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Minutes - Board - 2013-11-21COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 21, 2013 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on November 21, 2013 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF President Ferryman led the Pledge of ALLEGIANCE Allegiance. INVOCATION Vice President Scheafer led the Invocation. ROLL CALL DIRECTORS PRESENT: James Ferryman, Mike Scheafer, Robert Ooten, Art Perry, Arlene Schafer DIRECTORS ABSENT: None STAFF PRESENT: Scott Carroll, General Manager; Anna Sanchez, Administrative Service Manager; Robin B. Hamers, District Engineer; Alan Burns, District Counsel; Javier Ochiqui, Management Analyst; Marc Davis, District Treasurer /Interim Finance Manager; Noelani Middenway, Deputy Clerk of the District OTHERS PRESENT: Dean Ruff ridge, CR &R; Lawrence Jones, CR &R; Mike Silva, CR &R; Bradley Zint, Daily Pilot CEREMONIAL MATTERS AND PRESENTATIONS — President Ferryman noted that a proclamation would be presented to Mr. James Wahner in honor of his 20 years of service on the Santa Ana River Flood Protection Agency (SARFPA). Director Schafer moved to adopt Resolution No. 2013 -846 in honor of Mr. Wahner. Vice President Scheafer seconded the motion. The motion carried 5 -0. ANNOUNCEMENT OF LATE COMMUNICATIONS — None PUBLIC COMMENTS - None COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 I. CONSENT CALENDAR 1. Board of Directors Special The Board of Directors Special Meeting Meeting Minutes of October Minutes of October 1, 2013 were 1, 2013 approved and filed. 2. Board of Directors Closed The Board of Directors Closed Session Session Minutes of October Minutes of October 9, 2013 were 9, 2013 approved and filed. 3. Board of Directors Special The Board of Directors Special Meeting Meeting Minutes of October Minutes of October 9, 2013 were 9, 2013 approved and filed. 4. Board of Directors Study Board of Directors Study Session Session Meeting Minutes of Meeting Minutes of October 15, 2013 October 15, 2013 were approved and filed. 5. Board of Directors Regular The Board of Directors Regular Meeting Minutes of October Meeting Minutes of October 24, 2013 24, 2013 were approved and filed. 6. Board of Directors Special The Board of Directors Special Meeting Meeting Minutes of October Minutes of October 29, 2013 were 29, 2013 approved and filed. 7. Occupancy Report and The Board of Directors approved the payment to Costa Mesa occupancy report and payment to Costa Disposal Mesa Disposal for the month of October 2013. 8. Contract Payment to CR The Board of Directors approved the Transfer for Recycling & Contract Payment to CR Transfer for Disposal Services Recycling & Disposal Services for the month of October 2013. 9. Adoption of a Warrant The Board of Directors adopted Warrant Resolution No. CMSD 2013- Resolution No. CMSD 2013 -5 approving 5 Approving District Warrant District warrants for the month of October Registers 2013 in the amount of $618,174.94. COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 10. Directors' Compensation and Reimbursement of Expenses 11. Investment Report 12. Refund of Sewer Assessment No Service PAGE 3 The Board of Directors approved Directors' compensation and reimbursement of expenses for the month of October 2013. The Board of Directors approved the Investment Report for the month of October 2013. Item pulled for separate discussion and consideration. Director Ooten moved for approval of the Consent Calendar except for the item 12 that was pulled for a separate vote. Vice President Scheafer seconded the motion, which carried 5 -0. Discussion followed regarding Item No. 12 and it was noted that there is no limit to a refund amount for the item to be placed on the Consent Calendar. Director Perry moved for approval of the item. Vice President Scheafer seconded the motion, which carried 5 -0. END OF CONSENT CALENDAR PUBLIC HEARINGS - None GENERAL MANAGER/DISTRICT CLERK REPORTS 14. Alternate District Engineer Recommendation: That the Board of Directors give staff direction on requiring Bruce Mattern, Alternate District Engineer, to carry errors & omissions insurance. General Manager Carroll advised the Board of Directors that Mr. Bruce Mattern who serves as the Alternate District Engineer does not carry errors & omissions (E &O) insurance and requested direction from the Board as to whether or not Mr. Mattern should carry E &O insurance. Vice President Scheafer noted his opposition of waiving the requirement for Mr. Mattern to carry E &O insurance and expressed concern regarding Mr. Mattern continuing his service as Alternate District Engineer if he did not possess E &O insurance. Members of the Board agreed as to the importance of the matter. Discussion followed regarding the steps necessary to hire an alternate District Engineer. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 General Manager Carroll noted that the Special District Risk Management Association recommended that Mr. Mattern carry E &O insurance. Director Ooten moved to continue the item and to retain Mr. Mattern's services until staff provides additional information. Director Schafer seconded the motion. Director Ooten clarified that he would like staff to provide the Board of Directors with a list of alternate engineers for their consideration. The motion carried 5 -0. 15. CR &R Environmental Services 2nd Amendment to Exclusive Franchise Agreement — Recommendations from Performance Audit and Organic Recycling Program Recommendation: That the Board of Directors approves the 2nd Amendment. General Manager Carroll provided a presentation on the proposed Organics Recycling program. Mr. Dean Ruffridge of CR &R indicated that CR &R is in the sixth year of the evergreen contract, discussed the two -pass method, and noted that the organics program is the only way to achieve a 75% waste diversion rate. Mr. Mike Silva of CR &R provided an update on the construction of the CR &R facility in Perris, CA, discussed how the anaerobic digestive (AD) program works, and provided a description of the renderings of the AD facility. Discussion followed regarding the need to complete a CEQA review prior to approval of the amendment to the agreement. District Counsel Burns stated that the District is not able to pre- commit ahead of the CEQA legal review. Discussion followed. District Counsel Burns noted that the CEQA process does not dictate whether the Board of Directors should approve or deny a project, however, it requires that the Board of Directors thought about the environmental impact. Discussion followed. Vice President Scheafer moved to approve conducting a CEQA review. Director Ooten seconded the motion, which carried 5 -0. Vice President Scheafer moved to approve directing staff to conduct a community outreach meeting in an evening timeframe within 30 days or before the CEQA review. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 Director Schafer seconded the motion, which carried 5 -0. 16. Finance Manager Recommendation: That the Board of Directors give staff direction for filling the Finance Manager vacant position. District Counsel Burns noted that District Treasurer Davis requested to recuse himself from the meeting as the discussion item would consider the possible hiring of his wife, Ms. Wendy Davis, through Mr. Davis's company CBIZ MHM, LLC. Mr. Davis exited the meeting at 6:46 p.m. President Ferryman recessed the meeting at 6:47 p.m. President Ferryman reconvened the meeting at 6:51 p.m. General Manager Carroll noted that the position of Finance Manager is vacant, provided options of methods to fill the vacancy, and discussed the possibility of hiring Ms. Wendy Davis as the interim Finance Manager through CBIZ MHM, LLC. Director Perry questioned if there was a legal requirement to revisit the candidate eligibility list. General Manager Carroll confirmed that it was not a legal requirement. Counsel Burns reaffirmed there is no conflict of interest if Ms. Davis is the Interim Finance Director as an employee of CBIZ. However, before the District considers offering the position to Ms. Davis on a permanent basis the District should obtain an opinion from the California Fair Political Practices Commission (FPPC) to determine if a conflict of interest exists. Staff will request an opinion from FPPC in January 2014. Discussion followed. Vice President Scheafer moved to approve the hiring of Ms. Wendy Davis to serve as Interim Finance Manager. Director Schafer seconded the motion, which carried 5 -0. Mr. Davis re- entered the meeting at 6:59 p.m. ENGINEERS REPORTS 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. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 Director Ooten requested that the bid results be included in future updates. The Board of Directors received and filed the report. 18. Proiect #196 -D Irvine Pumping Station Generator — Proposed Agreement with Pacific Data Electric for Construction Design Services Recommendation: That the Board of Directors approves the following: 1. Sole sourcing construction design services for Project #196 -D because alternative procedures are in the best interest of the District in accordance with Operations Code Section 4.04.120(f); and 2. The agreement with Pacific Data Electric (PDE) for performing construction design services for Project #196 -D. District Engineer Hamers presented details of the report, provided an update on the Irvine Pumping Station Generator, and discussed sole source findings based on familiarity with the project. Brief discussion followed regarding the cost of the easement and appraisal. Director Ooten moved to approve part one of the recommendation. Director Perry seconded the motion, which carried 5 -0. Director Ooten moved to approve part two of the recommendation. Director Perry seconded the motion, which carried 5 -0. TREASURERS REPORT - None ATTORNEYS REPORT - None LOCAL MEETINGS 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 Vice President John Anderson is resigning from his position on the Board of Directors as he has accepted a new position. Additionally, President Ferryman noted that Mayor Keith Curry of the City of Newport Beach was appointed to the Steering Committee, OCSD has settled with SAWPA (Santa Ana Watershed Project Authority after nearly 13 years, and that OCSD is going to impasse with union negotiations. The Board of Directors accepted the oral report. B. Santa Ana River Flood Protection Agency (SARFPA) — (Secretary Perry) COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 Recommendation: That the Board of Directors accepts oral report. President Ferryman reported that Mr. Jim Wahner was honored for his years of service and discussed budget concerns. 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 November 15, 2013, and noted that he acted as Chair because the President and Vice President were absent at that meeting. Vice President Scheafer indicated that Mr. Jim Fisler announced a vacancy on the LAFCO Board. District Counsel Burns noted that Ms. Cheryl Brothers won the November 14, 2013 election. Additionally, Vice President Scheafer discussed his attendance of the OCCOG (Orange County Council of Governments) meeting and that he had provided his vote on behalf of the District approving the ISDOC Bylaws. 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 that he was reappointed to the CSDA Education Committee and Leadership Committee and discussed his attendance of the Napa Leadership Conference. Vice President Scheafer encouraged the other Board members who attended the Napa conference to complete the conference survey. The Board of Directors accepted the oral report. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. No report was provided as CASA 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. Director Ooten reported attending the WACO (Water Advisory Committee of Orange County) meeting. Director Schafer reported attending the CMSD special meeting, Chamber of Commerce Legislation, WACO, CMSD closed session, study session and update with the General COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 21, 2013 Manager. Additionally, Director Schafer noted that the adopted Warrant Resolution noted her reimbursement of her luggage delivery. Director Perry commented on his attendance of the Napa Leadership Conference. The Board of Directors accepted the oral reports. OLD BUSINESS - None NEW BUSINESS - None ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Schafer provided a reminder of the District's holiday party to be held on December 12, 2013 at 5:00 p.m. Director Perry questioned if a Chamber breakfast would be held in January as he would like to distribute information regarding the organic recycling program. ADJOURNMENT There being no further business to come before the Board, President Ferryman adjourned the meeting at 7:29 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on December 19, 2013 at 5:30 p.m. in the District's Board Room, 628 W. 19th Street. Art Perry Jarnes Ferryman Secretary President