Minutes - Board - 2013-09-26 ITEM NO.04
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 26, 2013
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
September 26, 2013 at 5:30 p.m. at 628 W.
1 9tn Street, Costa Mesa.
II. PLEDGE OF President Ferryman led the Pledge of
ALLEGIANCE Allegiance.
III. INVOCATION Vice President Scheafer led the Invocation.
IV. ROLL CALL DIRECTORS PRESENT: James Ferryman, Mike Scheafer, Robert
Ooten, Art Perry, Arlene Schafer
DIRECTORS ABSENT: None
STAFF PRESENT: Scott Carroll, General Manager; Noelani
Middenway, Deputy Clerk of the District;
Robin B. Hamers, District Engineer; Colin
Burns, Deputy District Counsel; Marc Davis,
District Treasurer; Stacey Cuevas, Finance
Manager;
OTHERS PRESENT: Lawrence Jones, CR&R; Jim Mosher,
Resident; Mary Fewel, Costa Mesa
Community Foundation, Steve Cano,
Resident
V. CEREMONIAL MATTERS AND PRESENTATIONS— None.
VI. ANNOUNCEMENT OF LATE COMMUNICATIONS — General Manager Carroll indicated
that Mr. Jim Mosher had submitted written public comments that were provided
to the Board for review.
VII. PUBLIC COMMENTS
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President Ferryman invited members of the public to address the Board.
Seeing no one, President Ferryman closed public comments.
VIII. CONSENT CALENDAR
1. Board of Directors Closed Session The Board of Directors Closed Session
Minutes of August 19, 2013 Minutes of August 19, 2013, was approved
as presented.
2. Board of Directors Study Session The Board of Directors Study Session
Minutes of August 20, 2013 Minutes of August 20, 2013, was approved
as presented.
3. Board of Directors Regular Meeting The Board of Directors Regular Meeting
Minutes of August 29, 2013 Minutes of August 29, 2013, was approved
as presented.
4. Occupancy report and payment to The Board of Directors approved the
Costa Mesa Disposal occupancy report and payment to Costa
Mesa Disposal for the month of August
2013.
5. Contract Payment to CR Transfer for The Board of Directors approved payment
Recycling and Disposal Services to CR Transfer for recycling and disposal
services for the month of August 2013.
6. Adoption of a Warrant Resolution No. The Board of Directors approved adoption
CMSD 2014-3 Approving District of Warrant Resolution No. CMSD 2014-3
Warrant Registers Approving District Warrant Registers for the
month of August in the amount of
$676,670.04.
7. Directors' Compensation and The Board of Directors approved Directors'
Reimbursement of Expenses compensation and reimbursement of
expenses for the month of August 2013.
8. Investment Report The Board of Directors approved the
Investment Report for the month of August
2013.
END OF CONSENT CALENDAR
Director Ooten moved for approval of the Consent Calendar. Vice President Scheafer
seconded the motion, which carried 5-0
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IX. PUBLIC HEARINGS- NONE
X. GENERAL MANAGER/DISTRICT CLERK REPORTS
9. Costa Mesa Community Foundation Sponsorship
Recommendation: That the Board of Directors considers sponsorship levels for
Concerts in the Park and determine how being a sponsor will serve the District's
purpose.
General Manager Carroll noted that this item is being brought before the Board for a
third time and requested direction from the Board in terms of what level of
sponsorship, if any, that the Board would like to award.
President Ferryman invited the representative from the Costa Mesa Community
Foundation (CMCF) to address the Board.
Director Ooten questioned Ms. Mary Fewel, CMCF President, how many sponsors
CMCF has.
Ms. Fewel responded between 12-15 sponsors.
Director Ooten expressed favor of supporting sponsorship of CMCF's concerts in
the park as it was a great opportunity for educating the public.
Director Schafer expressed support and noted that it would be an opportunity for
outreach.
Director Perry questioned how many sponsors were of$1,000 or greater.
Ms. Fewel responded that seventy-five percent of the sponsors were of $1,000 or
greater.
Discussion followed regarding the suggested level of sponsorship.
Vice President Scheafer questioned if the sponsorship could be construed as being
a gift of public funds.
Mr. Burns confirmed that the Board's consideration of being a sponsor has a public
education purpose; therefore, it would not be considered a gift of public funds.
Discussion followed regarding sponsorship levels, the District's opportunity to
provide public education throughout the entire concert series, and staffs ability to
support the event.
Director Ooten moved to approve being a sponsor at the $2,500 level. Vice
President Scheafer seconded the motion, which carried 5-0.
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Director Perry requested that staff have all materials needed.
Vice President Scheafer volunteered his assistance to staff the booth.
There were no additional questions or answers and the report was received and
filed.
10. Permit Technician Position
Recommendation: That the Board of Directors approves the revised job
description.
General Manager Carroll introduced the item and noted that, per the Boards
direction, the Permit Technician job description had been amended to include the
ability to review and make California Environmental Quality Act (CEQA) findings.
Mr. Carroll noted that the District Engineer would review the reports to ensure that
the CEQA findings were correct.
District Engineer, Mr. Rob Hamers, indicated that he has replied to all CEQA related
questions that have been posed to the District and has been successfully complying
with the CEQA process.
Director Perry questioned Mr. Hamers as to how many CEQA responses have been
completed over the past couple of years.
Mr. Hamers indicated that a half dozen a year have been completed and have
increased lately.
Director Schafer questioned Mr. Hamers if cross training with the City of Costa
Mesa staff would be helpful to District staff.
Mr. Hamers felt that training would be essential; however, the City has different
CEQA requirements as the City is a lead agency where the District is a reacting
agency.
Director Perry moved to approve the Permit Technician position as presented.
Director Schafer seconded the motion, which carried 5-0.
11. California Environmental Quality Act (CEQA) Guidelines
Recommendation: That the Board of Directors approves Resolution
No. 2013-843 adopting CEQA Guidelines and directing staff to
implement guideline procedures.
General Manager Carroll noted that the Board has identified the Permit Technician
to be responsible to make CEQA findings and recommended that the Board
approve Resolution No. 2013-843 adopting the CEQA Guidelines.
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Director Perry moved approval of the recommendation.
President Ferryman invited Mr. Jim Mosher to comment on the item.
Mr. Mosher addressed the Board and provided comment regarding the CEQA
guidelines and suggested that state guidelines be explained in better detail in the
CEQA guideline definitions.
Director Perry moved to approve the CEQA guidelines as presented with the
addition of an explanation of the state guidelines in the CEQA guideline definitions.
Vice President Scheafer seconded the motion, which carried 5-0.
12. Revised Standby Policy
Recommendation:. That the Board of Directors authorize the General
Manager to approve the revised Standby Policy and appropriate the
additional funding for the new schedule.
Ms. Anna Sanchez, Administrative Service Manager, provided report details and
noted that the standby policy had been revised to equalize the amount of work
among the field staff and allow the field staff to participate in a Monday through
Monday standby schedule. Staff is recommending that the $50 per day
compensation continue for the revised standby schedule.
Director Perry expressed support of the revised policy.
Discussion followed regarding the responsibility of scheduling of staff to be placed
on the standby schedule.
Vice President Scheafer felt that the revised policy is fair.
Discussion followed regarding the need for field staff to take a District vehicle home
while they are on standby.
Director Schafer moved to approve the revised standby policy. Director Ooten
seconded the motion.
Director Perry asked if C&R Drains would continue to be the first point of contact
after hours.
The motion carried 5-0.
13. Rewarding Ideas
Recommendation: That the Board of Directors approves rewarding the
following employees for their ideas:
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1. Anna Sanchez, $850 for saving $4,250.11 on copy machines.
2. Dyana Wick $264 for enhancing revenues by increasing the penalty
fees for issuing late sewer permits.
General Manager Carroll introduced the item and noted that two rewarding ideas
are being recommended for approval. Mr. Carroll noted that the rewarding idea
submission for Ms. Sanchez was discussed at the August 29 Board meeting and
received a 2-2 vote and the Board requested that it be brought back to this meeting
for full board discussion. Mr. Carroll also noted that Ms. Dyana Wick is
recommended an award for enhancing revenues by increasing penalty fees to
plumbers who continually violate the Sewer Lateral Assistance Program (SLAP)
procedures.
Director Ooten moved for approval. Vice President Scheafer seconded the motion.
Director Perry indicated that he could not support awarding $850 to Ms. Sanchez
and felt that her rewarding idea was part of her job description.
Director Ooten expressed opposition of awarding Ms. Sanchez the amount of $850
even though he had made the motion to approve the recommendation. Director
Ooten felt that the job descriptions for managers should state that they are
responsible for efficiency and effectiveness of programs.
Director Schafer expressed support of the rewarding ideas program and felt that a
set dollar amount for rewards would be appropriate.
Vice President Scheafer felt that the Board needs to show consistency in following
the rewards program policy.
Discussion followed regarding the rewarding ideas program at the Orange County
Sanitation District (OCSD) and State Farm, and calculations based on an annual
savings to determine award amounts.
District Treasurer, Mr. Marc Davis, indicated that the suggested annual savings for
Ms. Sanchez's rewarding idea would be less than what was stated due to the cost
of operating the copy machine that will be transferred to the District yard.
The motion carried, 3-2, with Directors Perry and Schafer opposed.
14. Rewarding Ideas Program Revision
Recommendation: That the Board of Directors considers revising the
program.
General Manager Carroll introduced the item and recommended the positions of
General Manager, Administrative Service Manager, and Finance Manager be
excluded from the revised Rewarding Ideas Program as those three positions
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monitor the program.
Director Ooten noted that was the intent of his recommendation and felt that the
revisions were appropriate.
Director Perry moved to approve the recommendation. Vice President Scheafer
seconded the motion.
Vice President Scheafer expressed appreciation of the revised policy and
encouraged the managers to continue to present ideas.
The motion carried, 5-0.
15. Ad Hoc Committee for CMSD's 70th Anniversary — Oral Report
Recommendation: That the Board of Directors considers establishing a
temporary Ad Hoc Committee to discuss plans for CMSD's 70th
Anniversary.
President Ferryman introduced the item and noted that Directors Perry and Schafer
expressed interest in serving on the CMSD 70th Anniversary.
Vice President Scheafer supported the recommendation.
Discussion followed.
President Ferryman appointed Directors Perry and Schafer to serve on the CMSD
70th Ad Hoc Committee.
XII. ENGINEER'S REPORTS
16. Project Status Report
Recommendation: That the Board of Directors receive and file the
report.
District Engineer Hamers introduced the item and welcomed questions from the
Board.
Discussion followed regarding the size of the printed reports.
There were no additional questions or comments.
Vice President Scheafer requested a five minute recess.
President Ferryman recessed the meeting at 6:18 p.m.
President Ferryman reconvened the meeting at 6:23 p.m.
COSTA MESA SANITARY DISTRICT PAGE 8
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17. Project#196 — Permanent Emergency Equipment at Critical Pump Stations
Recommendation: That the Board of Directors receive and file the report.
General Manager Carroll introduced the item and provided background of the
installation of the permanent bypass pumps at six critical pump stations and
discussed challenges for installing a bypass generator at the Irvine pump station.
Mr. Carroll discussed alternative suggested locations for the bypass generator to be
placed as well as alternative types of generators.
Discussion followed regarding the eminent domain process, the possibility of
placing the generator in the slope, and possibility of vandalism of the generators.
General Manager Carroll indicated that the timeline of completion could be another
year.
Director Ooten recommended that smart covers be placed on all critical pump
stations.
District Engineer Hamers discussed the agreement with the Canyon pumping
station, and addressed the status of the Mendoza, Elden, and Victoria pumping
station housing units.
Director Perry asked if a payment needed to be made to the property owners of
where the Canyon pumping station is located.
Mr. Hamers indicated that a $5,000 and $3,000 lease payment had been negotiated
for five years.
18. Project #200 — Rehabilitation of Four Force Mains
Recommendation: That the Board of Directors approves the following:
1. Alternative IV for rehabilitating Harbor, Mendoza, South Coast
Plaza and Victoria force mains.
2. Transfer $180,868 from the Asset Management Fund to fund the
entire proposed project.
Mr. Hamers noted that the project number is 200, not 201, and discussed the
recommendation of not performing an electromagnetic sensor analysis of the force
mains and to rehabilitate or replace the four force mains.
Discussion followed regarding the use of plastic versus metal and the process to
replace the full force main.
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Director Ooten moved to approve the recommendation. Vice President Scheafer
seconded the motion, which carried 5-0.
Discussion followed regarding the need to appropriate additional funds for the
project.
General Manager Carroll noted that the appropriation of funds was part of the
recommendation and the Board has approved the transfer of $180,868 to fund the
project.
XII. TREASURER'S REPORTS — None
XIII. ATTORNEY'S REPORTS - None
XIV. LOCAL MEETINGS
A. Orange County Sanitation District (OCSD) — (Director Ooten)
Recommendation: That the Board of Directors accepts oral report.
President Ferryman reported on his attendance of the OCSD meeting and
noted that OCSD is refinancing District revenue anticipation notes and
discussed union negotiations that will be going to impasse.
B. Santa Ana River Flood Protection Agency (SARFPA) — (Secretary
Perry)
Recommendation: That the Board of Directors accepts oral report.
•
President Ferryman reported on his attendance of the SARFPA meeting and
noted that a delay in the anticipated finish date. President Ferryman
requested that a proclamation be prepared in honor of Mr. Jim Wahner for
his years of service on the SARFPA Board.
C. Independent Special Districts of Orange County (ISDOC) — (Vice
President Scheafer)
Recommendation: That the Board of Directors accepts oral report.
Vice President Scheafer reported on the ISDOC Bylaws and the discrepancy
of whether or not an appointed official can serve on the Board.
D. California Special Districts Association (CSDA)
Recommendation: That the Board of Directors accepts oral report.
Director Perry requested confirmation that Ms. Middenway had received his
ethics training certificate of completion. Director Perry reported on his
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attendance of a Conflict of Interest workshop.
Vice President Scheafer congratulated General Manager Carroll and the
District on the awards received at the conference.
E. California Association of Sanitation Agencies (CASA)
Recommendation: That the Board of Directors accepts oral report.
Director Perry reported that Midway City received the award for
organizational excellence.
F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance
No. 55, Operations Code Section 3.01.030
Recommendation: That the Board of Directors accepts oral report.
Director Schafer reported on her attendance of the ISDOC, Chamber Legislative
meeting, Vista Irrigation District meeting, the Board of Directors closed session,
study session, and CASA meeting.
XVI. OLD BUSINESS - None
XVII. NEW BUSINESS
19. Nomination of Director Arlene Schafer to run for Region 6 of the CSDA Board
of Directors — Oral Report
Recommendation: That the Board of Directors consider and approve the
nomination of Director Arlene Schafer to run for Region 6 of the CSDA Board of
Directors.
Vice President Scheafer moved to approve the recommendation. Director Perry
seconded the motion, which carried 5-0.
XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Ooten requested an update at a future study session on the negotiations for local
sewers to be transferred to the local agencies.
XIX. CLOSED SESSION
20. August 31, 2013 Sanitary Sewer Overflows — Oral Report
To discuss anticipated litigation in the matter of the Back Bay spill occurring on
or about August 31, 2013, and any attempt to levy administrative fines arising
therefrom pursuant to Government Code Section 54956.9(b).
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President Ferryman invited Mr. Mosher to address the Board.
Mr. Mosher provided public comment and suggested that this item should be discussed in
open session and that any dispute between two public agencies should be discussed in a
public meeting.
General Manager Carroll indicated that this item was discussed at a Liaison Committee
meeting and at the special meeting with Assemblyman Mansoor and noted that both
meetings were noticed public meetings.
There were no additional questions or comments.
President Ferryman recessed the meeting at 7:08 p.m.
President Ferryman reconvened to closed session at 7:10 p.m.
President Ferryman reconvened to open session at 7:32 p.m. and indicated that no
reportable action had been taken during the closed session.
XX. ADJOURNMENT
There being no further business to come before the Board of Directors, President
Ferryman adjourned the meeting at 7:34 p.m.
THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT
BOARD OF DIRECTORS WILL BE HELD ON OCTOBER 24, 2013 AT 5:30 P.M. IN
THE DISTRICTS BOARD ROOM, 628 W. 19TH STREET.
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