Minutes - Board - 2016-09-22 SAN1
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 22, 2016
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns
(District Counsel), Robin Hamers (District Engineer), Wendy Davis (Finance Manager),
Marc Davis (District Treasurer), Elizabeth Pham (Management Analyst II)
Others present
Dean Ruffridge (CR&R), David Vazquez (Vanguard University)
Meeting called to order at 5:30 P.M.
A. OPENING ITEMS
Procedural: 1. Pledge of Allegiance
Vice President Perry led the Pledge of Allegiance.
Procedural: 2. Invocation
President Scheafer offered the invocation.
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 22, 2016
Procedural: 3. Roll Call
All members of the Board of Directors present.
Procedural: 4. Ceremonial Matters and Presentations
Nothing at this time.
Procedural: 5. Announcement of Late Communications
General Manager, Scott Carroll, noted late communications received from resident, Jim
Mosher, and noted that comments will be offered at the time the items are discussed.
Procedural: 6. Public Comments
President Scheafer opened public comments. Seeing no one, President Scheafer
closed public comments.
B. CONSENT CALENDAR
Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approve the Consent Calendar as
presented.
President Scheafer pulled Item No. 6 from the Consent Calendar for
discussion. Elizabeth Pham, Management Analyst II, provided a correction of the
contract payment amount. There were no further questions or discussion.
Motion: To approve the Consent Calendar as presented.
Motion by Jim Ferryman, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
C. PUBLIC HEARINGS
None at this time.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 22, 2016
D. GENERAL MANAGER'S REPORTS
Action: 2. Contribution Program - Vanguard University Christmas Fantasia
Recommendation: That the Board of Directors considers making a contribution to this
event for $2,500.00 with the interest of advancing the District's purpose.
Mr. Carroll requested to bring Item 2 to the Board of Directors before Item 1. President
Scheafer indicated that Mr. Carroll could proceed with Item 2. Mr. Carroll provided
report details regarding Vanguard University's Christmas Fantasia event. Additionally,
Mr. Carroll shared Mr. Mosher's comments regarding the District's budget for event
contributions and his concern about contributing to organizations that have a religious
affiliation. District Counsel, Alan Burns, presented information obtained about the event.
David Vazquez of Vanguard University provided information about the university and
the event. Discussion followed regarding the proposed contribution level and additional
benefits. There were no further questions or discussion.
Motion: To make a contribution to this event for$2,500.00.
Motion by Bob Ooten, second by Arlene Schafer.
Final Resolution: Motion Carries 4-1
Aye: Arlene Schafer, Bob Ooten, Jim Ferryman, Mike Scheafer
No: Art Perry
Action: 1. Election of Independent Special District of Orange County (ISDOC)
Officers
Recommendation: That the Board of Directors direct President Michael Scheafer to vote
for ISDOC officers on behalf of the District.
Mr. Carroll presented the recommendation to authorize President Scheafer to vote for
ISDOC officers on behalf of the District. There were no furthers questions or discussion.
Motion: To direct President Michael Scheafer to vote for ISDOC officers on behalf of the
District.
Motion by Art Perry, second by Bob Ooten.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 22, 2016
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Discussion followed regarding the ISDOC candidates. The Board of Directors directed
President Scheafer to vote for the following candidates: Michael Scheafer for President,
Arlene Schafer for First Vice President, Doug Davert for Second Vice President, and
Mary Aileen for Third Vice President. There was no further discussion.
Action: 3. Reschedule October 11 Study Session and October 27 Board of
Directors Meeting
Recommendation: That the Board of Directors considers rescheduling the October 11
Study Session and October 27 Board of Directors Meetings.
Mr. Carroll presented the recommendation that the the October Study Session and
Regular Board Meeting be rescheduled. Discussion followed regarding scheduling and
availability. There were no further questions or discussion. The Board of Directors
directed staff to reschedule the Study Session to October 5 at 9:30 A.M. and the Board
of Directors Meeting to October 18 at 5:30 P.M.
E. ENGINEER'S REPORTS
Action: 1. #200-C - South Coast Plaza Pump Station Force Main Replacement Bid
Opening and Award of Contract -Staff Report
Recommendation: Award a contract to GCI Construction, Inc., in the amount of
$412,482 and approve a contingency of 10% in the amount of$41,248.
District Engineer, Rob Hamers, presented report details. There were no further
questions or discussion.
Motion: To award a contract to GCI Construction, Inc., in the amount of$412,482 and
approve a contingency of 10% in the amount of$41,248.
Motion by Bob Ooten, second by Art Perry.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 22, 2016
Receive and File: 2. Conflict of Interest- 131 Virginia Place, Costa Mesa
Recommendation: That the Board of Directors receive and file the report.
Mr. Hamers presented the report. There were no further questions or discussion and the
report was received.
Receive and File: 3. Project Status Report
Recommendation: That the Board of Directors receive and file the report.
Mr. Hamers presented report details. Discussion followed regarding traffic concerns in
relation to upcoming projects. There were no further questions or discussion and the
report was received.
F. TREASURER'S REPORTS
None at this time.
G. ATTORNEY'S REPORTS
None at this time.
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement of
any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
day's service rendered as a Director at the request of the Board (not to exceed six days
in one month), and certain meetings are specified as being eligible as set forth in District
Operations Code § 3.01.030. For meetings not so listed, the Board must approve the
service for it to be eligible for the per day compensation.
Information: 1. Orange County Sanitation District (OCSD) - (Director Ferryman)
Director Ferryman provided an overview of the OCSD meeting.
Information: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Vice
President Perry)
Vice President Perry and Director Ferryman provided updates regarding the SARFPA
meeting.
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 22, 2016
Information: 3. Independent Special Districts of Orange County (ISDOC) - (President
Scheafer)
President Scheafer provided an overview of the ISDOC meeting.
Information: 4. California Special Districts Association (CSDA) - (Assistant Secretary
Schafer)
Assistant Secretary Schafer provided an overview of the CSDA meeting and the
upcoming CSDA Annual Conference.
Information: 5. Special District Risk Management Authority (SDRMA) - (President
Scheafer)
President Scheafer provided an overview of the SDRMA meeting.
Information: 6. Other Meetings Qualifyinq for Reimbursement under CMSD Ordinance
No. 55, Operations Code Section 3.01.030
Vice President Perry noted that he and rest of the Board of Directors attended the
Water Advisory Committee of Orange County (WACO) meeting.
I. OLD BUSINESS
None at this time.
J. NEW BUSINESS
Action, Receive and File: 1. Costa Mesa Public Safety Recognition Barbeque -
Sponsorship
Assistant Secretary suggested providing CMSD promotional items for the event. There
were no further questions or discussion. The Board of Directors directed staff to bring
two bags of promotional items to the Chamber of Commerce for the Costa Mesa Public
Safety Recognition Barbeque.
K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
None at this time.
COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 22, 2016
L. ADJOURN TO CLOSED SESSION
Receive and File: 1. Conference with Legal Counsel - Existing Litigation (Government
Code Section 54956.9(d)(1))
1. Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board (OC
Sup Ct# 30-2016-0084260 CU-CM-CJC)
2. Costa Mesa Sanitary District v. The State of California, acting through its Department
of Transportation (Caltrans) (OC Sup Ct #30-2016-00867168-CU-EI-CXC)
3. Scheafer v. Mesa Water District
President Scheafer adjourned to closed session at 6:30 P.M.
M. RECONVENE TO OPEN SESSION
President Scheafer reconvened to open session at 6:41 P.M. He noted that the Board of
Directors authorized dismissing Coastkeeper from any further action in exchange for
mutual release with a 5-0 vote.
N. CLOSING ITEMS
Procedural: 1. Adjourn
President Scheafer adjourned the meeting at 6:42 P.M.
A-tai}‘ oZtLit ,
Robert Ooten Mi' ael Sche.fer
Secretary President