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Minutes - Board - 2020-07-27COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING JULY 27, 2020 Note: This meeting was conducted utilizing teleconferencing pursuant to Government code Section 54952.2 and the Governor's Executive Orders in effect waiving some of the requirements of that Section. Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Alan Burns (District Counsel), Marc Davis (District Treasurer), Michael Benesh (Interim District Engineer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management Analyst II) Others present Joseph Jenkins (EEC Environmental), Judith Gielow (Citizens Advisory Committee Member and District resident) Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order — President 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 JULY 27, 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.) District Clerk and Public Information Officer, Noelani Middenway, conducted roll call and noted that President Ferryman, Vice President Ooten, Secretary Schafer, Director Scheafer, and Director Perry were present at this time. Procedural: 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. General Manager, Scott Carroll, stated that the District received late communications from District resident, Jim Mosher. He noted that District staff has responded to Mr. Mosher's comments. He shared that the responses have been provided to the Board and to the public. Director Perry inquired if Mr. Mosher submitted a significant comment. Mr. Carroll stated that Mr. Mosher's comments are specific to certain agenda items, which District staff will address during the meeting. There was no further discussion. Procedural: 6. Ceremonial Matters and Presentations None at this time. B. Public Comments Procedural: 1. Public Comments President Ferryman opened public comments. Hearing no one wishing to speak, President Ferryman 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 June 9, 2020 COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 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 June 22, 2020 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Adopt 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 2021-01 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2021-01 approving District warrants for the Month of June in the amount of $796,041.50. Action (Consent): 6. Approve Payroll Transparency Disclosure for June 2020 Recommendation: That the Board of Directors approve and file this report. Action (Consent), Minutes: 7. Accept the occupancy count as presented as 22,972 and direct staff to prepare a warrant to CR&R Environmental Services for $238,070.32 for June 2020 collection Recommendation: That the Board of Directors accepts the occupancy count as presented using 22,972 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for June 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,070.32 to be ratified in the July 2020 warrant list. Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $243,462.81 for June 2020 recycling and disposal services in the July 2020 warrant register. Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $243,462.81 for June 2020 recycling and disposal services to be ratified in the July 2020 warrant register. Director Perry requested to pull Item C9 for discussion. Motion: To approve the Consent Calendar, except for Item C9. 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 Action (Consent): 9. Contracts Signed by the General Manager COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Recommendation: That the Board of Directors receive and file this report. Mr. Carroll stated that Item C9 is a list of contracts that he has signed as General Manager in the month of June 2020. He reviewed a correction that has been made to the District's contract with EEC Environmental. He noted that the cost listed in the staff report, $131,500, exceeds the General Manger's approval limit, which is $125,000. He stated that the cost was reported incorrectly and has been amended to $110,475. Motion: To approve Item C9 with the corrections made. 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 was no further discussion. D. PUBLIC HEARINGS Action: 1. Consideration of Solid Waste Annual Charges and The Wastewater Annual Charges for FY 2020-2021 to be collected with the General Taxes Recommendation: That the Board of Directors: 1. Adopt Resolution No. 2020-930 confirming the solid waste annual charges for FY 2020-2021 to be collected with the general taxes and direct the District Clerk to file with the County Auditor; and 2. Adopt Resolution No. 2020-931 confirming the wastewater annual charges for FY 2020-2021 to be collected with the general taxes and direct the District Clerk to file with the County Auditor; and 3. Adopt Ordinance No.130; and 4. Execute the Certification of Assessment District Counsel, Alan Burns, provided report details. He addressed Mr. Mosher's comment regarding the procedures for collecting taxes on the tax roll. He discussed the procedures authorized by Health and Safety Code Section 5473.1, which include a mailed notice to all residents and a public hearing. He stated that, after the initial proceeding, only a newspaper notice is required. He noted that a public hearing is required to confirm the solid waste and wastewater charges. He addressed Mr. Mosher's comment regarding access to the staff report for Item D1. He stated that there is no paper report since the report's format has been computerized. He noted that the District Clerk is required to file the report with the County auditor and submit a statement noting that the report reflects the correct assessment roll rather than submitting a signature. President Ferryman requested Mr. Burns to inform Mr. Mosher of the report's format and how to access it. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Mr. Burns confirmed that he will contact Mr. Mosher. President Ferryman opened the public hearing. Hearing no public comments, he closed the public hearing. Motion: To close the public hearing. 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 adopt Resolution 2020-930 confirming the solid waste annual charges for FY 2020-2021 to be collected with the general taxes and direct the District Clerk to file with the County Auditor. 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 adopt Resolution 2020-931 confirming the wastewater annual charges for FY 2020-2021 to be collected with the general taxes and direct the District Clerk to file with the County Auditor. 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 adopt Ordinance No.130 confirming annual charges for solid waste and wastewater for 2020-2021. 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 Director Perry noted that President Ferryman is required to sign and execute the Certificate of Assessment after the meeting. There was no further discussion. E. GENERAL MANAGER'S REPORTS Action: 1. CMSD's Fats Oil and Grease (FOG) Control Program Annual Assessment Recommendation: That the Board of Directors receives presentation from Joe Jenkins, of EEC Environmental, about the District's FOG Control Program and provide input to staff. Mr. Carroll introduced Joseph Jenkins of EEC Environmental (EEC). COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Mr. Jenkins discussed FOG program activities. He stated that EEC performs a risk - based food service establishment (FSE) inspection and prioritization of activities to maximize District resources on FSEs that have the highest potential of discharging FOG into the sewer system and causing sanitary sewer overflows (SSO). He noted that EEC uses a variety of metrics to analyze the relationship of an FSE to an enhanced maintenance location (EML), such as the FSE's compliance history and FOG observations made by cleaning crews. He shared that, during the inspections, EEC provides FSEs with FOG Control Program education and outreach materials to maintain consistent compliance. He stated that EEC sends enforcement letters to FSEs that are repeatedly noncompliant. He added that EEC stores all FSE inspection data and information in a centralized access database. He noted that EEC assists the District with reviewing plans for new FSEs and helps support the evaluation characterization of EML reductions. He discussed how EEC develops and manages their FSE inventory, which involves coordinating with the Orange County Health Care Agency and the Cities of Costa Mesa and Newport Beach. He shared that, since January 2017, EEC has identified 91 new FSEs. He reviewed the initial inspection process, which includes identifying the presence of high -risk cooking equipment, the FSE's location in proximity to EMLs, grease interceptors, the best management practices (BMP) for the FSE and providing FOG education materials. He stated that there are currently 730 FSEs in EEC's database and that EEC inspects 55 FSEs on a quarterly basis, 85 FSEs on a semi-annual basis, 240 FSEs on an annual basis, and 350 FSEs on a bi-annual basis. He added that EEC expects the number of FSEs to decrease dramatically due to the misidentification of limited food preparation facilities as FSEs and the economic strain due to the COVID-19 pandemic. He noted that the inspection rates are adjusted based on an FSE's compliance history, maintenance, closed-circuit television (CCTV) observations, and field observations, which include identifying illicit activities, private SSOs, and restricted effluent. Vice President Ooten inquired about restricted effluent. Mr. Jenkins stated that restricted effluent is found in a grease interceptor and has the potential to cause an SSO. He presented examples of inspection frequencies and modifications for a major breakfast chain and a small shopping center. He stated that, in 2011, there were 97 EML locations, which were characterized by root intrusions, structural deficiencies, and FOG discharge. He noted that the District currently has 18 EMLs and about six sewer siphons that are monitored by EEC. He reviewed the process for EML reductions, which includes continued rehabilitation of the sewer line, cleaning observations, and FOG source control. Director Perry inquired if EEC inspects sewer siphons. Mr. Jenkins stated that EEC does not inspect the sewer siphons. He noted that the District's wastewater staff checks the siphons with their regular cleaning frequency. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Secretary Schafer inquired about the plan review process with the Cities of Costa Mesa and Newport Beach. Mr. Jenkins stated that EEC works with the District Inspector to retrieve plans from the Cities of Costa Mesa and Newport Beach. He shared that EEC has a contact at each city from whom they receive a list of active business licenses once a year. He presented specific examples of EML locations and the associated FOG discharge mitigation efforts. Vice President Ooten inquired about the FOG discharge mitigation efforts for the FSEs at The Camp and The Lab in Costa Mesa. Mr. Jenkins confirmed that the FSEs at The Camp and The Lab have presented ongoing issues for the FOG Control Program. He noted that EEC has increased their presence at both locations to ensure compliance. He added that the area has a few structural issues and sewer line sags that contribute to the accumulation of FOG. Director Perry inquired if the District is monitoring the sewer line sags. Mr. Carroll stated that the District has reviewed the sewer line sags. He noted that it is more cost-effective to maintain the sags than to repair the sags. He reviewed Mr. Mosher's comments regarding the District's collection rate of 340 gallons of cooking grease from the Orange Coast College (OCC) Recycling Center after the fall and winter holidays. He shared that the District advertises its grease recycling program on social media, in the District's quarterly newsletter, and on the website. He added that the District's target audience for the grease recycling program are people who fry turkeys. He recommended that people who oven -bake their turkey pour the leftover grease into a plastic container that can be placed in the Mixed Waste cart. He noted that, once the cooking grease has cooled down, it can be transferred into a compostable bag and placed in the Organics cart. He reviewed Mr. Mosher's comments regarding revisions to the District's FOG frequently asked questions webpage and the Green Guide. Secretary Schafer suggested providing disposal information for cooking grease in the next quarterly newsletter since the OCC Recycling Center is temporarily closed with no set date to reopen. Mr. Carroll stated that the District will research alternative recycling centers. Director Scheafer inquired about the location of an FSE that is a major breakfast chain that Mr. Jenkins mentioned in his report. Mr. Jenkins confirmed that the FSE is located on Harbor Boulevard, near Gisler Avenue. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 272 2020 Director Scheafer discussed the District's efforts to increase the frequency of hydro jetting at that FSE location. Mr. Jenkins confirmed that the FSE owner has been hydro jetting and has provided EEC with invoices to indicate compliance. He reviewed key program trends regarding SSOs and FOG -related SSOs. He discussed FOG program recommendations, which include the continuation of risk -based analysis for FSE inspection prioritization, EML reduction and source investigation, FSE inspections and enforcement, cleaning observations, and BMP compliance goals. Vice President Ooten expressed recognition for EEC's reduction of EMLs. He inquired if the reduction in EMLs contributes to the reduction of grease -related SSOs. Mr. Jenkins confirmed that the reduction in EMLs affects the rate of grease -related SSOs and FOG accumulation. He added that structural repairs to the sewer lines contribute to the reduction of FOG buildup and grease -related SSOs. President Ferryman thanked Mr. Jenkins for his comprehensive report. There was no further discussion. Action: 2. Consider Approving Orange County Operational Area Agreement Recommendation: That the Board of Directors considers approve the 2020 Orange County Area Agreement of the County of Orange and Political Subdivisions. Mr. Carroll provided report details. He stated that the Orange County Operational Area Agreement is a requirement under the standardized emergency management system. He added that all public jurisdictions sign the agreement, which serves as a guide for coordinating and responding to emergency activities. He noted that, with Board approval, the District will send the agreement to the Orange County Board of Supervisors. Motion: To approve the 2020 Orange County Orange and Political Subdivisions Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim There was no further discussion. Area Agreement of the County of Ferryman, Mike Scheafer Action: 3. Consider Approving the transfer out $81,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $81,000 to Capital Improvement Project #332, Bristol Sewer Siphon Repair. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 .....-....._..-- Recommendation: That the Board of Directors consider approving the transfer out $81,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $81,000 to CIP #332, Bristol Sewer Siphon Repair. Finance Manager, Kaitlin Tran, provided report details. She stated that the District issued emergency work for two inverted siphon mainline pipes on Bristol Street in June 2019. She added that, while staff was cleaning the secondary line, a hose got stuck in the pipe, which required the wastewater staff to cut the hose and leave approximately 125 feet of hose in the secondary line. She stated that both lines endured damages from the incident. She shared that the District hired National Plant Services (NPS) to clean the mainline pipe and to install a liner. She explained that, while NPS was cleaning the line, their hose got stuck as well. She stated that the District hired GCI Construction to procure and install a temporary bypass system to remove both hoses. She noted that, with the assistance of C&R Drains and Jimni System's pumper truck, GCI Construction successfully removed NPS's hose and nozzle. She added that GCI Construction cleaned and removed sand and debris in the secondary line. She stated that the siphon currently has two lines requiring concrete removal and relining. She shared that it will cost approximately $81,000 to perform the necessary work for the siphon and emergency services from Robin B. Harriers & Associates (RBH). She noted that the District's Asset Management Fund has an approximate balance of $5.4 million. She highlighted that all transfers between funds requires Board approval through the budget adoption process or by direct Board action. Mr. Carroll reviewed Mr. Mosher's comment regarding a typo in the staff report, which has been corrected by District staff. Motion: To approve the transfer out of $81,000 from the Asset Management Fund, transfer in to the Wastewater Fund, and to appropriate $81,000 to Capital Improvement Project #332, Bristol Sewer Siphon Repair. 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 Director Perry inquired if the repair work has already started. Mr. Carroll stated that the work has not begun. He added that the contract proposal is being executed. He noted that the wastewater staff has been cleaning the sewer siphon once a month. There was no further discussion. Action, Receive and File: 4. Receive and File the 2015-2020 Strategic Plan Quarterly Update — FY 2019-20 4t" Quarter Recommendation: That the Board of Directors receive and file this report. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Mr. Carroll mentioned that this staff report is the last quarterly report for the 2015- 2020 Strategic Plan. He noted that in October the Board will be receiving their first quarterly update on the new 2020-2025 Strategic Plan. Secretary Schafer expressed support for the 2015-2020 Strategic Plan. There was no further discussion, and the report was received. Action, Receive and File: 5. Receive and File Preliminary Fourth Quarter Budget Review for FY 2019-20 Recommendation: That the Board of Directors receive and file this report. Ms. Tran provided report details. She stated that, based on the actual spending rate through June 30th, District staff projects savings in the Solid Waste and Wastewater Funds. She noted that, as of June 30th, a total of 97.6% of the Solid Waste budget was expended. She added that District staff anticipates a budgetary savings of $109,250 for the Fiscal Year 2019-20 due to savings in personnel and special programs. She stated that, as of June 30th, the total estimated personnel savings is $38,550 from salary and benefits due to the vacancy of the Accounting Clerk position and staff on leave without pay during the year. She shared that District staff estimates the Maintenance and Operations account to be under budget at year-end by $10,200. She highlighted a few over -and -under budget accounts, including the District's Trash Hauler account, Recycling Disposal account, Organics Disposal account, and the Special Programs account. She stated, as of June 30th, that a total of 84.2% of the Wastewater budget was expended. She added that District staff anticipates a budgetary savings of $483,100. She noted that, as of June 30th, the total estimated personnel savings is $188,100 due to significant decreases in full-time salaries and benefits from staff on leave without pay and three vacant Wastewater positions. She reviewed the status of a few budget accounts, including Engineering Services, Plan Checking and Inspection, Pump Station Maintenance, Professional Development and Trainings, and Capital Outlay. She stated that the District budgeted for $320,000 in property taxes revenue during Fiscal Year 2019-20. She added that the District has received $354,788 in property taxes and investment earnings. She shared that 97% of the revenues for Wastewater and Solid Waste assessments have been received. She stated that the District projects savings in both the Solid Waste and Wastewater Funds with the savings in some budgetary accounts offsetting overages in other accounts. President Ferryman and Vice President Ooten thanked Ms. Tran and expressed support for her report. There was no further discussion, and the report was received. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 ............_.-- Action, Receive and File: 6. Receive and File January through June 2020 Performance Measurement Report Recommendation: That the Board of Directors receive and file this report. Mr. Carroll provided report details. He reviewed Mr. Mosher's comments, which include a suggestion to share the Performance Measurement Report with the District's Citizens Advisory Committee (CAC). Mr. Carroll noted that District staff provides the CAC with an annual update on the Performance Measurement Program. He reviewed Mr. Mosher's comments regarding experience modification and detailing the types of injuries that occur. He stated that the information regarding the location and description of injuries is used for internal purposes only. He reviewed Mr. Mosher's comments regarding the number of SSOs and the data used to analyze SSO trends. He stated that the purpose of the quarterly updates is to indicate progress throughout the report. He shared that residents can view the quarterly updates on the District's website. He noted that, after 2020, the District will have three years of data on SSOs and that in 2021, the District will be able to compare quarterly data with previous quarterly data from 2018, 2019, and 2020. He reviewed Mr. Mosher's comments regarding the data on the volume of SSOs reaching the surface water being included in the quarterly reports. He discussed Mr. Mosher's comments regarding the timeframe of the percentages and dates detailing rain ingress entering the wastewater system. He reviewed Mr. Mosher's comments regarding the Solid Waste disposal rate, which is the per capita disposal rate that the City of Costa Mesa submits to CalRecycle. He stated that CalRecycle does not differentiate disposal between residential and multi- family landfill waste. He noted that CalRecycle's data is about two years behind schedule, and that the District is considering removing this measurement from the report. He added that District staff fixed a few typos in the report that Mr. Mosher addressed. He acknowledged Mr. Mosher's comments regarding the Public Records Request Act. He reviewed Mr. Mosher's comments regarding the yellow coding used for cleaning the sewer system in the report. He discussed Mr. Mosher's comments regarding clarification on electronic transactions by the public. He noted Mr. Mosher's comments on comparing rates to the number of customers served by the District. There was no further discussion, and the report was received. 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. Interim District Engineer, Michael Benesh, introduced the Capital Improvements Project Status report. He noted that all completed projects will be removed by next month's status report. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Vice President Ooten requested for bid amounts to be indicated in the report. There was no discussion, and the report was received. G. TREASURER'S REPORTS Action: 1. Approve the Investment Report for the Month of June 2020 Recommendation: That the Board of Directors approve the Investment Report for the Month of June 2020. District Treasurer, Marc Davis, presented report details. He stated that, as of today, the Dow Jones was up 115 points. He discussed comparing today's market status to its low point of 19,028 points which happened on March 23rd. He stated that, since its low points, the market has risen 7,500 points, but is still down about 1,829 points. He reviewed factors that have contributed to today's market status, which include the government's discussions regarding stimulus efforts, the technology sector's performance, and the increased value of gold. He stated that the District's portfolio is earning 1.203% as of June 30th on a duration of 2.39 years. He added that about 42.3% of the portfolio is maturing within one year or less. He discussed an increase in activity due to interest rates decreasing and provided a status update on investments. President Ferryman thanked Mr. Davis for his report. No vote was taken on the action item and there was no further discussion. H. ATTORNEY'S REPORTS Discussion: 1. Discussion of FPPC Regulation 18707 — Procedure to Publicly Identify Financial Conflicts Mr. Burns provided report details. He stated that FPPC Regulation 18707 is the procedure used to disqualify an official from voting. He stated that the regulation requires an official, who is designated on an agency's conflict code, must identify the type of interest he or she holds that gives rise to the conflict and provide certain information regarding the entity. He noted that an official must file their conflict before the consideration of the agenda item and must leave the meeting after disclosing their conflict. He stated that if the official has a personal interest in the agenda item, then he or she may step down from the dais and speak from the floor as a member of the public. He reviewed the process of disqualification from a closed session item. He noted that Mr. Mosher inquired about the updated changes to FPPC Regulation 18707. He stated that the FPPC has identified new requirements so that an official cannot avoid disclosing their conflict by leaving a meeting or by attending a meeting after the agenda item in conflict. He added that an official with a conflict in a closed session matter cannot request the closed COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 session material after the vote. He reviewed a recent court case involving the City of Santa Monica's at -large election system. Secretary Schafer inquired about the City of Mission Viejo's City Council elections. Mr. Burns stated that the State of California's election official, Alex Padilla, informed the City of Mission Viejo that cumulative voting is not allowed. He mentioned that Mission Viejo's City Attorney has joined Harper & Burns, LLP. Vice President Ooten and Mr. Burns discussed attorney fees regarding the City of Santa Monica election case. President Ferryman thanked Mr. Burns for his report. There was no further discussion. 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 and Vice President Ooten) President Ferryman shared that Orange County beaches were ranked highest in the state and that 95% of Orange County beaches received above average grades during dry season months. He added that OCSD and the Orange County Water District are joining to provide virtual tours for the public. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry stated that there was no SARFPA meeting this month. He shared that he and President Ferryman were elected to serve as Directors for SARFPA in June 2020. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer stated that ISDOC had a meeting on July 7, 2020. She shared that ISDOC is having an election for their Executive Board and is currently accepting nominations. She added that she attended an ISDOC luncheon via teleconference on July 23, 2020. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that she has been elected to Seat C for the Southern Network of CSDA. She stated that CSDA is having a virtual meeting on August 3, 2020 for all network seats and field representatives. Vice President Ooten inquired about Secretary Schafer's election to CSDA. Secretary Schafer shared that it was a close race between her and another candidate. 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Director Scheafer stated that SDRMA had a special meeting in July 2020. He shared that SDRMA is considering forming a captive insurance agency in another state, either Utah or Hawaii, which will allow SDRMA to invest funds in a broader capacity to help with returns. He noted that the State of California limits a public agency's ability to invest its extra funds. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Secretary Schafer stated that she attended the Local Agency Formation Commission (LAFCO) meeting on July 8, 2020. Secretary Schafer, Director Perry, Director Scheafer and Vice President Ooten shared that they attended the recent Water Advisory Committee of Orange County (WACO) meeting and discussed a few reports that were presented at the meeting. Director Perry stated that he attended a City of Costa Mesa meeting regarding homelessness and the City's Bridge Shelter. He shared that there are 123 homeless residents in Costa Mesa with 103 unsheltered. He added that the Airway Avenue permanent shelter closed escrow in April 2020 at $6.9 million as an asset of the City of Costa Mesa. He shared that the City receives $500,000 or more for homeless programs from the State of California. He noted that the Costa Mesa Bridge Shelter has housed 59 individuals and that 77 individuals have been housed directly from the streets. He stated that the average length of stay at Mercy House is 73 days and that it has served 190 sheltered guests with 34 guests currently being sheltered. He shared that the City is the first in the County to have hotel vouchers for the homeless. He added that the City has $4.125 million in grant money for the Airway Avenue permanent shelter. He inquired if the District is donating $50,000 to the City for the shelter. COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Mr. Carroll shared that the District met with City staff. He stated that the City is still about one year away from opening the shelter. He noted that the District has approved $50,000 for the City's shelter, but the District requires specific invoices detailing how the money will be expended. Secretary Schafer inquired if the City discussed housing homeless residents at the Orange County Fairgrounds. Director Perry stated that the City has 10 trailers at the Fairgrounds but have not needed to utilize them. Vice President Ooten inquired if the City's meetings are recorded. Director Perry confirmed that the City meetings are recorded and that the meeting he attended was on July 9, 2020. There was no further discussion. 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 Secretary Schafer inquired if District staff is available on Fridays to answer the District's main phone line. Mr. Carroll noted that District staff is present every other Friday to answer the District's main phone line. Director Scheafer discussed the Citizens Advisory Committee (CAC) meeting on July 15, 2020. He inquired about a CAC member's trash service. Mr. Carroll clarified that the CAC member does not live in a single -detached home. Secretary Schafer stated that she attended the CAC meeting. Director Scheafer requested a list of all CAC members and their attendance record. COSTA MESA SANITARY DISTRICT PAGE 16 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 27, 2020 Mr. Carroll stated that only one CAC member missed the July 15th meeting. Director Scheafer discussed the CAC requirement of attending Board of Directors' meetings. He recommended reinforcing this requirement to the CAC members. Vice President Ooten inquired about the process for hiring a recruiting firm for the District Engineer position. Mr. Carroll stated that reviewing the recruitment firms' proposals is a personnel matter. There was no further discussion. M. ADJOURN TO CLOSED SESSION No closed session. N. RECONVENE TO OPEN SESSION AND REPORT OF ACTION TAKEN No closed session. O. CLOSING ITEMS Procedural: 1. Adjourn President Ferryman adjourned the meeting at 6:08 P.M. l Arlene Schafer Secretary r R Ja£ s Ferryman Pr dent