 2006 and June 2007 and reported it will be cleaned at a rate of $.35 per linear feet. Manhole cover sealing will also be performed to reduce 1 /I. Mr. Fauth stated the line cleaning is required to bring the District's system maintenance within industry standards. Director Ooten moved to approve Addendum No. 2 to Agreement for Sewer Line Maintenance and Repair between the Costa Mesa Sanitary District and National Plant Services at a total cost for the Addendum not to exceed $150,000, subject to legal review. Director Perry seconded the motion. Motion approved 5 -0. 0 • COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 RECYCLING COMMITTEE - MONDAY, SEPTEMBER 14, 2009 Director Ooten reported the Recycling Committee goals were reviewed. Discussion was held on the agenda for the OC Waste & Recycling Coordinators meeting being held Thursday, September 17, 2009. The guest will be Mr. Peter Comiskey, MUZEO Executive Director and Jane Dick, Manager; Development & Partnerships of the MUZEO Foundation Recycling Education Opportunities. Nicki Ruszczyck of CIWMB will present a State Update and a County Update on the Second Cycle Regional Recycling and Waste Diversion Grant Application for Jurisdictions and Orange County Schools will be presented. Director Ooten noted a meeting was held at the CMSD on Wednesday, September 16, 2009 on the $142,256 cooperative grant for the Costa Mesa Sanitary District, the City of Costa Mesa and the City of Huntington Beach. Representatives from the City of Costa Mesa and Huntington Beach were invited. Pat McNelly, who will be making school presentations on the earth machines, also attended. The funds are intended for public outreach, education, composting, and vermicomposting, and to provide earth machines for local schools. . Director Ooten reported Trisha Throop of CR &R was in attendance and reported on the food waste recycling pilot program in South County. Ms. Throop also presented a draft of the CR &R brochure produced for the CMSD. Staff attending the CSDA Annual Conference in Indian Wells September 21 -24, 2009 will include the brochure with other material to be presented at the Exhibitor's table as requested by President Schafer. LARGE ITEM COLLECTION PROGRAM Ms. Revak presented the final report on the Large Item Collection Program that concluded on August 21, 2009. The landfilled tonnage totaled 359.82 tons at a total cost of $7,949.35. Recyclable White Goods collected totaled 77.64 tons, amounting to a credit of $3,797.00 ($48.91/ton) and a net cost of $4,152.35. Ms. Revak provided a weekly progress of the 2009 collection as well as a comparison of the 2004 through 2009 programs. A historical perspective from 1997 through 2009 was also provided. Ms. Revak noted this is the first time since 2003 there has been a cost to the District for the program, which is attributed to the low tonnage cost of white goods in 2009. 0 'COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 0 USED TIRE ROUND -UP The annual Used Tire Round -Up sponsored by the Costa Mesa Sanitary District and the City of Costa Mesa is scheduled for October 17, 2009 from 10:00 a.m. — 2:00 p.m. at the City of Costa Mesa Corporation Yard. Press releases to the local newspapers will be issued and the electronic boards at the Orange County Fairgrounds and Estancia High School will be utilized to provide information on the event. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers presented a request from the Orange County Waste Discharge Requirements (WDR) Steering Committee to place our education /outreach materials on the fully - supported website hosted by the local CWEA Section, Santa Ana River Basis Section (SARBS). SEWER SYSTEM MANAGEMENT PLAN UPDATE An update on the Sewer System Management Plan was provided and the document will be presented to the Board in October. Mr. Harriers noted he prepared the update and Mr. Burns is reviewing the document. TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE - THURSDAY, SEPTEMBER 17, 2009 Mr. Davis reported the Investment Oversight Committee met at 11:15 a.m. on September 17, 2009 with Committee members Schafer, Ferryman and Perry attending. Mr. Davis presented a review of the Treasurer's Report as of August 31, 2009, an Update on Proposition 1A Shift and an Update on CaIPERS Investment Losses. The Investment Oversight Committee minutes will be presented for approval at the October 2009 Board of Directors meeting. BUDGET ADJUSTMENTS FOR DISTRICT YARD, GIS AND PROJECT #129 Mr. Davis presented three separate budget adjustment to provide adequate funding for Project #129 — Bristol Street Sewer Replacement, the construction of the District Yard and a Geographical Information System (GIS) and Computerized Maintenance Management System (CMMS). • • COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 PROJECT #129 - BRISTOL STREET SEWER REPLACEMENT Mr. Davis reported the Board previously approved a contract with Paulus Engineering for the replacement of the Bristol Street sewer from Autoplex to Birch Street. The total cost of the project is $1,147,125, which is funded entirely by the Orange County Development Agency (OCDA). Mr. Davis noted, as such, there should be no cost to the District for this project. An increase of $1,147,125 for Project #129 and an increase in revenue from other agencies of $1,147,125 is recommended. Director Ooten moved to approve the budget adjustment for Project #129 in the amount of $1,147,125 and an increase in revenue from other agencies of $1,147,125. Director Ferryman seconded. Motion passed 5 -0. DISTRICT YARD Mr. Davis noted, at the August 27, 2009 Board meeting, the Board approved additional costs for the construction of the District Yard in the amount of $63,790, consisting of $62,540 in construction costs and $1,250 in contingency. These additional costs were necessary as the contractor was not allowed to substitute subcontractors after the original bid was approved. An increase in • the sewer fund, Transfers Out, Account No. 20- 200000 -4995 of $63,790 and a decrease in Non - Operating Expense Account No. 20- 200000 -4950 of $63,790 is recommended. In the Facilities Revolving Fund Transfers In, Account No. 30- 000000 -3995 an increase of $63,790 and District Yard, Account No. 30- 2000887 -4300 an increase of $63,790 is recommended. Director Perry moved to approve the budget adjustments as stated by Mr. Davis. Director Ooten seconded. Motion carried 5 -0. GIS AND CMMS Mr. Davis noted, at the August 27, 2009 Board meeting, the Board directed Staff to negotiate a full GIS and CMMS to be developed and implemented by Environmental Engineering & Contracting, Inc. (EEC), contingent upon securing adequate funding for the project. Mr. Davis recommends the following budget adjustment to provide the necessary funding: In the Sewer Fund a new account, GIS, an increase in the amount of $194,875. In the Non - Operating Expense Account No. 20- 200000 -4950 a decrease of $36,210; In the Contingency Account No. 20- 200000 -2990 a decrease of $150,000; and in the Retained Earnings, Account No. 20- 000000 -2990 a decrease of $8,665. Director Ooten moved to approve the budget adjustment as stated for development and implementation of a full the GIS and CMMS by Environmental Engineering & Contracting, Inc. (EEC). Director Perry seconded. Motion carried 5 -0. • -COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 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 stated he previously informed the Board of the most recent letter from Bullard, Brown & Beal, LLP and they did approve the $72,956.20 for reimbursement of plaintiff's fees and costs. The plaintiff, however, did not accept the offer but instead sought all of his fees and costs and an agreement on the cost of repair plaintiffs was previously submitted. Mr. Burns stated the discussion continues. The issue is the method of repair, whether we use their method or our method, which is $300,000 cheaper. There could well be a requirement for new grading permits and plans have to be prepared. Working in the District's favor is that the County is a party in the law suit and they are the ones to obtain the grading permit. Mr. Burns will keep the Board and Staff apprised on the status of the claim. ORDINANCE ENFORCEMENT OFFICER - PROPOSED MOU Mr. Burns sent a letter to Kim Barlow, CCM Attorney. A letter was also sent to the City Manager on the subject of an Ordinance Enforcement and a proposed MOU. Mr. Burns has not received any response from the City. Mr. Hamers, Mr. Fauth, Mr. Dulake and Director Ooten had a meeting and discussed the subject at length. Director Ooten requested a diagram of what is going on and if it is linked to the sewer lateral program. Director Ooten volunteered to request an explanation from Mr. Roeder to determine the City's position on this matter. It is a very complicated issue with the City wanting to involve more than one issue according to Mr. Burns. Director Ferryman inquired if there is a short term fix and stated the issues need to be simplified. Mr. Roeder is attempting to solve the tree root/sewer lateral and the Code Enforcement Officer all in one fell swoop and it appears there are too many issues to solve at once stated Director Monahan. When Mr. McIntyre returns, he will call Mr. Roeder on the subject. There was the attempt to have one compensate for the other and go for a two year pilot program using the City's Code Enforcement Officers according to Mr. Fauth. Mr. Fauth stated there is a need of the District to have an Enforcement Officer out in • the field. Director Ferryman suggested hiring someone part -time. -COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 Mr. Burns suggested the Board give direction to Staff on how to proceed with obtaining a part -time Ordinance Enforcement Officer for the District. President Schafer requested Staff hire a part -time employee for 20 hours a week and suggested Staff refer to the applications received when the previous ad was published. A motion to that effect was made by Director Ooten. Director Perry seconded the motion. Motion passed 4 -1. Ms. Kallab will peruse the applications and hopefully come up with an acceptable candidate who is still available. Director Monahan inquired if Staff has a tracking method for complaints. Mr. Fauth replied there is not a tracking system, however, each Staff member receiving complaints keeps notes. Director Monahan requested such a document be established to track complaints. Ms. Kallab will create a document for this purpose. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported the OCSD Board meeting will be held September 23, 2009, and he, therefore, has nothing to report. 0 SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported a meeting of the Santa Ana River Flood Protection Agency was not held in August. 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. LOCAL AGENCY FORMATION COMMITTEE (LAFCO) The Commission received and filed the MWDOC governance study that was the culmination of three years of work among the stakeholders which was initiated in response to the Municipal Service Reviews of MWDOC conducted by LAFCO. The Commission approved a reorganization of one acre of land from Dana Point to San Juan Capistrano. They also approved the proposed 2009 -2010 work plan which was a product of the Strategic Planning session held in August. The next meeting will be October 14, 2009 at 9:00 a.m. ORANGE COUNTY COUNCIL OF GOVERNMENTS is President Schafer was unable to attend. 7� 'COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 17, 2009 CHAMBER OF COMMERCE President Schafer reported Chris Blank is the new Chair and will be on the Legislative Committee. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported it has been a busy month for CSDA, mailing and talking on the phone in preparation for the 40th Annual Conference being held in Indian Wells September 21 -24, 2009. CSDA is providing a booth with the exhibitors for CSDA at the conference where Districts can display information and promotional products on their agency. Ms. Revak will take the documents and products to the Conference. The 2010 Conference will be held at the Newport Beach Marriott at Fashion Island. 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. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) President Schafer and Director Perry reported on the Annual CASA Conference. There was conversation about sewer laterals. There is no pending legislation or interest as evidenced by a poll. Margie Rice of Midway City Sanitary District was sworn in as a Board member and Southern California now has a representative on the Board. OLD BUSINESS There was no old business to discuss. NEW BUSINESS There was no new business to discuss. • ORAL COMMUNICATIONS President Schafer requested Directors and Staff bring their calendars to the October Board meeting so that a date for the 2009 Christmas party can be set. 'COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING MELD SEPTEMBER 17, 2009 i President Schafer reminded the Board of the Special Meeting on Friday, October 9, 2009 at 12:15 p.m. Director Ooten inquired if a District calendar could be displayed on the website. Ms. Kallab responded that there is such a document on the District's website. ADJOURNMENT President Schafer adjourned the meeting at 1:15 p.m. (3) S retary., President • •