Minutes - Board - 2018-12-20COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
DECEMBER 20, 2018
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Alan Burns (District Counsel), Marc Davis (District
Treasurer), Noelani Middenway (District Clerk), Kaitlin Tran (Senior Accountant), Dyana
Bojarski (Management Analyst II), Gina Terraneo (Management Analyst II)
Others present
Laura Kalty (Liebert Cassidy Whitmore), Jim Mosher (resident)
Meeting called to order at 5:31 P.M.
A. OPENING ITEMS
Procedural: 1. Call to Order - President Scheafer
President Scheafer called the meeting to order at 5:31 P.M.
r
Procedural: 2. Pledge of Allegiance - President Scheafer
President Scheafer led the Pledge of Allegiance.
Procedural: 3. Invocation - Vice President Ferryman
Vice President Ferryman led the Invocation.
Procedural: 4. Roll Call - (If absences occur, consider whether to deem those absences
excused based on facts presented for the absence — such determination shall be the
permission required by law.)
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District Clerk, Noelani Middenway, conducted roll call and noted that all Board
Members were present.
Procedural: 5. Announcement of Late Communications - Unless directed otherwise by
the Board of Directors, all actions shall be based on/memorialized by the latest
document submitted as a late communication.
General Manager, Scott Carroll, shared that Jim Mosher, a resident, provided
comments via e-mail and copies of these comments were provided to the Board
of Directors and to the public. He noted that District staff responded to Mr.
Mosher's comments regarding the minutes and Item D5 on tonight's agenda. Mr.
Carroll added that District Counsel, Alan Burns, will address Mr. Mosher's
comments regarding Items G1 and G2 during that portion of tonight's meeting.
Procedural: 6. Ceremonial Matters and Presentations
President Scheafer presented lapel pins to recognize Secretary Schafer's, Vice
President Ferryman's, and his own years of service to the District. He noted that
they each have 20 years, 30 years, and 10 years of service respectively.
Vice President Ferryman presented a plaque to President Scheafer for his
leadership during his 4 year tenure as President of the Board of Directors.
B. Public Comments
Procedural: 1. Public Comments
President Scheafer opened public comments. Seeing no one wishing to speak,
he closed public comments.
C. CONSENT CALENDAR
Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approve the Consent Calendar as
presented.
Action (Consent), Minutes: 2. Approve the Board of Directors Study Session
Minutes of November 13, 2018
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent), Minutes: 3. Approve the Board of Directors Special Meeting
Minutes of November 26, 2018
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
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Action (Consent), Minutes: 4. Approve the Board of Directors Regular Meeting
Minutes of November 29, 2018
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent): 5. Approve the Directors' Compensation and Reimbursement of
Expenses
Recommendation: That the Board of Directors approve the compensation and
reimbursement of expenses as presented.
Action (Consent): 6. Approve the preparation of a warrant to CR Transfer in the
amount of $205,120.47 for November 2018 recycling and disposal services in the
December 2018 warrant register
Recommendation: That the Board of Directors approves the preparation of a warrant to
CR Transfer in the amount of $205,120.47 for November 2018 recycling and disposal
services to be ratified in the December 2018 warrant register.
Action (Consent): 7. Accept the occupancy count as presented as 22,702 and direct
staff to prepare a warrant to CR&R Environmental Services for $222,375.17 for
November 2018 collection
Recommendation: That the Board of Directors accept the occupancy count as
presented using 22,702 as the correct number of active units and direct staff to prepare
a warrant to CR&R Environmental Services for November 2018 collection based on this
occupancy report so long as the contractor fulfills the obligations of the agreement in the
amount of $222,375.71 to be ratified in the December 2018 warrant list.
Action (Consent): 8. Adopt Warrant Resolution No. CMSD 2019-6 Approving
District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD
2019-6 approving District warrants for the month of November 2018 in the amount of
$801,310.18.
Action (Consent): 9. Approve and file the Payroll Transparency Disclosure for
November 2018
Recommendation: That the Board of Directors approve and file the report.
Action (Consent): 10. Approve the Investment Report for the Month of November
2018
Recommendation: That the Board of Directors approve the Investment Report for the
month of November 2018.
Assistant Secretary Ooten commented that he thought Item C5 was not
complete. He requested that staff look into this.
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President Scheafer concurred and noted that both attachments for the item were
the same.
Motion: To approve the Consent Calendar as presented.
Motion by Arlene Schafer, second by Jim Ferryman.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further comments or discussion.
D. GENERAL MANAGER'S REPORTS
Receive and File: 1. Receive and file the 2019 Certified Election Results
Recommendation: That the Board of Directors receive and file this report.
Ms. Middenway presented the 2019 certified election results for Directors
Scheafer, Schafer, and Ooten. She congratulated the Directors and noted that
this item is meant to be received and filed.
President Scheafer asked when the Directors will receive their checks for their
candidate statements.
Director Perry commented that it may take a couple of months.
There was no further discussion and the report was received.
Action: 2. Board of Directors Nominations and Appointments
Recommendation: That the Board of Directors considers appointing new officers of the
Board, as well as appointing Board members to represent the District on local, regional,
and statewide committees and organizations.
Ms. Middenway noted that per the District's operations code, it is now an
appropriate time for the Board of Directors to nominate and appoint officers.
Motion: To nominate and appoint Jim Ferryman as President.
Motion by Arlene Schafer, second by Art Perry.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Motion: To nominate and appoint Bob Ooten as Vice President.
Motion by Mike Scheafer, second by Art Perry.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Motion: To nominate and appoint Arlene Schafer as Secretary.
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Motion by Jim Ferryman, second by Mike Scheafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Director Perry verified that the District eliminated the position of Assistant
Secretary.
Director Scheafer passed the gavel to President Ferryman and they agreed to
switch seats at the next meeting.
Ms. Middenway noted that appointments should be made for the District's
representatives and alternates on the Orange County Sanitation District (OCSD)
Board of Directors and the Santa Ana River Flood Protection Agency (SARFPA)
Committee Members.
Motion: To nominate and appoint Jim Ferryman as the District's representative
on the OCSD Board of Directors.
Motion by Art Perry, second by Mike Scheafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Motion: To nominate and appoint Bob Ooten as the District's alternate
representative on the OCSD Board of Directors.
Motion by Art Perry, second by Jim Ferryman.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Motion: To nominate and appoint Art Perry as the District's representative on the
SARFPA Committee.
Motion by Jim Ferryman, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Motion: To nominate and appoint Jim Ferryman as the District's alternate
representative on the SARFPA Committee.
Motion by Mike Scheafer, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no questions or discussion.
Action: 3. Consider Approving the Costa Mesa Sanitary District 2019 Meeting and
Office Closure Calendar
Recommendation: That the Board of Directors approve the Costa Mesa Sanitary District
2019 Meeting and Office Closure Calendar as presented.
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Ms. Middenway presented the 2019 Meeting and Office Closure Calendar, which
includes Study Sessions, Regular Board Meetings, Liaison Committee Meetings,
and Citizens Advisory Committee (CAC) Meetings. She noted that the calendar
only includes the first CAC meeting of the year, because the CAC will be
considering changing its meeting schedule from monthly to quarterly meetings.
Ms. Middenway added that she will provide an updated calendar to reflect the
CAC's decision. Lastly, she noted that the Board Meetings in September,
November, and December have been moved from the 4th Thursday of the month
to the 3rd Thursday of the month to avoid conflicts with the California Special
Districts Association's annual conference and the holidays.
Director Perry verified that a correction was made to the date of the December
Study Session.
Vice President Ooten asked if the CAC's meeting schedule will require Board
approval.
Ms. Middenway noted that it does not require Board approval.
Director Scheafer shared that he attended the last CAC meeting and commented
that the CAC may need to be reminded that they are not tasked with giving the
Board of Directors items to decide on, but rather they should be providing their
input on District programs. He added that the monthly meetings put a lot of stress
on District staff and noted that they were initially asked to meet quarterly. He also
noted that he will be attending their January meeting.
Director Perry asked when the new group of CAC Members will begin their term.
Ms. Middenway confirmed that the 6 new CAC Members will begin their term on
April 1st.
Director Scheafer asked if the monthly one-on-one meetings with the General
Manager will be included in this calendar.
Ms. Middenway noted that those meeting dates will be provided on a separate
calendar, since the 2019 Meeting and Office Closure Calendar only pertains to
public meetings.
Secretary Schafer asked if the Board needs to appoint a representative for the
Independent Special Districts of Orange County (ISDOC).
Director Scheafer explained that Secretary Schafer was elected as Second Vice
President of ISDOC and therefore does not need to be nominated and appointed
to ISDOC. He noted that her appointment to ISDOC continues.
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Discussion followed regarding other District Ad Hoc Committees and the Board
Members that represent the District on those committees.
There was no further discussion and the report was received.
Action: 4. Citizens Advisory Committee (CAC) December 12, 2018 Meeting
Overview
Recommendation: That the Board of Directors approve the Costa Mesa Sanitary District
2019 Meeting and Office Closure Calendar as presented.
Mr. Carroll presented an overview of the December 12, 2018 CAC Meeting and
welcomed questions.
Director Perry asked if the CAC Members attend every meeting.
Mr. Carroll noted that the CAC Member attendance is high and consistent.
Director Perry asked how many Board Members attend the CAC meetings.
Mr. Carroll noted that it varies, but either Director Scheafer or Secretary Schafer
usually attend the CAC meetings.
Director Scheafer commented that he gets the impression that the CAC likes
having Board Members present to share in discussion. He also commented that
his only disappointment with the CAC is that they seem to feel like they are telling
the Board of Directors what to do, whereas his vision was to have the CAC
provide input on things that the District does.
Secretary Schafer commented that the CAC seems to feel that their
recommendations should always be taken. She stressed the importance of
reminding the CAC that the Board of Directors makes the final decisions.
President Ferryman suggested that the Board sit down with the CAC and share
their expectations.
Vice President Ooten suggested that the CAC go over the purpose of the
committee.
Mr. Carroll noted that the CAC was given a CAC Handbook, which explains the
purpose and policy associated with the CAC. He noted that District staff can
remind them to review the handbook.
President Ferryman and Director Scheafer noted that they appreciate the work
that the CAC has done.
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Discussion followed regarding how to reiterate the purpose of the CAC to the
CAC.
Director Perry suggested that President Ferryman meet with Chair Carey to go
over the CAC Handbook.
Mr. Carroll noted that a CAC Member orientation can be scheduled once the new
CAC Members are appointed.
There was no further discussion and the report was received.
Action: 5. Consider Acquiring One Twelve Cubic Yard Wastewater Combination
Cleaning Truck from Haaker Equipment Company for $411,364
Recommendation: That the Board of Directors approves acquiring One Twelve Cubic
Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for
$411,364 and Direct Staff to issue a Purchase Order.
Mr. Carroll noted that this item was discussed at the December Study Session.
He shared that the District's two current wastewater cleaning vehicles are
unreliable due to unanticipated repairs and the wastewater crew faces
challenges in meeting their cleaning goal for the year. He explained that District
staff recommends the purchase of a twelve cubic yard wastewater combination
truck from Haaker Equipment Company for $411,364. Mr. Carroll noted that there
are safety concerns regarding the transfer case on the vehicles that the District
currently has, and he noted that the recommended truck can engage the transfer
case with the touch of one button. He shared that District staff researched the
cost of adding an extended warranty to the vehicle (per the Board's request) and
found that an extended warranty of 3 years would cost about $8500 and an
extended 5 year warranty would cost about $17,000. He also noted that District
staff researched the idea of compressed natural gas (CNG) vehicles at the
Board's request. Mr. Carroll noted that the District is not required to use CNG
trucks, but he noted that City of Newport Beach staff shared that they have had
issues with the limited fuel capacity of CNG trucks. He also shared that Haaker
Vactor trucks are widely used and preferred in the wastewater industry, but he
noted that they are not without issues. However, Mr. Carroll commented that staff
believes that Haaker Vactor trucks have less issues than other brands that were
researched. He shared that this recommendation was brought to the CAC for
review and the CAC made recommendations that the District look into getting an
extended warranty or leasing a truck rather than purchasing. Mr. Carroll sought
the Board's direction regarding the CAC's recommendations and reiterated staffs
recommendation.
Director Perry indicated support for purchasing the extended 5 year warranty.
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Secretary Schafer asked for Mr. Carroll's opinion.
Mr. Carroll commented that he believes the 5 year warranty is a good idea.
Discussion followed regarding possible combinations of extended warranties that
may result in a lower cost.
Director Perry commented that it would be costly if the District faced an
emergency and did not have an available wastewater truck to respond to the
emergency.
Director Scheafer commented that he is not in favor of leasing things and noted
that owning the truck is his preference.
Vice President Ooten reiterated that Vactor trucks are preferred in the
wastewater industry and confirmed that the truck would be funded through the
Asset Replacement Fund.
A resident, Jim Mosher, provided comments. He commented that his
understanding was that the CAC would provide non-binding public input about
the items that came before them. He noted that the GAC requested to see a
comparison between the costs of leasing versus buying a truck, as well as a
comparison between the regular maintenance costs and the costs of unexpected
repairs faced by the District's current wastewater trucks. Mr. Mosher also noted
that the CAC requested to know how the vehicles are depreciated within District
accounting. He noted that the staff report attachment regarding depreciation is
missing the most recent two years of depreciation.
President Ferryman requested that District staff follow up on Mr. Mosher's
comments.
Director Scheafer commented that it was helpful to have Wastewater
Maintenance Worker III, Joel Ortiz, attend the Study Session and share his
experience and thoughts regarding the safety of the Haaker Vactor truck. He also
noted that the vehicle can be received quicker if the recommendation is approved
tonight.
Vice President Ooten commented that the District's former wastewater cleaning
contractor, National Plant Services, did not follow the cleaning schedule that was
set by the District and did not clean the system as well as District staff does now.
He added that the cost to hire a wastewater cleaning contractor that cleans as
well as District staff does would be much higher than the amount that was paid to
National Plant Services.
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Motion: To approve acquiring one twelve cubic yard wastewater combination
cleaning truck from Haaker Equipment Company for $411,364, direct staff to
issue a purchase order, and negotiate an extended warranty of either 3 or 5
years.
Motion by Art Perry, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
Action: 6. Budget Appropriation and Transfer - CMSD 75th Anniversary Activities
Recommendation: That the Board of Directors approve appropriating and transferring
$15,000 for CMSD's 75th Anniversary Activities.
Mr. Carroll noted that a 75th Anniversary Ad Hoc Committee was formed to
discuss the District's 75th Anniversary activities in 2019. He shared that the
committee held its first meeting on November 27, 2018 and discussed the idea of
creating promotional videos for local movie theaters and creating a
75th Anniversary logo. Mr. Carroll noted that the 75th Anniversary activities were
not budgeted for fiscal year 2018-2019, and staff is recommending the transfer of
$15,000 ($7,500 from the Solid Waste Fund and $7,500 from the Liquid Waste
Fund) for these activities.
President Ferryman asked what would happen if the committee exceeds its
budget.
Mr. Carroll responded that staff would need to request additional funds from the
Board of Directors.
Director Perry commented that the committee can work within the recommended
amount.
Secretary Schafer noted that banners to promote the District's 75th
Anniversary will be placed on CR&R's trash trucks and possibly on busy streets
within the community.
Director Perry shared that the committee is also seeking a representative from
the City of Costa Mesa to join the committee.
Mr. Carroll noted that District staff reached out to the City of Costa Mesa and the
Interim City Manager responded that Mayor Foley will make an appointment at
the time she makes all of her other committee appointments.
Director Perry asked if the committee needs to bring the logo back to the Board
of Directors for approval.
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Mr. Carroll noted that it is up to the Board of Directors whether they would like to
allow the committee to decide on a logo.
Director Perry suggested that the committee narrow it down to 3 options and then
bring it to the Board for approval at the next Study Session.
Discussion followed regarding the 75th Anniversary promotional video.
Motion: To approve appropriating and transferring $15,000 for CMSD's 75th
Anniversary Activities.
Motion by Art Perry, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
E. ENGINEER'S REPORTS
Receive and File: 1. Receive and File Monthly Capital Improvements Projects
Status Report
Recommendation: That the Board of Directors receive and file the report.
Mr. Carroll noted that District Engineer, Robin Harriers, is not present due to
illness. He offered to answer questions regarding the report.
Vice President Ooten noted that there are two projects listed in the Capital
Improvements Projects Status Report that the Board of Directors agreed upon
including in the budget two years ago. He requested that Mr. Carroll remind the
Board of Directors periodically of projects that are upcoming.
There was no further discussion and the report was received.
F. TREASURER'S REPORTS
None at this time.
G. ATTORNEY'S REPORTS
Action: 1. Ordinance No. 123 - Adoption of Rosenberg's Rules of Order
Recommednation: That the Board of Directors adopt Ordinance No. 123 - Adoption of
Rosenberg's Rules of Order
Mr. Burns apologized and noted that Item G2 is not ready for adoption. He noted
that comments were received from Mr. Mosher regarding Ordinance No. 123 and
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typos within the ordinance were corrected. Mr. Burns commented that the
adoption of Rosenberg's Rules of Order is intended to simplify the Board of
Directors' processes by condensing Robert's Rules of Orders to about 7 pages.
He noted that Rosenberg's Rules of Order may not address all circumstances,
but the District's ordinance is a non-binding guide that allows for the District to
hold a due process hearing for any situations that do not apply to Rosenberg's
Rules of Order. He added that he believes the ordinance is ready for adoption if
the Board chooses to adopt Rosenberg's Rules of Order.
Director Scheafer noted that the Board of Directors and the public received a
memo indicating which jurisdictions use Rosenberg's Rules of Order and
Robert's Rules of Order. He noted that there are a few agencies that do not use
either and he commented that it seems like many agencies are moving toward
using Rosenberg's Rules of Order.
Mr. Burns reiterated that there is a trend toward moving to Rosenberg's Rules of
Order.
Mr. Mosher commented that he was disappointed in the review of Ordinances
123 and 124 by the CAC and noticed that they did not seem engaged. He
commented that the change to Rosenberg's Rules of Order is positive, but noted
that he wished the CAC had inquired about context of the Rules. He explained
that the Rules make up only a small portion of a section within the District's
Operations Code that lay out rules of conduct during public meetings. Mr.
Mosher suggested that the CAC be asked to attend some of the Board of
Directors meetings, so that they may provide input on the entire Section 3.01
within the Operations Code.
Director Scheafer reiterated his disappointment that not many CAC Members
have attended Board Meetings.
Mr. Carroll noted that the CAC Handbook obligates CAC Members to attend at
least one Board Meeting during their term. He commented that it may be a good
time to go over the Handbook with the CAC once more.
Mr. Burns noted that having a quorum of CAC Members at a Board Meeting
would constitute a Brown Act Violation.
Director Perry noted that the District could post the meeting as a Joint CAC and
Board of Directors meeting if it was known ahead of time that 6 or more CAC
Members were attending.
Secretary Schafer noted that the CAC may not know when the Board of Directors
meet.
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Motion: To adopt Ordinance No. 123 - Adoption of Rosenberg's Rules of Order
as amended.
Motion by Mike Scheafer, second by Art Perry.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
Action: 2. Ordinance No. 124 - Reenacting the Purchasing Provisions of the
District's Operations Code
Recommendation: That the Board of Directors adopt Ordinance No. 124 - Reenacting
the Purchasing Provisions of the District's Operations Code.
Mr. Burns apologized and noted that the ordinance is not ready to be adopted
tonight. He noted that Mr. Mosher's comments were well -taken and the ordinance
needs more work.
Director Scheafer asked if a motion needs to be made to continue the item.
Mr. Burns noted that the Board of Directors does not need to make a motion to
continue the item, because staff pulled the item.
There was no further discussion.
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) - (President Ferryman)
President Ferryman provided updates regarding OCSD. He shared that two
executive staff members are leaving OCSD. He also shared updates regarding
the Orange County Council of Governments (OCCOG). He noted that OCCOG's
General Assembly will be held at the Disneyland Hotel.
Information: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Director Perry noted that SARFPA did not meet today.
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Information: 3. Independent Special Districts of Orange County (ISDOC) - (Secretary
Schafer)
Secretary Schafer shared updates regarding ISDOC. She noted that she is the
incoming Second Vice President of ISDOC.
Director Scheafer noted that he is the ISDOC representative for OCCOG. He
added that there was further controversy regarding the equity of Local Agency
Formation Commission (LAFCO) dues at the last ISDOC meeting.
Information: 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Secretary Schafer shared updates regarding CSDA. She shared that CSDA is
planning next year's legislative priorities.
Information: 5. Special District Risk Management Authority (SDRMA) -
(Director Scheafer)
Director Scheafer noted that SDRMA did not meet this month.
Information: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance
No. 55, Operations Code Section 3.01.030
Director Perry shared updates regarding the Water Advisory Committee of
Orange County (WACO).
I. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion: 1. Oral Communications and Director Comments
Secretary Schafer shared that a City of Costa Mesa staff member passed away.
She also shared that her grandson was just hired by the Costa Mesa Fire
Department.
President Ferryman commented that the Fire Department rescued a cat from a
pine tree on his street.
Director Scheafer thanked the Board and District staff for their support during his
time as President.
Discussion followed regarding Vice President Ooten and Director Perry's
compensation checks.
There were no further comments or discussion.
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J. ADJOURN TO CLOSED SESSION
President Ferryman adjourned the meeting to closed session at 6:40 P.M. to
discuss the following: CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to paragraph (2) of
subdivision (d) of Section 54956.9: (1 potential case).
Mr. Burns noted that the District is required to disclose the threat of potential
litigation and the District has done so by making a contemporaneous
memorialization of the threat made to the General Manager a part of the record.
He noted that a redacted copy was made part of the record.
K. RECONVENE TO OPEN SESSION
President Ferryman reconvened the meeting to open session at 7:37 P.M. and
reported that no action was taken and direction was provided.
L. CLOSING ITEMS
Procedural: 1. Adjourn
President Ferryman adjourned the meeting at 7:37 P.M.
Arlene Schafer
4�y
Secretary
Michael Schetfer
President