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Minutes - Board - 2021-02-22COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 22, 2021 Note: This meeting was conducted utilizing teleconferencing pursuant to Government code Section 54952.2 and the Governor's Executive Orders in effect waiving some of the requirements of that Section. Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Alan Burns (District Counsel), Marc Davis (District Treasurer), Mark Esquer (District Engineer), Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management Analyst II) Others present Mike Carey (CR&R Environmental Services) Adam Ereth (Citizens Advisory Committee Member and District resident) Judith Gielow (Citizens Advisory Committee Member and District resident) Seth Greiner (Citizens Advisory Committee Member and District resident) Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order — President Ooten President Ooten called the meeting to order at 4:30 P.M. Procedural: 2. Pledge of Allegiance — President Ooten President Ooten led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Scheafer COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 Vice President Scheafer 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.) District Clerk and Public Information Officer, Noelani Middenway, conducted roll call and noted that President Ooten, Vice President Scheafer, Secretary Schafer, Director Perry, and Director Eckles were present at this time. 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. President Ooten stated that the District received written communications from District resident, Jim Mosher. He inquired if the District received any additional communications from the public. Ms. Middenway confirmed that the District received no additional communications. President Ooten asked when it would be appropriate to discuss Mr. Mosher's comments. District Counsel, Alan Burns, stated that the Board may discuss his comments during Public Comments. Procedural: 6. Ceremonial Matters and Presentations. None at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. He requested for Mr. Burns to respond to Mr. Mosher's written comments. Mr. Burns stated that, in the past, the Board has requested that the District Counsel refrain from performing extensive research in order to respond to written public comments. He noted that the Brown Act requires public agencies to report final settlements. He added that, when the details of a settlement are still tentative, a public agency is not required to disclose any settlement information. However, he clarified that the Board has discretion in deciding when to disclose settlement information. He stated that the District received a settlement offer that contained incorrect information. He reported that the District issued a letter, based on the COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 Board's direction, rejecting the settlement offer. He noted that the District's letter stated that the settlement offer presented no facts indicating that District ratepayers should pay for the settlement. He shared that the District's case was dismissed and that no comments explaining the dismissal were provided. He added that the District acted in compliance with the law. Hearing no further discussion and no additional comments, President Ooten closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approves the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of January 12, 2021 Recommendation: That the Board of Directors approves the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the City/Districts Liaison Committee Meeting Minutes of January 15, 2021 Recommendation: That the Board of Directors approves the meeting minutes as presented. Action (Consent), Minutes: 4. Approve the Board of Directors Regular Meeting Minutes of January 25, 2021 Recommendation: That the Board of Directors approves the meeting minutes as presented. Action (Consent): 5. Adopt Warrant Resolution No. CMSD 2021-08 Approving District Warrant Registers Recommendation: That the Board of Directors adopts Warrant Resolution No. CMSD 2021-08 approving District warrants for the Month of January in the amount of $1,259,487.62. Action (Consent): 6. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approves the compensation and reimbursement of expenses as presented. Action (Consent): 7. Accept the occupancy count as presented as 23,003 and direct staff to prepare a warrant to CR&R Environmental Services for $238,391.59 for January 2021 collection COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 Recommendation: That the Board of Directors accepts the occupancy count as presented using 23,003 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,391.59 to be ratified in the February 2021 warrant list. Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $203,798.60 for January 2021 recycling and disposal services in the February 2021 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $203,798.60 for January 2021 recycling and disposal services to be ratified in the February 2021 warrant register. Action (Consent): 9. Receive and File the January 2021 Organics Tonnage Report Recommendation: That the Board of Directors receives and files this report. Action (Consent): 10. Receive and File the January 2021 Solid Waste Diversion Report Recommendation: That the Board of Directors receives and files this report. Action (Consent): 11. Approve Payroll Transparency Disclosure for January 2021 Recommendation: That the Board of Directors approves and files this report. Action (Consent): 12. Approve the Investment Report for the Month of January 2021 Recommendation: That the Board of Directors approves the Investment Report for the month of January 2021. Action (Consent): 13. Receive and File 2020 Annual Health Benefits Broker Fees Report Recommendation: That the Board of Directors receives and files this report. Action (Consent): 14. Receive and File Contracts Signed by the General Manager — January 2021 Recommendation: That the Board of Directors receives and files this report. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. D. PUBLIC HEARINGS None at this time. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 E. GENERAL MANAGER'S REPORTS Action: 1. Award Brian Prenger, Wastewater Maintenance Worker I, $150.00 for his Rewarding Idea to Improve Safety Conditions Recommendation: That the Board of Directors approves rewarding Brian Prenger, Wastewater Maintenance Worker I, $150.00 for idea to improving safety conditions General Manager, Scott Carroll, presented the proposed submission for the Rewarding Ideas Program. He shared that the District's Wastewater Maintenance Worker I, Brian Prenger, submitted an idea to improve safety conditions for when District staff is transporting portable generators. He noted that Mr. Prenger suggested adding reflective decals on the portable generators to increase their visibility and add to District staff's safety. He stated that District staff is recommending that the Board approves an award of $150.00 for his idea. President Ooten confirmed that the District puts out traffic cones when transporting the generators. He inquired if the reflective tape is intended for additional safety. Mr. Carroll confirmed that the reflective tape will improve safety for District staff. Motion: To approve rewarding Brian Prenger, Wastewater Maintenance Worker I, $150.00 for the idea to improve safety conditions. Motion by Art Perry, second by Brett Eckles. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. Action: 2. Consider Amending Administrative Policy No. 70.00 Naming District Facilities and Naming a District Facility after Long Time and Former Board Member, James Ferryman Recommendation: That the Board of Directors provides staff direction on the following: 1. Amending Administrative Policy No. 70.00; and 2. Begin the process for considering renaming a District facility after James Ferryman Mr. Carroll presented report details. He stated that District staff is requesting two actions for this item. He reviewed the first action, which considers amending Administrative Policy No. 70.00. He inquired if the Board would like to broaden the definition of facilities to include rooms, such as the boardroom or conference room, to give the Board more flexibility to name other facilities. Secondly, he stated that District staff is seeking clarification for Section 7.3 of Administrative Policy No. 70.00. He inquired if Section 7.3 is intended for deceased or living individuals. He read an excerpt from the policy and noted that District staff interprets it as someone COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 who is deceased. Thirdly, he stated that District staff is seeking direction on the Board renaming a District facility after long-time Board member, James Ferryman. If so, he added that District staff will present the request to the Citizens Advisory Committee (CAC) with some recommendations and then share the CAC's input with the Board. Secretary Schafer expressed support for renaming a District facility after James Ferryman. She recommended recognizing people who are living and deceased. She stated that she supports broadening the definition of facilities to include rooms. Director Eckles inquired about how many rooms are available for naming. Mr. Carroll stated that there are three rooms at District Headquarters that can be included, as well as the meeting room and storage building at the District Yard. Director Eckles stated that he agrees with Secretary Schafer about recognizing both the living and deceased. He inquired if Section 7.3 already covers this topic. Mr. Carroll stated that District staff is seeking clarification if they should include the living in the policy. Director Perry stated that he agrees with Secretary Schafer and Director Eckles. He inquired about what will be requested from the CAC. Mr. Carroll noted that, at the CAC's March meeting, District staff will inform them that the Board approved the changes to the policy and will ask them to discuss which facility should be named after James Ferryman. Director Perry stated that some CAC members may not know James Ferryman. Mr. Carroll stated that staffs presentation to the CAC will explain why a person deserves to have a District facility named after them. He added that District staff will review James Ferryman's contributions to the District in the staff report. He noted that if the CAC does not have a recommendation, then District staff will still present the matter to the Board for a final decision. Director Perry confirmed that the Board will make the final decision. Vice President Scheafer inquired about Section 7.3's verbiage. Mr. Carroll confirmed that the policy will need to be updated. He noted that there is some language about receiving the next of kin's approval. He noted that it would be easier to interpret the policy if it clarifies that next of kin approval is only necessary for the deceased. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 Vice President Scheafer stated that rooms inside of a building are less visible to the public. He suggested naming an outdoor facility, such as a pump station, after James Ferryman for more visibility. Secretary Schafer expressed support for Vice President Scheafer's suggestion. President Ooten suggested that District staff provide a list of appropriate facilities that can be named after James Ferryman. He noted that the District Yard is named after long-time District Engineer, Rob Harriers, but that District Headquarters is not named after anyone. He added that if the Board decides to rename a meeting room after James Ferryman, then the District can include the room's name on meeting invitations and agendas. Motion: To amend Administrative Policy No. 70.00 to expand the definition of "Facility" to include naming rooms at the District Headquarters and Yard, to clarify the verbiage in Section VII.3 to apply to both deceased and live people, and to begin the process of naming a District facility after former Board Director, James Ferryman. Motion by Mike Scheafer, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. F. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File the Monthly Capital Improvements Project Status Report Recommendation: That the Board of Directors receives and files the report. President Ooten commented that there are four force main projects and a force main evaluation project in the report. He stated that the District transferred funds from the force main project to the Bristol Sewer Siphon project. He suggested discussing the criteria for how those force main projects were developed at the next Study Session. Vice President Scheafer inquired if District Engineer, Mark Esquer, will be presenting the Monthly Capital Improvements Project Status Report. President Ooten stated that Michael Benesh, President of Robin B. Hamers & Associates (RBH), will continue to present the report because RBH is performing the projects. He noted that Mr. Esquer will be reviewing and providing ideas about how the report is presented. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 Mr. Carroll clarified that it is Mr. Esquer's responsibility to ensure that this staff report is submitted. He added that Mr. Esquer will be coordinating with Mr. Benesh, who is the project manager for most of these projects. President Ooten inquired if Mr. Benesh will continue to attend Board meetings. Mr. Carroll stated that he will only attend Board meetings if he is requested. Mr. Esquer commented that he has reviewed the report and has recommended a few changes that will be reflected in next month's report. He noted that there is a transition in process between his position and the District's engineering consultant, RBH. He shared that he has been attending some of the construction meetings. He discussed the force main assessments and noted that he is in the process of working on the capital budget with Mr. Benesh. He added that his plan is to review the budget with Mr. Carroll and then present it to the Board during the District's budget review or at a separate meeting. President Ooten suggested reviewing the budget for Capital Improvement Projects at a Study Session. Secretary Schafer expressed support for President Ooten's suggestion. There was no further discussion, and the report was received. I. 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 Ooten) President Ooten shared that OCSD was very busy this past month and that he attended four meetings and a virtual tour. Vice President Scheafer stated that the Board skipped the District Treasurer and District Attorneys reports. G. TREASURER'S REPORTS District Treasurer, Marc Davis, stated that he has nothing to report. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 H. ATTORNEY'S REPORTS Mr. Burns stated that he has no report to present but discussed the COVID-19 Appropriations bill, which provides assistance to disadvantaged communities for those who could not afford their utility bills, including their sewer bills. He noted that it is beneficial to have the County of Orange handle such measures through the assessments and credited the District for approving of the County Assessment District procedure. I. LOCAL MEETINGS 1. Orange County Sanitation District (OCSD) - (President Ooten) President Ooten continued discussing OCSD. He shared that he attended OCSD's Operations Committee meeting, which discussed plant rehabilitations, odor projects, and updates to their collection system. He stated that there are three strategic plan sessions that directors and alternates are involved in right now. He noted that a third of that plan was discussed by directors and mainly dealt with security, personnel, and finance matters. He added that the OCSD Board meeting will be next Wednesday, March 3, 2021. Director Perry discussed OCSD's virtual tour. He shared that OCSD processes 1.35 million pounds of salt per day, which is transported to the ocean. He added that OCSD processes 189 million gallons of wastewater per day and uses a variety of odor reduction techniques. He shared that birds sit on OCSD's water clarifiers and eat the snails that enter the water. He stated that OCSD sends their sludge to Yuma, Arizona and other composting facilities. President Ooten commented that Mr. Esquer designed the septic waste receiving station at OCSD. He shared a few facts about OCSD's system. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry stated that there was no SARFPA meeting this month. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer stated that ISDOC had a virtual meeting on January 28, 2021 with OC Sheriff and Coroner Don Barnes as the guest speaker. She added that ISDOC discussed Larry Dick's departure from his position as 2nd Vice President and noted that they are considering how to fill the position. She announced that Mary Aileen Matheis from Irvine Ranch Water District (IRWD) was not re-elected to her ISDOC position, which has been filled by Brooke Jones from Yorba Linda Water District. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that she attended a CSDA Executive Board meeting on February 15, 2021. She added that she attended an orientation meeting for CSDA's Legislative Committee. 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Scheafer stated that he attended the February SDRMA Board meeting, which discussed SDRMA's financial status. He shared that SDRMA has completed most of the preliminary steps for their captive insurance agency based in Utah. Director Perry inquired if the District's insurance rates will be lowered. Vice President Scheafer stated that the District's workers' compensation rate is decreasing, but that the District's experience modification (Emod) rate is increasing. He added that SDRMA needs to expand their ability to connect with other re -insurers for lower rates. 6.Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Secretary Schafer shared that she attended the February Water Advisory Committee of Orange County (WACO) meeting, which discussed a program on sources and sinks and how emissions affect water. Director Eckles shared that he attended a Newport Beach City Council meeting, at which the Newport Beach City Council directed City staff to enter into new contract negotiations with CR&R Environmental Services. He added that the City of Newport Beach's trash rates will increase and noted that they pay for trash services through their General Fund. Vice President Scheafer inquired about the City of Newport Beach's recycling fee. Director Eckles stated that they did not discuss their recycling fee in detail. He added that District staff will compare the District's contract with CR&R to the City of Newport Beach's new contract to increase transparency. President Ooten commented that the City of Newport Beach has not decided on their recycling fee. Director Perry shared that he attended the Costa Mesa City Council meeting, which recognized Black History Month, reviewed a Smart & Final noise complaint, discussed signage at Triangle Square, and announced the appointments of new COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 City commissioners. He shared that he attended the February WACO meeting and the City of Costa Mesa's Planning Commission meeting, which further discussed electronic signage at Triangle Square. Secretary Schafer inquired if the Costa Mesa City Council meeting discussed Randy's Donuts. Director Perry stated that they did not discuss the plans for Randy's Donuts. There was no further discussion. J. OLD BUSINESS None at this time. K. NEW BUSINESS Action: 1. Adopt Resolution No. 2021-937 Nominating Vice President Scheafer as a Candidate for Election to the Special District Risk Management Authority (SDRMA) Board of Directors Recommendation: That the Board of Directors adopt Resolution No. 2021-937 Nominating Vice President Scheafer as a Candidate for Election to the Special District Risk Management Authority (SDRMA) Board of Directors. President Ooten introduced the item. He stated that Vice President Scheafer is currently the SDRMA Board President. Director Perry and President Ooten expressed their support for Vice President Scheafer's nomination. Motion: To adopt Resolution No. 2021-937 Nominating as a Candidate for Election to the Special District Ris (SDRMA) Board of Directors. Motion by Art Perry, second by Arlene Schafer Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, There was no further discussion. L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments Vice President Scheafer c Management Authority Mike Scheafer Vice President Scheafer inquired about the Board's photoshoot on Thursday, February 25, 2021. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 Ms. Middenway stated that the photoshoot will include headshots of all Board members. The Board discussed the appropriate attire for the photoshoot. President Ooten requested a report on the air release valve project at a future Study Session. Director Perry inquired if the President Pump Station project has begun. Mr. Carroll confirmed that the project has started. Director Perry commented that he saw a Facebook post about the blocked walkway entrance to Canyon Park due to the project. Director Eckles stated that the Board has requested District staff to prepare a two- year budget plan for a paper shredding and cardboard recycling event. He noted that those items will be discussed during the District's budget review process. Vice President Scheafer shared that State Farm Insurance experienced a nationwide computer system outage due to the recent weather storm in Texas. He related this issue to the District's emergency preparedness plans and requested to review the District's emergency contingency plans at a future Study Session. President Ooten suggested including information about the District's cybersecurity efforts. There was no further discussion. M. ADJOURN TO CLOSED SESSION Discussion: 1. Conference with Legal Counsel - Existing Litigation Paragraph (1) of subdivision (d) Section 54956.9 California River Watch v. Costa Mesa Sanitary District, USDC No.: 8:20-cv-01702 Discussion: 2. Discuss annual performance evaluation of General Manager pursuant to Government Code Section 54957. Discussion: 3. Provide President, as negotiator, with authority to negotiate with General Manager for compensation and benefits pursuant to Government Code Section 54957.6 Mr. Burns announced the titles of the three items to be discussed in closed session: "Conference with Legal Counsel - Existing Litigation Paragraph (1) of subdivision (d) Section 54956.9 California River Watch v. Costa Mesa Sanitary COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 22, 2021 District, USDC No.: 8:20-cv-01702," "Discuss annual performance evaluation of General Manager pursuant to Government Code Section 54957,11 and "Provide President, as negotiator, with authority to negotiate with General Manager for compensation and benefits pursuant to Government Code Section 54957.6.is President Ooten adjourned the meeting to closed session at 5:24 P.M. N. RECONVENE TO OPEN SESSION AND REPORT OF ACTION TAKEN 1. Announce any reportable action taken in closed session. President Ooten reconvened the meeting to open session at 5:44 P.M. and announced that the Board gave him the authority to negotiate with the General Manager regarding his compensation and benefits. O. CLOSING ITEMS Procedural: 1. Adjourn President Ooten adjourned the meeting at 5:45 P.M. Arlene Schafer Secretary � Arm, . BobOoten