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Minutes - Board - 2017-10-26 ye %No" COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 26, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, James Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Wendy Davis (Finance Manager), Kaitlin Tran (Senior Accountant), Marc Davis (District Treasurer), Robin Hamers (District Engineer) Others present None 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. Procedural: 3. Invocation Vice President Ferryman led the invocation. Procedural: 4..Roll Call District Clerk, Noelani Middenway, conducted roll call and all Board Members were present. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 Presentation, Procedural: 5. Ceremonial Matters and Presentations President Scheafer presented a proclamation to District Treasurer, Marc Davis, of Davis Farr, LLP for being recognized by the Orange County Business Journal as one of the 50 most community-minded companies in Orange County. Mr. Davis thanked the Board of Directors and discussed some of Davis Farr's community-related programs. 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, 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. Action (Consent): 2. Approve the Board of Directors Study Session Meeting Minutes of September 12, 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 September 21, 2017 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 2018-04 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2018-04 approving District warrants for the month of September 2017 in the amount of $2,869,285.87. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 Action (Consent): 6. Approve Payroll Transparency Disclosure for September 2017 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Approve the preparation of a warrant to CR Transfer in the amount of $196,985.21 for September 2017 recycling and disposal services in the October 2017 warrant register Recommendation: Approve the preparation of a warrant to CR Transfer in the amount of $196,985.21 for September 2017 recycling and disposal services to be ratified in the October 2017 warrant register. Action (Consent): 8. Accept the occupancy count as presented as 22,518 and direct staff to prepare a warrant to CR&R Environmental Services for $220,572.82 for September 2017 collection Recommendation: Accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for September 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the October 2017 warrant list. Action (Consent): 9. Receive and file CCTV (Closed Circuit TV) Program Report Recommendation: That the Board of Directors receive and file the 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, Jim Ferryman, Mike Scheafer There were no further questions or discussion. C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS Discussion, Receive and File: 1. Receive and File FY 2015-20 Strategic Plan Quarterly Update - 1st Quarter Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, presented the Fiscal Year 2015-20 Strategic Plan Quarterly Update for the 1st Quarter. For clarification, he explained the significance of each color used in the "Completion Timeline" column of the report's attachment. There were no questions or discussion and the report was received. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26,2017 Action: 2. Consider Approving Commercial Driver's License Pay Recommendation: That the Board of Directors approve benefit pay for Wastewater Maintenance classifications that are required to maintain a valid California Commercial Driver's License for the performance of their assigned job duties. Mr. Carroll presented a proposal to consider benefit pay for Wastewater Maintenance classifications that are required to maintain a valid California Commercial Driver's License for the performance of their assigned job duties. He noted that the idea stemmed from an employee satisfaction survey that was conducted recently by the District. He added that staff conducted research to find out how much other similar agencies provide as a benefit for these licenses. Lastly, Mr. Carroll noted that the purpose of this benefit would be to attract and retain employees. President Scheafer asked why Santa Margarita Water District provides such a large benefit for the Class A License. Mr. Carroll replied that it could be related to union negotiations. He noted that the District does not require a Class A License for Wastewater Maintenance classifications. President Scheafer asked how often the District verifies that staff maintains these licenses. Mr. Carroll replied that the licenses are verified quarterly and that the Department of Motor Vehicles notifies the District if Wastewater Maintenance staff receive any points on their driving records. Discussion followed regarding how often staff must re-apply for commercial licenses. Mr. Carroll noted that staff is proposing benefit pay of $260 annually, in order to stay competitive with Irvine Ranch Water District and other local agencies. Discussion followed regarding when staff will receive the benefit payment, should the benefit be approved, and the costs of training and obtaining the licenses. Motion: To approve benefit pay for Wastewater Maintenance classifications that are required to maintain a valid California Commercial Driver's License for the performance of their assigned job duties. 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 COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 There were no further questions or discussion and the recommendation was approved. Action: 3. Consider Approving the Costa Mesa Chamber of Commerce Contribution Application for Costa Mesa Public Safety Recognition Celebration Event Recommendation: That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa Public Safety Recognition Celebration Event; and 2. Describe how the expenditure will advance CMSD's purpose. Mr. Carroll presented a Contribution Application that was received from the Costa Mesa Chamber of Commerce to request $1,000.00 for the Costa Mesa Public Safety Recognition Celebration. He noted that the Board of Directors must establish the purpose the District is trying to serve as a contributor and describe how the expenditure will advance the District's purpose. Mr. Carroll indicated that the purpose stated on the application does not meet the District's criteria. He added that the Board of Directors could take the following alternative actions if they choose not to approve the application: approve a non-monetary contribution, such as reusable grocery bags, or ask the Chamber to resubmit the application form with an updated description of how the contribution would benefit the District. Secretary Schafer asked if staff considered contributing sharps containers. Mr. Carroll replied that sharps containers are usually distributed as a service to residents and they would not necessarily be beneficial to all public safety employees. Director Perry asked for confirmation of the event date. Mr. Carroll noted that he was unsure of the exact date of the event. President Scheafer indicated agreement with Mr. Carroll that the application did not specify how the contribution would benefit the District or promote District programs. He suggested that the District ask the Chamber of Commerce to 99 submit an updated application with further information. Director Perry asked if the District financially contributed to this event previously. Mr. Carroll replied that the District had not contributed financially, but had provided promotional items for last year's event. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 Secretary Schafer indicated agreement with President Scheafer's suggestion and recommended that a letter to be sent to the Chamber of Commerce. Motion: The Board of Directors directed staff to request additional information from the Chamber of Commerce on how the District's purpose would be furthered and bring the item back to a future agenda. 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 questions or discussion. Action: 4. Receive and File the First Quarter Budget Review for FY 2017-18. Recommendation: That the Board of Directors receive and file this report. Kaitlin Tran, Senior Accountant, provided report details for the First Quarter Budget Review for Fiscal Year 2017-18. She noted that 17.2% of the Solid Waste budget and $43.1% of the Wastewater budget have been expended. There was no discussion and the Board of Directors received the report. Action: 5. Carryover Appropriations and Carryover Encumbrances from Fiscal Year 2016-17 to Fiscal Year 2017-18 Recommendation: That the Board of Directors approve the re-appropriation of funds in the Fiscal Year 2017-18 for the carryover items from the prior fiscal year as detailed in Attachments A and B, and summarized as follows: 10 Solid Waste Fund Carryover Appropriations $15,000, Encumbrances $0 20 Wastewater Fund Carryover Appropriations $1,858,225, Encumbrances $101,301 Finance Manager, Wendy Davis, provided report details for the Carryover Appropriations and Encumbrances from Fiscal Year 2016-17 to Fiscal Year 2017-18. President Scheafer requested clarification regarding the pump station art wrap appropriation and its account classification. Assistant Secretary Ooten requested clarification regarding the President Pump Station appropriation. Motion: To approve the re-appropriation of funds in the Fiscal Year 2017-18 for the carryover appropriation items from the prior fiscal year as detailed in Attachment A and summarized as follows: 10 Solid Waste Fund Carryover Appropriations $15,000 20 Wastewater Fund Carryover Appropriations $1,858,225 Motion by Arlene Schafer, second by Art Perry. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Motion: To approve the re-appropriation of funds in the Fiscal Year 2017-18 for the carryover encumbrance items from the prior fiscal year as detailed in Attachment B and summarized as follows: 10 Solid Waste Fund Carryover Encumbrances $0 20 Wastewater Fund Carryover Encumbrances $101,301 Motion by Bob Ooten, 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 questions or discussion. Action: 6. Consider Adopting a Citizens Advisory Committee Recommendation: That the Board of Directors: 1. Adopts Administrative Policy No. 60.00; 2. Give preliminary approval of the Citizens Advisory Committee Handbook; and 3. Authorize staff to finalize the document after receiving District Counsel edits. Mr. Carroll presented the Administrative Policy and Citizens Advisory Committee Handbook for the proposed Citizens Advisory Committee (CAC). He noted that the CAC was brought to the Board of Directors for discussion on September 12, 2017 and that the Board directed staff to research the City of Costa Mesa's committee policies and procedures and report back with findings. Mr. Carroll described seven significant changes to the CAC policies that were made after conducting the requested research. He added that an official policy and handbook were established and are attached for consideration of approval. Director Perry requested clarification regarding the recommendation of CAC members by Board Members, as described in the staff report. Mr. Carroll noted that the Board of Directors would vote on the appointment of recommended members. Secretary Schafer asked if CAC information was distributed during the State of the District event on October 18, 2017. Ms. Middenway noted that staff distributed informational material and collected email addresses from interested individuals. President Scheafer confirmed that the CAC will be promoted through social media, the District newsletter, and other available promotional outlets. Director Perry asked how many members the CAC will have. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 Mr. Carroll noted that the District is hoping to have up to eleven members on the CAC. Secretary Schafer asked when the CAC will begin. Mr. Carroll replied that the CAC will begin on April 1, 2018. He added that the District will promote the CAC and the Board of Directors will appoint CAC members prior to this date. Director Perry requested a copy of the CAC Handbook. Discussion followed regarding the non-voting Board liaison to the CAC and the District staff members that would be involved in the CAC. Secretary Schafer confirmed that the District would need to record minutes and follow regular meeting notification requirements for the CAC. Motion: To adopt Administrative Policy No. 60.00, give preliminary approval of the Citizens Advisory Committee Handbook, and authorize staff to finalize the document after receiving District Counsel edits. 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. Action: 7. Approve Request for Rate Adjustment for Davis Farr, LLP Recommendation: That the Board of Directors approve Davis Farr request for a rate adjustment and direct the General Manager to execute an amendment to the Agreement between the Costa Mesa Sanitary District and Davis Farr, LLP. Mr. Carroll presented the requested rate adjustment. He noted that the adjustment was included in the approved Fiscal Year 2017-18 budget and that staff is seeking direction to draft an amendment to the current Davis Farr, LLP agreement to include this rate adjustment. Motion: To approve Davis Farr's request for a rate adjustment and direct the General Manager to execute an amendment to the Agreement between the Costa Mesa Sanitary District and Davis Farr, LLP. 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 There were no questions or discussion. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 E. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File Capital Improvement Projects Status Report Recommendation: The Board of Directors receive and file this report. District Engineer, Robin Hamers, provided report details. He addressed Assistant Secretary Ooten's prior comment regarding Project#317 and noted that there will be an approximate savings of $200,000-$250,000 at the time of the project's completion. President Scheafer provided comments regarding the placement of the District's emergency equipment and shared comments he received after the State of the District event. Discussion followed regarding the District's emergency operations plans. There were no further questions or discussion and the report was received. F. TREASURER'S REPORTS Action: 1. Approve Investment Report for the month of September 2017 Recommendation: That the Board of Directors approve Investment Report for the month of September 2017. District Treasurer, Marc Davis, provided Investment Report details. He noted that the total pooled cash and investments are down due to the District's dry period and the acquisition of the property on Fairview Road. Discussion followed regarding the collection of general property taxes. Motion: To approve the Investment Report for the month of September 2017. 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 II There were no further questions or discussion. G. ATTORNEY'S REPORTS Discussion: 1. Provide Update on CR&R Agreement Negotiations - Oral Report Recommendation: That the Board of Directors receive and file the oral report. President Scheafer addressed District Counsel, Alan Burns, and indicated that the Board of Directors may want to go into closed session regarding this item. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 Mr. Burns noted that the District does not have all of the documents necessary to make a final recommendation to the Board of Directors. He noted that the closed session item is not agendized. He explained that in order for the Board of Directors to go into closed session, a motion must be made to address the non- agendized item and a finding must be made that there is a need for the Board of Directors to take immediate action (a need that did not exist when the agenda was prepared). President Scheafer commented that there may not be a need to take immediate action if the District does not have all of the necessary information. Director Perry suggested that a recurring closed session item be added to future Board Meetings, while the District is in negotiations with CR&R. President Scheafer asked Mr. Burns which document the District is missing. Mr. Burns noted that the District is missing Exhibit A from a 2012 agreement between CR&R and the city in question. He noted that the city in question claims that the document does not exist. Discussion followed regarding the urgency of the matter. The Board of Directors expressed interest in holding a Special Meeting, if necessary, to resolve the matter. Mr. Burns provided an update regarding the District's Court of Appeals case regarding a regional water quality control fine. There were no further questions or discussion and the report was received. 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. Discussion: 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Vice President Ferryman shared that OCSD and Orange County Water District (OCWD) entered an agreement for the final expansion of the Groundwater Replenishment System (GWRS). Additionally he added that there were strides COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26,2017 made in OCSD's negotiations with Orange County Transportation Authority (OCTA). Assistant Secretary Ooten shared an update regarding OCSD's Strategic Plan. Discussion followed regarding OCSD's State of the District Breakfast. Discussion: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry noted that there was no SARFPA meeting. Discussion: 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer noted that he and Secretary Schafer attended the Executive Committee Meeting and the Quarterly Luncheon. He added that ISDOC is in the process of obtaining non-profit status and discussed an emergency operations presentation given by a representative from John Wayne Airport. Discussion: 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that she attended a CSDA regional tour of Orange County Water District, Orange County Cemetery District, and the Orange County Mosquito and Vector Control District. Additionally, she noted attending a meeting regarding portable restrooms for the homeless with Vice President Ferryman and a meeting regarding addressing homelessness in Costa Mesa. Discussion: 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer noted that the SDRMA Board Meeting will take place next week. Discussion: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Director Perry noted attending the Chamber of Commerce Breakfast. Secretary Ooten noted attending the Water Advisory Committee of Orange County (WACO) meeting. I. OLD BUSINESS None at this time. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 26, 2017 J. NEW BUSINESS None at this time. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS President Scheafer requested that staff create and distribute a press release for the Citizens Advisory Committee. j Assistant Secretary Ooten noted that he joined the Newport-Mesa Unified School District's (NMUSD) Citizens Oversight Committee. Director Perry requested an update regarding the inclusion of Mesa Water District and NMUSD in the discussion of mobile restrooms in Costa Mesa. President Scheafer noted that he will not be present at the November 14, 2017 Study Session. L. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting at 6:45 P.M. �.� „A, • Arlene Schafer I ael Schea er Secretary President