Minutes - Board - 2013-05-23MAI
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 23, 2013
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
May 23, 2013 at 5:30 p.m. at 628 W. 19th
Street, Costa Mesa.
PLEDGE OF President Ferryman led the Pledge of
ALLEGIANCE Allegiance.
INVOCATION Director Ooten led the Invocation.
ROLL CALL DIRECTORS PRESENT: James Ferryman, Robert Ooten, Art Perry,
Arlene Schafer
DIRECTORS ABSENT: Mike Scheafer (entered into the meeting at
6:10 p.m.)
STAFF PRESENT: Scott Carroll, General Manager; Anna
Sanchez, Administrative Service Manager;
Noelani Middenway, Deputy Clerk of the
District; Robin B. Harriers, District Engineer;
Alan Burns, District Counsel; Marc Davis,
District Treasurer
OTHERS PRESENT: Michael
Balliet,
Michael Balliet
Consulting;
Dean
Ruffridge, CR &R;
Lawrence
Jones,
CR &R; Jim Mosher,
Resident;
Patrick
Ibarra, Mejorando
Group; Bill
Nelson,
CSDA; Cecila Maida,
International Christian Montessori
Academy of Costa Mesa
V. CEREMONIAL MATTERS AND PRESENTATIONS — The Board recognized the International Christian
Academy of Costa Mesa for winning their category and placing second Countywide for the MUZEO
TrashArtist Challenge.
VI. ANNOUNCEMENT OF LATE COMMUNICATIONS - General Manager Carroll indicated that Mr. Jim Mosher
had submitted written public comments and have been provided to the Board for review.
0 Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.crosdca.gov
Costa Mesa Sanitary District May 23, 2013
AGENDA Page 2
VII. PUBLIC COMMENTS
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 Districts Association (CSDA) provided public comment regarding his 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. CONSENT CALENDAR
1. Board of Directors Special Meeting The Board of Directors Special Meeting
Minutes of April 3, 2013 Minutes of April 3, 2013, was approved as
presented.
2. Board of Directors Special Meeting The Board of Directors Special Meeting
Minutes of April 10, 2013 Minutes of April 10, 2013, was approved as
presented.
3. Operations Committee Minutes of The Operations Committee Minutes of April
April 16, 2013 16, 2013, was approved as presented.
4. Board of Directors Regular Meeting The Board of Directors Regular Meeting
Minutes of April 18, 2013 Minutes of April 18, 2013, was approved as
presented.
5. Occupancy report and payment to The Board of Directors approved the
Costa Mesa Disposal occupancy report and payment to Costa
Mesa Disposal for the month of April 2013.
6. Contract Payment to CR Transfer for The Board of Directors approved payment
Recycling and Disposal Services to CR Transfer for recycling and disposal
services for the month of April 2013.
7. Adoption of a Resolution Approving The Board of Directors approved adoption
District Warrant Registers 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 The Board of Directors approved Directors'
Reimbursement of Expenses compensation and reimbursement of
expenses for the month of April 2013.
9. Claim - Oestreicher The Board of Directors rejected the claim.
Costa Mesa Sanitary District
AGENDA
10. Claim —Mercury Insurance
11. 3rd Quarter Budget Report
END OF CONSENT CALENDAR
May 23, 2013
Page 3
The Board of Directors rejected the claim.
The Board of Directors received and filed
the report.
Director Schafer moved for approval of the Consent Calendar. Director Ooten seconded the motion.
The motion carried 4 -0 -1, with Vice President Scheafer absent.
General Manager Carroll noted that 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. GENERAL MANAGER/DISTRICT CLERK REPORTS
12. Knowledge Transfer Program
Recommendation: That 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 usefulness 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 provided 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 Sanitary District
AGENDA
May 23, 2013
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 followed 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 percentages.
Mr. Dean Ruffridge commented that the results of the audit have helped to make material data and
reports 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 staff 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 waste rate to $18.00.
Discussion followed regarding the removal of items from the budget.
Director Perry felt it was important to purchase the field staff's toughtops and that it should not be
removed from the budget.
General Manager Carroll commented that 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.
Director 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 inspections.
There were no additional questions or comments and the report was received.
Costa Mesa Sanitary District
AGENDA
15.
Recommendation: That the Board of Directors:
May 23, 2013
Page 5
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 deferred 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 details 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 to 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. Director Schafer seconded the motion, which carried 5 -0.
Vice President Scheafer moved to adopt Resolution No. 2013 -831 setting fees and charges for
duplicating 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 Establishing
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 credits. 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 Sanitary District
AGENDA
There were no questions or comments.
May 23, 2013
Page 6
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. ENGINEER'S REPORTS
19. Project Status Reoort
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
Improvements
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. Exonerate 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 approve staff's recommendation. Vice President Scheafer seconded the
motion, which carried 5 -0.
21. Project #196 — Installation of Backup Power and Pumpino Capability Phase 1 — Sole
Source the Acquisition of Permanent By -Pass Pumps
Recommendation: That the Board of Directors approves the following action:
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 source of Godwin Pumps for the purchase of four (4)
complete backup pumping station units at the Elden, 23rd, Mendoza, and Victoria
Pumping Stations.
Authorize the General Manager to negotiate directly with Xylem to purchase the four
Godwin backup pumping units that will be installed as part of the construction contract
Costa Mesa Sanitary District
AGENDA
May 23, 2013
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 discussed 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 approve staff's recommendation. Director Ooten seconded the motion, which
carried 5 -0.
22. Proiect #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 General 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
the 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 comments.
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 Sanitary District
AGENDA
There were no questions or comments and the report was received.
XIV. ATTORNEY'S REPORTS - None
XV. LOCAL MEETINGS
May 23, 2013
Page 8
A. Orange County 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 Santa Ana Regional Interceptor (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. California 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 details 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 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.
Director Schafer reported on her attendance of the ISDOC meeting, the District's
Strategic Planning, Zero Waste, Operations, and Board meetings, and the CASA
conference.
COSTA MESA SANITARY DISTRICT PAGE 9
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD MAY 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 report 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 sessions 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 intent 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 the 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 Schafer questioned if the District would provide trash cans for the Orange County Fair.
Vice President Scheafer commented that the Lion's Club's 66th 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.
COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD MAY 23, 2013
XIX. ADJOURNMENT
President Ferryman adjourned the meeting at 8:00
Costa Mesa Sanitary District Board of Directors
District's Board Room, 628 W. 19th Street.
Li:L�,
Art Perry
Secretary
PAGE 10
p.m. to the next regular meeting of the
on June 27, 2013 at 5:30 p.m. in the
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J s Ferryman
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