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Minutes - Board - 2019-09-19COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 19, 2019 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Colin Burns (District Counsel), Robin Harriers (District Engineer), Noelani Middenway (District Clerk & Public Information Officer), Kaitlin Tran (Finance Manager), Gina Terraneo (Management Analyst II) Others present Judith Gielow (District resident & Citizens Advisory Committee Member) Meeting called to order at 5:28 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Ferryman President Ferryman called the meeting to order at 5:28 P.M. Procedural: 2. Pledge of Allegiance - President Ferryman President Ferryman led the Pledge of Allegiance. Procedural: 3. Invocation - Vice President Ooten Vice President Ooten 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.) COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19, 2019 District Clerk and Public Information Officer, 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. None at this time. Procedural: 6. Ceremonial Matters and Presentations None at this time. B. Public Comments Procedural: 1. Public Comments President Ferryman opened public comments. Seeing no members of the public in attendance at this time, President Ferryman 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 August 13, 2019 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of August 22, 2019 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. 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): 5. Adopt Warrant Resolution No. CMSD 2020-03 Approving District Warrant COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19, 2019 Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2020-03 approving District warrants for the month of August 2019 in the amount of $2,094,499.89. Action (Consent): 6. Payroll Transparency Disclosure for August 2019 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Accept the occupancy count as presented as 22,858 and direct staff to prepare a warrant to CR&R Environmental Services for $236,888.88 for August 2019 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 22,858 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2019 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $236,888.88 to be ratified in the September 2019 warrant list. Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $222,827.51 for August 2019 recycling and disposal services in the September 2019 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $222,827.51 for August 2019 recycling and disposal services to be ratified in the September 2019 warrant register. Action (Consent): 9. Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Motion: To approve the Consent Calendar as presented. 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 There was no discussion. D. GENERAL MANAGER'S REPORTS Action: 1. Special Districts Week Recommendation: That the Board of Directors adopt Resolution No. 2019-924 proclaiming the week of September 22-28, 2019 to be Special Districts Week. General Manager, Scott Carroll, shared that the State Legislature passed Assembly Concurrent Resolution (ACR) 89, which proclaims September 22-28 to be Special Districts Week. He noted that the resolution was sponsored by the California Special Districts Association (CSDA), who will be celebrating their 50th Anniversary next week during their Annual Conference. Mr. Carroll presented the recommendation that the Board adopt Resolution No. 2019-924 to make the COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19, 2019 same proclamation as ACR 89, and he noted that District staff will disseminate a press release and social media posts to promote Special Districts Week. He also noted that the Citizens Advisory Committee (CAC) recommended that the Board adopt Resolution No. 2019-924 at their meeting last night. Motion: To adopt Resolution No. 2019-924 proclaiming the week of September 22-28, 2019 to be Special Districts Week. 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 There was no discussion. Action: 2. Approving the Creation of a Solid Waste Ad Hoc Committee Recommendation: That the Board of Directors approves creating a Solid Waste Ad Hoc Committee and appoint Vice President Ooten and Director Scheafer to serve on the Committee. Mr. Carroll explained that the Board of Directors discussed establishing a Solid Waste Ad Hoc Committee at their September 10th Study Session in order to increase participation in organics recycling, track meaningful solid waste data, and compare the District's diversion data to other jurisdictions. He noted that the Board discussed appointing Vice President Ooten and Director Scheafer to the Committee, and that the CAC appointed Members Katz and Fields. Mr. Carroll suggested that once the members are appointed, Ms. Middenway will reach out to the members to determine the Committee's first meeting date. Director Scheafer inquired about the CAC Members' schedules. He indicated an interest in the Committee's area of focus. Motion: To approve creating a Solid Waste Ad Hoc Committee and appoint Vice President Ooten and Director Scheafer to serve on the Committee. 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 was no further discussion. E. ENGINEER'S REPORTS Receive and File: 1. Receive and File the Monthly Capital Improvements Project Status Report Recommendation: That the Board of Directors receive and file the report. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19,2019 District Engineer, Robin Hamers, presented the report details and welcomed questions. Director Scheafer shared that he has noticed that the County has been doing work in Costa Mesa. He asked if the County has a cleaning schedule for their sewer lines. Mr. Harriers confirmed that Director Scheafer is referring to the Orange County Sanitation District. He commented that Director Scheafer seems to be describing routine cleaning. Director Perry asked if the District is still working on the Canyon Force Main. Mr. Hamers replied that the force main has been placed in the ground and the project is expected to be completed in 1 to 2 weeks. He noted that the Indus project will also be complete in 1 to 2 weeks. He added that he will be providing a report about the potential reuse of the President Pump Station vault soon. Director Perry asked if the Canyon Force Main project has caused any traffic on Wilson Street. Mr. Hamers noted that the District has been able to complete the pump station work without closing the street (leaving one lane open in both directions). There were no further questions or discussion. F. TREASURER'S REPORTS Mr. Carroll noted that the District Treasurer is not present today. He added that the regular Treasurer's reports will be provided next month. There were no questions or discussion. G. ATTORNEY'S REPORTS District Counsel, Colin Burns, shared that the State Legislature passed a bill that will require a 2-year retention period for emails. He noted that the Board will receive a memo on this once the Governor signs the bill. Director Perry inquired about the current law for retention of emails. Mr. Burns explained that current law is unclear regarding email retention. He noted that it depends on whether or not the document is kept during the course of business. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19, 2019 Discussion followed regarding whether the law pertains to emails received in an elected official's personal email account. Director Scheafer shared that the Board received a memo regarding Mission Viejo's efforts to utilize cumulative voting rather than establishing voting districts. He asked if a jurisdiction with voting districts would be able to switch to cumulative voting, if cumulative voting was accepted by the State. Mr. Burns noted that he would have to gather more information to provide an answer. He commented that switching to cumulative voting may open a jurisdiction up to potential litigation. There were no further questions or 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. 1. Orange County Sanitation District (OCSD) - (President Ferryman) President Ferryman shared that he and Vice President Ooten attended OCSD's Strategic Planning Session last night. He commented that it was well done and staff provided good information for the new directors. Vice President Ooten noted that they discussed biosolids and other aspects of OCSD's strategic plan. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry shared that he attended the SARFPA meeting, where the discussion focused mainly on advocacy efforts in Washington DC and appropriations for the Army Corps of Engineers. He provided an overview of upcoming projects and their anticipated costs. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer noted that she did not attend the last ISDOC meeting. Director Scheafer noted that he attended the meeting, but nothing substantive occurred. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19,2019 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that she attended the Costa Mesa Chamber of Commerce's Government Affairs Committee Meeting. She noted that a speaker discussed the 2020 Census, and she distributed the District's newsletters at the meeting. Secretary Schafer also shared that the former Trinity Broadcasting Network will be remodeled and converted into a language school. She noted that CSDA complimented the District on its responsiveness to their requests for legislative support and opposition letters. And lastly, she shared that she attended Vanguard University's Taste of Vanguard event and provided updates regarding their expansion. Discussion followed regarding Vanguard University and Orange Coast College. 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Director Scheafer shared that he attened the California Association of Joint Powers Authorities Conference in South Lake Tahoe and went to interesting sessions on governance. He also provided an update regarding SDRMA's election of officers. Discussion followed regarding the CSDA Annual Conference schedule. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Secretary Schafer shared that she was shown the District's new Vactor truck and its features. Director Scheafer shared that he completed the required Sexual Harassment Training online. He commented that the training was lengthy, but easy to navigate. Vice President Ooten shared that he attended Water Advisory Committee of Orange County (WACO) meeting, where they discussed pollutants of emerging concern. I. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments Director Perry and President Ferryman shared the schedule for the Costa Mesa Newport Harbor Lions Club Fish Fry event. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 19, 2019 Director Scheafer shared that the next Wastecon will take place out-of-state, and he requested that Ms. Middenway find out when it will be held. He commented that it is a good conference with valuable information. Additionally, he asked if it is necessary for the CAC to take official votes on items. He commented that he does not mind the CAC making recommendations to the Board, but he questioned whether they should be taking official recorded votes. Mr. Carroll reiterated that the CAC is an advisory board. He commented that there is value in gathering their feedback through votes, and that he does not see a problem with the CAC voting. Director Scheafer indicated concern about situations in which the CAC may vote for a different outcome than the Board, and the potential for this to result in hard feelings. He expressed hope that the CAC understands that their role is to advise and not to make the ultimate decisions. Secretary Schafer noted that the Newport Mesa Unified School District's State of the Schools Breakfast will be on October 2nd at 7:00 A.M. at Estancia High School. J. CLOSING ITEMS Procedural: 1. Adjourn President Ferryman adjourned the meeting at 6:13 P.M. Jam' Ferryman President