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Minutes - Board - 2015-05-28 "��SP SA Y ;ooh; 7' Oh '° n oar A 3 —I 9 poRATE�` COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 28, 2015 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on May 28, 2015 at 5:30P.M. at 628 W. 19th Street, Costa Mesa. PLEDGE OF President Scheafer led the Pledge of ALLEGIANCE Allegiance. INVOCATION Vice President Perry led the Invocation. ROLL CALL DIRECTORS PRESENT: Michael Scheafer, Arthur Perry, Robert Ooten, Arlene Schafer, James Ferryman DIRECTORS ABSENT: None STAFF PRESENT: Scott Carroll, General Manager; Alan Burns, District Counsel; Robin Hamers, District Engineer; Wendy Davis, Finance Manager; Marc Davis, District Treasurer; Javier . Ochiqui, Management Analyst; Noelani Middenway, District Clerk; Elizabeth Pham, Management Assistant OTHERS PRESENT: Dean Ruffridge, CR&R; Lawrence Jones, CR&R; Jim Mosher, Resident; Lisa and Steven Manfredi; Residents CEREMONIAL MATTERS AND PRESENTATIONS — President Scheafer Recognized Lisa Manfredi, Steven Manfredi and Marley Manfredi for their contributions in the organics recycling demonstration video. ANNOUNCEMENT OF LATE COMMUNICATIONS — General Manager, Scott Carroll, indicated that late communication was received from Jim Mosher, resident, suggesting minor COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 changes to the minutes. PUBLIC COMMENTS—None CONSENT CALENDAR 1. Board of Directors Study Session The Board of Directors .Study Session Meeting Minutes of April 14, 2015 Meeting Minutes of April 14, 2015 was approved as presented. 2. Board of Directors Regular Meeting The Board of Directors Regular Meeting Minutes of April 23, 2015. Minutes of April 23, 2015, was approved as presented. 3. Board of Directors Special Meeting The Board of Directors Special Meeting Minutes of April 27, 2015. Minutes of April 27, 2015, was approved as presented. 4. Occupancy report and payment to The occupancy report and payment to CR&R Environmental Services CR&R Environmental Services for the month of April , 2015 in the amount of $194,280.20 was approved as presented. 5. Contract Payment to CR&R The Board of Directors approved payment Environmental Services for to CR&R Environmental Services for Recycling and Disposal Services recycling and disposal services for the month of April 2015. 6. Adoption of a Warrant Resolution The Board of Directors approved adoption No. CMSD 2015-11 Approving of Warrant Resolution No. CMSD 2015-11 District Warrant Registers Approving District Warrant Registers for the month of April 2015 in the amount of $1,072,561.89. 7. Directors' Compensation and The Directors' compensation and Reimbursement of Expenses reimbursement of expenses for the month of April 2015 were approved as presented. 8. Sewer Lateral Assistance Program The Board of Directors approved the SLAP (SLAP) Update report as presented. 9. Investment Report for the Month of The Board of Directors approved the April 2015 Investment Report for the Month of April • 2015 as presented. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 10.Resolution No. 2015-860 The Board of Directors adopted Resolution Authorizing Submittal of Application No. 2015-860 Authorizing Submittal of for the Household Hazardous Application for the Household Hazardous Waste Grant Waste Grant as presented. END OF CONSENT CALENDAR Secretary Ooten made a motion to approve the consent calendar as presented. Assistant Secretary Schafer seconded the motion, which carried unanimously. PUBLIC HEARINGS - None GENERAL MANAGER'S REPORTS 11. CMSD Contribution Program — Costa Mesa Foundation Recommendation: That the Board of Directors accepts the application from the Costa Mesa Foundation and approve a monetary contribution of$2,500 to have a District booth every week in July for Concerts in the Park. Vice President Perry made a motion to approve the recommended contribution. Assistant Secretary Schafer seconded the motion, which passed unanimously. 12. CMSD Contribution Program — Estancia High School Football Program Recommendation: That the Board of Directors accepts the application from Estancia High School Football Program and approve a.monetary contribution of $500 for placing a stadium banner about the Organics Recycling Program. Vice President Perry recused himself from discussion of this item as he is an employee and coach at Estancia High School and exited the conference room. Assistant Secretary Schafer made a motion to approve the recommended contribution. Director Ferryman seconded the motion, which carried 4-0 by the following vote: Ayes: Scheafer, Ooten, Schafer, Ferryman Noes: None Abstained: Perry Absent: None COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 13. 2015-2020 Strategic Plan - Adoption Recommendation: That the Board of Directors adopts the 2015-2020 Strategic Plan. General Manager Carroll presented the final draft of the 2015-2020 Strategic Plan. Vice President Perry suggested identifying service clubs that the District collaborates with. Discussion followed regarding circulating a public satisfaction survey. Assistant Secretary Schafer made a motion to adopt the 2015-2020 Strategic Plan. Vice President Perry seconded the motion, which carried unanimously. 14. Resolution No. 2015-861 Approving New Classification Titles for Maintenance Workers I, II & Ill, Sewer Maintenance Supervisor and Executive Assistant to the Board Recommendation: That the Board of Directors adopts Resolution No. 2015-861 approving changing classification titles for the following positions: Sewer Maintenance Workers I, II & Ill to Wastewater Maintenance Workers I, II & Ill - Sewer Maintenance Supervisor to Wastewater Maintenance Supervisor - Executive Assistant to the Board to Executive Assistant General Manager Carroll provided details of the proposed resolution. Vice President Perry made a motion to adopt Resolution No. 2015-861 as presented. Assistant Secretary Schafer seconded the motion, which carried unanimously. 15. Resolution No. 2015-862 Approving New Classifications for the Positions of Management Analyst I and II, Senior Management Analyst and Wastewater Maintenance Superintendent Recommendation: That the Board of Directors adopts Resolution No. 2015-862 approving new classifications for the positions of Management Analyst I and II, Senior Management Analyst and Wastewater Maintenance Superintendent. General Manager Carroll provided details of the proposed resolution. Director Ferryman made a motion to adopt Resolution No. 2015-862 as presented. Vice President Perry seconded the motion, which carried unanimously. Assistant Secretary Schafer commented that the adoptions of the proposed COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 resolutions are being made after extensive review and discussion during previous study session meetings. 16. Resolution No. 2015-863 Approving New Salary Schedule for District Classifications Recommendation: That the Board of Directors adopts Resolution No. 2015- 863 approving a new salary schedule for District classifications. General Manager Carroll provided details of the proposed resolution. Secretary Ooten made a motion to adopt Resolution No. 2015-863 as presented. Assistant Secretary Schafer seconded the motion. Vice President Perry requested a copy of an annual salary schedule. The motion carried unanimously. Wendy Davis, Finance Manager noted that an annual salary chart will be included with the budget and posted to the website. 17. Resolution No. 2015-864 Approving the Amendment to Waste Disposal Agreement Recommendation: That the Board of Directors adopts Resolution No. 2015-864 approving the Amendment to the Waste Disposal Agreement with the County of Orange. General Manager Carroll provided details of the proposed amendment to the Waste Disposal Agreement (WDA) and noted that approval of the WDA would generate $80,000 for the District. Dean Ruffridge, CR&R, commented regarding the cities of Costa Mesa and Newport Beach's lack of enforcement of utilizing local refuse and temporary haulers. Discussion followed regarding the processing of waste in Orange County.facilities. Public comment was received from Mr. Mosher, resident, who opposed the encouragement of using landfills to make money. Elizabeth Pham, Management Assistant, noted that the City of Costa Mesa will meet with the County on June 2, 2015 and that four cities remain for approving the WDA amendment. Vice President Perry made a motion to adopt Resolution No. 2015-864 as presented. Assistant Secretary Schafer seconded the motion, which carried COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 unanimously. 18. "Benefit Bucket" and the "Cadillac Tax" Recommendation: That the Board of Directors receive and file this report. General Manager Carroll noted that the 15 percent increase to the cafeteria plan will not reach the benchmark to require payment of the Cadillac Tax. There were no additional questions or comments and the report was received. 19. Rewarding Ideas Program Recommendation: That the Board of Directors approves rewarding Steve Cano, Maintenance Supervisor, $100 for protecting equipment and extending the useful life cycle. Secretary Ooten made a motion to approve the recommendation as presented. Director Ferryman seconded the motion, which carried unanimously. 20. Project #194 Pump Station Coating and Manhole Rehabilitation - Contract Administration and Inspection Services Recommendation: That the Board of Directors approves awarding contract administration and inspection services to Robin B. Hamers and Associates, Inc. for $19,250. General Manager Carroll noted that Robin B. Hamers & Associates, Inc. has submitted a proposal for contract administration for Project#194 and requested that the Board of Directors approve awarding the contract, contingent the Board approves awarding the construction contract for this project. Secretary Ooten made a motion to approve the recommendation subject to the approval of the contract with Sancon Engineering, Inc., Item 23 of the agenda. Vice President Perry seconded the motion, which carried unanimously. 21. Reschedule September 24, 2015 Board of Directors Meeting Recommendation: That the Board of Directors considers rescheduling the September 24, 2015 regular meeting as it conflicts with the CSDA Annual Conference dates. The Board of Directors directed staff to reschedule the meeting to September 17, 2015 at 6:00 P.M. ENGINEER'S REPORTS 22. Project Status Report Recommendation: That the Board of Directors receive and file the report. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 There were no questions or comments and the report was received. 23. Project #194 Pump Station Coating and Manhole Rehabilitation — Bid Opening and Award of Contract Recommendation: That the Board of Directors approves awarding a contract to the lowest responsive bidder, Sancon Engineering, Inc. of Huntington Beach, California, in the amount of $241,800 and authorizes the General Manager to establish a contingency budget in accordance with CMSD Operations Code Section 4.04.060(e). District Engineer Hamers provided details of Project#194 noting the need to recoat three pump stations and rehabilitation of 25 manholes. Secretary Ooten made a motion to approve the recommendation as presented. Vice President Perry seconded the motion. Mr. Hamers noted that Sancon Engineering was the lowest responsible bidder and only bidder as another bidder had been rejected because of the technology that the bidder proposed to use. He further discussed recoating technology. The motion carried unanimously. TREASURER'S REPORTS- NONE ATTORNEY'S REPORTS 24. Ordinance No. 105 — Board of Directors Compensation Recommendation: That the Board of Directors approves adopting Ordinance No. 105 increasing Board compensation from $221.00 to $295.00 per day, not to exceed six days in a calendar month, to be effective July 1, 2015. District Counsel, Alan Burns, pulled this item and requested that it be continued to the June 25, 2015 regular Board of Directors meeting as the matter requires special noticing in the newspaper. Public comment was received from Mr. Mosher regarding Item 20 and expressed concern regarding the District Engineer being perceived to have created a need for a job in his public capacity and that the Board of Directors awarded the job in the District Engineer's private capacity, and suggested review from District Counsel. Mr. Mosher also commented on Item 24 and expressed concern regarding the Board of Directors increase of compensation. President Scheafer requested that the Board compensation comparison chart information that was presented at the study session be provided to Mr. Mosher. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 Assistant Secretary Schafer commented that it had been eight years since the Board. of Directors received an increase in compensation and the majority of other agencies are paid up to 10 meetings whereas the CMSD Board of Directors are paid up to six meetings. District Counsel Burns responded to Mr. Mosher's comments regarding Item 20 and noted the Operations Code provisions that provides checks and balances on how projects are awarded. Vice President Perry requested that District Counsel respond to Mr. Mosher's concerns regarding the increase in the Board of Directors compensation. District Counsel Burns noted that the Board of Directors had not increased its salary for nine years and that a 5 percent increase is allowable per year. LOCAL MEETINGS A. Orange County Sanitation District (OCSD)— (Director Ferryman) Recommendation: That the Board of Directors accepts oral report. Director Ferryman reported on his attendance of the OCSD Walk of Honor ceremony honoring Jim Ruth, Shirley McCrackin, John Nolan, and Tom Woodruff, noted that he presented a check to Davis Magnet School for their involvement in the Battery Recycling Program. Secretary Ooten reported on his attendance of the OCSD Board of Directors meeting and reported on capital improvement projects. B. Santa Ana River Flood Protection Agency (SARFPA) — (Vice President Perry) Recommendation: That the Board of Directors accepts oral report. Vice President Perry reported on his attendance, with Director Ferryman, of the SARFPA meeting, discussed the approved budget and construction of the Santa Ana River Project that is projected to be completed by 2021. C. Independent Special Districts of Orange County (ISDOC) — (President Scheafer) Recommendation: That the Board of Directors accepts oral report. President Scheafer reported on a presentation received from Orange County Council of Governments (OCCOG) and noted that there will be no increase in membership dues in 2016 for Local Agency Formation Commission (LAFCO) or Independent Special Districts of Orange County (ISDOC). COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 D. California Special Districts Association (CSDA) - (Assistant Secretary Schafer) Recommendation: That the Board of Directors accepts oral report. Assistant Secretary Schafer reported on her attendance of the ISDOC quarterly meeting and complimented General Manager Carroll on his presentation. She also reported on her attendance of CSDA Legislative Days with Vice President Perry and General Manager Carroll. E. Special District Risk Management Authority(SDRMA) — (President Scheafer) 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. President Scheafer reported on his attendance of the Organics Recycling Program Town Hall meeting. Secretary Ooten suggested providing an organics cart and regular cart to display at the Town Hall meetings. General Manager Carroll indicated that he gave a presentation about the Organics Recycling Program at the Costa Mesa Republicans meeting. Vice President Perry reported on his attendance of the Water Advisory Committee of Orange County (WACO) meeting. Assistant Secretary Schafer reported on her attendance of the California Women Leaders Association event. OLD BUSINESS—None NEW BUSINESS 26. General Manager of the Year Recommendation: That the Board.of Directors approves nominating Scott Carroll to the California Special Districts Association (CSDA)for General Manager of the Year. Assistant Secretary Schafer recommended nomination of General Manager Carroll for CSDA General Manager of the Year. The Board of Directors supported the nomination and requested to find out if there is a time restriction to apply for the nomination since General Manager Carroll had received the award two years prior. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 28, 2015 ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Ferryman announced the Costa Mesa-Newport Harbor Lions Club Fish Fry will be held May 29— 31, 2015. President Scheafer announced the June 2, 2015 Town Hall meeting for the Organics Recycling Program. He noted that he would confirm his availability to attend the budget review meeting on June 8, 2015. ADJOURN To CLOSED SESSION — President Scheafer adjourned to closed session at 7:02 P.M. 16. Discuss litigation with legal counsel pursuant to Government Code Section 54956.9: (a) In In regards to existing/anticipated litigation entitled Costa Mesa Sanitary District — Santa Ana Regional Water Quality Control Board Complaint No. R8-2014-0017. (b) Anticipated litigation — significant exposure to litigation pursuant to Government Code 5456.9(d)(2),(e)(1) [Number of potential cases: 1] All others exited the meeting with the exception of the Board of Directors, General Manager Carroll, District Engineer Hamers, and District Counsel Burns. RECONVENE TO OPEN SESSION President Scheafer reconvened to open session at 7:30 P.M. and noted that no reportable action had been taken. ADJOURNMENT There being no further business to come before the Board, President Scheafer adjourned the meeting at 7:30 P.M. C-26(-/eA &41..k4dei Robert Ooten Michael Sche.fe( Secretary President