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04 - Minutes Board of Directors 2013-09-26 DRAFT C OSTA M ESA S ANITARY D ISTRICT M INUTES OF B OARD OF D IRECTORS R EGULAR M EETING S EPTEMBER 26 , 2013 ______________________________________________________________________ I. C ALL TO O RDE R The Board of Directors of the Costa Mesa Sanitary District met in reg ul ar session on September 26 , 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 Vice President Scheafer led the Invocation. IV. R OLL C ALL D IRECTORS P RESENT : James Fe rryman, Mike Scheafer, Robert Ooten, Art Perry , Arlene Schafer D IRECTORS A BSENT : None S TAFF P RESENT : Scott Carroll, General Manager; Noelani Middenway, Deputy Clerk of the District; Robin B. Hamers, District Engineer; Colin Burns, Deputy Distr ict Counsel; Marc Davis , District Treasurer ; Stacey Cuevas, Finance Manager; O THERS P RESENT : Lawrence Jones, CR&R ; Jim Mosher, Resident ; Mary Fewel, Costa Mesa Community Foundation , Steve Cano, Resident V. C EREMONIAL M ATTERS AND P RESENTATIONS – None. VI. A NNOUNCEMENT OF L ATE C OMMUNICATIONS - General Manager Carroll indicated that Mr. Jim Mosher had submitted written public comments that were provided to the Board for review. VII. P UBLIC C OMMENTS ITEM NO. 04 C OSTA M ESA S ANITARY D ISTRICT P AGE 2 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ President Ferryman invited members of the public to address the Board. Seeing no one , President Ferryman closed public comments. VIII. C ONSENT C ALENDAR 1. Board of Directors Closed Session Minutes of August 19 , 2013 The Board of Directors Closed Session Minutes of August 19 , 201 3 , was approved as presented. 2. Board of Directors Study Session Minutes of August 20 , 2013 The Board of Directors Study Session Minutes of August 20 , 2013 , was approved as presented. 3. Board of Directors Regular Meeting Minutes of August 29, 2013 4. Occupancy report and payment to Costa Mesa Disposal 5. Contract Payment to CR Transfer for Recycling and Disposal Services The Board of Directors Regular Meeting Minutes of August 29, 2013, was approved as presented. The Board of Directors approved the occupancy report and payment to Costa Mesa Disposal for the month of August 2013. The Board of Directors approved payment to CR Transfer for recycling and disposal services for the month of August 2013. 6. Adoption of a Wa rrant Resolution No. CMSD 2014 -3 Approving District Warrant Registers The Board of Directors approved adoption of Warrant Resolution No. CMSD 2014 -3 Approving District Warrant Registers for the month of August in the amount of $676,670.04 . 7. Directors' Compensation and Reimbursement o f Expenses The Board of Directors approved Directors' compensation and reimbursement of expenses for the month of August 2013. 8. Investment Report The Board of Directors approved the Investment Report for the month of August 2013. E ND OF C ONSENT C ALE NDAR Director Ooten moved for approval of the Consent Calenda r . Vice Presiden t Scheafer seconded the motion, which carried 5 -0 C OSTA M ESA S ANITARY D ISTRICT P AGE 3 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ IX. P UBLIC H EARINGS – N ONE X. G ENERAL M ANAGER /D ISTRICT C LERK R EPORTS 9. Costa Mesa Community Foundation Sponsorship Recommendation: Th at the Board of Directors considers sponsorship levels for Concerts in the Park and determine how being a sponsor will serve the District’s purpose. General Manager Carroll noted that this item is being brought before the Board for a third time and reque sted direction from the Board in terms of what level of sponsorship, if any, that the Board would like to award. President Ferryman invited the representative from the Costa Mesa Community Foundation (CMCF) to address the Board. Director Ooten question ed Ms. Mary Fewel, CMCF President, how many sponsors CMCF has. Ms. Fewel responded between 12 -15 sponsors. Director Ooten expressed favor of supporting sponsorship of CMCF’s concerts in the park as it was a great opportunity for educating the public. Director Schafer expressed support and noted that it would be an opportunity for outreach. Director Perry questioned how many sponsors were of $1,000 or greater. Ms. Fewel responded that seventy -five percent of the sponsors were of $1,000 or greater. Discussion followed regarding the suggested level of sponsorship. Vice Pr esident Scheafer questioned if the sponsorship could be construed as being a gift of public funds. Mr. Burns confirmed that the Board’s consideration of being a sponsor has a pu blic education purpose; therefore, it would not be considered a gift of public funds. Discussion followed regarding sponsorship levels, the District’s opportunity to provide public education throughout the entire concert series, and staff’s ability to su pport the event. Director Ooten moved to approve being a sponsor at the $2,500 level. Vice President Scheafer seconded the motion, which carried 5 -0. C OSTA M ESA S ANITARY D ISTRICT P AGE 4 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ Director Perry requested that staff have all materials needed. Vice President Scheafer volunteered his assistance to staff the booth. There were no additional questions or answers and the report was received and filed. 10. Permit Technician Position Recommendation: That the Board of Directors approves the revised job description. General Manager Carroll introduced the item and noted that, per the Boards direction, the Permit Technician job description had been amended to include the ability to review and make California Environmental Quality Act (CEQA) findings. Mr. Carroll noted that the District Enginee r would review the reports to ensure that the CEQA findings were correct. District Engineer, Mr. Rob Hamers, indicated that he has replied to all CEQA related questions that have been posed to the District and has been successfully complying with the CEQ A process. Director Perry questioned Mr. Hamers as to how many CEQA responses have been completed over the past couple of years. Mr. Hamers indicated that a half dozen a year have been completed and have increased lately . Director Schafer questioned M r. Hamers if cross training with the City of Costa Mesa staff would be helpful to District staff. Mr. Hamers felt that training would be essential; however, the City has different CEQA requirements as the City is a lead agency where the District is a rea cting agency. Director Perry moved to approve the Permit Technician position as presented. Director Schafer seconded the motion, which carried 5 -0. 11. California Environmental Quality Act (CEQA) Guidelines Recommendation: That the Board of Directors appr oves Resolution No . 2013 -843 adopting CEQA Guidelines and directing staff to implement guideline procedures. General Manager Carroll noted that the Board has identified the Permit Technician to be responsible to make CEQA findings and recommended that th e Board approve Resolution No. 2013 -843 adopting the CEQA Guidelines. C OSTA M ESA S ANITARY D ISTRICT P AGE 5 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ Director Perry moved approval of the recommendation. President Ferryman invited Mr. Jim Mosher to comment on the item. Mr. Mosher addressed the Board and provided comment regarding the CEQA guidelines and suggested that state guidelines be explained in better detail in the CEQA guideline definitions. Director Perry moved to approve the CEQA guidelines as presented with the addition of an explanation of the state guidelines in the C EQA guideline definitions. Vice President Scheafer seconded the motion, which carried 5 -0. 1 2 . Revised Standby Policy Recommendation: That the Board of Directors authorize the General Manager to approve the revised Standby Policy and appropriate the add itional funding for the new schedule. Ms. Anna Sanchez, Administrative Service Manager, provided report details and noted that the standby policy had been revised to equalize the amount of work among the field staff and allow the field staff to participa te in a Monday through Monday standby schedule. Staff is recommending that the $50 per day compensation continue for the revised standby schedule. Director Perry expressed support of the revised policy. Discussion followed regarding the responsibility of scheduling of staff to be placed on the standby schedule . Vice President Scheafer felt that the revised policy is fair. Discussion followed regarding the need for field staff to take a District vehicle home while they are on standby. Director Scha fer moved to approve the revised standby policy. Director Ooten seconded the motion. Director Perry asked if C&R Drains would continue to be the first point of contact after hours. The motion carried 5 -0. 1 3 . Rewarding Ideas Recommendation: That the Board of Directors approves rewarding the following employees for their ideas: C OSTA M ESA S ANITARY D ISTRICT P AGE 6 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ 1. Anna Sanchez, $850 for saving $4,250.11 on copy machines. 2. Dyana Wick $264 for enhancing revenues by increasing the penalty fees for issuing late sewer permits. General Mana ger Carroll introduced the item and noted that two rewarding ideas are being recommended for approval. Mr. Carroll noted that the rewarding idea submission for Ms. Sanchez was discussed at the August 29 Board meeting and received a 2 -2 vote and the Board r equested that it be brought back to this meeting for full board discussion. Mr. Carroll also noted that Ms. Dyana Wick is recommended an award for enhancing revenues by increasing penalty fees to plumbers who continually violate the Sewer Lateral Assistanc e Program (SLAP) procedures. Director Ooten moved for approval. Vice President Scheafer seconded the motion. Director Perry indicated that he could not support awarding $850 to Ms. Sanchez and felt that her rewarding idea was part of her job descriptio n. Director Ooten expressed opposition of awarding Ms. Sanchez the amount of $850 even though he had made the motion to approve the recommendation. Director Ooten felt that the job descriptions for managers should state that they are responsible for effi ciency and effectiveness of programs. Director Schafer expressed support of the rewarding ideas program and felt that a set dollar amount for rewards would be appropriate. Vice President Scheafer felt that the Board needs to show consistency in followi ng the rewards program policy . Discussion followed regarding the rewarding ideas program at the Orange County Sanitation District (OCSD) and State Farm, and calculations based on an annual savings to determine award amounts . District Treasurer, Mr. Mar c Davis, indicated that the suggested annual savings for Ms. Sanchez’s rewarding idea would be less than what was stated due to the cost of operating the copy machine that will be transferred to the District yard. The motion carried, 3 -2, with Directors Perry and Schafer opposed. 1 4 . Rewarding Ideas Program Revision Recommendation: That the Board of Directors considers revising the program. General Manager Carroll introduced the item and recommended the positions of General Manager, Administrative Ser vice Manager, and Finance Manager be excluded from the revised Rewarding Ideas Program as those three positions C OSTA M ESA S ANITARY D ISTRICT P AGE 7 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ monitor the program. Director Ooten noted that was the intent of his recommendation and felt that the revisions were appropriate. Director P erry moved to approve the recommendation. Vice President Scheafer seconded the motion. Vice President Scheafer expressed appreciation of the revised policy and encouraged the managers to continue to present ideas. The motion carried, 5 -0. 15. Ad Hoc Committee for CMSD’s 70 th Anniversary – Oral Report Recommendation: That the Board of Directors considers establishing a temporary Ad Hoc Committee to discuss plans for CMSD’s 70 th Anniversary. President Ferryman introduced the item and noted that Direc tors Perry and Schafer expressed interest in serving on the CMSD 70 th Anniversary. Vice President Scheafer supported the recommendation. Discussion followed. President Ferryman appointed Directors Perry and Schafer to serve on the CMSD 70 th Ad Hoc Co mmittee. XII. ENGINEER’S REPORTS 1 6 . Project Status Report Recommendation: That the Board of Directors receive and file the report. District Engineer Hamers introduced the item and welcomed questions from the Board. Discussion followed regardi ng the size of the printed reports. There were no additional questions or comments. Vice President Scheafer requested a five minute recess. President Ferryman recessed the meeting at 6:18 p.m. President Ferryman reconvened the meeting at 6:23 p.m. C OSTA M ESA S ANITARY D ISTRICT P AGE 8 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ______________________________________________________________________ 17 . Project #196 – Permanent Emerg ency Equipment at Critical Pump Stations Recommendation: That the Board of Directors receive and file the report . General Manager Carroll introduced the item and provided background of the installation of the pe rmanent bypass pumps at six critical pump stations and discussed challenges for installing a bypass generator at the Irvine pump station. Mr. Carroll discussed alternative suggested locations for the bypass generator to be placed as well as alternative typ es of generators. Discussion followed regarding the eminent domain process, the possibility of placing the generator in the slope, and possibility of vandalism of the generator s . General Manager Carroll indicated that the timeline of completion could be another year. Director Ooten recommended that smart covers be placed on all critical pump stations. District Engineer Hamers discussed the agreement with the Canyon pumping station, and addressed the status of the Mendoza, Elden, and Victoria pumpi ng station housing units. Director Perry asked if a payment needed to be made to the property owners of where the Canyon pumping station is located. Mr. Hamers indicated that a $5,000 and $3,000 lease payment ha d been negotiated for five years. 18. Project #200 – Rehabilitation of Four Force Mains Recommendation: That the Board of Directors approves the following: 1. Alternative IV for rehabilitating Harbor, Mendoza, South Coast Plaza and Victoria force mains. 2. Transfer $180,868 from the As set Management Fund to fund the entire proposed project. Mr. Hamers noted that the project number is 200, not 201, and discussed the recommendation of not performing an electromagnetic sensor analysis of the force mains and to rehabilitate or r eplace the four force mains. Discussion followed regarding the use of plastic versus metal and the process to replace the full force main. 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 S EPTEMBER 26 , 2013 ______________________________________________________________________ Director Ooten moved to approve the recommendation. Vice President Scheafer seconded the motion, which carried 5 -0. Discussion followed regarding the need to appropriate additional funds for the project. General Manager Carroll noted that the appropriation of funds was part of the recommendation and the Board has approved the transfer of $180,868 to fund the proje ct. XI I. TREASURER’S REPORTS – None XI II . ATTORNEY’S REPORTS - None X I V. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) – (Director Ooten ) Recommendation: That the Board of Directors accepts oral report. President Ferryman repo rted on his attendance of the OCSD meeting and noted that OCSD is refinancing District revenue anticipation notes and discussed union negotiations that will be going to impasse. B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. President Ferryman reported on his attendance of the SARFPA meeting and noted that a delay in the anticipated finish date. President Ferryman requested that a proclamation be prepared in h onor of Mr. Jim Wa h ner for his years of service on the SARFPA Board. C. Independent Special Districts of Orange County (ISDOC) – (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheaf er reported on the ISDOC Bylaws and the discrepancy of whether or not an appointed official can serve on the Board. D. California Special Districts Association (CSDA) Recommendation: That the Board of Directors accepts oral report. Director Perry reque sted confirmation that Ms. Middenway had received his ethics training certificate of completion. Director Perry reported on his 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 S EPTEMBER 26 , 2013 ____________________________________________________________________________ attendance of a Conflict of Interest workshop. Vice President Scheafer congratulated General Manager Carroll and the Distr ict on the awards received at the conference. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. Director Perry reported that Midway City received the award for organizational excell ence. 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, Chamber Legislative meeting, Vista Irrigation District meeting, the Board of Directors closed session, study session, and CASA meeting. XVI. OLD BUSINESS - None XVII. NEW BUSINESS 19. Nomination of Director Arlene Schafer to run for Region 6 of the CSDA B oard of Directors – Oral Report Recommendation: That the Board of Directors consider and approve the nomination of Director Arlene Schafer to run for Region 6 of the CSDA Board of Directors. Vice President Scheafer moved to approve the recommendati on. Director Perry seconded the motion, which carried 5 -0. XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Ooten requested an update at a future study session on the negotiations for local sewers to be transferred to the local agencies. X IX. CLOSED SESSION 20. August 31, 2013 Sanitary Sewer Overflows – Oral Report To discuss anticipated litigation in the matter of the Back Bay spill occurring on or about August 31, 2013, and any attempt to levy administrative fines arising therefrom p ursuant to Government Code Section 54956.9(b). C OSTA M ESA S ANITARY D ISTRICT P AGE 11 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD S EPTEMBER 26 , 2013 ____________________________________________________________________________ President Ferryman invited Mr. Mosher to address the Board. Mr. Mosher provided public comment and suggested that this item should be discussed in open session and that any dispute between two public agenc ies should be discussed in a public meeting. General Manager Carroll indicated that this item was discussed at a Liaison Committee meeting and at the special meeting with Assemblyman Mansoor and noted that both meetings were noticed public meetings. Th ere were no additional questions or comments. President Ferryman recessed the meeting at 7:08 p.m. President Ferryman reconvened to closed session at 7:10 p.m. President Ferryman reconvened to open session at 7:32 p.m. and indicated that no reportable action had been taken during the closed session. XX. ADJOURNMENT There being no further business to come before the Board of Directors, President Ferryman adjourned the meeting at 7:34 p.m. THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON OCTOBER 24 , 2013 AT 5:30 P.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19 TH STREET. _________________________ _________________________ Art Perry James Ferryman Secr etary President