02 - MINUTES CMSD BOARD 2012-08-20COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 20, 2012 ______________________________________________________________________ I. CALL TO ORDER The
Board of Directors of the Costa Mesa Sanitary District met in regular session on August 20, 2012 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. II. PLEDGE OF ALLEGIANCE President Ooten
led the Pledge of Allegiance. III. INVOCATION Director Scheafer led the Invocation. IV. ROLL CALL DIRECTORS PRESENT: Robert Ooten, James Ferryman, Jim Fitzpatrick, Mike Scheafer DIRECTORS
ABSENT: Art Perry STAFF PRESENT: Scott Carroll, General Manager; Anna Sanchez, Administrative Service Manager; Robin B. Hamers, District Engineer; Alan Burns, District Counsel; Marc
Davis, District Treasurer; Teresa Gonzalez, Accounting Manager; Noelani Middenway, Deputy District Clerk; Javier Ochiqui, Management Analyst OTHERS PRESENT: Dean Ruffridge, CR&R; Lawrence
Jones, CR&R V. CEREMONIAL MATTERS AND PRESENTATIONS None. VI. ANNOUNCEMENT OF LATE COMMUNICATIONS None.
COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ VII. CONSENT
CALENDAR REPORTS A. MINUTE APPROVAL 1. Operations Committee – July 20, 2012 The minutes of the July 20, 2012 Operations Committee meeting were approved as presented. 2. Regular Board
of Directors Meeting – July 26, 2012 The minutes of the July 26, 2012 Board of Directors meeting were approved as presented. B. FINANCIAL REPORTS 3. Occupancy Report and Payment to Costa
Mesa Disposal – August 2012 The Occupancy Report and payment to Costa Mesa Disposal for August 2012, was approved as submitted. 4. Contract Payment to CR Transfer for Recycling Services
& Disposal for July 2012 The Contract Payment to CR Transfer for Recycling Services & Disposal for July 2012 was ratified. 5. Adoption of Warrant Resolution No. CMSD 2013-1 Ratifying
Payment for the Month of July 2012 in the amount of $1,544,018.00. The payment was approved and ratified. 6. Directors' Compensation and Reimbursement of Expenses for the Month of July
2012 Directors' Compensation and Reimbursement of Expenses for the Month of July 2012, as listed in the Agenda Report dated August 20, 2012, were approved and ratified. 7. Investment
Report as of July 31, 2012 8. Second Amendment (GIS & CMMS) -EEC The Investment Report as of July 31, 2012 was approved and filed. The Second Amendment with Environmental Engineering
& Contracting (EEC) for GIS & CMMS support services was approved.
COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ END OF CONSENT
CALENDAR Director Ferryman moved to approve the Consent Calendar. Director Scheafer seconded the motion, which carried 4-0. VIII. PUBLIC HEARING None. IX. PUBLIC COMMENTS None. X. GENERAL
MANAGER'S REPORTS 9. Costa Mesa Sanitary District Employee Safety Program Administrative Service Manager Anna Sanchez provided a report on the CMSD employee safety program, the safety
employee of the month/year award program and its criteria, and noted that two Automated External Defibrillators (AEDs) have been installed at headquarters and the yard. She informed
the Board that the results of a recent safety survey shows that CMSD employee’s feel positive about their safety. Director Scheafer stressed the importance of staff having every tool,
material, and training to safely execute their function and to recognize safety hazards. Discussion ensued regarding the awards given to the safety employee of the month and year. Legal
Counsel Burns indicated that Section 10.01.030 of the Operations Code identified a Safety/Loss Control Committee and suggested that staff determine whether or not that code section is
still applicable. There was no further discussion regarding this item. The report was received and filed. 10. Door-to-Door Household Hazardous Waste Program Management Analyst Javier
Ochiqui presented a report on the Door-to-Door Hazardous Waste Program (HHW). Director Ferryman requested confirmation as to whether or not CR&R’s HHW services were equal to the offerings
of WM Management. Mr. Ochiqui confirmed that the services were the same.
COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ Legal Counsel
Burns suggested that either an amendment to the current CR&R contract or the creation of a separate contract with CR&R may be necessary to prevent an evergreen contract. Discussion followed
regarding the qualification of seniors in multi-family units, whether seniors need to be residents of the City or live within the CMSD service area. President Ooten directed staff to
develop an informational newsletter regarding the HHW program for distribution and indicated that he would like to see a further assessment based on the response to the informational
promotions. Director Scheafer suggested that staff contact the Senior Center for senior contact information. Director Scheafer moved to approve the budget adjustment of $75,000.00 to
include marketing efforts and recommended that the District create a separate contract with CR&R for Door-to-Door Household Hazardous Waste removal services. Director Ferryman seconded
the motion, which carried 4-0. 11. New Signage on CR&R Trucks Management Analyst Ochiqui provided background on the proposal for new signage on CR&R trucks. Director Ferryman commented
that the CMSD sign looks busy and suggested that staff kept it brief and simple. Discussion followed regarding appropriate placement of signage on various parts of the packer trucks.
Mr. Ruffridge provided comments regarding current truck signage, responded to Director Fitzpatrick’s request to place CR&R’s logo on the doors of the trucks, and the potential cost to
create larger magnetic and painted CMSD signage to be placed on the entire side of the packer trucks. Legal Counsel Burns cited CR&R’s contract language as it relates to truck signage.
Director Fitzpatrick requested that Legal Counsel provide a legal interpretation of the contract to avoid a difference of opinions. President Ooten requested Legal Counsel to prepare
and provide the Board with a legal opinion relating to the CR&R contract regarding truck signage. District Counsel responded by reading the pertinent provisions of Section 12 of the
CR&R contract.
COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ Director Fitzpatrick
moved to require CR&R to place their signage on the door of the trucks and leave the entire side of the truck available for CMSD signage. President Ooten seconded the motion, which failed
2-2, with Directors Ferryman and Scheafer opposed. President Ooten directed staff to meet with CR&R to develop different and practical signage alternatives to be presented to the Board
for approval within 30 days. The item was tabled to the next Board of Directors meeting scheduled for Thursday, September 20, 2012. 12. Trash Cans Stored in Alleys Mr. Ochiqui presented
a report on the issue of trash cans being stored in the alleys and requested that the Board make a decision as to whether or not Operations Code Section 7.01.080 applies to alleys. Director
Fitzpatrick indicated that he would like confirmation as to whether or not it is a violation to store containers in the alley. Discussion followed regarding the definition of the alley
per the City’s Ordinance, the difficulty to store containers in certain areas, and the proposed posting of signage prohibiting storage of containers in the alleys and out of public view.
Legal Counsel Burns indicated that it is possible to argue that the Ordinance is unenforceable that a container that is visible from the alley does not mean that it is visible from the
street if the alley does not have a street name. Director Scheafer suggested seeking voluntary compliance by circulating a mailer to residences informing them to keep the containers
off the alley and out of public view. Director Ferryman moved for staff to amend the Code to include the removal of containers off streets and public alleys and out of view from the
public street. Director Scheafer seconded the motion, which carried 4-0. Director Fitzpatrick was excused from the meeting at 7:00PM. President Ooten called for a recess at 7:01PM. The
Regular Board of Directors meeting reconvened at 7:05PM.
COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ 13. Auditor
Communication Letter for 2011-2012 Financial Statement Audit General Manager Carroll reported on the auditor communication letter for the 2011-2012 financial statement audit. There was
no discussion on this item and the report was received and filed. 14. Pension and Retirement Health Unfunded Liability Administrative Service Manager Anna Sanchez provided background
on the pension and retirement health unfunded liability and indicated that staff recommended the Board to approve the delegation authority to request reimbursement to the District Treasurer,
General Manager and the Accounting Manager. Discussion followed regarding the disbursement amounts. Ms. Sanchez indicated that the fund would first need to be set up and disbursement
amounts would be determined at the point that funds would need to be accessed. Director Scheafer moved to approve the delegation authority to the District Treasurer, General Manager,
and Accounting Manager to request disbursements. Director Ferryman seconded the motion, which carried 3-0. 15. Contract Administration and Inspection Services for Project #192 – System
Wide Sewer Reconstruction – Phase II General Manager Carroll provided a report on the item. Discussion followed regarding the frequency of reviewing District Engineer Hamers’s contract.
There was no further discussion regarding this item and the report was received and filed. OPERATIONS COMMITTEE 16. Tuesday, August 21, 2012, 9:00AM – (Vice President Ferryman and President
Ooten) There was no report on this item as the meeting date was scheduled for the following day.
COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ ENGINEER’S
REPORTS 17. Project Status Report District Engineer Hamers indicated that all projects are successfully moving forward as scheduled. There were no additional comments or questions regarding
this item and the report was accepted. 18. Project #190 – Canyon Force Main Rehabilitation Director Schaefer moved to accept the improvements, file notice of completion and exonerate
bonds. Director Ferryman seconded the motion, which carried 3-0. 19. Project #192 – Sewer Rehabilitation Project Phase II Director Ferryman moved to award the contract to Charles King
Co., Inc. of Signal Hill, CA in the amount of $188,825.00 and approved a 10% contingency budget of $18,882. Director Scheafer seconded the motion, which carried 3-0. TREASURER’S REPORT
None ATTORNEY’S REPORTS 20. Ordinance No. 92 Legal Counsel Burns introduced Ordinance No. 92 and discussed the details of amending the General Manager’s Change Order Authority. Director
Ferryman moved to adopt Ordinance No. 92. Director Scheafer seconded the motion, which carried 3-0. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) None B. Santa Ana River
Flood Protection Agency (SARFPA) None
COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 20, 2012 ________________________________________________________________ C. Independent
Special Districts of Orange County (ISDOC) None D. California Special Districts Association (CSDA) None E. California Association of Sanitation Agencies (CASA) None F. Other Meetings
Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 None OLD BUSINESS None NEW BUSINESS 21. Reschedule Board of Directors Meeting Due to a conflict
in with the CSDA Annual Conference in San Diego, California, the Regular Board of Directors Meeting has been rescheduled to Thursday, September 20, 2012. ORAL COMMUNICATIONS AND DIRECTOR
COMMENTS None ADJOURNMENT President Ooten adjourned the meeting at 7:30PM _________________________ _________________________ Secretary President