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02 - Minutes Board of Directors 2013-05-23 P rotecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov C OSTA M ESA S ANITARY D ISTRICT M INUTES OF B OARD OF D IRECTORS R EGULAR M EETING M AY 23 , 2013 ______________________________________________________________________ I. C ALL TO O RDE R The Board of Directors of the Costa Mesa Sanitary District met in reg ular session on May 23 , 2013 at 5:3 0 p.m. at 628 W. 19 th Street, Costa Mesa. II. P LEDGE OF A LLEGIANCE President Ferryman led the Pledge of Allegiance. III. I NVOCATION Director Ooten led the Invocation. IV. R OLL C ALL D IRECTORS P RESENT : James Ferryman, Robert Ooten, Art Perry , Arlene Schafer D IRECTORS A BSENT : Mike Scheafer (entered into the meeting at 6:10 p.m.) S TAFF P RESENT : Scott Carroll, General Manager; Anna Sanchez, Administrative Service Manager; Noelani Middenway, Deputy Clerk of th e District; Robin B. Hamers, District Engineer; Ala n Burns, District Counsel; Marc Davis , District Treasurer O THERS P RESENT : Michael Balliet, Michael Balliet Consulting; Dean Ruffridge, CR&R; Lawrence Jones, CR&R ; Jim Mosher, Resident; Patrick Iba rra, Mejorando Group; Bill Nelson, CSDA; Cecila Maida, International Christian Montessori Academy of Costa Mesa V. C EREMONIAL M ATTERS AND P RESENTATIONS – The Board recognized the International Christian Academy of Costa Mesa for winning their category and placing second Countywide for the MUZEO TrashArtist Challenge. VI. A NNOUNCEMENT OF L ATE C OMMUNICATIONS - General Manager Carroll indicated that Mr. Jim Mosher had submitted written public comments and have been provided to the Board for review. ITEM NO. 02 Costa Mesa San itary District May 23, 2013 AGENDA Page 2 VII. P UBLIC C OMMEN TS President Ferryman invited members of the public to address the Board. Mr. Bill Nelson , Trustee of the Orange County Cemetery District and Board of Director of the California Special District s Association (CSDA) provided public comment regarding hi s reelection to CSDA’s Board of Directors and requested the support of the Board by voting for him in the upcoming CSDA 2013 Election. Seeing no one further, President Ferryman closed public comments. VIII. C ONSENT C ALENDAR 1. Board of Directors Special Meetin g Minutes of April 3 , 2013 The Board of Directors Special Meeting Minutes of April 3 , 2013 , was approved as presented. 2. Board of Directors Special Meeting Minutes of April 10, 2013 3. Operations Committee Minutes of April 16 , 2013 The Board of Director s Special Meeting Minutes of April 10, 2013, was approved as presented. The Operations Committee Minutes of April 16 , 2013, was approved as presented. 4. Board of Directors Regular Meeting Minutes of April 1 8, 2013 The Board of Directors Regular Meeting Minutes of April 1 8, 2013, was approved as presented. 5. Occupancy report and payment to Costa Mesa Disposal 6. Contract Payment to CR Transfer for Recycling and Disposal Services The Board of Directors approved the occupancy report and payment to Costa M esa Disposal for the month of April 2013. The Board of Directors approved payment to CR Transfer for recycling and disposal services for the month of April 2013. 7. Adoption of a Resolution Approving District Warrant Registers The Board of Directors ap proved adoption of Warrant Resolution No. CMSD 2013 -11 approving District warrant registers for the month of April in the amount of $784,932.22. 8. Directors' Compensation and Reimbursement of Expenses The Board of Directors approved Directors' compensa tion and reimbursement of expenses for the month of April 2013. 9. Claim - Oestreicher The Board of Directors rejected the claim. Costa Mesa San itary District May 23, 2013 AGENDA Page 3 10. Claim – Mercury Insurance The Board of Directors rejected the claim. 11. 3 rd Quarter Budget Report The Board of Directors r eceived and filed the report. E ND OF C ONSENT C ALENDAR Director Schafer moved for approval of the Consent Calenda r. Director Ooten seconded the motion. T he motion carried 4 -0 -1, with Vice President Scheafer absent. General Manager Carroll noted th at Mr. Jim Mosher had noted a typographical error in one set of the minutes and that the error had been corrected prior to the approval of the Consent Calendar. X. G ENERAL M ANAGER /D ISTRICT C LERK R EPORTS 1 2 . Knowledge Transfer Program Recommendation: T hat the Board of Directors receives and files the District’s Knowledge Transfer Program. Mr. Patrick Ibarra, Co -Founder and Partner of The Mejorando Group will be giving a presentation to the Board about the program. General Manager Carroll introduced the item and deferred to Mr. Patrick Ibarra to discuss the Knowledge Transfer Program. Mr. Ibarra provided a presentation on the Knowledge Transfer Program, discussed the importance of being able to extract staff’s tacit knowledge and explained in detail the process by which the information was gathered and compiled. Mr. Ibarra also discussed the expert interview process that he conducted, explained the position summaries, the outcome, and the integrated workforce strategy. Director Perry commented on the us efulness of the position summaries in assisting the Board in understanding the functions of the District’s staff. There were no additional questions or comments and the report was received. 13. CR&R Performance Audit Results Recommendation: Receive report from Michael Balliet Consulting, LLC and direct staff to implement recommendations cited in the report. General Manager Carroll introduced the item and deferred to Mr. Michael Balliet to discuss the results of the CR&R performance audit. Mr. Balliet pro vided report details and discussed his summary of compliance. Mr. Balliet indicated that CR&R was in full compliance in 25 of 28 areas and noted that three areas of non -compliance were resolved during the time of the review. Mr. Balliet provided details of the areas of non -compliance and how those matters were resolved. Costa Mesa San itary District May 23, 2013 AGENDA Page 4 Director Ooten expressed appreciation of staff and Mr. Balliet’s involvement in conducting the performance audit and requested that staff return with an implementation plan. Discussion f ollowed regarding the term ‘fairly unique with mixed processing’, subsidies, and the need to focus on the areas of non -compliance. Mr. Jim Mosher provided public comment concerning CR&R’s areas of non -compliance and commented on the stated recycling perc entages. Mr. Dean Ruffridge commented that the results of the audit have helped to make material data and report s more accurate. Discussion followed regarding the waste characterization method and CalRecycle’s mandate to audit cities. General Manager Carroll noted that staff will work with CR&R to resolve non -compliance issues. There were no additional questions or comments and the report was received. 14. Proposed FY 2013/14 & 2014/15 Budget Recommendation: That the Board of Directors give staf f directions on the proposed budget and direct staff to bring back a final budget on June 27, 2013 for adoption. General Manager Carroll provided report details of the proposed budgets for Fiscal Year 2013 -14 and 2014 -15 and discussed lowering the solid w aste rate to $18.00. Discussion followed regarding the removal of items from the budget. Director Ooten felt it important to purchase the field staff’s toughtops and that it should not be removed from the budget. General Manager Carroll commented tha t the toughtop purchase would come out of the sewer fund. Director Ooten requested that the Board salary budget be reduced by $7,000 as he will not be requesting that amount of money as his repayment of legal fees for the Quo Warranto litigation. Direc tor Perry commented on exterior improvements and felt that the expenditure of $15,000 as a precaution was worth it. Vice President Scheafer expressed appreciation of the consideration to lower the solid waste rates to $18 and appreciated General Manager Carroll’s comments regarding working with CR&R. Vice President Scheafer felt that the District is providing the ratepayers a great service. Discussion followed regarding the cost and frequency of manhole inspection s . There were no additional questions or comments and the report was received. Costa Mesa San itary District May 23, 2013 AGENDA Page 5 15. Public Records Act Request Policy and Adoption of Resolution 2013 -831 Establishing Fees for Services Rendered by the Office of the District Clerk Recommendation: That the Board of Directors: 1. Receive and file Administrative Regulation No. 60.00 establishing the Public Records Act Request policy and procedures to facilitate accessibility of information to members of the public. 2. Adopt Resolution No. 2013 -831 setting fees and charges for duplicating District information. General Manager Carroll introduced the item and deferr ed to Ms. Noelani Middenway. Ms. Middenway provided report details and discussed the Public Records Act Request Policy and purpose of establishing a fee schedule. Ms. Middenway provided detail s regarding the proposed fees and explained the content of the Administrative Regulation No. 60.00. Mr. Jim Mosher provided public comment regarding the proposed fee schedule. There were no further questions or comments. Director Ooten moved t o r eceive and file Administrative Regulation No. 60.00 establishing the Public Records Act Request policy and procedures to facilitate accessibility of infor mation to members of the public. Director Schafer seconded the motion, which carried 5 -0. Vice Pre sident Scheafer moved to a dopt Resolution No. 2013 -831 setting fees and charges for du plicating District information. Director Schafer seconded the motion, which carried 5 -0. 16. Adopting Ordinance No. 97 Adding Section 6.04.085 to the Operations Code Est ablishing Plumbing Fixture Fee Credits Recommendation: That the Board of Directors adopt Ordinance No. 97 adding Section 6.040.085 to the Operations Code establishing plumbing fixture fee credits. General Manager Carroll introduced the item and deferred to Ms. Anna Sanchez. Ms. Sanchez provided report details regarding the establishing of plumbing fixture fee credits. Director Ooten moved to adopt Ordinance No. 97 adding Section 6.040.085 to the Operations Code establishing plumbing fixture fee credit s. Vice President Scheafer seconded the motion, which carried 5 -0. 17. California Legislative Analysis Report Recommendation: That the Board of Directors approve supporting SB 254 (Hancock) and opposing AB 323 (Chesbro) and AB 1333 (Hernandez). General Manager Carroll provided report details and discussed the new legislative analysis report to be provided to the Board on a quarterly basis. Mr. Carroll provided detail on the bills that staff recommend the District support and oppose. Costa Mesa San itary District May 23, 2013 AGENDA Page 6 There were no quest ions or comments. Director Schafer moved to approve supporting SB 254 (Hancock) and opposing AB 323 (Chesbro) and AB 1333 (Hernandez). Director Ooten seconded the motion, which carried 5 -0. XI. OPERATIONS COMMITTEE 18. Tuesday May 21, 2013, 9:30 a.m . - (Vice President Scheafer and Director Perry) Recommendation: That the Board of Directors accepts and files report. Vice President Scheafer discussed the CR&R audit results. There were no questions or comments and the report was received. XII. EN GINEER’S REPORTS 19. Project Status Report Recommendation: That the Board of Directors receive and file the report. The report was received and filed as presented. 20. Project #192 – System Wide Sewer Reconstruction, Phase 2 – Acceptance of I mprovements Recommendation: That the Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exo nerate Labor and Material Bond after Notice of Completion is recorded and exonerate Faithful Performance Bond one year of Notice of Completion is recorded. District Engineer Hamers noted that this item is of standard procedure. Director Ooten moved to a pprove staff’s recommendation. Vice President Scheafer seconded the motion, which carried 5 -0. 21. Project #196 – Installation of Backup Power and Pumping Capability, Phase 1 – Sole Source the Acquisition of Permanent By -Pass Pumps Recommendation: That the Board of Directors approves the following action: 1. Find that for reasons of conformity, uniformity, compatibility, simplification of maintenance and emergency response, it is in the best interests of the public for the District to approve the sole sou rce of Godwin Pumps for the purchase of four (4) complete backup pumping station units at the Elden, 23 rd , Mendoza, and Victoria Pumping Stations. 2. Authorize the General Manager to negotiate directly with Xylem to purchase the four Godwin backup pumping uni ts that will be installed as part of the construction contract Costa Mesa San itary District May 23, 2013 AGENDA Page 7 for the above referenced Project #196 at an estimated cost of $300,000. The District will solicit bids to install the pumping units. District Engineer Hamers provided report details and discu ssed the installation of backup power and pumping capabilities. District Counsel Burns noted that he has provided his findings under the legal review of the staff report. There were no additional questions or comments. Director Schafer moved to appro ve staff’s recommendation. Director Ooten seconded the motion, which carried 5 -0. 22. Project #199 – Transfer of Fairview Trunk from OCSD – Condition of Assessment, Engineer’s Estimate to Rehabilitate & Results of Soils Investigation Recommendation: That the Board of Directors approves the following action: 1. Direct the General Manager to request OCSD review and accept the revised Engineer’s Estimate of $427,600 for rehabilitation work to bring the Fairview Trunk up to industry standards. 2. Authorize the Ge neral Manager to work with OCSD in preparing a transfer agreement for Board of Directors approval that includes payment of the Engineer’s Estimate for rehabilitation work. 3. Direct the General Manager to contact C.J. Segerstrom & Sons and apprise them of th e status of the transfer and sewer service for the Home Ranch property. District Engineer Hamers provided report details and discussed the results of the soils report. Director Perry questioned if the District will take over the line once this item was approved. District Engineer Hamers responded to Director Perry’s question and noted that a transfer agreement would first need to be prepared by the Orange County Sanitation District and reviewed by CMSD staff. There were no additional questions or com ments. Director Ooten moved to approve staff’s recommendation. Vice President Scheafer seconded the motion, which carried 5 -0. XIII. TREASURER’S REPORTS 23. Investment Report Recommendation: That the Board of Directors approves the Investment Report for the month of April 2013 District Treasurer Davis provided details of the investment report for the month of April. Costa Mesa San itary District May 23, 2013 AGENDA Page 8 There were no questions or comments and the report was received . XIV. ATTORNEY’S REPORTS - None XV. LOCAL MEETINGS A. Orange Cou nty Sanitation District (OCSD) – (President Ferryman) Recommendation: That the Board of Directors accepts oral report. Director Ooten reported on OCSD’s chemical suppliers and informed the Board of an upcoming special meeting. B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. Director Perry reported on flood zone policies and the anticipated completion of the SARI line by the end of 2013. C. Independent Special Districts of Orange County (ISDOC) – (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer informed the Board that the ISDOC Quarterly meeting will be held on May 30. D. Californ ia Special Districts Association (CSDA) Recommendation: That the Board of Directors accepts oral report. General Manager Carroll reported on his and President Ferryman’s attendance of the CSDA Legislative Days Conference in Sacramento and provided deta ils of their meetings with Assemblyman Mansoor and Senator Walters. Vice President Scheafer commented on the panel discussions at the CSDA Legislative Days Conference. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Boar d 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. Direc tor Schafer reported on her attendance of the ISDOC meeting, the District’s Strategic Planning, Zero Waste, Operations, and Board meetings, and the CASA conference. C OSTA M ESA S ANITARY D ISTRICT P AGE 9 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD M AY 23 , 2013 ________________________________________________________________ Director Perry reported on his attendance of the City of Costa Mesa Council meeting. XVI . OLD BUSINESS - None XVII. NEW BUSINESS 24. Board of Directors Study Session – Oral Report Recommendation: That the Board of Directors consider replacing the Operations Committee meetings with Board of Directors Study Session and direct staff to repo rt back with a revision to the Operations Code General Manager Carroll introduced the item and indicated that the Board expressed interest in replacing the Operations Committee meetings with study sessi ons to allow all members of the Board to participate in discussions. Discussion followed regarding the ability to take action at the study sessions, controlling the size of the agenda, time allotted for public comment, and the format of the study sessions. District Counsel Burns clarified the Board’s int ent to bring this item back with the intent to disband the Operations Committee and to create the study sessions. The Board concurred with District Counsel. General Manager Carroll confirmed that the Ordinance would be revised to disband the Operations Committee and be brought before the Board at the June 27, 2013 Board meeting. 25. 2013 CSDA Award Nominations – Oral Report Recommendation: That the Board of Directors consider submitting award nominations to the California Special Districts Association (CSDA). Director Schafer made a motion to nominate General Manager Scott Carroll for General Manager of the Year. President Ferryman seconded the motion, which carried 5 -0. XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Perry inquired if t he District should publish District’s accomplishments in the paper. Discussion followed regarding publications and editorials highlighting the District. Director Ooten commented on Newport Coast’s trash contract. Director Scheafer questioned if the D istrict would provide trash cans for the Orange County Fair. Vice President Scheafer commented that the Lion’s Club’s 66 th Annual Fish Fry will be held the weekend after Memorial Day and that the District will have a presence at the event. Vice President Scheafer also announced the birth of his grandson Logan David Scheafer. C OSTA M ESA S ANITARY D ISTRICT P AGE 10 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD M AY 23 , 2013 ________________________________________________________________ XIX. ADJOURNMENT President Ferryman adjourned the meeting at 8:00 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on June 27, 2013 at 5:3 0 p.m. in the District’s Board Room, 628 W. 19 th Street. _________________________ _________________________ Art Perry James Ferryman Secretary President