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Minutes - Board - 2017-11-30 A:--1-041-14-,,,\ �` _ Q\ w it COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 30,2017 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), Wendy Davis (Finance Manager), Marc Davis (District Treasurer), Robin Hamers (District Engineer), Gina Terraneo (Management Analyst I) Others present Louis Casiano (Orange County Register), Luke Money (Daily Pilot), Jim Mosher (resident) Meeting called to order at 5:32 P.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 5:32 P.M. Procedural: 2. Pledge of Allegiance President Scheafer led the pledge of allegiance. Procedural: 3. Invocation President Scheafer led the invocation. Procedural: 4. Roll Call COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30,2017 District Clerk, Noelani Middenway, conducted roll call. All Board Members were present, except for Vice President Jim Ferryman. President Scheafer noted that Vice President Ferryman may be in transit to the meeting. Procedural: 5. Ceremonial Matters and Presentations None at this time. Procedural: 6. Announcement of Late Communications None at this time. Procedural: 7. Public Comments President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. District Counsel, Alan Burns, recommended that President Scheafer make a statement regarding the Special Meeting. President Scheafer announced that the Special Meeting that was initially scheduled for 5:30 P.M. would be continued to take place at the end of the Regular Meeting. Director Perry exited the meeting at 5:34 P.M. B. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent): 2. Approve the Board of Directors Study Session Meeting Minutes of October 10, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 3. Approve the Board of Directors Regular Meeting Minutes of October 26, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Approve the Directors' Compensation and Reimbursement of Expenses COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2017 Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 5. Approve Payroll Transparency Disclosure for October 2017 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 6. Receive and file CCTV (Closed Circuit TV) Program Report Recommendation: That the Board of Directors receive and file the report. Action (Consent): 7. Adopt Warrant Resolution No. CMSD 2018-5 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2018-5 approving District warrants for the month of October 2017 in the amount of $319,247.25. Action (Consent): 8. Accept the occupancy count as presented as 22,518 and direct staff to prepare a warrant to CR&R Environmental Services for $220,572.82 for October 2017 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of$220,572.82 to be ratified in the November 2017 warrant list. Action (Consent): 9. Approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for October 2017 recycling and disposal services in the November 2017 warrant register Recommendation: That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for October 2017 recycling and disposal services to be ratified in the November 2017 warrant register. Action (Consent): 10. Approve Investment Report for the Month of October 2017 Recommendation: That the Board of Directors approve the Investment Report for the month of October 2017. Action (Consent): 11. Roger Faubel Public Affairs, Inc. - Consider Approving Third Amendment to Agreement Recommendation: That the Board of Directors considers approving a third amendment to agreement with Roger Faubel Public Affairs, Inc. Motion: That the Board of Directors approve the Consent Calendar as presented. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 3-0-2 Aye: Arlene Schafer, Bob Ooten, Mike Scheafer Not Present at Vote: Art Perry, Jim Ferryman COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30,2017 Director Perry re-entered the meeting at 5:35 P.M. There were no questions or discussion. C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS Action: 1. Consider Appropriating $147,800 for Yard Expansion Improvements Recommendation: That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project#317 to the District Yard Expansion Project#325. General Manager, Scott Carroll, requested that Item E3 be presented prior to discussion and consideration of Item Dl. President Scheafer invited District Engineer, Robin Hamers, to present Item E3. E. ENGINEER'S REPORTS Receive and File: 3. District Yard Expansion Update - Oral Report Recommendation: That the Board of Directors receive and file the report. District Engineer, Robin Hamers, shared images of the District Yard in its current state. Additionally, he explained the proposed expansion project, which includes the extension of the perimeter wall, relocation of the fuel tank and parking lot light, and installation of a rolling gate at the property entrance on Fairview Road. Director Perry asked how far the perimeter wall would be set back from the street. Mr. Hamers indicated the location of the wall on the projected image. Discussion followed regarding the project plans and the proposed landscaping. i Secretary Schafer asked where the District's emergency equipment would be stored. Mr. Hamers noted that the emergency equipment would be stored inside the existing building at 2252 Fairview Road. He noted that the District considered adding a fire hydrant to the property, but it was determined that the additional COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2017 cost of$30,000 was too high. He added that the engineer's estimate for the project, excluding the fire hydrant, is approximately $100,000. President Scheafer inquired about the condition of the surface of the property at 2252 Fairview Road. Mr. Hamers responded that the surface is asphalt. He presented the engineering plans for the project. Discussion followed regarding the project plans. Mr. Hamers noted that the plans have been approved by the City of Costa Mesa, that the project is currently out to bid, and that the bid opening will take place in a few weeks. He added that staff is requesting the funding for the project tonight. Director Perry asked if Mr. Hamers recommended adding in the fire hydrant at this time. Mr. Hamers noted that the fire hydrant can be added later. He explained that the project bids will be totaled without the cost of the fire hydrant and that the project will be awarded on this basis. He added that staff will then decide if there are sufficient funds to include the fire hydrant. Discussion followed regarding the purpose and potential use of the fire hydrant. Assistant Secretary Ooten commented that the fire hydrant should not be included in the project at this time. There were no further questions or discussion and the report was received. D. GENERAL MANAGER'S REPORTS Action: 1. Consider Appropriating $147,800 for Yard Expansion Improvements (continuation) Recommendation: That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project#317 to the District Yard Expansion Project#325. General Manager, Scott Carroll, requested that the Board of Directors consider the recommendation to appropriate funds for Project #317, which includes all project costs except for the addition of a fire hydrant. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2017 Motion: That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project #317 to the District Yard Expansion Project#325. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 4-0-1 Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer Not Present at Vote: Jim Ferryman Director Perry asked when Hitch Crafters will be vacating the property at 2252 Fairview Road. Mr. Carroll responded that they will vacate on December 31, 2017. There were no further questions or discussion. Action: 2. Consider Partnering with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population and consider approving appropriating $21,500 for the pilot program. Recommendation: That the Board of Directors approve the following: 1. Partner with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population; and 2. Appropriate $21,500 for the pilot program in the Wastewater Fund Contract Services. General Manager, Scott Carroll, presented additional research that staff gathered regarding the proposed Mobile Restroom Program and noted that the cost for the District's share of the pilot program has decreased to $21,500. Vice President Ferryman entered the meeting at 5:54 P.M. Mr. Carroll noted that staff corresponded with cities that have implemented similar mobile restroom programs, including the cities of Miami, San Francisco, Sacramento, and Denver. He shared the feedback provided by these cities and noted that the restrooms must be compliant with the Americans with Disabilities Act (ADA). Mr. Carroll recommended that the Board of Directors partner with the City of Costa Mesa to implement a six month pilot program to gather data and gage the community's response to the mobile restrooms. He added that restroom attendants would be integral to the success of the program and that the Network for Homeless Solutions may be able to provide a source for staffing. President Scheafer verified that the Newport-Mesa Unified School District and Mesa Water District have indicated support for the program, but that they have declined to assist in funding the program. Additionally, President Scheafer asked if the mobile restrooms would be gender neutral and if the restroom attendants would monitor the length of use. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2017 Mr. Carroll confirmed that the restrooms would be gender neutral and that attendants would monitor the length of use. Additional discussion followed regarding the use of a generator to power the restrooms, the restroom hours, and the possibility of grant funding. Secretary Schafer asked if the Costa Mesa City Council is scheduled to discuss the program. Mr. Carroll noted that he would reach out to Councilman John Stephens to find out when it will be brought to the City Council. Secretary Schafer confirmed that implementation of the program is contingent upon the City of Costa Mesa's participation. She indicated support of the program. Director Perry asked if the proposed cost includes a single restroom trailer, if the trailer would be moved daily, and whether or not City staff is aware of the pilot program cost. Mr. Carroll responded that the proposed cost includes a single restroom trailer. Additionally, he noted that the trailer would be taken to the City or District Yard daily for service and that he informed City Manager, Tom Hatch, of the cost. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. Motion: That the Board of Directors approve the following: 1. Partner with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population; and 2. Appropriate $21,500 for the pilot program in the Wastewater Fund Contract Services. Motion by Arlene Schafer, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer President Scheafer congratulated Vice President Ferryman for bringing the idea for this program to the Board of Directors for discussion. Vice President Ferryman commented that this action is a first step. There were no further questions or discussion. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2017 E. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File Capital Improvement Projects Status Report Recommendation: The Board of Directors receive and file this report. Mr. Hamers presented the Capital Improvement Projects Status Report and noted that the President Force Main project is in progress. There were no questions or comments and the report was received. Receive and File: 2. Receive and File District Engineer's Conflict of Interest for 148 E. 22nd Street, Costa Mesa Recommendation: The Board of Directors receive and file this report. Mr. Hamers presented a Declaration of Conflict of Interest for a project at 148 E. 22nd Street, Costa Mesa. There were no questions or comments 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. 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Vice President Ferryman noted that there was nothing of major significance to report. President Scheafer provided positive comments about the OCSD State of the District. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2017 Director Perry noted that OCSD's mission statement is similar to the District's. 2. Santa Ana River Flood Protection Agency(SARFPA) - (Director Perry) Director Perry provided updates regarding the Santa Ana River Mainstem and Westminster Watershed Studyand the East Garden Grove WintersburgChannel. 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer noted that ISDOC is considering reducing their member dues and that there was ongoing discussion about ISDOC's non-profit status. He added that a representative from the Orange County Local Agency Formation Commission (OCLAFCO) may speak at the ISDOC meeting on January 25, 2018. 4. California Special Districts Association (CSDA) - (Secretary Schafer) SecretarySchafer shared that she attended a tour of Orange Countyagencies, 9 including Orange County Water District's Groundwater Replenishment System, Orange County Cemetery District, and Orange County Vector Control. Additionally, she noted that she is now the Professional Development Committee Chair for CSDA. Director Perry asked that public comments be opened for Jim Mosher, a resident, to speak if he wished to speak. President Scheafer agreed to take public comments after the conclusion of local meeting updates. 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer noted that there was nothing to report other than the retirement of Director Muril Clift. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Assistant Secretary Ooten noted that he attended the Water Advisory Committee of Orange County (WACO) meeting. He added that Kevin Hardy was named the new Executive Director of the National Water Research Institute. I. OLD BUSINESS None at this time. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30,2017 J. NEW BUSINESS None at this time. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments President Scheafer asked if this would be Finance Manager, Wendy Davis', final meeting. Ms. Davis responded that she would be present at the December Board of Directors meeting. Assistant Secretary Ooten requested that this meeting be adjourned in the memory of Brad Long, a City of Costa Mesa employee that recently passed away. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. L. ADJOURN TO CLOSED SESSION Discussion: 1. Conference with Legal Counsel - Existing Litigation Government Code §54956.9(d)(1) - 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC - 2. The Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board; Court of Appeal State of Calif. Fourth Appellate District, Division Three, No. G055278 President Scheafer adjourned the meeting to closed session at 6:19 P.M. to confer with legal counsel regarding existing litigation according to Government Code §54956.9(d)(1) for the following: 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC - 2. The Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board; Court of Appeal State of Calif. Fourth Appellate District, Division Three, No. G055278. M. RECONVENE TO OPEN SESSION President Scheafer reconvened the meeting to open session at 6:51 P.M. He noted there was nothing to report and no action taken on the closed session items. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30,2017 N. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting in memory of Brad Long of the City of Costa Mesa at 6:51 P.M. n Arlene Schafer Mic 'ael Scheaf:'r Secretary President