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Minutes - Board - 2013-06-27 „SA f 6 D an o0'° O f') i,\ORPORATE°`9 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JUNE 27, 2013 I. CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on June 27, 2013 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. II. PLEDGE OF President Ferryman led the Pledge of ALLEGIANCE Allegiance. III. INVOCATION Director Ooten led the Invocation. IV. 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. Hamers, District Engineer; Alan Burns, District Counsel; Marc Davis, District Treasurer; Javier Ochiqui, Management Analyst OTHERS PRESENT: Joseph Jenkins, EEC; Dean Ruffridge, CR&R; Lawrence Jones, CR&R; Jim Mosher, Resident; Tom Taleb, Business Owner V. CEREMONIAL MATTERS AND PRESENTATIONS — President Ferryman read a proclamation from CMSD congratulating the City of Costa Mesa on its 60th anniversary. VI. ANNOUNCEMENT OF LATE COMMUNICATIONS - General Manager Carroll indicated that staff received information froth the California Special Districts Association (CSDA) after the agenda was posted regarding a vacant seat on CSDA's Finance Corporation Board and Director Arlene Schafer has expressed an interest to seek Board support for nominating her to the vacant seat. Mr. Carroll recommended that the Board approve this item which arose after the agenda was posted and needs to be 0 Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdca.gov COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 heard. Mr. Carroll also recommended that this item be added to the agenda as Item 29. District Counsel Burns advised that the Board needs to make a finding that the need to address the item arose after the agenda was posted, and that due to the nearness of the selection date, a need to take immediate action was present and therefore the item could be voted on as item 29 on the agenda. Director Ooten moved to make those findings based on the above-mentioned facts; the motion was seconded and carried by a vote of 4-0-1, with Director Schafer absent. VII. PUBLIC COMMENTS President Ferryman invited members of the public to address the Board. Mr. Jim Mosher provided public comment regarding reimbursement to the District from the City of Newport Beach for its assistance in responding to an emergency. General Manager Carroll responded to the public comment and noted that the District did receive reimbursement from the City of Newport Beach. Seeing no one further, President Ferryman closed public comments. VIII. CONSENT CALENDAR 1. Operations Committee Minutes of The Operations Committee. Minutes of May May 21, 2013 21, 2013, was approved as presented. 2. Board of Directors Regular Meeting The Board of Directors Regular Meeting Minutes of May 23, 2013 Minutes of May 23, 2013, was approved as presented. 3. Board of Directors Special Meeting The Board of Directors Special Meeting Minutes of May 28, 2013 Minutes of May 28, 2013, was approved as presented. 4. 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 May 2013. 5. 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 May 2013. 6. Adoption of a Warrant Resolution No. The Board of Directors approved adoption 2013-12 Approving District Warrant of Warrant Resolution No. CMSD 2013-12 Registers approving.District warrant registers for the COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 month of May in the amount of$920,037.15. 7. Directors' Compensation and The Board of Directors approved Directors' Reimbursement of Expenses compensation and reimbursement of expenses for the month of May 2013. 8. Investment Report— May 2013 The Board of Directors received and filed the report as presented. 9. Adoption of Resolution No. 2013-832 The Board of Directors adopted Resolution Ordering Publication of Ordinance No. 2013-832. No. 97 10.Claim No. 13-004 — Ohlaker The Board of Directors rejected the claim. 11.Refund of Sanitary Assessment The Board of Directors approved a refund Overpayment — 2990 Airway Avenue for the previous year assessment 2012-13 in the amount of$4,509.75. END OF CONSENT CALENDAR Director Ooten moved for approval of the Consent Calendar. Director Perry seconded the motion. The motion carried 4-0-1, with Vice President Scheafer absent. General Manager Carroll suggested that Item 15 be heard prior to Item 12 in the interest of beginning the public hearings at the scheduled time of 6:00 p.m. President Ferryman heard Item 15 at this point in the agenda. 15. FOG Enforcement Appeal at 2590 Newport Blvd Recommendation: That the Board of Directors denies the appeal to reduce the invoice amount of$2,019.62 for Fats Oil Grease (FOG) enforcement. General Manager Carroll introduced the item and provided report details and recommended that the Board deny the appeal to reduce the invoice amount of$2,019.62. President Ferryman requested that the owner/appellant, Mr. Taleb, address the Board. Mr. Taleb appealed the clean-up cost invoice for a sewer interceptor that was in imminent danger of causing a sewer system overflow. A packet of information consisting of staff's evidence was provided in the agenda packet and had previously been provided to Mr. Taleb. General Manager Scott Carroll, Joseph Jenkins of EEC, and Rob Hamers, District Engineer, also testified as to the urgency of the matter, the need to take immediate action, and that the owner, Mr. Taleb, refused COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 to act promptly to avoid a sanitary sewer overflow (SSO). Mr. Taleb testified as to why he should not have to pay. He submitted three documents in his defense which were made part of the record. He said he did not believe EEC was representing the District because he has never had a sewer backup. Mr. Taleb did acknowledge that he did not check further to verify EEC is representing the District for FOG enforcement. He also believed he should have had more time to comply. The District witnesses established that the sewage level was rising, that time was of the essence to avoid an SSO, and the public's health was in jeopardy if an SSO occurred on Mr. Taleb's property. Vice President Scheafer entered the meeting at 6:10 p.m. The Board made inquiries of the persons testifying and determined that there was an imminent danger of an SSO and that the action of District's contractor and staff was appropriate. However, after consideration of what Mr. Taleb presented, the Board determined to reduce the invoice to absorb District internal costs in the amount of $426.65, leaving a balance due and payable of $1,592.97. The Board determined that Mr. Taleb could have 30 days to pay the sum. Director Perry moved to reduce Mr. Taleb's invoice in the amount of $426.65 from $2,019.62, leaving a balance due and payable of $1,592.97 within 30 days. Director Schafer seconded the motion, which carried 4-0-1, with Vice President Scheafer abstaining. IX. PUBLIC HEARINGS 12. Consideration of Solid Waste Annual Charges for FY 2013-14 & FY 2014-15 to be Collected with the General Taxes A. Presentation of Report B. Reconvene Public Hearing C. Close Public Hearing D. Recommendation: That the Board of Directors Approves Resolution No. 2013-833 Confirming and Adopting the Report and directing Clerk to File with County Auditor. President Ferryman reconvened the public hearing at 6:20 p.m. and requested that District Counsel Burns provide an overview of the public hearing procedures. District Counsel Burns read the Proposition 218 hearing requirements. President Ferryman deferred to General Manager Carroll for a presentation of report. General Manager Carroll provided report details and discussed the five key expenses of the District's Solid Waste Program and how the annual charge is calculated. Mr. Carroll noted that staff performed a long term rate stabilization analysis and recommended that the Board approve Resolution No. 2013-833 adopting the proposed solid waste annual rate of $216 or $18.00 a month. There were no additional questions or comments. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 President Ferryman closed the public hearing at 6:32 p.m. Director Ooten moved to approve Resolution No. 2013-833. Director Schafer seconded the motion, which carried 5-0. 13. Consideration of Liquid Waste Annual Charges for FY 2013-14 & FY 2014-15 to be Collected with the General Taxes A. Presentation of Report B. Reconvene Public Hearing C. Close Public Hearing D. Recommendation: That the Board of Directors Approves Resolution No. 2013-834 Confirming and Adopting the Report and directing Clerk to File with County Auditor. General Manager Carroll provided report details, discussed the proposed liquid waste annual charges, the calculation methodologies of revenue requirement projections, cost of service analysis, and rate design and bill analysis. Mr. Carroll recommended that that the Board approve Resolution No. 2013- 834 adopting the proposed increase of the liquid waste annual rate. President Ferryman reconvened the public hearing at 6:41 p.m. Mr. Jim Mosher provided public comment regarding the increase of the liquid waste rates. President Ferryman closed the public hearing at 6:44 p.m. Deputy District Clerk Middenway indicated that 11 written protests out of 13,039 parcels had been received to date. President Ferryman confirmed that the protest failed. There were no additional questions or comments. Director Schafer moved to approve Resolution No. 2013-834. Director Ooten seconded the motion, which carried 5-0. X. GENERAL MANAGER/DISTRICT CLERK REPORTS 14. Adopt FY 2013-14 & 2014-15 Budget Recommendation: That the Board of Directors approves Resolution No. 2013-835 adopting the Budget for Fiscal Years 2013-14 and 2014-15. General Manager Carroll provided report details of the proposed budget of $10,741,860 for FY 2013- 14 and $10,913,940 budget for FY 2014-15. Mr. Carroll discussed items related to the strategic plan goals that were incorporated into the budget and noted that the budget would be reviewed periodically should changes need to be made. There were no additional questions or comments. • COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 Vice President Scheafer moved to approve Resolution No. 2013-835 adopting the budget for Fiscal Years 2013-14 and 2014-15. Director Ooten seconded the motion, which carried 5-0. 16. Sewer System Management Plan (SSMP) Self Audit Recommendation: That the Board of Directors: 1. Accepts the SSMP self-audit performed by EEC; and 2. Direct staff to report back with an implementation plan for the minor corrective actions identified in the audit; and 3. Direct staff to bring back the SSMP with amendments for recertification approval. General Manager Carroll deferred to Mr. Joseph Jenkins of EEC for report details. Mr. Jenkins provided an overview of the audit process and discussed the results of the SSMP Audit noting various opportunities for enhancements. Discussion followed regarding the review of the sewer permit process and District Counsel Burns requested that he be involved in the process prior to its approval as he and District Engineer Hamers have been making changes to the process. General Manager Carroll noted that an implementation plan would be brought back to the Board. There were no additional questions or comments and the report was accepted. 17. Memorandum of Understanding with the County of Orange - AIertOC Notification System Recommendation: That the Board of Directors authorize the General Manager to enter into a Memorandum of Understanding (MOU) between the County of Orange and Costa Mesa Sanitary District for use of AIertOC, a countywide mass notification system. General Manager Carroll deferred to Ms. Anna Sanchez for report details. Ms. Sanchez provided background on the MOU between the County of Orange and Costa Mesa Sanitary District for use of AIertOC, Orange County's public mass notification system utilized to notify the public of emergency events and actions that should be taken in response to those events. There were no questions or comments. Director Ooten moved to authorize the General Manager to enter into a Memorandum of Understanding (MOU) between the County of Orange and Costa Mesa Sanitary District for use of AIertOC. Vice President Scheafer seconded the motion, which carried 5-0. 18. Rewarding Ideas Program Recommendation: That the Board of Directors approves rewarding District employees Steve Cano, Joel Ortiz and Alex Arreola $75.00 each, a total of $225.00 for their idea to enhance safety on the sewer combination truck. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 General Manager Carroll provided details of District employees Steve Cano, Joel Ortiz and Alex Arreola's idea to enhance safety on the sewer combination truck. There were no questions or comments. Director Ooten moved to approve rewarding District employees Steve Cano, Joel Ortiz and Alex Arreola $75.00 each, a total of $225.00 for their idea to enhance safety on the sewer combination truck. Vice President Scheafer seconded the motion, which carried 5-0. 19. Contract Administration for Project # 197 — System Wide Sewer Reconstruction — Phase III Recommendation: That the Board of Directors receive and file this report. The General Manager is approving the contract administration proposal from Robin B. Hamers & Associates (RBH) for $17,269. RBH will perform said services under its existing contract with the District. General Manager Carroll provided report details. There were no questions or comments and the report was received and filed. 20. CR&R Audit Implementation Plan Recommendation: That the Board of Directors approves the CR&R Audit Implementation Plan. General Manager Carroll deferred to Mr. Javier Ochiqui for report details. Mr. Ochiqui provided report details and discussed the implementation plan to address the unclear areas mentioned in the CR&R audit report. Director Perry questioned if the implementation plan could be accomplished by the dates that had been set. Mr. Ochiqui responded to Director Perry's question and noted that the set goals are achievable. There were no additional questions or comments. Director Schafer moved to approve the CR&R Audit implementation plan. Vice President Scheafer seconded the motion, which carried 5-0. XI. OPERATIONS COMMITTEE 21. Tuesday June 18, 2013, 9:30 a.m. - (Vice President Scheafer and Director Ooten) Recommendation: That the Board of Directors accepts and files report. Vice President Scheafer reported on the presentation by Mr. Acker of D'mand Systems. There were no questions or comments and the report was received. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 XII. ENGINEER'S REPORTS 22. Project Status Report Recommendation: That the Board of Directors receive and file the report. There were no questions or comments and the report was received and filed. 23. Encroachment Agreement at 1661 Indus Street, Newport Beach Recommendation: That the Board of Directors approves the agreement. District Engineer Hamers provided report details of the Encroachment Agreement to satisfy the property owner's proposal to cantilever a removable deck over the slope, sewer, and easement to better utilize his backyard. There were no questions or comments. Director Ooten moved to approve the encroachment agreement at 1661 Indus Street, Newport Beach. Vice President Scheafer seconded the motion, which carried 5-0. 24. Project#197 — System Wide Sewer Reconstruction — Phase III —Awarding Contract Recommendation: That the Board of Directors: 1. Award a contract to the lowest responsible bidder, Charles King Co., Inc., of Signal Hill, in the amount of $228,700.00. 2. Approve a 10% contingency budget of$22,870. District Engineer Hamers noted that this item is standard procedure recommending award of the contract to the lowest bidder, Charles King Co., Inc. Mr. Hamers noted that the work would be completed within 90 days. There were no additional questions or comments. Director Schafer moved to approve staffs recommendation as stated. Director Perry seconded the motion, which carried 5-0. XIII. TREASURER'S REPORTS 25. Statement of Investment Policy for Fiscal Year 2013-14 Recommendation: That the Board of Directors adopt Resolution No. 2013-836 approving the Policy and delegating the investment function to the District Treasurer for Fiscal Year 2013-14. District Treasurer' Davis provided details of the proposed Investment Policy for FY 2013-14 and noted that the proposed resolution approves the policy and delegates the investment function to the District Treasurer. Director Ooten moved to adopt. Resolution No. 2013-836 approving the Policy and delegating the investment function to the District Treasurer for Fiscal Year 2013-14. Director Schafer seconded the motion, which carried 5-0. XIV. ATTORNEY'S REPORTS COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 26. Dissolving Operations Committee and Instituting Study Session Special Meeting Procedures Recommendation: That the Board of Directors adopts the following: 1. Resolution No. 2013-838 dissolving the Operations Committee and directing that periodic study sessions be held of the full Board. 2. Ordinance No. 98 amending Operations Code Section 3.01.110 pertaining to procedures for placing an item on the agenda. District Counsel Burns provided details of the proposed resolution and ordinance dissolving the Operations Committee and instituting a District procedure to hold special meetings as study sessions. Mr. Burns noted that the ordinance will revise the procedure for placing matters on the agenda. Discussion followed regarding the structure of the study sessions, the frequency, day and times for the meetings to be held, and method by which items are placed on the agenda. Vice President Scheafer recommended that the content of the agenda be discussed at the first study session. General Manager Carroll clarified that study sessions should focus on sewer and trash and will continue to be held on the third Tuesday at 9:30 a.m. The Board concurred. There were no additional questions or comments. Director Schafer moved to adopt Resolution No. 2013-838 dissolving the Operations Committee and directing that periodic study sessions be held of the full Board. Director Ooten seconded the motion, which carried 5-0. Director Schafer moved to adopt Ordinance No. 98 amending Operations Code Section 3.01.110 pertaining to procedures for placing an item on the agenda. Director Ooten seconded the motion, which carried 5-0. XV. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) — (President Ferryman) Recommendation: That the Board of Directors accepts oral report. President Ferryman reported that the OCSD Board elected Mr. Troy Edgar as Chair and John Anderson as Vice Chair, reported on a discussion regarding union negotiations, and a retirement party for retired OCSD General Manager, Jim Ruth. B. Santa Ana River Flood Protection Agency (SARFPA) — (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 Director Perry reported on flood zone policies, the anticipated completion of the Santa Ana Regional Interceptor (SARI) line by the end of 2013, and the approval of the SARFPA budget. President Ferryman reported that there was a vote for the Executive Board. C. Independent Special Districts of Orange County (ISDOC) — (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported that ISDOC may contact General Manager Carroll regarding AC8, SBA11 and comments on the Grand Jury report. Vice President Scheafer also reported on a presentation on the affordable health care act and how it affects the public records act. Vice President Scheafer noted that Derek Johnson of the Orange County Transportation Authority (OCTA) will speak at the August 29th quarterly meeting. D. California Special Districts Association (CSDA) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported on his attendance of the Membership Committee and Education Committee meetings and noted that extensive discussion was held regarding the upcoming CSDA Annual Conference, General Manager's Summit, and Clerk of the Board 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 following meetings: Chamber of Commerce Legislative Committee, Water Advisory Committee of Orange County (WACO), Local Agency Formation Commission (LAFCO), Costa Mesa City Council, CMSD Board and ISDOC luncheon. Director Ooten reported on his attendance of the Chamber of Commerce breakfast. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 XVI. OLD BUSINESS 27. Special District Risk Management Authority (SDRMA) 2013 Board of Directors Election Recommendation: That the Board of Directors adopts Election Resolution No. 2013-837 for the selection of up to four (4) candidates to the SDRMA Board of Directors. General Manager Carroll introduced the item and noted that up to four candidates could be selected for election to the SDRMA 2013 Board of Directors. Vice President Scheafer recommended adoption of Resolution No. 2013-837 electing Muril Clift, Mike Scheafer, Tim Unruh and David Aranda to the SDRMA Board of Directors. Director Schafer moved for approval of Vice President Scheafer's recommendation. Director Ooten seconded the motion, which carried 5-0. XVII. NEW BUSINESS 28. CSDA Board of Directors Elections Recommendation: That the Board of Directors approves casting a ballot for Open Seat B of Region 6 for the California Special Districts Association Board of Directors. General Manager Carroll introduced the item. Vice President Scheafer moved to cast the ballot for Mr. Bill Nelson for the CSDA Board of Directors Open Seat B. Director Ooten seconded the motion, which carried 5-0. 29. Nomination of Director Schafer to the CSDA Finance Corporation Board Recommendation: That the Board of Directors approves Director Arlene Schafer to run for the open seat on the CSDA Finance Corporation Board. General Manager Carroll reported that all supporting documentation for all persons interested in applying for the open seat on the CSDA Finance Corporation Board needs to be submitted by July 15, which justified that this item be discussed at this time. Director Schafer noted that she had served on the CSDA Finance Corporation Board before and would like the opportunity to serve on the board again. Director Ooten moved to nominate Director Schafer to the CSDA Finance Corporation Board. Director Perry seconded the motion, which carried 5-0. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 27, 2013 XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Vice President Scheafer reported that the City of Costa Mesa 60th Anniversary events begin Friday, June 28 and discussed scavenging in his neighborhood. Director Ooten discussed the need for inspectors to provide identification when in the field conducting inspections, his receipt of a request for financial donation from a foundation, and requested that a discussion on the Board's health benefits be placed on an upcoming meeting agenda. Discussion followed regarding sponsorships and a policy to ensure that sponsorships tie into the function of the District. President Ferryman requested that the topic of sponsorships be placed on an upcoming meeting agenda for discussion. XIX. ADJOURNMENT President Ferryman adjourned the meeting at 8:10 p.m. to the next regular meeting of the Costa Mesa Sanitary District Board of Directors on July 25, 2013 at 5:30 p.m. in the District's Board Room, 628 W. 19th Street. Art Perry J. ► es Ferryman Secretary esident