Minutes - 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.
IL PLEDGE OF President Ooten led the Pledge of
ALLEGIANCE 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. Harriers, District Engineer; Alan
Burns, District Counsel; Jacque Rogers,
Assistant to the 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
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD AUGUST 20, 2012
VII. CONSENT CALENDAR
REPORTS
A. MINUTE APPROVAL
1. Operations Committee — July 20, The minutes of the July 20, 2012 Operations
2012 Committee meeting were approved as
presented.
2. Regular Board of Directors Meeting — The minutes of the July 26, 2012 Board of
July 26, 2012 Directors meeting were approved as
presented.
B. FINANCIAL REPORTS
3. Occupancy Report and Payment to The Occupancy Report and payment to
Costa Mesa Disposal — .August 2012 Costa Mesa Disposal for August 2012, was
approved as submitted.
4. Contract Payment to CR Transfer for The Contract Payment to CR Transfer for
Recycling Services & Disposal for Recycling Services & Disposal for July 2012
July 2012 was ratified.
5. Adoption of Warrant Resolution No. The payment was approved and ratified.
CMSD 2013 -1 Ratifying Payment for
the Month of July 2012 in the amount
of $1,544,018.00.
6. Directors' Compensation and Directors' Compensation and
Reimbursement of Expenses for the Reimbursement of Expenses for the Month
Month of July 2012 of July 2012, as listed in the Agenda Report
dated August 20, 2012, were approved and
ratified.
7. Investment Report as of July 31, The Investment Report as of July 31, 2012
2012 was approved and filed.
8. Second Amendment (GIS & CMMS) - The Second Amendment with
EEC Environmental Engineering & Contracting
(EEC) for GIS & CMMS support services
was approved.
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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 MANAGERS 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.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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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.
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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:OOPM.
President Ooten called for a recess at 7:01 PM.
The Regular Board of Directors meeting reconvened at 7:05PM.
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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:OOAM — (Vice President Ferryman and
President Ooten)
There was no report on this item as the meeting date was scheduled for the following
day.
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ENGINEER'S REPORTS
17. Project Status Report
District Engineer Harriers 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)
►f1ffel-
B. Santa Ana River Flood Protection Agency (SARFPA)
None
COSTA MESA SANITARY DISTRICT
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
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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
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