Minutes - Board - 2018-12-11COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
DECEMBER 11, 2018
Members present
Arlene Schafer, Art Perry, Jim Ferryman, Mike Scheafer
Members absent
Bob Ooten
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk), Ed Roberts (Code.
Enforcement Officer), Kaitlin Tran (Senior Accountant), Nabila Guzman (Management
Analyst 1), Gina Terraneo (Management Analyst 11), Joel Ortiz (Wastewater
Maintenance Worker III), Jesse Blakely (Wastewater Maintenance Worker 1)
Others present
Pars Parikh (CR&R)
Meeting called to order at 9:30 A.M
A. OPENING ITEMS
Procedural: 1. Call to Order
President Scheafer called the meeting to order at 9:30 A.M.
Procedural: 2. Roll Call - (If absences occur, consider whether to deem those absences
excused based on facts presented for the absence — such determination shall be the
permission required by law.)
District Clerk, Noelani Middenway,
Scheafer, Vice President Ferryman,
present.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
conducted roll call and noted that President
Secretary Schafer, and Director Perry were
President Scheafer opened public comments. Seeing no one wishing to speak,
he closed public comments.
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MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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C. ITEMS OF STUDY
Presentation: 1. November 2018 Code Enforcement Officer Report
Recommendation: That the Board of Directors receive and file this report.
Code Enforcement Officer, Ed Roberts, presented report details. He noted that
he conducted 9 proactive scavenging investigations during the month of
November. He added that none of the scavengers were repeat offenders and
there were no notable contacts.
Secretary Schafer commented that residents of College Park have brought to her
attention that CR&R drivers do not ensure that trash cart lids are closed after
carts are emptied.
Pars Parikh of CR&R noted that he will address this with CR&R's route manager.
President Scheafer asked Mr. Roberts if he sees a downturn in scavenging
activity during weather events.
Mr. Roberts noted that, on the contrary, he sees more scavengers during bad
weather and during the early morning hours. He noted that scavengers tend to
act when there is less traffic and a lesser chance of contact with homeowners.
He shared that he had a civilian ride along yesterday, during which he
encountered two scavengers. Mr. Roberts also noted that the District may notice
an uptick in scavenging activity due to the holiday season and the resulting
prevalence of recyclable materials in residential trash carts.
President Scheafer asked if Mr. Roberts has the authority to pull over scavengers
who collect recyclables in large trucks.
Mr. Roberts responded that he does not believe he has the authority to do so. He
noted that municipal and operational codes can be prosecuted under state law as
misdemeanors. Mr. Roberts commented that detainment of scavengers could be
dangerous and would be out of his scope of duty. He noted that he could identify
the license plate number of a scavenger's vehicle and report it to the police
department for further action. Lastly, Mr. Roberts offered to conduct patrols
during alternate hours if the Board of Directors requests.
President Scheafer shared a concern that scavengers sometimes leave items
scattered in the public right of way, which can create hazards for pedestrians.
Director Perry noted that Mr. Roberts' report describes an instance when a
scavenger ran away as Mr. Roberts attempted to make contact.
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Mr. Roberts confirmed and shared that he does not pursue scavengers that run
away. He noted that many scavengers avoid contact with him because they can
see that he is not a police officer.
President Scheafer asked if the District has any jurisdiction over scavenging that
occurs in dumpsters.
Mr. Roberts noted that the City of Costa Mesa's Code Enforcement has
jurisdiction over dumpsters; however, scavengers usually scavenge from both
dumpsters and trash carts.
Discussion followed regarding scavenging activity on Peppertree Lane in Costa
Mesa and Mr. Roberts' civilian ride along experience.
President Scheafer commended Mr. Roberts for the respectful manner in which
he interacts with scavengers and the public. He commented that the District's
code enforcement presence makes a big difference in the community.
Mr. Roberts shared that he issued 111 notices of violation for trash carts in public
view in November.
Director Perry suggested that Mr. Roberts make a presentation to the Citizens
Advisory Committee (CAC) in the future.
There was no further discussion and the report was received.
Action, Receive and File: 2. Solid Waste Diversion Report
Recommendation: That the Board of Directors receive and file this report.
General Manager, Scott Carroll, presented the report and welcomed questions.
Director Perry asked if the report includes the Orange Coast College Recycling
Center's (OCCRC) data.
Management Analyst 1, Nabila Guzman, noted that the OCCRC's data was
included in the report. She added that there was an increase in landfill tonnage
collected in November, which brought the District's diversion rate down.
There were no further questions and the report was received.
Action, Receive and File: 3. Organics Tonnage Report
Recommendation: That the Board of Directors receive and file this report.
Mr. Carroll presented the report and welcomed questions.
There were no questions and the report was received.
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Action: 4. Ordinance No. 123 - Adoption of Rosenberg's Rules of Order
Recommendation: That the Board of Directors direct staff to bring this item back to the
December 20, 2018 meeting for approval consideration.
Mr. Carroll presented report details. He noted that the District currently abides by
the parliamentary procedures laid out in Robert's Rules of Order. He noted
that Robert's Rules of Order consist of over 700 pages and were established
over 150 years ago, whereas Rosenberg's Rules of Order are condensed into 7
pages. Mr. Carroll shared that Rosenberg's Rules of Order are widely accepted
among city councils and special districts. He noted that staff is requesting the
Board of Directors' comments and direction to bring this item back to the
December 20, 2018 Board Meeting. He noted that the CAC will discuss this
recommendation at their meeting tomorrow.
Director Perry asked what the main differences are between the two Rules of
Order.
Mr. Carroll noted that he will let District Counsel, Alan Burns, answer that
question at the Board Meeting, since Mr. Burns made this recommendation.
President Scheafer noted that he reviewed the report and commented that it
seems like the major differences pertain to public comment and the life of a
motion. He confirmed that Mr. Burns recommends the change.
The Board of Directors directed staff to bring the item back to the December 20,
2018 Board Meeting.
There was no further discussion.
Action: 5. Ordinance No. 124 - Reenacting the Purchasing Provisions of the
District's Operations Code
Recommendation: That the Board of Directors direct staff to bring this item back to the
December 20, 2018 meeting for approval consideration.
Mr. Carroll presented report details. He noted that the District's purchasing
ordinance complies with the Uniform Public Construction Cost Accounting Act,
which allows public agencies to conduct informal bids within certain dollar
amounts. Mr. Carroll shared that the District's ordinance currently allows informal
bidding for projects that cost between $30,000 and $125,000. He noted that the
state legislature has increased the allowable dollar amounts to a range of
$60,000 to $200,000. Mr. Carroll noted that staff is requesting direction and
shared that the CAC will be discussing the recommendation at their meeting
tomorrow. Lastly, he noted that the Board of Directors can direct staff to bring the
item back to the December 20, 2018 Board Meeting or set alternative limits for
informal bidding.
Director Perry asked how Mr. Carroll feels about the change.
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Mr. Carroll commented that one benefit of the change would be that public works
projects could be expedited if necessary.
Director Perry confirmed that the state approved the $60,000 to $200,000 range.
He indicated support for bringing the item back to the December 20, 2018 Board
Meeting.
Secretary Schafer suggested that Mr. Carroll share the benefits of the
recommended change with the CAC.
President Scheafer asked how many recent projects have exceeded $200,000.
Mr. Carroll noted that the President Pump Station Project exceeded
this threshold.
Discussion followed regarding recent projects.
Director Perry suggested that Mr. Carroll provide the CAC with examples of
projects that were between the current threshold and the recommended
threshold to demonstrate the impact that the ordinance would have.
President Scheafer commented that he likes the idea of projects getting under
way quicker without the delay of Board Meetings.
The Board of Directors directed staff to bring the item back to the December 20,
2018 Board Meeting.
There was no further discussion.
Action: 6. Consider Revising Chapter 3.01 of the District's Operations Code
Pertaining to Board of Directors
Recommendation: That the Board of Directors give staff direction.
Mr. Carroll noted that the Board of Directors directed staff to bring this item back
for discussion. He added that the Board was interested in removing the Assistant
Secretary position and discussing the terms of officer positions. Mr. Carroll
shared that the code says that officers, including President and Secretary, should
be selected after each regular election (every 2 years). He noted that the Board
of Directors asked President Scheafer to remain President for the past 4 years
due to the District's interactions with Mesa Water District during this time. Lastly,
Mr. Carroll noted that staff is seeking direction on this matter.
Secretary Schafer commented that the Board of Directors has always followed
an informal policy of rotating officer positions every 2 years. She added that it
seems like most other agencies follow a similar policy.
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Director Perry noted that the City of Costa Mesa does not follow this policy. He
added that the District code does not currently include a rotation policy.
Secretary Schafer commented that she would like to see the code remain as is,
with the selection of officers every 2 years.
President Scheafer reiterated that the code already includes the selection of
officers ever 2 years. In regards to succession, he commented that he does not
want the Board of Directors to be encumbered with a succession policy. He
commented that he does not have any problem with keeping an informal
succession policy, but he does not support the idea of making succession
automatic by including it in the code.
Vice President Ferryman noted that the current code allowed the Board of
Directors to select President Scheafer for a second term as President.
President Scheafer suggested that the office of Assistant Secretary be removed
from the code. He noted that the remainder of the code complies with Secretary
Schafer's wishes.
Director Perry commented that the Assistant Secretary position was created to
address an issue with a former director that wished to be President during their
first year of office.
Discussion followed regarding the succession of officers within the Costa Mesa
City Council.
Secretary Schafer commented that she sees the flexibility that the current code
offers the Board of Directors.
Director Perry asked if there is any need to keep the Assistant Secretary position.
President Scheafer asked if an Assistant Secretary has ever had to step in during
the absence of a Secretary.
Mr. Carroll responded "no" to both questions.
The Board of Directors directed staff to revise Chapter 3.01 of the District's
Operations Code to reflect a removal of the Assistant Secretary position.
There was no further discussion.
Action: 7. Consider Acquiring One Twelve Cubic Yard Wastewater Combination
Cleaning Truck from Haaker Equipment Company for $411,364
Recommendation: That the Board of Directors direct staff to bring this item back to the
December 20, 2018 Board of Directors meeting for approval consideration.
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Mr. Carroll presented images of the District's two wastewater cleaning trucks. He
shared that the District will have difficulty achieving its goal of cleaning 67% of its
wastewater system this year because these two trucks have required several
unanticipated repairs. He described the repair work and noted that the transfer
case on the Vacall is not working, which creates a safety issue. Mr. Carroll also
noted that the District has had to rent a cleaning truck in order to keep up with its
cleaning schedule when one or both of the cleaning trucks are in need of repair.
He shared District staffs recommendation to purchase an additional twelve cubic
yard cleaning truck. Mr. Carroll noted that the District was able to "piggyback" off
of a bid for wastewater vehicles done by a public agency called Sourcewell. He
noted that District staff is recommending a bid for a Vactor truck submitted by
Haaker Equipment Company. Mr. Carroll explained that this vehicle is
recommended because it has the ability to engage the transfer case with one
touch of a button. He commented that staff believes the additional cost is worth
spending because it is a safer vehicle than the other options. Additionally, Mr.
Carroll noted that the Board also has the options to contract out additional
cleaning services to a private company or purchase a used truck, both of which
would cost less but are not recommended because they would not be as reliable.
Lastly, he noted that the District has funding for the new vehicle in the Asset
Replacement Fund and the vehicle would be ready by May if the District
purchases it soon.
Wastewater Maintenance Worker 111, Joel Ortiz, commented that the
Haaker Vactor truck is operator friendly and has important safety features. He
shared that his former colleague was killed in an accident involving a transfer
case.
Vice President Ferryman asked how long the warranty is for the truck.
Mr. Carroll responded that he believes the warranty is for one year and it may
cost more to extend.
Vice President Ferryman suggested that Mr. Carroll find out how much it would
cost to extend the warranty. He asked if the District Yard can accommodate three
trucks.
Mr. Carroll confirmed that there is room for three trucks.
Vice President Ferryman asked if the District spoke with other agencies such
as Midway Sanitary District about the types of trucks they use.
Mr. Carroll responded that staff reviewed all the wastewater vehicle vendors and
noted that Orange County Sanitation District uses Vactor trucks.
Secretary Schafer shared that Assistant Secretary Ooten provided written
comments indicating that he supports staffs recommendation.
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President Scheafer indicated support for purchasing a new truck as opposed to a
used truck. He noted that this is a diesel truck and asked what would happen if
the Air Quality Management District (AQMD) required the District to switch to
compressed natural gas (CNG) trucks.
Mr. Carroll noted that the District would be grandfathered into being able to
continue using the truck and its next truck would have to run on CNG. He added
that CNG trucks cost nearly $100,000 more and the nearest CNG filling station is
in Newport Beach..
Discussion followed regarding CNG trucks and filling stations.
President Scheafer commented that the most important thing is the safety of the
District's wastewater crew.
Director Perry suggested that the District look into CNG for future trucks, since it
may become a requirement.
The Board of Directors directed staff to bring the item to the December 20, 2018
Board Meeting.
Mr. Carroll noted that this item will be presented to the CAC for comments at
their meeting tomorrow.
There were no further questions or comments.
D. CLOSING ITEMS
Procedural: 1. Oral Communications and Director Comments
President Scheafer shared that there is a home in his neighborhood that is
vacant and the former owners left a full trash cart curbside that has not been
emptied. He asked if CR&R leaves notices on trash carts that contain
construction materials.
Mr. Parikh noted that CR&R tags trash carts that contain construction materials.
He requested the cross streets and noted that he will address the issue.
Secretary Schafer commented that she is happy to know that the solar project is
complete.
President Scheafer asked how the American Flag Drop Box is performing.
Mr. Carroll noted that the program is doing well, but commented that the District
has had some issues with coordinating collection with the Boy Scouts.
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Ms. Guzman noted that the Boy Scouts picked up 35 flags during their most
recent pickup.
President Scheafer noted that he received a certificate in the mail from the
Registrar of Voters.
There were no additional comments or discussion.
Procedural: 2. Adjournment
President Scheafer adjourned the meeting at 10:30 A.M.
Arlene Schafer
Secretary
chael Schea r
President