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02 - Minutes Board of Directors 2013-07-31 P rotecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov C OSTA M ESA S ANITARY D ISTRICT M INUTES OF B OARD OF D IRECTORS R EGULAR M EETING J ULY 31 , 2013 ______________________________________________________________________ I. C ALL TO O RDE R The Board of Directors of the Costa Mesa Sanitary District met in reg ular session on Ju ly 31 , 2013 at 5:3 0 p.m. at 628 W. 19 th Street, Costa Mesa. II. P LEDGE OF A LLEGIANCE President Ferryman led the Pledge of Allegiance. III. I NVOCATION Vice President Scheafer led the Invocation. IV. R OLL C ALL D IRECTORS P RESENT : Jame s Ferryman, Robert Ooten, Art Perry , Mike Scheafer D IRECTORS A BSENT : Arlene Schafer (entered into the meeting at 5:57 p.m.) S TAFF P RESENT : Scott Carroll, General Manager; Anna Sanchez, Administrative Service Manager; Noelani Middenway, Deputy Clerk of the District; Robin B. Hamers, District Engineer; Ala n Burns, District Counsel; Javier Ochiqui, Management Analyst O THERS P RESENT : Derek Sabori; Costa Mesa Community Foundation; Joe Jenkins, EEC; Dean Ruffridge, CR&R; Lawrence Jones, CR&R ; Jim Mosher, Resident V. C EREMONIAL M ATTERS AND P RESENTATIONS – Vice President Scheafer presented a Merit Award to CMSD staff member Dyana Wick for her outstanding service and support to the City of Costa Mesa’s 60 th Anniversary Committee as CMSD’s represe ntative. VI. A NNOUNCEMENT OF L ATE C OMMUNICATIONS – General Manager Carroll informed the Board that written comments had been received from Mr. Jim Mosher and had been provided, along with Mr. Carroll’s written response to Mr. Mosher’s comments, to the Board for review. ITEM NO. 02 C OSTA M ESA S ANITARY D ISTRICT P AGE 2 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ VII. P UBLIC C OMMENTS President Ferryman invited members of the public to address the Board. Mr. Mosher provided public comment regarding the accessibility of District records on the District website and expressed that he was displeased with t he cancellation of the previously scheduled July 25, 2013 Board meeting. Seeing no one further, President Ferryman closed public comments. VIII. C ONSENT C ALENDAR 1. Board of Directors Special Meeting Minutes of June 10 , 2013 The Board of Directors Special Meet ing Minutes of June 10 , 2013, was approved as presented. 2. Operations Committee Minutes of June 18 , 2013 3. Board of Directors Special Meeting Minutes of June 19, 2013 The Operations Committee Minutes of June 18 , 2013, was approved as presented. The B oard of Directors Special Meeting Minutes of June 19 , 2013, was approved as presented. 4. Board of Directors Regular Meeting Minutes of June 27, 2013 5. Occupancy report and payment to Costa Mesa Disposal The Board of Directors Regular Meeting Minutes of June 27 , 2013, was approved as presented. The Board of Directors approved the occupancy report and payment to Costa Mesa Disposal for the month of June 2013. 6. Contract Payment to CR Transfer for Recycling and Disposal Services 7. Adoption of a Warr ant Resolution No. CMSD 20 14 -01 Approving District Warrant Registers The Board of Directors approved payment to CR Transfer for recycling and disposal services for the month of June 2013. The Board of Directors approved adoption of Warrant Resolution N o. CMSD 201 4 -01 approving District warrant registers for the month of June in the amount of $354,155.77 . 8. Directors' Compensation and Reimbursement of Expenses The Board of Directors approved Directors' compensation and reimbursement of C OSTA M ESA S ANITARY D ISTRICT P AGE 3 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ expenses for the month of June 2013. 9. Third Amendment to Agreement with Environmental Engineering and Contracting, Inc. (EEC) for GIS/CMMS Support Services The Board of Directors approved the Third Amendment with EEC for GIS/CMMS support services. 10. Approve an A greement with Service Truck International for the Manufacturing of One Utility Truck with Crane The Board of Directors approved the agreement with Service Trucks International in the amount of $143,317.74 for the manufacturing of one utility truck with cra ne. 11. Resolution No. 2013 -837 Authorizing the Disposition of District Assets 12. R esolution No. 2013 -840 Ordering the Publication of Ordinance No. 98 The Board of Directors adopted Resolution No. 2013 -837 authorizing the disposition of assets. The B oard of Directors adopted Resolution No. 2013 -840 ordering publication of Ordinance No. 98 E ND OF C ONSENT C ALENDAR Director Perry moved for approval of the Consent Calenda r. Vice President Scheafer seconded the motion. T he motion carried 4 -0 -1, with Director Schafer absent. IX. P UBLIC H EARINGS - None President Ferryman requested that Item 14 be heard at this point in the agenda. X. G ENERAL M ANAGER /D ISTRICT C LERK R EPORTS 1 4 . Sponsorship to Estancia High School Sports and the Costa Mesa Community Foundation Recommendatio n: That the Board of Directors: 1. Establish what purpose the District is trying to serve by being a sponsor; and 2. Describe how the expenditures advances that purpose; and 3. Approve or deny sponsoring Estancia High School sports and/or the Costa Mesa Community Foundation General Manager Carroll introduced the item and provided details of the requests for sponsorship received from the Costa Mesa Community Foundation (CMCF) and Estancia High School . Mr. Carroll noted that District Counsel recommended that the District first establish the purpose CMSD is trying to serve by being a sponsor, and then describe how the expenditures will advance CMSD’s purpose. Mr. Carroll deferred to Mr. Derek Sabori of the Costa Mesa Community Foundation for a dditional report details. C OSTA M ESA S ANITARY D ISTRICT P AGE 4 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ Mr. Sabori addressed the Board and provided details of how the District’s sponsorship of the community’s concerts in the park series assists in the increased public awareness of waste management and recycling . Discussion follo wed regarding the profitability of the concerts in the parks and the addition of a District message to the trash and recycling receptacles that are placed at the events . Director Perry requested that CMCF provide the Board with additional information and that this item be further discussed at a future study session meeting. Vice President Scheafer discussed advertising at the Estancia High School football field. General Manager Carroll confirmed that the Board took no action on this item and has reque sted that additional information be brought back for further discussion on how the District is able to partner with the CMCF. President Ferryman confirmed General Manager Carroll’s statement. Discussion followed regarding the need for Director Perry to recuse himself from the discussions of sponsorship of Estancia High School. Director Perry requested to recuse himself and exited the meeting for the remainder of the discussion of the item. General Manager Carroll provided details of the request for sponsorship from Estancia High School. Discussion followed regarding advertising in the Estancia High School football program and sponsoring of a banner to be hung at the football stadium. Director Ooten moved to approve expending the funds to sponsor a banner to be displayed at the Estancia High School football stadium and for staff to develop a simple message to be displayed on the banner. Vice President Scheafer seconded the motion. Discussion followed regarding the message to be displayed on the b anner. The message will be recycling alkaline batteries at Estancia High School. The motion carried 3 -1 -1, with Director Perry recused and Director Schafer absent. Directo r Perry re -entered the meeting at this time. 13 . Preliminary FY 2012 -13 Year -End Budget (4 th Quarter Budget Report) Recommendation: That the Board of Directors receive and file this report. General Manager Carroll provided details of the preliminary year -end spending report for Fiscal Year 2012 -13 and noted that staff w ill present the final year -end spending report to the Board at its meeting on August 29, 2013. Vice President Scheafer questioned if General Manager Carroll felt that there would be any change in the stated personnel savings. C OSTA M ESA S ANITARY D ISTRICT P AGE 5 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ General Manager Carroll in dicated that the stated personnel savings would remain the same for Fiscal Year 2012 -13 and that there would not be as large of a surplus in the next Fiscal Year as the District is currently fully staffed. There were no additional questions or comments a nd the report was received. 1 5 . Approve the Fourth Addendum to the Agreement with Environmental Engineering and Contracting, Inc. for Continuing the District’s Fat, Oil, Grease (FOG) Program Recommendation: That the Board of Directors approves the Fourth Addendum to the Agreement with EEC for continuing the District’s Fats, Oil, and Grease (FOG) Program. General Manager Carroll introduced the item and deferred to Mr. Joe Jenkins of EEC to provide a presentation. Director Schafer entered the meeti ng at 5:57 p.m. Mr. Jenkins provided a presentation discussing FOG program activities, methods of prioritizing facilities for inspection frequency, how new facilities are identified and evaluated, and key program trends. Director Ooten encouraged EEC s taff to review the District’s ordinance for the purpose of enforcing non - compliance issues. Discussion followed regarding the absence of grease interceptors in older food establishments and how the facilities and the increased frequency of inspection fro m an annual to quarterly basis of the older food establishments . Director Schafer questioned if there was a list of food establishments that were grandfathered into the p rogram. Mr. Jenkins responded to Director Schafer’s question and confirmed that th ere is a list. District Engineer Hamers noted that the FOG program is a requirement of the WDR and that EEC is well versed on the latest technologies of grease control. Discussion followed regarding EEC’s involvement with other special districts. Mr. J enkins indicated that EEC also works with the Irvine Ranch Water District and the Orange County Sanitation District. District Counsel suggested that the District confirm that the City of Costa Mesa’s developer check list states to contact CMSD regarding sewer services. Vice President Scheafer suggested that a study session be held to better educate the food establishments on the list of facilities that were grandfathered in. C OSTA M ESA S ANITARY D ISTRICT P AGE 6 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ Director Perry moved to approve the recommendation. Vice President Scheafer s econded the motion, which carried 5 -0. 1 6 . 58 th Annual California Association of Sanitation Agencies (CASA) Conference Recommendation: That the Board of Directors approves Vice President Scheafer and Directors Perry and Schafer to attend this conferenc e in San Diego. General Manager Carroll introduced the item and noted that three members of the Board are interested in attending the conference and will need approval to attend as the conference will be held out of Orange County. Director Ooten moved t o approve the recommendation. Director Schafer seconded the motion, which carried 5 -0. 1 7 . September 17, 2013 Board of Directors Study Session Recommendation: That the Board of Directors approves canceling or rescheduling the September 17, 2013 Board of Directors Study Session to attend California Special Districts Association (CSDA) annual conference in Monterey. General Manager Carroll noted that a scheduling conflict existed as the study session for September 17, 2013 is scheduled at the same time th at the Board will be attending the CSDA annual conference in Monterey. Director Perry expressed interest in rescheduling the study session. The Board unanimously agreed to reschedule the study session to Monday, September 9, 2013 at 9:30 a.m. 1 8. NeoGov Conference – October 2013 Recommendation: That the Board of Directors approve Ms. Anna Sanchez, Administrative Service Manager, to attend the 2013 NeoGov user conference October 2 -4, 2013 in Las Vegas, Nevada. Director Ooten moved to approve th e recommendation. Director Perry asked if Ms. Sanchez had previously attended this conference. Ms. Sanchez confirmed that she had not. Vice President seconded the motion, which carried 5 -0. 19 . Sewer System Management Plan (SSMP) Recertification and Implementation Schedule of Audit Findings Recommendation: That the Board of Directors: 1. Accept and approve two year self -audit; and 2. Approves amending and recertifying the SSMP; and 3. Approves the Implementation Schedule of the audit finding s. C OSTA M ESA S ANITARY D ISTRICT P AGE 7 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ General Manager Carroll introduced the item and noted that the update of standard sewer permits to identify pretreatment requirements recognized by Orange County Sanitation District (OCSD) has been completed and that the District is ahead of schedule. Director Schafer moved to approve the recommendation. Director Ooten seconded the motion. The motion carried 5 -0. 20. Sewer Hotspots Recommendation: That the Board of Directors receive and file this report regarding the practical number of sewer h otspots within CMSD service area. General Manager Carroll introduced the item and provided report details and noted that the number of hot spots will decrease from 43 to 37 upon the completion of Project #197. Mr. Carroll indicated that he felt it practic al to use the number of 11 hot spot locations as the new goal for Strategic Goal No. 1.3. as opposed to the current goal of “reduce hot spot locations to less than 40 .” Discussion followed regarding what constitutes a hot spot, the need to change the stra tegic goal to provide staff a timeframe of when the improvements need to be completed by, and the number of hot spots that are currently considered to be a grade five . There were no additional questions or comments and the report was received. Distric t Counsel Burns requested to revisit Item 19 and noted that no one had left the meeting since the discussion of the item. Mr. Burns requested clarification if the item was the every two year self - audit or the recertification of the SSMP . General Manager Carroll clarified that the self -audit was conducted two years ago and the SSMP is the document that the District relies on to comply with the WDR. District Engineer Hamers noted that a self -audit is conducted every two years and this is the second self -a udit. The SSMP is required to be recertified every five years, however, there is nothing preventing an earlier recertification . Mr. Hamers indicated that General Manager Carroll’s intention is to conduct the self -audit, make the corrections to the SSMP, th en recertify the SSMP. District Counsel Burns requested to work with General Manager Carroll and District Engineer Hamers on the language of the sewer permit process. 21. Rewarding Ideas Program Recommendation: That the Board of Directors approves rew arding District employees Steve Cano $150.00 and Joel Ortiz and Alex Arreola $100.00 each, for a total of $350.00 for their idea to create a coloring tri -fold for children ages 5 to 10 years of age. General Manager Carroll introduced the item and recommen ded rewarding District employees Steve Cano, Joel Ortiz and Alex Arreola for their idea of creating a CMSD coloring tri -fold. Discussion followed regarding the distribution of the coloring tri -fold at various workshops and special events. C OSTA M ESA S ANITARY D ISTRICT P AGE 8 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ There were no additional questions or comments. Vice President Scheafer moved to approve the recommendation. Director Schafer seconded the motion, which carried 5 -0. 22. Resolution No. 2013 -841 – Amending the Records Retention Schedule Recommendation: That the Boa rd of Directors adopt Resolution No. 2013 -841 amending the records retention schedule. General Manager Carroll deferred to Ms. Noelani Middenway to provide the report. Ms. Middenway reported on the changes which required the movement of sewer plan reco rds that were listed under the Finance Department to be placed under the General Manager’s retention schedule. Director Ooten moved to approve the recommendation. Vice President Scheafer seconded the motion. Director Perry questioned if the District had an offsite records storage facility and where it was located. Ms. Middenway responded to Director Perry’s question and confirmed that the District has a contract with Iron Mountain as its offsite storage provider and that the District records were curre ntly stored at the Fullerton facility. Discussion followed regarding the retention period of financial records and the process to send records to and recall from the offsite storage facility. The motion carried 5 -0. XI. ENGINEER’S REPORTS 23 . Proj ect Status Report Recommendation: That the Board of Directors receive and file the report. District Engineer Hamers introduced the items. Director Ooten questioned if the grade five project is underway. District Engineer Hamers confirmed that the grade five project began last week and that a portion of t he seismic retrofit had also begun. Discussion followed regarding current improvement project status. There were no additional questions or comments and the report was received. 2 4 . Projec t No. 101 – Westside Pump Station Abandonment Project – Update on Engineer’s Estimate Recommendation: That the Board of Directors: C OSTA M ESA S ANITARY D ISTRICT P AGE 9 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ 1. Receives and files the enclosed preliminary engineer’s estimate for the abandonment of six (6) sewer pumping stations in t he amount of $4,613,485; and 2. Approve a budget transfer in the FY 2013 -14 Budget in the amount of $65,000 from the Asset Management Fund to the balance of Project #101; and 3. Increase the yearly contribution by $65,000 to a total of $465,000 a year for the next five years from 2014 through 2018. Director Ooten expressed interest of discussing this item at a study session and would like more time to discuss and review the project details. District Engineer Hamers agreed with Director Ooten and noted that the purpose of the preliminary engineer’s estimate was to develop a preliminary budget to assist in determining the construction cost obligations to complete the work. General Manager Carroll suggested placing the item on the September 9, 2013 study se ssion agenda for discussion. President Ferryman suggested that OCSD be invited to participate in discussions regarding this item at the study session. District Counsel Burns questioned if the pump stations that were listed in the abandonment were als o listed in the report. Director Perry moved to place this item on the September 9, 2013 study session agenda for discussion. Director Ooten seconded the motion. Vice President Scheafer requested a hard copy of the report. The motion carried 5 -0. XIII. TREASURER’S REPORTS 25. Investment Report Recommendation: That the Board of Directors approves the Investment Report for the month of June 2013. General Manager Carroll introduced the item. There were no questio ns or comments. Vice President Scheafer moved to approve the recommendation. Director Schafer seconded the motion, which carried 5 -0. 26. eConnectDirect Licensing Agreement Recommendation: That the Board of Directors approves the licensing agree ment with eConnectDirect and authorizes the District Treasurer to sign said agreement on behalf of C OSTA M ESA S ANITARY D ISTRICT P AGE 10 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ___________________________________________________________________________________ CMSD. General Manager Carroll introduced the item and provided report details regarding the licensing agreement with eConnectDirect that provides the Treasu rer with electronic access to the markets when making investment decisions. Discussion followed regarding the authorization of the District Treasurer to sign the agreement. Director Perry moved to approve the recommendation. Director Schafer seconded th e motion, which carried 5 -0. XIV. ATTORNEY’S REPORTS 27 . Ordinance No. 99 - Providing to Abatement Remedies and Cost Recovery when Private Sewer Systems are in Imminent Danger of a Sewer System Overflow Recommendation: That the Board of Directo rs adopt Ordinance No. 99. District Counsel Burns introduced the item and noted that the p roposed ordinance would provide clear procedures for abatement when proof exists that a sewer system overflow is imminent from either root or grease conditions. Di rector Ooten moved to approve the recommendation. Vice President Scheafer seconded the motion, which carried 5 -0. XV. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) – (President Ferryman) Recommendation: That the Board of Directors ac cepts oral report. President Ferryman reported on his attendance of the OCSD Board meeting, indicated that he nominated John Collins for the Walk of Fame . President Ferryman noted that OCSD General Manager Jim Herberg provided his goals for the year, and discussed his participation in the OCSD strategic planning project. Director Perry reported on public comment regarding the odor from OCSD , discussion regarding all local sewers becoming the responsibility of the cities. Director Perry also discussed an odor off Gisler Avenue that had been reported. B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. Director Perry reported that there was no meeting this month. President Ferryman announced that tours of the Aster Pump Station in Garden Grove would be held on August 15, 2013. C. Independent Special Districts of Orange County (ISDOC) – (Vice C OSTA M ESA S ANITARY D ISTRICT P AGE 11 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ______________________________________________________________________ President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported on a letter that was sent to the ISDOC Executive Committee from the South Orange County Agencies Group regarding concerns of the proposed bylaws. Vice President Scheafer announced that the ISDOC quart erly meeting is scheduled for August 29, 2013. D. California Special Districts Association (CSDA) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported on his completion of a legislative update webinar and s uggested that the webinars be conducted at District headquarters for any members of the Board who would like to attend. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. Nothing to report at this time. 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 regular meeting, LAFCO meeting, OCCOG meeting, the Chamber of Commerce Legislative Committee meeting, WACO meeting, CMSD Closed Session, Operations Committee, and Board meeting. Director Ooten reported on his attendance of a Santa Ana River Bas in Section (SARBS) meeting that discussed what is being done locally and nationally on FOG related items. Director Ooten also mentioned that General Manager Carroll had made a presentation at the SARBS meeting highlighting the District’s accomplishment s of the year. XVI. OLD BUSINESS – None. XVII. NEW BUSINESS – None. XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Perry questioned District Engineer Hamers on his attendance of the Leucadia County Water District meeting. C OSTA M ESA S ANITARY D ISTRICT P AGE 12 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ULY 31, 2013 ______________________________________________________________________ Director Oo ten reported on the presentation at the Leucadia County Water District meeting regarding calcium build up in the sewer lines and how it affects sewer system overflows. District Engineer Hamers reported that El Toro Water District will hold a workshop whe re a contractor with proprietary technology will provide a demonstration on calcium removal. Mr. Hamers noted that staff is re -televising the calcium that was recorded in 2006 to measure the change to date. XIX. ADJOURNMENT President Ferryman adjou rned the meeting at 7 :1 5 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on August 29 , 2013 at 5:30 p .m. in the District’s Board Room, 628 W. 19 th Street. _________________________ _________________________ Art Perry James Ferryman Secretary President