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Minutes - Board - 2017-02-23 wst,SANtri*fr CJEll \."7--- 4,„ qAM, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 23, 2017 Members present Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent Arlene Schafer Staff present sent Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Robin Hamers (District Engineer), Wendy Davis (Finance Manager), Jacque Rogers (District Treasurer), Dyana Bojarski (Management Analyst II), Gina Terraneo (Management Analyst I) Others present Brian Reed (Orange County Sanitation District), Mark (Orange County uer Esquer Sanitation District) Meeting called to order at 5:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 5:30 P.M. Procedural: 2. Pledge of Allegiance President Scheafer led the pledge of allegiance. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23,2017 Procedural: 3. Invocation President Scheafer led the invocation. Procedural: 4. Roll Call District Clerk, Noelani Middenway, conducted roll call. Mike Scheafer, Jim Ferryman, Bob Ooten, and Art Perry were present. Arlene Schafer was not 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. Seeing no one wishing to speak, he closed public comments. B. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent): 2. Approve the Board of Directors Study Session Meeting Minutes of January 10, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 3. Approve the Board of Directors Regular Meeting Minutes of January 26, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Approve Payroll Transparency Disclosure for January 2017 Recommendation: That the Board of Directors approve and file the report. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23,2017 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. Receive and File Sewer Lateral Assistance Program (SLAP) Update for January 2017 Recommendation: That the Board of Directors receive and file this report. Action (Consent): 7. Receive and file CCTV (Closed Circuit TV) Pilot Program Report Recommendation: That the Board of Directors receive and file the report. Action (Consent): 8. Adopt Warrant Resolution No. CMSD 2017-08 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2017-08 approving District warrants for the month of January 2017 in the amount of $837,743.02. Action (Consent): 9. Accept the occupancy count as presented as 22,483 and direct staff to prepare a warrant to CR&R Environmental Services for $220,229.98 for January 2017 collection. Recommendation: That the Board of Directors accept the occupancy count as presented using 22,483 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of$220,229.98 to be ratified in the February 2017 warrant list. Action (Consent): 10. Approve the preparation of a warrant to CR Transfer in the amount of $198,649.40 for January 2017 recycling and disposal services to be ratified in the February 2017 warrant register. Recommendation: That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $198,649.40 for January 2017 recycling and disposal services to be ratified in the February 2017 warrant register. Action (Consent): 11. Approve Investment Report for the month of January 2017 Recommendation: That the Board of Directors approve the Investment Report for the month of January 2017. Action (Consent): 12. Adopt Resolution No. 2017-894 Ordering that Publication of Ordinance No. 117 has Occurred Recommendation: That the Board of Directors adopt Resolution No. 2017-894 Ordering that Publication of Ordinance No. 117 clarifying when elected candidates take office and changing District's headquarters has occurred. 1 I COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2017 Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors approved the Consent Calendar and there were no further questions or discussion. • C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS Action: 1. Approving Site Access and License Agreement with Orange County Sanitation District for a Permanent Odor Control Treatment Facility at Mendoza Pump Station Recommendation: That the Board of Directors approve the Site Access and License Agreement with Orange County Sanitation District to allow a permanent odor control treatment facility to be installed at the Mendoza Pump Station. General Manager, Scott Carroll, presented the proposed Site Access and License Agreement with Orange County Sanitation District (OCSD) to allow a permanent odor control treatment facility to be installed at Mendoza Pump Station. He noted that an 8,400 gallon chemical tank would be installed at the pump station. Director Perry asked if the District would need to get approval from any other agencies and if the District would have to notify residents. Mr. Carroll noted that OCSD would go through the appropriate approval processes and notify residents. He added that the project plan includes a secondary tank and an alarm system that will notify OCSD in case of a leak in the primary tank. Mr. Carroll noted that the District would have to relocate equipment to the Orange Coast College boat yard in order to make room for the tank and OCSD would cover the $12,600 annual storage cost. District Engineer, Robin Hamers, noted that he reviewed OCSD's plans and indicated support for the recommended action. Brian Reed of OCSD added that OCSD plans to install a new, higher fence around Mendoza Pump Station to protect the tank. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23,2017 Director Perry asked if Mendoza Pump Station will be a permanent site for the tank and if staff considered the Costa Mesa City Yard for storage. Mr. Carroll noted that Mendoza Pump Station will be a permanent site for the tank and that staff did not look at the Costa Mesa City Yard for storage. Mr. Hamers added that the Costa Mesa City Yard has minimal space left for storage. Motion: To approve the Site Access and License Agreement with OCSD to allow a permanent odor control treatment facility to be installed at the Mendoza Pump Station. Motion by Bob Ooten, second by Jim Ferryman. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors approved the Site Access and License Agreement with OCSD to allow a permanent odor control treatment facility to be installed at the Mendoza Pump Station. There were no further questions or discussion. Discussion: 2. Receive and File 2015-20 Strategic Plan Quarterly Update - 2nd Quarter Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, presented the Strategic Plan Quarterly Update and welcomed any questions from the Board of Directors. There were no questions or discussion and the report was received. Action: 3. Approve General Manager's 2017 Performance Goals Recommendation: That the Board of Directors approve the General Manager's 2017 Performance Goals. General Manager, Scott Carroll, presented his 2017 Performance Goals and welcomed any questions or discussion from the Board of Directors. President Scheafer requested that Mr. Carroll add a goal to negotiate a new contract with CR&R. Assistant Secretary Ooten commented that additional strategic elements should be developed for solid waste goals. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2017 Director Perry asked if Mr. Carroll would involve other agencies in Emergency Operations Center (EOC) exercises, citing goal #1. Mr. Carroll noted that the EOC exercises will include only District staff in order to familiarize staff with EOC functions. He added that Kelly Hubbard of the Water Emergency Response Organization of Orange County (WEROC) may be asked to join the exercises. President Scheafer asked if all elected officials are required to participate in EOC training. Mr. Carroll noted that staff would find out. Motion: To approve the General Manager's 2017 Performance Goals. Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors approved the General Manager's 2017 Performance Goals. Director Perry asked if President Scheafer plans to have a follow-up meeting with Mr. Carroll to discuss the goals. President Scheafer confirmed that he will meet with Mr. Carroll. There were no further questions or discussion. Action: 4. Approve Reclassifying the Part-Time Maintenance Assistant Position to Full-time Status Recommendation: That the Board of Directors approve reclassifying the part-time Maintenance AssistantP osition to full-time status. Management Analyst II, Dyana Bojarski, presented the recommendation to reclassify the part-time Maintenance Assistant position to full-time status, as discussed at the February 14, 2017 Study Session. President Scheafer requested clarification regarding whether the District will be opening the position to the public. Ms. Bojarski noted that the District will not be opening the position to the public, but rather reclassifying the existing employee. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2017 Motion: To approve reclassifying the part-time Maintenance Assistant position to full-time status. Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors approved reclassifying the part-time Maintenance Assistant position to full-time status. There were no further questions or discussion. E. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File Capital Improvement Projects Status Report Recommendation: That the Board of Directors receive and file this report. District Engineer, Robin Hamers, presented the Capital Improvement Projects Status Report and welcomed any questions from the Board of Directors. President Scheafer asked if a manhole replacement project was being conducted near his residence. Mr. Hamers noted that the District is conducting a manhole surface repair project at several locations, including near President Scheafer's residence. President Scheafer asked if the February 17-19, 2017 storms created any issue for ongoing projects. Mr. Hamers noted that the storms have exacerbated the need for rehabilitation ii projects. There were no further questions or discussion and the report was received. Action: 2. Receive and File Declaration of Conflict of Interest - 365 Esther Street Recommendation: That the Board of Directors receive and file the District Engineer's declaration of conflict of interest for 365 Esther Street. District Engineer, Robin Hamers, declared a conflict of interest for a private engineering project at 365 Esther Street. There were no further questions or discussion and the report was received. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2017 Action: 3. #315 19th Street Pump Station Electrical Improvements - Approve: Bid Opening, Award of Contract, Establish Contingency and Transfer of Funds Recommendation: That the Board of Directors: 1. Award a contract to the lowest responsive and responsible bidder, California Building Evaluation & Construction Inc., in the amount of $150,900. 2. Approve a contingency of 10% in the amount of $15,090. 3. Transfer$58,260 from Indus Relining Project#310 Account 20-201310-4300. District Engineer, Robin Hamers, presented the bid opening, award of contract, and establishment of contingency and transfer of funds for Project #315 19th Street Pump Station Electrical Improvements. He noted that there is a revision to the scope of work for proposed improvements that has increased the cost beyond the original budget. Director Perry asked if the project will affect Banning Ranch. Mr. Hamers noted that the project will not affect Banning Ranch. Assistant Secretary Ooten asked if the generator will be enclosed. Mr. Hamers noted that the generator will be exposed, but a high fence will be built around it. Motion: To award a contract to the lowest responsive and responsible bidder (California Building Evaluation & Construction Inc.) in the amount of$150,900, to approve a contingency of 10% in the amount of$15,090, and to transfer $58,260 from Indus Relining Project#310 Account 20-201310-4300. Motion by Bob Ooten, second by Jim Ferryman. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors awarded a contract to the lowest responsive and responsible bidder (California Building Evaluation & Construction Inc.) in the amount of $150,900, approved a contingency of 10% in the amount of $15,090, and transfered $58,260 from Indus Relining Project #310 Account 20-201310- 4300. There were no further questions or discussion. F. TREASURER'S REPORTS None at this time. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23,2017 G. ATTORNEY'S REPORTS None at this time. District Counsel, Alan Burns, commented that there is an upcoming trial on March 13, 2017 and he will report to the Board of Directors after the trial. Director Perry asked if the trial will be completed in one day and if a decision will be made. Mr. Burns noted that the judge has up to 90 days to issue a ruling. 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) - (Vice President Ferryman) Vice President Ferryman shared that he attended the OCSD meeting on February 22, 2017. He noted that CalTrans will be changing the entrance to OCSD's facility and that OCSD will be relocating their administration building to a newly acquired property. Assistant Secretary Ooten shared that he went to OCSD's Operations Committee meeting and provided an overview of notable projects. He shared that 568 million gallons of water entered OCSD's system during the February 17-19, 2017 storms. He also shared that he attended the Water Advisory Committee of Orange County (WACO) meeting and noted that there was an update given on approved federal legislation called the Water Infrastructure Improvements for the Nation (WIIN)Act that aims to provide for critical water infrastructure projects. Information: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry noted that there was no SARFPA meeting to report on. Information: 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2017 President Scheafer shared that he attended the ISDOC meeting. He reported that there was discussion of the Local Agency Formation Commission (LAFCO) and ISDOC's status as a non-profit entity. Information: 4. California Special Districts Association (CSDA) - (Secretary Schafer) President Scheafer noted that Secretary Schafer is not present and therefore there will be no CSDSA update. Information: 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer shared that he attended the SDRMA Board Meeting. He noted that there will be no increase in the workers compensation rate, however there will be a 10% increase in the property rate. Information: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 President Scheafer shared the he and Vice President Ferryman attended the Orange County Council of Governments (OCCOG) meeting today. He reported that there was discussion of sanctuary cities. He also shared that he attended the Public Agency Risk Management Conference and the luncheon for the Los Angeles Chargers. Director Perry shared that he attended the Costa Mesa City Council meeting earlier in the week. I. OLD BUSINESS None at this time. J. NEW BUSINESS Action: 1. Approve Support of Secretary Schafer for Re-election to the CSDA Board of Directors - Oral Report Recommendation: That the Board of Directors approve supporting Secretary to run for re-election to the CSDA Board of Directors. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23,2017 General Manager, Scott Carroll, presented the recommendation to approve supporting Secretary Schafer to run for re-election to the CSDA Board of Directors. Motion: To approve supporting Secretary to run for re-election to the CSDA Board of Directors. Motion by Jim Ferryman, second by Bob Ooten. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors approved supporting Secretary Schafer to run for re- election for the CSDA Board of Directors. There were no questions or discussion. Action: 2. Adopt Resolution No. 2017-895 Nominating 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. 2017-895 Nominating President Scheafer as a Candidate for Election to the Special District Risk Management Authority (SDRMA) Board of Directors. Motion: To adopt Resolution No. 2017-895 Nominating President Scheafer as a Candidate for Election to the Special District Risk Management Authority (SDRMA) Board of Directors. Motion by Bob Ooten, second by Jim Ferryman. Final Resolution: Motion Carries, 4-0-1 Aye: Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer The Board of Directors adopted Resolution No. 2017-895 nominating President Scheafer as a candidate for election to the Special District Risk Management Authority (SDRMA) Board of Directors. There were no questions or discussion. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments President Scheafer congratulated Mr. Carroll and the wastewater maintenance crew for their response during the February 17-19, 2017 storms. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23,2017 Director Perry asked if District staff were notified when the power outages occurred at District pump stations during the storms. Mr. Carroll shared that staff was notified of the power outages. Discussion followed regarding CR&R collection vehicles. L. CLOSED SESSION Procedural: 1. Adjourn to Closed Session - Public Employee Performance Evaluation (Gov. Code 54957) -Title: General Manager President Scheafer adjourned the meeting to closed session at 6:17 P.M. Procedural: 2. Reconvene to Open Session President Scheafer reconvened to open session at 6:36 P.M. and reported that the General Manager's performance evaluation was positive. M. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting at 6:37 P.M. 1 N, 1 \ 1 k s Arlene Schafer Michael Scheaf•r Secretary \ President