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Minutes - Board - 2020-02-24COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 24, 2020 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Burns (District Counsel), Marc Davis (District Treasurer), Michael Benesh (Interim District Engineer) Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager), Nabila Guzman (Management Analyst 1), Gina Terraneo (Management Analyst II & Acting District Clerk) Others present Judith Gielow (Citizens Advisory Committee Member, resident), Ryder Smith (Tripepi Smith), Michiko Soffer (resident), Shima Soffer Behrend (resident), Michael Brick (resident) Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Ferryman President Ferryman called the meeting to order at 4:30 P.M. Procedural: 2. Pledge of Allegiance - President Ferryman President Ferryman led the Pledge of Allegiance. Procedural: 3. Invocation - Vice President Ooten Vice President Ooten led the Invocation. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 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.) Acting District Clerk and Management Analyst ll, Gina Terraneo, conducted roll call and noted that all Board Members were present. Procedural: 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. None at this time. Procedural: 6. Ceremonial Matters and Presentations None at this time. B. Public Comments Procedural: 1. Public Comments President Ferryman opened public comments. Seeing no one wishing to speak, he closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of January 14, 2020 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of January 27, 2020 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. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Action, Action (Consent): 5. Adopt Warrant Resolution No. CMSD 2020-08 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2020-08 approving District warrants for the month of January in the amount of $848,297.83. Action (Consent): 6. Payroll Transparency Disclosure for January 2020 Recommendation: That the Board of Directors approve and file the report. Action, Action (Consent): 7. Accept the occupancy count as presented as 22,926 and direct staff to prepare a warrant to CR&R Environmental Services for $237,593.60 for January 2020 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 22,926 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $237,593.60 to be ratified in the February 2020 warrant list. Action, Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $217,644.47 for January 2020 recycling and disposal services in the February 2020 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $217,644.47 for January 2020 recycling and disposal services to be ratified in the February 2020 warrant register. Action (Consent): 9. Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Action (Consent): 10. Investment Report for the Month of January 2020 Recommendation: That the Board of Directors approve the Investment Report for the month of January 2020. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Mike Scheafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER'S REPORTS COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Action: 1. Reclassifying the Part-time Accounting Clerk Position to Full-time Status Recommendation: That the Board of Directors consider approving reclassifying the part- time Accounting Clerk position to full-time status. Finance Manager, Kaitlin Tran, provided report details. She explained that the Finance Department formerly consisted of 3 full-time positions (Finance Manager, Senior Accountant, and Administrative Assistant II), but due to unanticipated events, the department currently consists of a Finance Manager, Accountant, and part-time Accounting Clerk. She noted that it is challenging to keep up with department activities due to the District's growth over the last few years, and additional assistance is needed for completing accounts receivable, cash receipts, and general departmental support during staff absences. Ms. Tran shared that the Board of Directors is being asked to consider approving the reclassification of the part-time Accounting Clerk position to full-time status. She added that, if approved, the recruitment will begin in March 2020 and the selected candidate will have a target start date in May 2020. She noted that there are sufficient funds in the Solid Waste and Wastewater Funds to cover May through June of 2020; however, a budget adjustment would be needed to cover the fully burdened cost of $74,500 in Fiscal Year 2020-2021. Motion: To approve reclassifying the part-time Accounting Clerk position to full- time status. Motion by Bob Ooten, second by Arlene Schafer. Director Perry inquired about the salary range of the Accounting Clerk position. Ms. Tran noted that the salary range was not included in the staff report, but staff can provide this information shortly. Secretary Schafer asked if District staff compared the salary range with similar positions at other agencies. Ms. Tran noted that a Classification and Compensation Study was completed in April of 2019, and this Study was used to determine the salary range for the position. Director Perry requested that District staff provide the proposed salary range for the position before the Board takes its vote on this item. Director Scheafer commented that not many people are looking for part-time work, so it may be difficult to recruit for a part-time Accounting Clerk. He asked if the part-time and full-time Accounting Clerk positions have any differences in their required education and experience level. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Ms. Tran noted that there is no difference between these requirements for the part- time and full-time positions. Director Scheafer inquired whether the position needs to become a Certified Public Accountant (CPA). Ms. Tran noted that the District encourages professional development, but it does not require the candidate to be a CPA. Discussion followed regarding the position's duties and the potential impact of increased development in Costa Mesa. Vice President Ooten confirmed that the part-time Accounting Clerk position is currently vacant. President Ferryman continued on to Item E2 in order to give District staff some time to locate the proposed salary range for the full-time Accounting Clerk. He stated his intent to return to this item later in the meeting. Action: 2. Refund of Wastewater and Solid Waste Assessment - APN 422-102-09 Bernard Street Recommendation: That the Board of Directors provide direction to staff on a refund for APN 422-102-09. Management Analyst I, Nabila Guzman, shared that the Board of Directors previously received a request from Mrs. Mochiko Soffer to obtain a refund for overpaid solid waste and wastewater assessment fees. She noted that Mrs. Soffer's property was incorrectly classified as a 3-unit multi -family property by the City of Costa Mesa and was charged accordingly for at least 15 years. Ms. Guzman explained that Mrs. Soffer's previous request did not specify the number of years for which she was requesting a refund; however, she recently submitted a request for 20 years of overpaid assessment fees and provided copies of paid property taxes for all 20 years. She noted that the staff report includes a breakdown of the overpayment, totaling $1,264.15 for wastewater assessments and $8,825.00 for solid waste assessments. Director Perry expressed concern regarding potential litigation due the language in the letter attached to the staff report. District Counsel, Alan Burns, noted that the law and District policy provides for refunds limited to 180 days for overpaid wastewater assessments and 1 year for overpaid solid waste assessments. He noted that the Board saw fit to waive this policy to refund Mr. Michael Brick for overpaid wastewater assessments due to extenuating circumstances during the previous Board Meeting. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 General Manager, Scott Carroll, commented that the Board approved Mr. Brick's request because it was deemed to be a property classification error made by District staff. Additionally, he commented that Mrs. Soffer's classification error was made by the City of Costa Mesa, and therefore is not the District's responsibility to refund. Mr. Burns commented that the Board has solid legal grounds to deny this request. He noted that if the Board decides to approve this request, they must make a finding to explain why the statute of limitation is being waived. Director Perry asked if the City of Costa Mesa staff was working on behalf of the District during the time period when the misclassification error was made. Mr. Burns commented that the staff responsible for classifying properties would likely have been in the City of Costa Mesa's planning department (not District staff). He added that District staff relied upon the City of Costa Mesa's data to collect assessments. Director Scheafer verified that Mr. Brick was refunded for a total of 14 years for wastewater assessments. Director Perry commented that the District should pay back the amount owed to Mrs. Soffer for the past 20 years, since the District refunded Mr. Brick for the amount he requested. He noted that he did not vote in favor of the refund given to Mr. Brick, but he explained that since Mr. Brick's request was granted, he believes the Board should refund Mrs. Soffer also. Motion: To provide a refund for 20 years of overpaid solid waste and wastewater assessments for APN 422-102-09 in the amount of $10,089.15. Additionally, the Board of Directors made a finding that the property owner faced extenuating circumstances due to the property being misclassified by the City of Costa Mesa as a 3-unit multi -family property (when it was in fact a single family property), which resulted in an overpayment of assessments to the District. Director Scheafer commented that the Board set a precedent with the approval of Mr. Brick's refund. He commented that he believes that ratepayers have a responsibility to monitor their rates, but he noted that there were no significant spikes in Mrs. Soffers' rates that would have indicated that she was overpaying. He noted that the District is responsible for the charges, since the District collected the payments. Secretary Schafer asked if District staff contacted the City of Costa Mesa regarding this matter. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Ms. Guzman noted that District staff contacted the City to verify the incorrect classification of the property. She added that the City has not changed their classification of this property, but the District has updated the property information in its system. Director Perry reiterated that it is the District's obligation to pay Mrs. Soffer back, regardless of whether the misclassification was made by the City of Costa Mesa. Director Scheafer requested that District staff bring back a policy to address the statute of limitation for refunds for overpaid assessments. Mr. Burns noted that there is a policy in place already and the Board would be waiving the policy if they approve this refund in the full amount. Director Scheafer confirmed that the Board also has the option of abiding by the aforementioned statute of limitation. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Director Scheafer confirmed that District staff will contact the applicant and provide the refund payment. Shima Soffer Behrend, the daughter of the refund requester, thanked the Board of Directors for their decision. There was no further discussion. Action: 1. Reclassifying the Part-time Accounting Clerk Position to Full-time Status (continuation) Recommendation: That the Board of Directors consider approving reclassifying the part- time Accounting Clerk position to full-time status. President Ferryman returned to Item E1. Ms. Tran shared that the salary range for the full-time Accounting Clerk is $48,984- $66,128, not including benefits. She provided copies of the salary schedule to the Board of Directors, District staff, and the public. Director Perry inquired about the cost of benefits. Ms. Tran noted that benefits would be about 30-35% of the salary. Discussion followed regarding the salary range for the Accounting Clerk position. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 ...........___ Motion: To approve reclassifying the part-time Accounting Clerk position to full- time status. 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 was no further discussion. Action: 3. Award the Communications Support and Strategy RFP Recommendation: That the Board of Directors: 1) Approve budget adjustments in the amount of $28,000 in the Solid Waste Fund and $47,000 in the Wastewater Fund; and 2) Authorize the General Manager to enter into an agreement with Tripepi Smith. Ms. Guzman shared that the Solid Waste Ad Hoc Committee and District staff are recommending that the firm Tripepi Smith be awarded a contract for communications support and strategy services. She explained the request for proposal process, during which applicants submitted proposals and underwent interviews with the Solid Waste Ad Hoc Committee. Ms. Guzman noted that the top 3 rated firms were asked for updated 12-month cost proposals in response to a revised scope of services, and Tripepi Smith's total project cost came to $94,000 (with an optional add -on of website design and support services for $30,605). She added that CR&R agreed to contribute $19,000 toward the cost of this project, and that District staff is proposing to use savings found in the Solid Waste and Wastewater Funds to fund this contract. Director Perry inquired about CR&R's contribution. Ms. Guzman noted that CR&R's contribution is separate from their annual contribution toward solid waste education and outreach. Discussion followed regarding CR&R's contribution. Director Perry inquired about Tripepi Smith's location. Ms. Guzman noted that Tripepi Smith is based in Tustin, CA. Vice President Ooten indicated support for District staffs recommended action. He commented that the District has not been very successful in getting residents to participate in its solid waste programs, and that the firm can help the District communicate its focuses more effectively. He suggested that District staff find out what CR&R wants in exchange for their contribution toward the project, and he requested that the firm create a detailed work plan to achieve District goals. Vice President Ooten commented that he is not interested in redesigning the District's COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 website yet, and would prefer that the firm focus on the communications efforts for the Organics Recycling Program. Ryder Smith, President of Tripepi Smith, introduced himself and noted that he is available to answer questions. Director Scheafer noted that Tripepi Smith was not initially the Solid Waste Ad Hoc Committee's recommended firm; however, District staff revised the scope of services and Tripepi Smith provided the best revised cost proposal in response to the revised scope. He noted that the firm that was initially recommended (JPW Communications) submitted a revised cost proposal that nearly tripled their original cost proposal. He added that Tripepi Smith is more local to the District than the other firms, and he indicated agreement with recommending Tripepi Smith. Director Perry inquired about the revised scope of services. Director Scheafer noted that the revised scope was more focused and provided specific tasks for the firms. He noted that the Solid Waste Ad Hoc Committee's recommendation was unanimous and he commended Citizens Advisory Committee Members Elodie Katz and Monte Fields for their input on this matter. Director Perry asked if the Solid Waste Ad Hoc Committee will continue meeting. Director Scheafer noted that he asked District staff to schedule a special meeting for Tripepi Smith to present to the Board of Directors. Vice President Ooten noted that the Committee was developed to discuss diversion strategies and solid waste related issues. Secretary Schafer commented that she would like the firm to help the District become better known in the community. Motion: To approve budget adjustments in the amount of $28,000 in the Solid Waste Fund and $47,000 in the Wastewater Fund, and authorize the General Manager to enter into an agreement with Tripepi Smith. Motion by Mike Scheafer, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Action: 4. Provide Direction Regarding Termination Provision of District Engineer Agreement Recommendation: That the Board of Directors provide direction to staff. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Mr. Carroll provided an overview of the District's history with Robin B. Hamers & Associates (RBH) and noted that the District's 2009 contract with RBH includes a six-month termination clause. He explained that District staff is proposing an amendment to update the termination clause to a 30-day termination clause. He noted that the current President of RBH (since Rob Hamers' passing), Michael Benesh, does not agree with the proposed amendment and requests that the terms of the 2009 contract continue to apply to him. Mr. Carroll noted that the Board of Directors directed staff to allow RBH to continue providing District Engineering services for a period of 6 months, at which time District staff will report back regarding the services. He noted that District staff is recommending that the Board either approve proposed Amendment No. 3 or approve giving RBH a 6-month notice of termination now (based upon the terms of the 2009 agreement), which will allow the Board to re-evaluate whether they would like to terminate services in 6 months or create a new agreement with RBH in 6 months. Vice President Ooten commented that he believes the Board has the appropriate authority to terminate or limit RBH's services under the existing 2009 contract. He indicated that he does not support making any changes to the contract. Mr. Burns reiterated that giving a 6-month notice of termination now allows the Board the option to decide in six months whether they would like to continue receiving engineering services through RBH through a new contract, or terminate the contract at that time. Director Perry indicated agreement with Vice President Ooten. Secretary Schafer noted that if the Board does not give the 6-month notice of termination now and become dissatisfied with RBH after the 6 month trial period, the District would still be required to pay RBH's last 3 month's billings according to the 2009 contract. Vice President Ooten commented that this payment serves as a severance payment. Mr. Carroll clarified that Vice President Ooten was referring to the Board's authority to determine whether RBH is awarded capital improvement project contracts, but he noted that District staffs recommendations are in reference to District Engineering services (which are different from capital improvement project contracts). He noted that a 30-day termination clause is standard among District contracts. Mr. Burns noted that when the Board of Directors gave District staff direction to alter the District's inspection services under RBH's 2009 contract, Mr. Hamer's challenged the District's right to reduce these services under this contract. He strongly suggested that the Board approve one of District staffs recommendations COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 in order to allow the District to negotiate from a position of strength. He commented that the 6-month termination clause is generous compared to industry standards, and he noted that he and the District Treasurer both have 30-day termination clauses in their contracts. RBH President and Interim District Engineer, Michael Benesh, commented that when he agreed to continue providing District Engineering services, he agreed to abide by the 2009 contract. He added that he is happy to do what the Board wants, but he believes there should be some discussion. Director Scheafer commented that from a consistency and transparency standpoint, he supports implementing a 30-day termination clause through the proposed amendment. He commented that ratepayers will ask why the District's contracts are not consistent. He added that he believes the 30-day termination clause should have applied to Mr. Harriers also. Discussion followed regarding the process for sending a notice of termination. Mr. Burns asked if Mr. Benesh is willing to agree to the 30-day termination clause. Mr. Benesh responded that he is willing to agree to the 30-day termination clause; however, if the contract is being renegotiated, he would like to discuss other terms as well. Vice President Ooten suggested referring this item to the next Study Session. He commented that the District is moving slow with capital improvement projects currently. President Ferryman commented that the District should give RBH time to get back to its regular pace. Mr. Burns noted that it may be premature to get a new contract written and agreed upon before the 6-month trial period is complete. Mr. Carroll reiterated the recommendations to either give RBH a 6-month notice of termination now or approve the proposed amendment to implement a 30-day termination clause. Director Scheafer requested clarification regarding the recommendation stated in the staff report. Mr. Burns suggested that the District give RBH a 6-month termination notice now, so that the Board has the right to either terminate services after 6 months or develop a new contract after 6 months. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Director Scheafer expressed that he finds the recommendation confusing. Mr. Carroll noted that the Board does not have to provide direction based on staffs recommendations. Motion: To issue a 6-month notice of termination to Robin B. Hamers & Associates (RBH) in order to allow the District to evaluate RBH over the course of a 6-month trial period and determine whether engineering services will continue or terminate at the end of the 6-month trial period. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 4-1 Aye: Arlene Schafer, Bob Ooten, Jim Ferryman, Mike Scheafer No: Art Perry 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 receive and file the report. There was no discussion and the report was received. Receive and File: 2. Declaration of Conflict of Interest, Recusal and Referral to Alternate District Engineer: 396 E. 21st St. (Mobile Homes) — Peter Zehnder Recommendation: That the Board of Directors receive and file the report. Motion: To approve the Declaration of Conflict of Interest. 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 was no discussion. Receive and File: 3. Declaration of Conflict of Interest, Recusal and Referral to Alternate District Engineer: 126 E. 22nd St., Costa Mesa — St. Mary Armenian Apostolic Church LLC Recommendation: That the Board of Directors receive and file the report. Motion: To approve the Declaration of Conflict of Interest. 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 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 There was no discussion. G. TREASURER'S REPORTS Nothing to report. H. ATTORNEY'S REPORTS Nothing to report. 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 Ferryman) President Ferryman shared that he attended an OCSD Committee Meeting. He noted that the mid -year financial report was approved. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry noted that there was no SARFPA meeting this month. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer shared about the presentation on voting during the last ISDOC Quarterly Meeting. She added that Vicki Osborn, the Director of Emergency Management for the Water Emergency Response Organization of Orange County (WEROC), also attended the meeting. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that CSDA announced that the annual conference will be held in Indian Wells in August. She noted that she will be going to Sacramento for a Legislative Committee Meeting in March. 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24, 2020 Director Scheafer shared that he attended the SDRMA meeting, and he noted that SDRMA's Chief Financial Officer resigned. He noted that he will be attending the SDRMA conference in Monterey. 6.Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Director Perry noted that he attended the Water Advisory Committee of Orange County (WACO) Meeting where they discussed sewer capacity for Costa Mesa's new developments. He added that he attended the Costa Mesa City Council Meeting where they discussed allowing push cart food vendors. He requested that this subject be addressed during the next Liaison Committee Meeting. J. OLD BUSINESS None at this time. K. NEW BUSINESS None at this time. L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments President Ferryman shared that he read an interesting article regarding the use of wind turbines to generate electricity in the Cities of Portland and Riverside. He requested District staffs assistance with getting in contact with the City of Riverside to learn more about this project. M. ADJOURN TO CLOSED SESSION President Ferryman adjourned the meeting to closed session at 5:55 P.M. to discuss the following: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Government Code Section 54956.9(d)(1) Steve Hodges v. Costa Mesa Sanitary District, Scott Carroll OCSC # 30-2019- 01102477-CU-OE-CJC N. RECONVENE TO OPEN SESSION AND REPORT OF ACTION TAKEN COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 24,2020 President Ferryman reconvened the meeting to open session at 6:05 P.M. and reported that the Board of Directors voted to waive any conflict, of positive or negative interest, and to have the same firm represent the General Manager and the Board in Steve Hodges v. Costa Mesa Sanitary District, Scott Carroll OCSC # 30-2019-01102477-CU-OE-CJC, O. CLOSING ITEMS Procedural: 1. Adjourn President Ferryman adjourned the meeting at 6:06 P.M. Arlene Schafer Secretary C�EA 4 Ja es Ferryman I P sident