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Minutes - Board - 2014-01-14CALL TO ORDER ROLL CALL PUBLIC COMMENT COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION JANUARY 14, 2014 The Board of Directors of the Costa Mesa Sanitary District met in study session on January 14, 2014 at 9:30A.M. at 628 W. 19th Street, Costa Mesa. DIRECTORS PRESENT: James Ferryman, Robert Ooten, Art Perry, Arlene Schafer, Mike Scheafer DIRECTORS ABSENT: None STAFF PRESENT: Scott Carroll, General Manager; Robin Hamers, District Engineer; Noelani Middenway, District Clerk; Javier Ochiqui, Management Analyst OTHERS PRESENT: Lawrence Jones, CR &R; Jim Mosher, Resident President Ferryman invited members of the public to address the Board. Mr. Jim Mosher provided public comment concerning the audio recordings of the meetings and suggested that they not be destroyed upon Board approval of the minutes. Seeing no one further, President Ferryman closed public comments ITEMS OF STUDY a. Recycling & Waste Diversion Reports Recommendation: That the Board of Directors receive and file the December 2013 report. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 Mr. Javier Ochiqui provided report details and noted a waste diversion of over forty - thousand tons that equaled a 57 percent diversion rate. Vice President Scheafer commented on green waste being the highest recycled commodity. Discussion followed. Mr. Mosher provided public comment regarding the use of the waste characterization methodology as suggested in the results of the audit conducted by Mr. Mike Balliet. Mr. Ochiqui noted that staff is working with CR &R on incorporating the new methodology into the reports. There were no additional questions or comments and the report was received. b. Ordinance Enforcement Officer Report Recommendation: That the Board of Directors receive and file the report. General Manager Carroll noted that there was nothing to report and offered to respond to questions from the Board. Director Schafer expressed appreciation of spelling out of the acronyms in the staff report and questioned what happens to scavengers that are unable to be located. General Manager Carroll noted that the report is generated by the Police Department and in some cases scavengers have left the area once enforcement arrives. There were no additional questions or comments and the report was received. C. Trash Services for Disabled Residents Recommendation: That the Board of Directors receive and file the report. Mr. Ochiqui provided report details and noted that CR &R currently provides roll -out assistance to disabled customers who request the assistance. Mr. Ochiqui indicated that District Counsel does not recommend that the District create a more specific policy for disabled residents aside from the District's general policy of reasonable accommodation and recommended that each request be reviewed on a case by case basis. Mr. Ochiqui provided details of a resident who refuses to utilize trash carts as she has indicated that there is a lack of space to keep a trash cart on her property. Mr. Ochiqui noted that District Counsel indicated that the resident's lack of space does not constitute a disability related condition that requires accommodation, unless the reason she does not have room is related to a disability. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 Director Ooten commented that if the resident is indeed disabled then the District should try to accommodate her. Discussion followed. General Manager Carroll noted that CR &R accommodates disabled residents by providing a roll -out service that includes the pulling out, emptying, and replacement of the trash cart. Director Perry requested CR &R to provide staff with the number of disabled residents receiving roll -out service accommodation. General Manager Carroll noted that the Board had previously directed staff to maintain the roll -out service and to require residents to utilize trash carts to avoid setting a precedent of residents not using trash carts. Mr. Carroll suggested creating an Ad Hoc Committee comprised of himself, District staff, CR &R staff, and two members of the Board to address the issue. President Ferryman appointed Vice President Scheafer and Director Ooten to the Ad Hoc Committee. There were no additional questions or comments and the report was received. d. Sponsorships: Community Run Event and Estancia & Tewinkle Schools Foundation Recommendation: That the Board of Directors provide staff with direction on the sponsorship level. General Manager Carroll provided report details and reviewed the District's gift of public funds policy with the proposed sponsorships to ensure that the District's purpose was satisfied. Director Perry confirmed that an educational booth would be provided at the Community Run Event. Discussion followed and it was determined that sponsoring the Community Run Event was not a gift of funds and would satisfy the District's purpose in providing public outreach and education of the District's programs. Director Ooten suggested that the 70th Anniversary Committee develop an effective means of engaging the public when distributing giveaway items. Director Perry expressed support of the $1,000 sponsorship to obtain a booth at the Community Run Event. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 President Ferryman requested that staff provide the Board with information on the anticipated number of participants at the event. General Manager Carroll shall place this item on the January 23 agenda with a recommendation of awarding a $1,000 sponsorship for the Community Run Event with an explanation of the benefits of being a sponsor. General Manager Carroll provided details of the request for sponsorship from the Estancia & Tewinkle Schools Foundation to fund grants to promote student achievements and academic excellence on each campus. Vice President Scheafer and Director Schafer felt that sponsorship of the Estancia & Tewinkle Schools Foundation served the District's purpose by placing an ad in the Gala's program promoting the District's programs. Vice President Scheafer noted that the District could purchase advertisement space without being a sponsor. General Manager Carroll noted that a full -page advertisement would cost $250. Discussion followed Vice President Scheafer indicated that he will be attending the event as an honoree. Director Ooten requested that staff provide the Board with the proposed contents of a half -page and full -page advertisement and place the item on the January 23 agenda. Director Schafer expressed concern about setting a precedent of sponsoring foundations. Discussion followed regarding setting a future budget amount for sponsorships. Vice President Scheafer expressed support of placing a full -page ad in the program for $250. General Manager Carroll noted that this item will be brought back to the January 23 Board meeting with additional information. Director Ooten expressed support of creating a budget line item for sponsorships. Mr. Mosher provided public comment and felt that unless a governmental organization has been created to support charitable causes it should not be using its money for that purpose and expressed concern about obtaining the same value and full benefit from a sponsorship as the District would by directly expending the funds. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 The Board of Directors directed the General Manager to place this item on the January 23 agenda. There were no additional questions or comments and the report was received. e. SLAP Comparison /Las Gallinas Valley Sanitary District Sewer Lateral Assistance Program Recommendation: That the Board of Directors receive and file the report. The item was tabled to a future meeting because the staff person giving the report was on sick leave. f. Telephone Book Recycling Program (Update) — Oral Report Recommendation: That the Board of Directors receive and file the report. The item was tabled to a future meeting because the staff person giving the report was on sick leave. g. Waste to Waves (Update) — Oral Report Recommendation: That the Board of Directors receive and file the report. The item was tabled to a future meeting because the staff person giving the report was on sick leave. h. CMSD's 70th Anniversary /Calendar of Events —Oral Report Recommendation: That the Board of Directors receive and file the report. General Manager Carroll introduced the item and noted that the calendar of events was not included in the agenda packet at the time of posting but has been made available to the public and provided to the Board. Mr. Ochiqui provided an overview of the District's 70th Anniversary calendar of events. Director Perry requested input from the Board to ensure that all events were included in the calendar. Vice President Scheafer suggested contacting the Orange County Model Engineers and the organizers of the Scarecrow Festival to request having a booth at one of their events. Discussion followed. President Ferryman suggested having a booth at the Estancia vs. Costa Mesa High School Battle of the Bell football game. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 Director Perry suggested highlighting the opening of CR &R's anaerobic digestive facility in Perris during the battle of the Bell football game as it would advertise the District's prospective organics recycling program. Director Schafer noted that the District would sponsor the March 20, 2014 Costa Mesa Chamber of Commerce Breakfast at which General Manager Carroll would provide a presentation. Discussion followed. There were no additional questions or comments and the report was received. i. Fairview Trunk — Oral Report Recommendation: That the Board of Directors receive and file the report. District Engineer Hamers provided background of Orange County Sanitation District's (OCSD) desire to transfer the Fairview Trunk sewer to the District. Mr. Hamers indicated that a condition assessment and cost estimate was completed and it was concluded that the line required $374,000 of upgrades to bring it to industry standard. Mr. Hamers noted that OCSD had taken the position that there are a few minor things that affect its current operation, that the Segerstrom project will be able to connect to the line even if the line is not transferred to the District, and that the District would be able to receive connection fees depending on how the onsite sewers are arranged. Discussion followed regarding OCSD's findings based on the video footage of the lines condition. District Engineer Hamers recommended that the District not accept the line in its current condition. Director Schafer suggested placing this item on the January 23 Board agenda for discussion and to prepare a formal response to OCSD. District Engineer Hamers noted that OCSD indicated in a letter to the District OCSD would recommend to their Board of Directors to transfer the line to CMSD at no extra cost. Discussion followed. Director Ooten requested District Engineer Hamers to provide an analysis of the work that needed to be done. Director Perry suggested that the District provide an analysis of how it perceives the calcium and other problems with the line as an addendum to the response letter to OCSD. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 President Ferryman directed staff to provide a written response to OCSD thanking them for the offer and indicating that the District is not in a position to accept the line at this time. District Engineer Hamers noted that the District needs to inform the Segerstroms of its decision as well. Mr. Hamers noted that a staff report and draft letter will be prepared for the January 23 meeting. There were no additional questions or comments and the report was received. January Sewer Construction — Oral Report Recommendation: That the Board of Directors receive and file the report. District Engineer Hamers provided report details and noted that a standby generator will be installed at the Canyon pumping station, backup pumping units at the Elden, Victoria, and Mendoza pumping stations, remodeling and replacing piping and valves at the 21St Street pumping station, finishing grade 5 Project #197, production cleaning of yearly footage to be completed by National Plant Services, and investigation of ductile iron pipe condition, and pump station maintenance by Xylem, Inc. Mr. Hamers responded to Director Perry's question and confirmed that there are inspectors at each of the noted projects. There were no additional questions or comments and the report was received. k. Irvine Pump Station Generator Update — Oral Report Recommendation: That the Board of Directors receive and file the report. District Engineer Hamers noted that the problem in relation to the sewer spill had been corrected; discussed the installation of a backup power generator and noted that plans for the new generator were ninety percent complete. Mr. Hamers stated that District Counsel has been in negotiations with the attorney for the Back Bay Shopping Center regarding the value of the easement being obtained from the shopping center. Mr. Hamers noted that the appraisal regarded that the value of the easement and that the project cannot proceed until negotiations are finalized for the cost of the easement. Mr. Hamers responded to President Ferryman's question regarding Back Bay Shopping Center's requested amount for placing a generator on their easement. General Manager Carroll noted that the District spent $4,000 to conduct the appraisal. Discussion followed. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 General Manager Carroll indicated that a copy of the appraisal had been provided to Back Bay Shopping Center and requested that the Board provide a dollar amount that they would be comfortable with. Director Ooten suggested that President Ferryman be the Board's representative. Other members of the Board concurred. In response to General Manager Carroll's question, Vice President Scheafer indicated an amount that he was comfortable with. . District Engineer Hamers suggested informing Back Bay Shopping Center that the District is a government agency and that the value must be based on a finding and that it would be incumbent upon them to have their own appraisal conducted. President Ferryman made some suggestions to counter Back Bay Shopping Center's offer. Discussion followed. President Ferryman directed staff to request District Counsel to prepare a letter to Back Bay Shopping Center stating that due to the discrepancy of the value the Board of Directors request Back Bay Shopping Center to obtain an appraisal at their own expense. Discussion followed. In response to General Manager Carroll's question, President Ferryman indicated the Board's estimated value of the easement and requested clarification from the Board directing the General Manager to contact District Counsel to inform him that the Board is willing to lease the easement for a set amount agreed by the Board. President Ferryman clarified that the District Counsel is to request that Back Bay Shopping Center conduct an appraisal at their own expense and if Back Bay Shopping Center refuses then the District should consider other options. Director Ooten requested that the eminent domain process, schedule, and costs be provided to the Board. There were no additional questions or comments and the report was received. I. Future study session items Recommendation: That the Board of Directors provide staff with direction on the type of items to be placed on future study sessions. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 14, 2014 Director Perry informed Mr. Lawrence Jones, CR &R, of the Ad Hoc Committee that was established to meet with CR &R representatives to discuss how to best accommodate disabled residents. General Manager Carroll informed Mr. Jones that the Board has requested information on the number of roll -out services that CR &R is currently providing within the District, background on the roll -out service, and the accommodation provided to the specific resident who refuses to have a trash cart. President Ferryman requested that an update be provided to the Board when the District receives a response from the regional water quality control board regarding the sewer system overflow (SSO) in the Back Bay. Director Schafer requested that the 70th Anniversary be placed on the February 18 study session agenda. Director Ooten noted that he had submitted a list of potential study session items and requested that the General Manager provide the list to the Board for review. Director Ooten also commented on a smart cover alert at the 23`d pumping station. District Engineer Flamers noted that the smart cover elevation level is set to the same as the high water alarm to receive the independent alarms simultaneously. Vice President Scheafer noted that the Special District Risk Management Authority (SDRMA) has new safety programs for both the Board and Staff levels and requested that this item be placed on a future study session agenda. There were no additional questions or comments. ADJOURNMENT There being no further business to come before the Board, President Ferryman adjourned the meeting at 10:57 a.m. _ 1 Art Perry Secretary es Ferryman resident