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05 - Minutes Regular Meeting 2013-10-24 ITEM NO. 05 CMSD OSTA ESA ANITARY ISTRICT MBDRM INUTES OF OARD OF IRECTORS EGULAR EETING O24,2013 CTOBER ______________________________________________________________________ COThe Board of Directors of the Costa Mesa ALL TO RDER Sanitary District met in regularsession on th October 24, 2013at 5:30 p.m. at 628 W. 19 Street, 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; Stacey Cuevas, Finance Manager; Noelani Middenway, Deputy Clerk of the District OP:Jim Mosher, Resident; Marcus Lee, THERS RESENT Resident; Dean Ruffridge, CR&R; Lawrence Jones, CR&R CMP None EREMONIAL ATTERS AND RESENTATIONS ALC None NNOUNCEMENT OF ATE OMMUNICATIONS PC UBLIC OMMENTS Mr. Marcus Lee reported recently moving into the City and wondered how the government structure works relative to CMSD and the Orange County Sanitation District. District Counsel Burns noted that under the Brown Act the Board cannot discuss the matter since it is not on the agenda. CMSD P2 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ It was noted that complaints are received from residents and that CMSD would be more than happy to report those complaints to OCSD. Staff will follow up with the Mr. Lee regarding the matter. Mr. Jim Mosher commented on three Consent Calendar items including a minor correction to the minutes listed under Item No. 2. Relative to Item No 9, he addressed the policy for retaining correspondence and made corrections to same. He addressed email as not being part of the policy and expressed concerns with the matter. In addition, he commented on Item No. 10 and suggested clarifying changes to it or indicating there are none. I. CC ONSENT ALENDAR Board of Directors Special The Board of Directors Special Meeting 1. Meeting Minutes of Minutes of September 9, 2013 were September 9, 2013approved and filed. Board of Directors Study The Board of Directors Study Session 2. Session Minutes of Minutes of September 9, 2013 were September 9, 2013 approved and filed. Board of Directors Special The Board of Directors Special Meeting 3. Meeting Minutes of Minutes of September 23, 2013 were September 23, 2013 approved and filed. Board of Directors Regular The Board of Directors Regular 4. Meeting Minutes of Meeting Minutes of September 26, September 26, 2013 2013 were approved and filed. Occupancy Report and The Board of Directors approved the 5. payment to Costa Mesa occupancy report and payment to Costa Disposal Mesa Disposal for the month of September 2013. Contract Payment to CR The Board of Directors approved the 6. Transfer for Recycling & Contract Payment to CR Transfer for Disposal Services Recycling & Disposal Services for the month of September 2013. Adoption of a Warrant The Board of Directors adopted Warrant 7. Resolution No. CMSD 2013-Resolution No. CMSD 2013-4 approving 4 Approving District Warrant District warrants for the month of Registers September 2013 in the amount of CMSD P3 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ $650,725.20. DirThe Board of Directors approved 8. Reimbursement of Expenses reimbursement of expenses for the month of September 2013. Adopt Resolution No. 2013-The Board of Directors adopted Resolution 9. No. 2013- Records Retention Schedule records retention schedule. Adopt Resolution No. 2013-Item pulled for separate discussion and 10. consideration. Conflict of Interest Code Director Schafer moved for approval of the Consent Calendar except for the item 10 that was pulled for a separate vote. Vice President Scheafer seconded the motion, which carried 5-0. Discussion followed regarding Item No. 10 and it was noted that it would be approved subject to clarification from the District Counsel regarding substantive changes. ECC ND OF ONSENT ALENDAR PH - None UBLIC EARINGS GM/DCR ENERAL ANAGERISTRICT LERK EPORTS 11. Reschedule November 19, 2013 Board of Directors Study Session Oral Report Recommendation: That the Board of Directors cancels or reschedule the November 19, 2013 study session because it falls on the same week of the regular Board of Directors meeting. The Board of Directors concurred to reschedule the November Study Session to Tuesday, November 12. 12. Reschedule December 17, 2013 Board of Directors Study Session Oral Report Recommendation: That the Board of Directors cancels or reschedule the December 17, 2013 study session because if falls on the same week of the regular Board of Directors meeting. The Board concurred to reschedule the December Study Session to Tuesday, December 10, 2013. CMSD P4 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ 13. Lift Station Odor Control Plan Recommendation: That the Board of Directors receive and file this report. Director Ooten commented on calls received with complaints of odors and felt that they could be dismissed quickly. He recommended documenting the calls in order to respond in an expedited manner and not waste staff time. Vice President Scheafer noted that CMSD is proactive in addressing the matter. The Board of Directors received and filed the report. 14. Smart Covers Ultrasound Sensors for Detecting High Water in Sewer System Recommendation: That the Board of Directors approves appropriating $26,985 from the undesignated unreserved Liquid Waste Fund to the Capital Outlay budget for procuring and installing six smart covers. General Manager Scott Carroll presented the report noting prior consideration at the October 15, 2013 study session in which the Board directed staff to bring this item back for approval consideration. Members of the Board agreed as to the importance of the matter. Director Perry moved to approve appropriating $26,985 from the undesignated unreserved Liquid Waste Fund to the Capital Outlay budget for procuring and installing six smart covers. Director Ooten seconded the motion. The motion carried 5-0. 15. Quarterly Budget Report Recommendation: That the Board of Directors receive and file this report. Finance Manager Stacey Cuevas provided details of the report addressing the Solid Waste Fund, expected savings in personnel and special projects, the Asset Management Fund, offsets from budget in full-time and part-time salaries, Year-End Balance and savings in PERS costs. Director Ooten requested information regarding the Engineer's estimate, the bid and start and completion dates of construction projects in the Capital Improvement Report, going forward. Brief discussion followed regarding the balance in the Hazardous Waste Fund and the possibility of the Police Department collecting pharmaceuticals. The Board of Directors received and filed the report. CMSD P5 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ 16. Operating and CIP Carry Forward Request - FY 2013-14 Recommendation: That the Board of Directors approves the carry forward appropriations from fiscal year 2012-13 in the following amounts 1. Operations $97,222.02 2. Capital Improvement Projects $3,652,884 Finance Manager Cuevas addressed Capital Improvement Projects not completed in the previous fiscal year, noting that by their very nature, they can often span over several fiscal years. She noted unspent funds for both Operations and Capital Improvements Projects, addressed each, and made an adjustment regarding the correct balance in Fund 196. Director Ooten moved to approve the carry forward appropriations from fiscal year 2013-2013 from Operations in the amount of $97,222.02 and from Capital Improvement Projects in the amount of $3,652.884. Vice President Scheafer seconded the motion. The motion carried 5-0. 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. The Board of Directors received and filed the report. 18. Grant of Easement to Costa Mesa Sanitary District for a Standby Diesel Generator at Canyon Lift Station Project #196B Recommendation: That the Board of Directors approves and executes the easement agreement. District Engineer Hamers presented details of the report and stated that an easement with two property owners has been successfully negotiated and that an easement agreement has been signed. He addressed costs, terms and reported that the project plan and specifications are currently out to bid with the bid opening on November 5, 2013. He added that there has been trouble with Southern California Edison regarding the subject pumping station and that the item will rectify same. Discussion followed regarding the payment due date and Mr. Hamers reported that the 5-year term will be effective as of the date of the agreement, which will be tonight, depending on the Board's actions at this time. Mr. Hamers added this will be a binding agreement and binding on any successors of the property and runs with the land. CMSD P6 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ Director Ooten moved to approve and execute the easement agreement. Director Perry seconded the motion. The motion carried 5-0. 19. Addendum No. 3 to National Plant Services Agreement for Annual Sewer Mainline Cleaning Recommendation: That the Board of Directors approves Addendum No. 3 to National Plant Services Agreement in the amount of $123,891.02 District Engineer Hamers presented details of the report noting that the program was revised when the District acquired its new vector truck. He addressed yearly savings and reported that the addendum is for National Plant Services' share of the footage and that CMSD crew has started the cleaning for this fiscal year. General Manager Carroll reported the truck is currently out for repair but recommended approve the matter, nonetheless. He added that there is the possibility that the truck will be out for some time and that another amendment may be brought to the Board for National Plant Services to do the work that CMSD is supposed to do. It was noted that the truck is still under warranty and that the contract's term is one year. Cleaning must be done by June 30, 2014. Director Ooten commented on the contract and the amount of CCTV required. He hoped that in the future a GIS coordinate on the manholes to be plugged and sealed be provided and have staff check that the work has been done. Director Perry moved to approve Addendum No. 3 to National Plant Services Agreement in the amount of $123,891.02. Vice President Scheafer seconded the motion. The motion carried 5-0. T'R REASURERS EPORT 20. Investment Report Recommendation: That the Board of Directors approves the Investment Report for the month September 2013. General Manager Carroll reported that the District Treasurer was not available to attend the meeting and therefore, presented the report. He reviewed the CMSD portfolio performance and investment rates. Vice President Scheafer moved to approve the Investment Report for the month of September 2013. Director Perry seconded the motion. The motion carried 5-0. CMSD P7 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ A'R TTORNEYS EPORT 21. Agreement with BHI Management Consulting Recommendation: That the Board of Directors approves the agreement with BHI Management Consulting to assess District communications. District Counsel Alan Burns presented details of the report noting it was placed on the agenda at the request of President Ferryman for the Board's approval. The intent is to improve communications between the Board, CMSD staff and outside persons who serve as officers from the District. Discussion followed regarding inclusion of employment issues, improving the communications process and the need for legal interpretations of matters. Vice President Scheafer hoped that a legal component would be included in the scope relative to employment issues and felt that BHI Management Consulting does not have that expertise. President Ferryman felt that BHI Management Consulting is the right vendor for the job. Ensuing discussion pertained to the contract timeframe. Director Schafer stated she feels confident since BHI has gone through the process previously with CMSD. Discussion followed the qualifications of the firm and the contract timeframe and scope. President Ferryman opened public comments. Jim Mosher stated he does not understand what problem the matter is addressing and commented positively on the General Manager's ability to communicate. President Ferryman closed public comments. Vice President Scheafer indicated he will not support the motion, adding that a legal component should be included. Director Schafer approved the agreement with BHI Management Consulting to assess District communications. Director Perry seconded the motion. The motion carried 4-1, with Vice President Scheafer, opposed. CMSD P8 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ 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 OCSD is currently conducting various audits. Legislation will be introduced soon to allow Yorba Linda Water District to have a seat on the Board, replacing the City of Yorba Linda. Additionally, he briefly addressed their negotiation with the union and noted they are encouraging. District Counsel Burns added that the Orange County Water District is close to negotiating a deal with the Yorba Linda Water District, the City of Anaheim and the Irvine Ranch Water District. The Board of Directors accepted the oral report. B. Santa Ana River Flood Protection Agency (SARFPA) (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. No report was provided as SARFPA has not met recently. 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 October 8, 2013, and discussed approval of the By-laws and comments were received regarding changes to the By-laws. He added that focus of discussions related to the Orange County Water District and Mesa Water District noting that both sent letters in opposition to an appointed Board Member serving on the Executive Committee. 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 there was no recent meeting but referenced a questionnaire regarding an upcoming conference. He encouraged Board Members to respond as soon as possible. The Board of Directors accepted the oral report. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. CMSD P9 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ 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. President Ferryman reported attending the Ground Water Replenishment Committee meeting and received a report regarding being behind on the schedule. Director Ooten reported attending the OCSD Strategic Planning workshop where discussions were held regarding initiatives within the plan. He reported a white paper on odor control and addressed local sewer transfers. He referenced notes from the CSDA conference in Monterey that he provided to the Board and staff. General Manager Carroll was congratulated for receiving the General Manager of the Year Award. Director Schafer reported attending the ISDOC meeting and that Joan Finnegan is still out. Discussions focused on the budget amount and speakers for upcoming meetings. Additionally, she reported attending a recent Chamber of Commerce meeting, a meeting of WACO and the CSDA conference in Monterrey. The Board of Directors accepted the oral reports. OB - None LD USINESS NB - None EW USINESS OCDC RAL OMMUNICATIONS AND IRECTOR OMMENTS Vice President Scheafer announced the upcoming ISDOC quarterly meeting on October 31, 2013 at 11:30 a.m. He added that he will be attending his first SDR meeting and will provide an update at an upcoming Board meeting. Director Schafer commented on positively on Community meetings and noted that logo concepts will be provided to the Board for review. CS 6:42 p.m. LOSED ESSION 22. August 31, 2013 Sanitary Sewer Overflows Oral Report To discuss anticipated litigation in the matter of the Back Bay spill occurring on or about August 31, 2013, and any attempt to levy administrative fines arising there from pursuant to Government Code Section 54956.9(b). ROS 6:57p.m. ECONVENE TO PEN ESSION CMSD P10 OSTA ESA ANITARY ISTRICTAGE MBDRM INUTES OF THE OARD OF IRECTORS EGULAR EETING HO24,2013 ELD CTOBER ________________________________________________________________ RCSA EPORT ON LOSED ESSION CTIONS President Ferryman indicated that no reportable action had been taken during closed session. A DJOURNMENT There being no further business to come before the Board, President Ferryman adjourned the meeting at 6:57 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on November 21, 2013 at 5:30 p.m. in the District's Board Room, 628 W. 19th Street. _________________________ _________________________ Art Perry James Ferryman Secretary President