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03 - Minutes Regular Meeting 2013-11-21 DRAFT ITEM NO. 03 CMSD OSTA ESA ANITARY ISTRICT MBDRM INUTES OF OARD OF IRECTORS EGULAR EETING N21,2013 OVEMBER ______________________________________________________________________ COThe Board of Directors of the Costa Mesa ALL TO RDER Sanitary District met in regular session on November 21, 2013at 5:30 p.m. at 628 W. th 19Street, Costa Mesa. PPresident Ferrymanled the Pledge of LEDGE OF A Allegiance. LLEGIANCE I Vice President Scheaferled the Invocation. NVOCATION RCDP: James Ferryman, Mike Scheafer,Robert OLL ALLIRECTORS RESENT Ooten, Art Perry, Arlene Schafer DA:None IRECTORS BSENT SP:Scott Carroll, General Manager; Anna TAFF RESENT Sanchez, Administrative Service Manager; Robin B. Hamers, District Engineer; Alan Burns, District Counsel;Javier Ochiqui, Management Analyst;Marc Davis, District Treasurer/InterimFinance Manager; Noelani Middenway, Deputy Clerk of the District OP:Dean Ruffridge, CR&R; Lawrence Jones, THERS RESENT CR&R; Mike Silva, CR&R; Bradley Zint, Daily Pilot CMP President Ferryman noted that a EREMONIAL ATTERS AND RESENTATIONS proclamation would be presented to Mr. James Wahner in honor of his 20 years of service on the Santa Ana River Flood Protection Agency (SARFPA). Director Schafer moved to adopt Resolution No. 2013-846 in honor of Mr. Wahner. Vice President Scheafer seconded the motion. The motion carried 5-0. ALC None NNOUNCEMENT OF ATE OMMUNICATIONS PC - None UBLIC OMMENTS ITEM NO. 03 CMSD P2 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ I. CC ONSENT ALENDAR Board of Directors Special The Board of DirectorsSpecial Meeting 1. Meeting Minutes of October Minutes of October 1, 2013 were 1,2013approvedand filed. Board of Directors ClosedThe Board of Directors ClosedSession 2. Session Minutes of OctoberMinutes of October9, 2013were 9, 2013approvedand filed. Board of Directors Special The Board of DirectorsSpecial Meeting 3. Meeting Minutes of October Minutes of October 9, 2013 were 9, 2013approvedand filed. Board of Directors Study The Board of Directors Study Session 4. Session Meeting Minutes of Meeting Minutes of October 15, 2013 October 15, 2013were approved and filed. Board of Directors Regular The Board of DirectorsRegular 5. Meeting Minutes of October Meeting Minutes of October 24, 2013 24, 2013wereapprovedand filed. Board of Directors Special The Board of Directors Special Meeting 6. Meeting Minutes of October Minutes of October 29, 2013 were 29, 2013approved and filed. Occupancy Report and The Board of Directors approved the 7. payment to Costa Mesa occupancy report and payment to Costa Disposal Mesa Disposal for the month of October 2013. Contract Payment to CR The Board of Directors approved the 8. Transfer for Recycling & Contract Payment to CR Transfer for Disposal Services Recycling & Disposal Services for the month of October2013. Adoption of a Warrant The Board of Directors adopted Warrant 9. Resolution No. CMSD 2013-Resolution No. CMSD 2013-5 approving 5Approving District Warrant District warrants for the month of October Registers2013 in the amount of $618,174.94. ITEM NO. 03 CMSD P3 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ DirThe Board of Directors approved 10. Reimbursement of Expenses reimbursement of expenses for the month of October2013. Investment ReportThe Board of Directors approved the 11. Investment Report for the month of October 2013. Refund of Sewer Item pulled for separate discussion and 12. Assessment No Serviceconsideration. Director Ooten moved for approval of the Consent Calendar except for the item 12that was pulled for a separate vote. Vice President Scheafer seconded the motion, which carried 5-0. Discussion followed regarding Item No. 12 and it was noted that there is no limit to a refund amount for the item to be placed on the Consent Calendar. Director Perry moved for approval of the item. Vice President Scheafer seconded the motion, which carried 5-0. ECC ND OF ONSENT ALENDAR PH - None UBLIC EARINGS GM/DCR ENERAL ANAGERISTRICT LERK EPORTS 14. Alternate District Engineer Recommendation: That the Board of Directors give staff direction on requiring Bruce Mattern, Alternate District Engineer, to carry errors & omissions insurance. General Manager Carroll advised the Board of Directors that Mr. Bruce Mattern who serves as the Alternate District Engineer does not carry errors & omissions (E&O) insurance and requested direction from the Board as to whether or not Mr. Mattern should carry E&O insurance. Vice President Scheafer noted his opposition of waiving the requirement for Mr. Mattern to carry E&O insurance and expressed concern regarding Mr. Mattern continuing his service as Alternate District Engineer if he did not possess E&O insurance. Members of the Board agreed as to the importance of the matter. Discussion followed regarding the steps necessary to hire an alternate District Engineer. CMSD P4 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ General Manager Carroll noted that the Special District Risk Management Association recommended that Mr. Mattern carry E&O insurance. provides additional information. Director Schafer seconded the motion. Director Ooten clarified that he would like staff to provide the Board of Directors with a list of alternate engineers for their consideration. The motion carried 5-0. nd 15. CR&R Environmental Services 2 Amendment to Exclusive Franchise Agreement Recommendations from Performance Audit and Organic Recycling Program nd Recommendation: That the Board of Directors approves the 2 Amendment. General Manager Carroll provided a presentation on the proposed Organics Recycling program. Mr. Dean Ruffridge of CR&R indicated that CR&R is in the sixth year of the evergreen contract, discussed the two-pass method, and noted that the organics program is the only way to achieve a 75% waste diversion rate. Mr. Mike Silva of CR&R provided an update on the construction of the CR&R facility in Perris, CA, discussed how the anaerobic digestive (AD) program works, and provided a description of the renderings of the AD facility. Discussion followed regarding the need to complete a CEQA review prior to approval of the amendment to the agreement. District Counsel Burns stated that the District is not able to pre-commit ahead of the CEQA legal review. Discussion followed. District Counsel Burns noted that the CEQA process does not dictate whether the Board of Directors should approve or deny a project, however, it requires that the Board of Directors thought about the environmental impact. Discussion followed. Vice President Scheafer moved to approve conducting a CEQA review. Director Ooten seconded the motion, which carried 5-0. Vice President Scheafer moved to approve directing staff to conduct a community outreach meeting in an evening timeframe within 30 days or before the CEQA review. CMSD P5 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ Director Schafer seconded the motion, which carried 5-0. 16. Finance Manager Recommendation: That the Board of Directors give staff direction for filling the Finance Manager vacant position. District Counsel Burns noted that District Treasurer Davis requested to recuse himself from the meeting as the discussion item would consider the possible hiring of his wife, Mr. Davis exited the meeting at 6:46 p.m. President Ferryman recessed the meeting at 6:47 p.m. President Ferryman reconvened the meeting at 6:51 p.m. General Manager Carroll noted that the position of Finance Manager is vacant, provided options of methods to fill the vacancy, and discussed the possibility of hiring Ms. Wendy Davis as the interim Finance Manager through CBIZ MHM, LLC. Director Perry questioned if there was a legal requirement to revisit the candidate eligibility list. General Manager Carroll confirmed that it was not a legal requirement. Counsel Burns reaffirmed there is no conflict of interest if Ms. Davis is the Interim Finance Director as an employee of CBIZ. However, before the District considers offering the position to Ms. Davis on a permanent basis the District should obtain an opinion from the California Fair Political Practices Commission (FPPC) to determine if a conflict of interest exist. Staff will request an opinion from FPPC in January 2014. Discussion followed. Vice President Scheafer moved to approve the hiring of Ms. Wendy Davis to serve as Interim Finance Manager. Director Schafer seconded the motion, which carried 5-0. Mr. Davis re-entered the meeting at 6:59 p.m. E'R NGINEERS EPORTS 17. Project Status Report Recommendation: That the Board of Directors receive and file the report. District Engineer Robin B. Hamers introduced the report and offered to respond to questions. CMSD P6 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ Director Ooten requested that the bid results be included in future updates. The Board of Directors received and filed the report. 18. Project #196-D Irvine Pumping Station Generator Proposed Agreement with Pacific Data Electric for Construction Design Services Recommendation: That the Board of Directors approves the following: 1. Sole sourcing construction design services for Project #196-D because alternative procedures are in the best interest of the District in accordance with Operations Code Section 4.04.120(f); and 2. The agreement with Pacific Data Electric (PDE) for performing construction design services for Project #196-D. District Engineer Hamers presented details of the report, provided an update on the Irvine Pumping Station Generator, and discussed sole source findings based on familiarity with the project. Brief discussion followed regarding the cost of the easement and appraisal. Director Ooten moved to approve part one of the recommendation. Director Perry seconded the motion, which carried 5-0. Director Ooten moved to approve part two of the recommendation. Director Perry seconded the motion, which carried 5-0. T'R - None REASURERS EPORT A'R - None TTORNEYS EPORT LM OCAL EETINGS A.Orange County Sanitation District (OCSD) (President Ferryman) Recommendation: That the Board of Directors accepts oral report. President Ferryman reported attending the recent meeting and that Vice President John Anderson is resigning from his position on the Board of Directors as he has accepted a new position. Additionally, President Ferryman noted that Mayor Keith Curry of the City of Newport Beach was appointed to the Steering Committee, OCSD has settled with SAWPA (Santa Ana Watershed Project Authority after nearly 13 years, and that OCSD is going to impasse with union negotiations. The Board of Directors accepted the oral report. B. Santa Ana River Flood Protection Agency (SARFPA) (Secretary Perry) CMSD P7 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ Recommendation: That the Board of Directors accepts oral report. President Ferryman reported that Mr. Jim Wahner was honored for his years of service and discussed budget concerns. C. Independent Special Districts of Orange County (ISDOC) (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported that ISDOC met on November 15, 2013, and noted that he acted as Chair because the President and Vice President were absent at that meeting. Vice President Scheafer indicated that Mr. Jim Fisler announced a vacancy on the LAFCO Board. District Counsel Burns noted that Ms. Cheryl Brothers won the November 14, 2013 election. Additionally, Vice President Scheafer discussed his attendance of the OCCOG (Orange County Council of Governments) meeting and that he had provided his vote on behalf of the District approving the ISDOC Bylaws. The Board of Directors accepted the oral report. D. California Special Districts Association (CSDA) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported that he was reappointed to the CSDA Education Committee and Leadership Committee and discussed his attendance of the Napa Leadership Conference. Vice President Scheafer encouraged the other Board members who attended the Napa conference to complete the conference survey. The Board of Directors accepted the oral report. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. No report was provided as SARFPA has not met recently. 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 Ooten reported attending the WACO (Water Advisory Committee of Orange County) meeting. Director Schafer reported attending the CMSD special meeting, Chamber of Commerce Legislation, WACO, CMSD closed session, study session and update with the General CMSD P8 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HN21,2013 ELD OVEMBER ________________________________________________________________ Manager. Additionally, Director Schafer noted that the adopted Warrant Resolution noted her reimbursement of her luggage delivery. Director Perry commented on his attendance of the Napa Leadership Conference. The Board of Directors accepted the oral reports. OB - None LD USINESS NB - None EW USINESS OCDC RAL OMMUNICATIONS AND IRECTOR OMMENTS December 12, 2013 at 5:00 p.m. Director Perry questioned if a Chamber breakfast would be held in January as he would like to distribute information regarding the organic recycling program. A DJOURNMENT There being no further business to come before the Board, President Ferryman adjourned the meeting at 7:29 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on December 19, 2013 at 5:30 p.m. in the District's Board Room, 628 W. 19th Street. _________________________ _________________________ Art Perry James Ferryman Secretary President