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Minutes - Board - 2016-12-22 45) i y� \I w! PORA'ft COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 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), Dyana Bojarski (Management Analyst II), Gina Terraneo (Management Analyst I) Others present: Roger Faubel (Faubel Public Affairs), Peter Whittingham (Curt Pringle & Associates), Jim Mosher(resident) Meeting called to order at 5:30 PM A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order. Procedural: 2. Pledge of Allegiance President Scheafer led the Pledge of Allegiance. Procedural: 3. Invocation COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Vice President Perry offered the invocation. Procedural: 4. Roll Call Noelani Middenway, District Clerk, conducted roll call and all members of the Board of Directors were present. 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. Jim Mosher, a resident, provided comments regarding the swearing in of Directors Perry and Ferryman at the Special Meeting held on December 2, 2016. Additionally, Mr. Mosher commented that he had difficulty finding the District's wastewater rates on the District website. Alan Burns, District Counsel, replied to Mr. Mosher's comment and noted that California state law specifies that elected officers must take office on the first Friday of December following the election. Wendy Davis, Finance Manager, noted that the District's rate structure is located on the Finance page of the District website. Director Ferryman commented that the website is continually being updated to improve its transparency. Art Perry noted that the District's address has not been updated on the Yahoo search engine. 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. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Motion: To approve the Consent Calendar as presented. 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 were no further questions or discussion. C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS Action: 1. Approve 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. Noelani Middenway, District Clerk, presented report details. Assistant Secretary Schafer suggested that the Board of Directors appoint officers once every year rather than once every two years. Alan Burns, District Counsel, noted that the District could change its code to reflect an annual officer appointment. Discussion followed regarding bringing the proposed change to a future Study Session for further discussion. Motion: To appoint Mike Scheafer as Board President Motion by Art Perry, second by Bob Ooten Final Resolution: Motion carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Motion: To appoint Art Perry as Vice President Motion by Mike Scheafer, second by Arlene Schafer Final Resolution: No vote was taken and a substitute motion was made. Substitute Motion: To appoint Jim Ferryman as Vice President 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 Motion: To appoint Arlene Schafer as Secretary Motion by Art Perry, second by Bob Ooten COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Final Resolution: Motion carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Motion: To appoint Bob Ooten as Assistant Secretary Motion by Mike Scheafer, second by Jim Ferryman Final Resolution: Motion carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Motion: To appoint Art Perry as Director 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 appoint Jim Ferryman as the Orange County Sanitation District (OCSD) Board Member Motion by Bob Ooten, second by Arlene Schafer Final Resolution: Motion carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Motion: To appoint Bob Ooten as the Orange County Sanitation District (OCSD) Alternate 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 Motion: To appoint Art Perry as the Santa Ana River Flood Protection Agency (SARFPA) Board Member 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 Motion: To appoint Bob Ooten as the Santa Ana River Flood Protection Agency (SARFPA) Alternate 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 President Scheafer requested that staff find out if he was appointed as the Independent Special Districts of Orange County's (ISDOC) representative for the Orange County Council of Governments (OCCOG). There were no further questions or discussion. Action: 2. Approve the 2017 Costa Mesa Sanitary District Meeting Calendar COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Recommendation: That the Board of Directors approve the 2017 meeting calendar as presented. Noelani Middenway, District Clerk, presented the 2017 Meeting Calendar and noted changes made due to holiday closures and scheduling conflicts. Assistant Secretary Schafer asked if the Newport-Mesa Unified School District (NMUSD) would be included in future Liaison Meetings. Discussion followed regarding adding an agenda item about NMUSD's participation to the upcoming liaison meeting agenda. Motion: To approve the 2017 meeting calendar as presented. 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: 3. Approve Engineering Technician Position Recommendation: That the Board of Directors approves and adopts the Engineering Technician position classification, salary range and job description. Dyana Bojarski, Management Analyst II, provided report details and described the classification and duties of the Engineering Technician. Discussion followed regarding the job description and local schools that may have curriculum fitting the job requirements. Motion: To approve and adopt the Engineering Technician position classification, salary range and job description. 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 There were no further questions or discussion. Action, Procedural: 4. Financial Statements for Year Ended June 30, 2016 Recommendation: That the Board of Directors receive and file the Comprehensive Annual Financial Report, auditors' report in accordance with Government Auditing Standards, and the auditors' required communication for the year ended June 30, 2016. Wendy Davis, Finance Manager, presented the Comprehensive Annual Financial Report (CAFR). She noted that the auditors did not find any significant deficiencies. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 President Scheafer opened public comments. Jim Mosher, a resident, provided comments about the District's Popular Annual Financial Report (PAFR), information presented in the Optimal Governance Structure Study by Arcadis U.S. Inc., and the location of the financial statements on the District's website. President Scheafer closed public comments. Ms. Davis noted that the financial statements are available on the Finance page of the District's website. Secretary Ooten requested that staff provide an updated diversion rate. Discussion followed regarding the diversion rate and the solid waste budget. Scott Carroll, General Manager, described the difference between the CAFR and the PAFR and indicated that the District is one of few agencies that produce a PAFR. There was no further discussion and the report was received. Action: 5. Approve Extending Faubel Public Affairs Agreement Recommendations: 1. That the Board of Directors considers extending the agreement with Faubel Public Affairs. 2. That the Board approve the appropriation of $35,000 from fund balance in the solid waste and $35,000 from contingency in the wastewater fund. Scott Carroll, General Manager, presented report details and described the work that Faubel Public Affairs has done for the District. Discussion followed regarding the consolidation effort by Mesa Water District and the benefits of maintaining the consulting services. President Scheafer, Assistant Secretary Schafer, and Vice President Perry indicated that they would like to see the consulting services continue. President Scheafer opened public comments. Jim Mosher, a resident, provided comments regarding the District's contract with Faubel Public Affairs. President Scheafer closed public comments. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Motion: To extend the Agreement with Faubel Public Affairs by 6 months. 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 Motion: To approve the appropriation of $35,000 from fund balance in the solid waste and $35,000 from contingency in the wastewater fund. 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 There were no further questions or discussion. Action: 6. Grease Control Device Installation Assistance Program Recommendations: That the Board of Directors: 1. Does not approve a Grease Control Device Installation Assistance Program; 2. Direct staff to continue status quo cleaning of FOG related hot spots; and 3. Continue encouraging Food Service Establishments (FSEs) use best management practices for Fats, Oil and Grease (FOG) Scott Carroll, General Manager, presented report details and noted that upon further analysis the Grease Control Device Installation Assistance Program would potentially cost more than the status quo cleaning of FOG related hot spots. Discussion followed regarding specific hotspots and the definition of term "significant offenders" as it is used in the staff report. President Scheafer requested that staff invite EEC to attend a future Study Session. Discussion followed regarding the cost of inspections. Motion: To not approve a Grease Control Device Installation Assistance Program, direct staff to continue status quo cleaning of FOG related hot spots, and continue encouraging Food Service Establishments (FSEs) to use best management practices for Fats, Oil and Grease (FOG). Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Action: 7. Adopt Ordinance No. 2016-116 - Authorizing Recent CCTV Inspections To Be Used For Other Construction Within The Year Recommendation: That the Board of Directors adopt Ordinance No. 2016-116 Authorizing Recent CCTV Inspections To Be Used For Other Construction Within The Year. Scott Carroll, General Manager, presented Ordinance No. 2016-116 and noted that the District currently requires CCTV Inspection for each construction project permitted by the District. Motion: To adopt Ordinance No. 2016-116 Authorizing Recent CCTV Inspections To Be Used For Other Construction Within The Year. Motion by Art Perry, second by Bob Ooten. 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: 8. Acceptance of Improvements - 290 Paularino Avenue Facility Improvements Recommendation: That the Board of Directors approves the following action: 1. Approve Change Orders 34 and 35 totaling $8,237; 2. Accept improvements as completed and file a Notice of Completion; 3. Authorize payment of 5% retention 35 days after Notice of Completion is recorded; and 4. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Scott Carroll, General Manager, presented the Notice of Completion for the improvements of 290 Paularino Ave. He noted that the total cost of the building improvements remains under budget, but additional electrical and HVAC work totaling $8,237 requires the Board's approval. Motion: To approve Change Orders 34 and 35 totaling $8,237, accept improvements as completed and file a Notice of Completion, authorize payment of 5% retention 35 days after Notice of Completion is recorded, and exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. 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 were no further questions or discussion. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Action: 9. Approve Estancia High School Baseball Team Contribution Program Eligibility Application Recommendation: That the Board of Directors approves the Contribution Program Eligibility Application from the Estancia High School Baseball Team in the amount of $500.00. Vice President Perry recused himself from the vote due to his association with Estancia High School and stepped out of the meeting at 6:39 P.M. Scott Carroll, General Manager, presented the contribution request from the Estancia High School Baseball Team. He noted that the contribution would include a promotional banner in the baseball outfield. Motion: To approve the Contribution Program Eligibility Application from the Estancia High School Baseball Team in the amount of $500.00. Motion by Art Perry, second by Jim Ferryman. Final Resolution: Motion Carries 4-0-1 with Vice President Perry recusing himself from the vote Aye: Arlene Schafer, Bob Ooten, Jim Ferryman, Mike Scheafer Not Present at Vote: Art Perry Vice President Perry returned to the meeting at 6:43 P.M. There were no further questions or discussion. Action: 10. Approve the Costa Mesa Community Run 10th Anniversary Contribution Program Application Recommendation: That the Board of Directors considers sponsoring the Costa Mesa Community Run's 10th Anniversary at the $500 level. Scott Carroll, General Manager, presented the contribution request from the Costa Mesa Community Run. He noted that the District has participated in the event for several years and typically promotes the District's recycling programs at the event. President Scheafer shared that Karen Barloon, the Costa Mesa Community Run's event coordinator, apologized for not being able to attend the meeting. Motion: To sponsor the Costa Mesa Community Run's 10th Anniversary at the $500 level. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 There were no further questions or discussion. Action, Receive and File: 11. Project #313 Victoria Pump Station Force Main Replacement Budget Transfer Recommendation: That the Board approve the transfer of $133,000 from President Pump Station Rehab Project #317 to Victoria Force Main Upgrade Project #313. Scott Carroll, General Manager, presented report details and noted that there is not currently enough funds in the Project #313 budget to award the contract to the lowest bidder (plus a 10% contingency). He added that if the Board approves the budget transfer of $133,000, he will approve the proposal from Robin B. Hamers & Associates, Inc. for contract administration and inspection services. Discussion followed regarding the District's force main replacement projects. Motion to transfer $133,000 from President Pump Station Rehab Project #317 to Victoria Force Main Upgrade Project#313. Motion by Jim Ferryman, 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. E. ENGINEER'S REPORTS Action, Receive and File: 1. Project Status Report Recommendation: The Board of Directors receive and file the report. Rob Hamers, District Engineer, presented report details and offered to answer any questions. There were no questions or discussion and the report was received. Action: 2. Acceptance of Improvements - Project #200-B Harbor Pump Station Sewer Force Main Replacement Recommendation: That the Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Rob Hamers, District Engineer, presented the Notice of Completion and described Project#200-B. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Motion: To accept improvements as completed and file a Notice of Completion, authorize payment of 5% retention 35 days after Notice of Completion is recorded, and exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Motion by Bob Ooten, second by Arlene Schafer. 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. Project #313 Victoria Pump Station Force Main Replacement; Bid Opening and Award of Contract Recommendation: That the Board of Directors: 1. Award a contract to the lowest responsive and responsible bidder, GCI Construction, Inc. in the amount of $377,620. 2. Approve a contingency of 10% in the amount of $37,762. Rob Hamers, District Engineer, presented the bid results for Project#313. Motion: To award a contract to the lowest responsive and responsible bidder, GCI Construction, Inc. in the amount of $377,620 and to approve a contingency of 10% in the amount of$37,762. 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 There were no questions or discussion. F. TREASURER'S REPORTS Nothing to report at this time. G. ATTORNEY'S REPORTS Alan Burns, District Counsel, provided updates regarding an amendment to state law about executive compensation decisions, a Supreme Court hearing about the use of private devices for public business, and the delivery of the CalTrans settlement check. 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 COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 • 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 noted that the Mayor of Fullerton was elected as Chairman of OCSD. Additionally, he noted that improvements were proposed for an industrial building that OCSD owns in Stanton, CA. Information: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Vice President Perry) Nothing to report at this time. Information: 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer noted that the 2017 calendar was approved and the speaker for the January 26, 2017 meeting will be Michelle Steel. Information: 4. California Special Districts Association (CSDA) - (Assistant Secretary Schafer) Assistant Secretary Schafer noted that she was re-elected as Secretary of the CSDA Executive Board. Information: 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) Nothing to report at this time. Information: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 President Scheafer shared that he attended meetings with Ed Gilmet (resident) and Charley Wilson (Santa Margarita Water District Board Member and Local Agency Formation Commissioner). Vice President Perry reported that he attended the Costa Mesa City Council Special Meeting and the Water Advisory Committee of Orange County (WACO). COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD DECEMBER 22, 2016 Discussion followed regarding sending letters to congratulate all of the local newly elected officials. I. OLD BUSINESS None at this time. J. NEW BUSINESS None at this time. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Secretary Ooten reiterated his request to receive an update rearding the District's diversion rate and to have EEC attend a future Study Session. Scott Carroll, General Manager, noted that he will present the updated diversion rate at the February Study Session. Assistant Secretary Schafer congratulated Directors Perry and Ferryman on their re-election. Director Ferryman shared that his brother passed away last week. President Scheafer thanked staff and the Board of Directors and wished everyone happy holidays. L. ADJOURN TO CLOSED SESSION M. RECONVENE TO OPEN SESSION N. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting at 7:11 P.M. Arlene Schafe— Mi. ael Scheaf:r Secretary President