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Minutes - Board - 2012-11-15 .41S1.*SAN1pgRy i1not 47ORPORtav COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 15, 2012 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on November 15, 2012 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. II. 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, Art Perry, Mike Scheafer DIRECTORS ABSENT: None STAFF PRESENT: Scott Carroll, General Manager; Noelani Middenway, Deputy District Clerk; Robin B. Hamers, District Engineer; Alan Burns, District Counsel; Marc Davis, District Treasurer; Teresa Gonzalez, Accounting Manager; 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 - None VII. PUBLIC COMMENTS — There was one public comment concerning Item Nos. 6, 7 and 9. General Manager Carroll responded to the public comment regarding Item No. 9 COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 and indicated that the disposition of District assets dealt with the SCADA system monitors being resold to the original contractor as its services are no longer required by the District. VIII. CONSENT CALENDAR 1. Operations Committee Minutes of The minutes of the Operations Committee October 16, 2012 Meeting of October 16, 2012, were approved as presented. 2. Board of Directors Minutes of October The minutes of the Board of Directors 25, 2012 Meeting of October 25, 2012, were approved as presented. 3. Occupancy Report and payment to The Occupancy Report and payment to Costa Mesa Disposal — November Costa Mesa Disposal for November 2012, 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 October October 2012 2012 was approved. 5. Adoption of Warrant Resolution No. Warrant Resolution No. CMSD 2013-5 CMSD 2013-5 Approving District approving District warrants for the Month of Warrant Registers October 2012 in the amount of $465,713.71 was approved. 6. Directors' Compensation and This item was pulled from the Consent Reimbursement, of Expenses for the Calendar for separate vote. Month of October 2012 7. Annual Report of Expenses — Fiscal This item was pulled from the Consent Year 2011-12 Calendar for separate vote. 8. Investment Report as of October 31, The Investment Report as of October 31, 2012 2012 was approved. 9. Resolution No. 2012-824 — Resolution No. 2012-824 authorizing the Authorizing the Disposition of District disposition of District assets was approved. Assets (SCADA Units) COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 END OF CONSENT CALENDAR Director Perry moved for approval of the Consent Calendar except for items pulled for a separate vote (Item Nos. 6 and 7). Director Ferryman seconded the motion, which carried 5-0. Regarding Item No. 6, President Ooten responded to the public comment and confirmed that he did attend the CSDA Annual Conference in San Diego and presented a report at the Board meeting of October 25, 2012 on. Regarding Item No. 7, Teresa Gonzalez, Accounting Manager, responded to the public comment discussing the District's cell phone allowance policy. Director Scheafer moved for approval .of Item Nos. 6 and 7. Director Ferryman seconded the motion, which carried 5-0. IX. PUBLIC HEARINGS - None X. GENERAL MANAGER/DISTRICT CLERK REPORTS 10. Performance Audit of CR&R General Manager Scott Carroll presented background and noted that the purpose of the audit is to verify compliance with the terms of the contract between CMSD and CR&R. He noted that the District has the right to audit any facet of CR&R's performance that includes access rights to CR&R's facility and equipment, books and records relating to the business operations and the right to demand an independent certified audit at CR&R's cost. Discussion followed regarding how a rate is determined to be favorable. It was noted that rates are determined based on the services that are provided. Ensuing discussion pertained to the cost system for collection per household versus recycling and diversion, the ability to compare the cost of a two can system to a three can system, and how to determine if the rates are favorable. It was questioned as to how rates are determined to be reasonable and how a midpoint should be identified. District Counsel, Alan Burns, responded that the term `reasonable' was not defined in the contract and that a judgment as to what can be considered to be `reasonable' can be made within the District. Discussion followed regarding industry standards of what is considered to be 'reasonable' and the responsibilities of the Consultant to determine whether or not the contractor is in compliance with the contract. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 Director Fitzpatrick expressed interest in discussing GPS technology to be used on the hauler trucks. District Counsel Burns identified areas of the RFP to be edited including the request for additional details on types of audits previously performed by the consultant to ensure that it is comparable to the nature of the CR&R audit. He addressed the necessity for the addition of a confidentiality clause and Errors and Omissions insurance coverage. There were no additional questions or comments. Director Ferryman moved to authorize staff to proceed soliciting an RFP for auditing services of CR&R Environmental Services. Director Scheafer seconded the motion, which carried 5-0. 11. Davis Magnet School Source Reduction Program Mr. Carroll presented details of the report and addressed the extraordinary sustainability and recycling efforts made by Davis Magnet School. He highlighted different areas of their program including their recycling center, composting efforts, and Eco education. He attributed the success of the program to the involvement of the parents, staff, and partnerships with other organizations. Director Perry suggested that the school be offered a tour of the Materials Recycling Facility. Director Scheafer indicated that a letter of recognition from the District to the School Board would be appropriate to highlight Davis Magnet Schools efforts. Director Fitzpatrick discussed formulating a list of best practices and resources to be circulated to other schools. There were no additional questions or comments. Members of the Board concurred to receive and file the report. 12. CIP Elements of the Asset Management Program Mr. Carroll presented the report and recommendations as listed in the agenda report. He noted methods by which maintenance, capital outlay, capital improvement and asset management projects are funded. There were no questions or comments. Members of the Board concurred to receive and file the report. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 13. Adopt Ordinance No. 94 — Amending the District's Operations Code Chapter 10.01 Mr. Carroll presented the report and noted that the amendment of Operations Code Section 10.01 eliminated the need for a formal Safety/Loss Control Committee There were no questions or comments. Director Perry moved to adopt Ordinance No. 94 amending Chapter 10.01. Director Scheafer seconded the motion, which carried 5-0. 14. Assessing Force Mains Mr. Carroll presented the report and recommendations as listed in the agenda report. He indicated that the assessment costs and timeline were included in the report. Director Fitzpatrick congratulated General Manager Carroll and District Engineer Hamers on a well compiled report. Director Ferryman moved to approve the proposed plan for assessing force mains. Director Perry seconded the motion, which carried 5-0. 15. Election Results Mr. Carroll presented the report of the 2012 election results and congratulated Directors Ferryman and Perry on their re-election. He noted that that Oath of Office would be administered to the re-elected officials on Friday, December 7, 2012. Discussion followed regarding the date that official results will be finalized. There were no additional questions or comments. Members of the Board concurred to receive and file the report. Xl. OPERATIONS COMMITTEE 16. Tuesday, November 13, 2012, 9:30 a.m. — (Vice President Ferryman and Director Fitzpatrick) Director Ferryman reported on the Operations Committee meeting of November 13, 2012. He addressed a recent scavenging citation, commodity revenue with CR&R, recycling analysis, enforcement of trash cans stored in alleys, spill statistics, and enforcing of force mains. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 Director Scheafer commented that a circulated flyer addressing the enforcement of trash cans stored in alleys would be an effective method of notification to the residents. Members of the Board concurred to receive and file the report. XII. ENGINEER'S REPORTS 17. Project Status Report District Hamers indicated that the Santa Ana and 23rd force mains had been lined successfully and that all other projects are moving forward as scheduled. There were no questions or comments. Members of the Board concurred to receive and file the report. 18. Sewer Cleaning Program 2012-13 President Ooten noted that this item had been discussed at the Operations Committee meeting of November 13, 2012. There were no questions or comments. Director Scheafer moved to approve 1.) Addendum No. 2 for the fiscal year 2012-13 with an estimated cost of $112,460 and approve a 2-year extension to the National Plant Services contract for fiscal years 2013-14 and 2014-15, and 2.) Authorize the General Manager to use a portion of the saving to fund the additional consultant services to revise the District's cleaning program from its current 3-year cleaning cycle to a more efficient 2-year cleaning cycle and to prepare work orders for both CMSD and NPS for the cleaning work. Director Ferryman seconded the motion, which carried 5-0. XIII. TREASURER'S REPORTS- None XIV. ATTORNEY'S REPORTS 19. Encroachment Agreement at 2331 Tustin Avenue District Counsel Burns provided background on the request for an Encroachment Agreement at 2331 Tustin Avenue. Discussion followed regarding the process of obtaining signatures and recordation of the Encroachment Agreement. There were no additional questions or comments. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 Director Perry moved to approve the Encroachment Agreement. Director Scheafer seconded the motion, which carried 5-0. 20. Adopt Ordinance No. 95 — Amending Operations Code with Regard to Public Meeting Rules District Counsel presented the details as listed in the staff report and Ordinance No. 95 addressing public meeting rules. There were no questions or comments. Director Scheafer moved to adopt Ordinance No. 95. Director Perry seconded the motion, which carried 5-0. XV. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) — (Vice President Ferryman) Director Ferryman indicated that the OCSD meeting was to be held later in the week. B. Santa Ana River Flood Protection Agency (SARFPA) — (Director Perry) Director Perry provided an update on the recent SARFPA meeting and addressed the Prado Dam. Director Ferryman reported on a tour he took of the Prado Dam and commented on the amount of work that has been done. He also noted that the SARFPA meeting was adjourned in memory of Mr. Frank Fry. C. Independent Special Districts of Orange County (ISDOC) — (President Ooten) President Ooten provided an update on his recent attendance of the ISDOC meeting and noted that it was his last meeting as an official Board member. He indicated that the ISDOC Committee encourages all Special Districts to offer the Grand Jury a tour. D. California Special Districts Association (CSDA) Director Scheafer reported on a CSDA workshop he attended that addressed issues concerning the Brown Act. E. California Association of Sanitation Agencies (CASA) COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 15, 2012 F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Director Perry reported on a recent WACO meeting he attended. Director Fitzpatrick reported on his recent attendance of the Newport City Council meeting. He also reported on his attendance of the South Coast Metro Alliance workshop and encouraged the Board to attend future meetings. District Counsel Burns recommended that the South Coast Metro Alliance meetings be added to the Ordinance listing approved meetings for reimbursement. XVI. OLD BUSINESS- None XVII. NEW BUSINESS General Manager Carroll informed the Board that the District office will be closed at noon on December 24, 2012. He announced that this was Accounting Manager, Teresa Gonzalez's last day with CMSD as she has accepted a position with the City of Fountain Valley. He thanked her for her years of service and wished her well in her new position. Director Scheafer announced that he had been re-appointed to the CSDA Board Committee. XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XIX. ADJOURNMENT President Ooten adjourned the meeting at 6:49 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on December 20, 2012 at 5:30 p.m. in the District's Board Room, 628 W. 19th Street. 1r.• Secretary