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Minutes - Board - 2022-04-12COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION APRIL 12, 2022 NOTE: THIS HYBRID IN -PERSON AND TELECONFERENCED MEETING WAS CONDUCTED UTILIZING ELECTRONIC MEANS CONSISTENT WITH STATE OF CALIFORNIA ASSEMBLY BILL 361(Gov. CODE 54953(B)(3)). Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Dyana Bojarski (Administrative Services Manager), Mark Esquer (District Engineer), Angela Colunga (Administrative Assistant), Nabila Guzman (Management Analyst I), Lieu Tran (Accountant), Autumn Alvarez (Accounting Clerk), David Griffin (Interim Code Enforcement Officer) Others present Jim Mosher, District resident Mike Carey, CR&R Eric Sterling, Senior Landscape Architect of David Volz Design Landscape Architects, Inc. Meeting called to order at 8:00 A.M. A. OPENING ITEMS Procedural: 1. 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.) COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 President Ooten called the meeting to order at 8:00 A.M. District Clerk and Public Information Officer, Noelani Middenway, noted that President Ooten, Vice President Scheafer, Secretary Schafer, Director Perry, and Director Eckles were present. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. Hearing none, he closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. Receive and File March 2022 Code Enforcement Officer Report Recommendation: That the Board of Directors receives and files this report. President Ooten introduced the report. Interim Code Enforcement Officer, David Griffin, presented report details. He stated that there were nine scavenging investigations for March 2022. Discussion followed regarding the repeat scavenging offender on Royal Palm Drive. Director Perry inquired about issuing warning notices for scavenging. Mr. Griffin suggested providing an informational tag similar to the trash cart tags. Director Eckles expressed support for issuing warning notices and tickets to repeat scavengers. President Ooten inquired about the City of Costa Mesa's procedures for responding to repeat scavengers. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 Mr. Griffin stated that the City provides repeat offenders with a verbal warning. Secretary Schafer asked if the upcoming issue of the District's newsletter will have information on scavenging. General Manager, Scott Carroll, stated that the upcoming issue does not have any articles regarding scavenging, but that the topic has been discussed in previous issues. He reiterated the Board's position on scavenging, which is to issue citations to people who appear to be scavenging as a business enterprise. He noted that these citations require a due process hearing. Secretary Schafer recommended including a scavenging update in a future issue of the newsletter. President Ooten stated that most scavengers redeem their items at the Orange Coast College (OCC) Recycling Center. He added that CR&R buys all recyclables from the OCC Recycling Center. He commented that scavenging can be beneficial for larger cities. He proposed that it may be impossible to prevent scavenging but expressed support for the Board's efforts to decrease scavenging activity. Director Eckles commented that some scavengers are con artists. He expressed support for adding this topic to the next issue of the newsletter to educate the District's customers on how to address scavenging. Vice President Scheafer noted that it is unlikely that the scavengers are reading the District's newsletters. He expressed support for adding this topic to the newsletter to discourage customers who may be supporting scavengers. Discussion followed regarding the distribution of the District's newsletter. Secretary Schafer expressed recognition for Mr. Griffins work performance. Mr. Griffin continued presenting his report and discussed trash carts in public view. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 Director Perry commented that a three -cart system may increase trash carts in public view violations. There was no further discussion, and the report was received. Action: 2. Proposed Drought Tolerant Landscape Design Plans for CMSD HQ Recommendation: That the Board of Directors: 1. Provide feedback regarding the proposed tolerant landscape design plans; and 2. Direct staff to report back to the Board of Directors to consider approving transferring additional funds from the Facility Revolving Fund to Project #342 Drought Tolerant Landscaping at HQ President Ooten introduced the item. Mr. Carroll stated that the lead architect and project manager of the landscape design was not in attendance to present the report. He requested to move this item to the April Board meeting. The Board agreed to move this item to the April Board meeting. There was no further discussion. Action, Receive and File: 3. Sewer Inspection Rebate Program Campaign Metrics Update Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. Ms. Middenway presented report details. She stated that District staff focused on promoting the Sewer Inspection Rebate Program (SIRP) in February 2022. She noted that the 2021 Citizen Survey results indicated a very low percentage of customers who were aware of SIRP. She discussed the metrics of the District's SIRP outreach campaign. She stated that, for 2021, the District received 46 SIRP applications and reimbursed 23 customers equaling a total of $6,594.99. She reported that, for 2022, the District has received 65 applications and reimbursed 19 customers equaling a total of $3,325. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 Director Perry inquired about the program's percentage of improvement from last year to this year. Ms. Middenway stated that, compared to 2021, the program has increased by a total of 19 applications. Director Perry asked about the program's budget. Mr. Carroll stated that the total budget is $25,000. Director Perry asked how much of the budget has been spent to date. Ms. Middenway stated that $3,325 has been spent for 2022. Vice President Scheafer recommended promoting this program to local plumbers and advising customers to contact the District before performing any sewer maintenance. Discussion followed regarding the District's previous efforts to inform local plumbers of the program. Mr. Carroll stated that the District's public awareness campaigns are very effective. He discussed the program's reimbursement levels. Director Perry inquired if the reimbursement amounts should be increased. District Engineer, Mark Esquer, confirmed that the program's reimbursement amounts are sufficient. He noted that the District will reimburse qualified applicants up to $500 for installing a cleanout and that the price of a cleanout ranges from $750 to $1,200. He added that the program has been very successful. President Ooten discussed a recent cleaning of his sewer lateral. He inquired about the maintenance statuses of program video submissions. Mr. Esquer stated that about 30% of all submissions require sewer lateral repairs. He noted that he has seen some root intrusions and offset joints that require spot repairs. He shared that applicants can apply to the program every five years, and that the program helps prevent sanitary sewer COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 overflows (SSOs) and property owners perform the necessary maintenance work. There was no further discussion, and the report was received. Action: 4. Bilingual Pay Recommendation: That the Board of Directors direct staff to bring this item back to the May 23, 2022 regular Board of Directors meeting to consider bilingual pay policy. President Ooten introduced the item. Administrative Services Manager, Dyana Bojarski, provided report details. She stated that, according to the 2020 data from the District's redistricting process, 32% of the population identifies as Hispanic. She shared that, in 2018, the District began publishing the quarterly newsletter in English and Spanish. She added that the District increased its presence through social media and awareness campaigns with bilingual messaging to increase participation amongst the Spanish-speaking population of Costa Mesa. She stated that, due to the District's bilingual outreach effort, District staff has experienced an increase in phone calls from Spanish-speaking customers who are seeking additional information. She noted that these calls are transferred to the District's Management Analyst I, who is a fluent Spanish speaker, for assistance. She added that this employee also routinely translates and reviews the District's bilingual outreach material. She stated that the District does not offer bilingual pay for those services. She shared that District staff believes that having one or more bilingual employees on staff is essential to ensuring a fully effective local government. She discussed the data from the 2020 Decennial Census. She added that, if the Board decides to proceed with a bilingual pay policy, then District staff will monitor the needs of the community to assess the benefit of adding additional languages. She stated that District staff is proposing a monthly rate of $140 for bilingual speaking skills and a monthly rate of $180 for bilingual speaking, reading, and writing skills. She noted that bilingual pay is considered special compensation that would be reported to the California Public Employees' Retirement System (CalPERS). She added that it is imperative for the District to offer compensation and benefits that are competitive for recruitment and retention purposes. She reviewed the qualifications for bilingual pay. She noted that the District's proposed COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 bilingual pay is solely focused on Spanish at this time. She discussed the annual bilingual pay amounts and stated that there is sufficient funding in the current budget for one bilingual employee. Director Perry asked how often Spanish speakers call the District for assistance. Ms. Bojarski stated that they vary from about zero to four phone calls per week. She explained the importance of having a bilingual staff member to translate emergency messaging. Mr. Carroll stated that the District typically experiences an increase in phone calls from Spanish speakers after the District's quarterly newsletter is published. Director Perry asked if bilingual pay can be considered a bonus rather than a monthly fee to CalPERS. Ms. Bojarski stated that, since bilingual pay is considered another pay amount, it is required to be included in Ca1PERS. Director Perry asked if bilingual staff members will be required to work five days a week. Ms. Bojarski stated that bilingual staff members will work according to the District's operating hours. She noted that if the employee is telecommuting, then the phone call will be transferred to their cell phone. Director Eckles asked if the job responsibilities of the Management Analyst I position require customer facing interaction. Ms. Bojarski confirmed that customer service is a required job responsibility of that position. She noted that the position responds to a high volume of solid waste inquiries. Director Eckles asked if the employee in that position is spending additional time performing bilingual duties. Ms. Bojarski confirmed that the employee is already performing bilingual COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 work for the District. Director Eckles asked if this employee assists the District with translating public outreach material into Spanish as part of their current job responsibility. Ms. Bojarski stated that translation services are not included in the position's job description. Director Eckles inquired if the employee is spending additional time outside of their typical workday to perform bilingual services. Ms. Bojarski confirmed that bilingual services are not included in the employee's job duties; however, they are performing the work during their regular work hours. Director Eckles asked who performs these services if that specific employee is on leave. Ms. Bojarski stated that the District does not have additional staff members that are capable of assisting Spanish-speaking customers. Director Eckles inquired about bilingual services for other predominant languages in the District's service area. Ms. Bojarski stated that the District will have to monitor the need for additional translation services. She noted that there is no available data that indicates the English proficiency levels of the service area. She shared that the District sometimes receives calls from Vietnamese speakers, which are transferred to a staff member for assistance. Director Eckles inquired if the proposed bilingual pay would be applicable to staff members proficient in Vietnamese. Ms. Bojarski clarified that the District is only focusing on providing bilingual pay for staff members proficient in Spanish at this time. Director Eckles asked if bilingual pay would be adjusted according to inflation or merit increases. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 Ms. Bojarski stated that the bilingual pay amounts would be determined by the Board. She noted that other special pay amounts are not typically adjusted to account for inflation. Mr. Carroll stated that, according to past practices, only salaries are adjusted to account for inflation. Director Eckles inquired about the proficiency requirements. He asked if District staff is considering hiring new employees solely for translation services. Ms. Bojarski stated that the bilingual pay is applicable to current employees, and that the District is not considering hiring additional employees at this time. She noted that the District is not requiring future employees to be bilingual. Vice President Scheafer asked if employees would receive additional pay for bilingual services even if it is considered a job requirement. Ms. Bojarski stated that, based on other local agencies, such positions would receive bilingual pay. Discussion followed regarding the other local agencies included in the report. Director Perry recommended researching the bilingual pay policies of other special districts like Midway City Sanitary District and Mesa Water District. Mr. Carroll stated that policies vary amongst special districts depending on the governing board. Discussion followed regarding the City of Westminster- s translation services. Vice President Scheafer expressed support for considering a bilingual pay policy. Discussion followed regarding the potential implications of the District not appropriately responding to and assisting Spanish-speaking customers. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 President Ooten stated that if the District is not equipped to service Spanish- speaking customers, then the District would have to consider hiring a translation services company for assistance. Director Eckles issued a motion to deny District staff s recommendation. He requested to review the Citizens Advisory Committee's (CAC) comments before considering the item for further discussion. He stated that a bilingual pay policy for Spanish could lead to additional policies for other languages. He commented that such policies prevent people from learning English. He noted that if employees were spending additional time outside of their normal working hours to perform bilingual services, then he would support a bilingual pay policy. He stated that employees who are bilingual in English and Spanish are already spending time assisting customers during their workday. Director Perry expressed agreement with Director Eckles' motion. Vice President Scheafer issued a substitute motion to bring this item back to the May Board meeting to review the CAC's comments and determine if bilingual pay should be approved. Mr. Carroll reviewed the timeline for discussing and approving this item. Director Eckles requested for this item to be presented at the June Study Session rather than the May Board meeting. President Ooten asked if employees' job descriptions state "and other duties as required." He proposed that bilingual services would qualify as an "other duty." Secretary Schafer expressed support for reviewing this item at the June Study Session. The Board of Directors directed staff to bring this item back to the Board to discuss and review the Citizens Advisory Committee's (CAC) comments at the June Study Session. There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 Action: S. Project 327 Calcium Removal Phase I: Testing Methods for Removal Recommendation: That the Board of Directors discuss this topic with staff and provide feedback. President Ooten introduced the item. Mr. Esquer provided report details. He discussed the effects and causes of calcium buildup and the recommended removal techniques. He reviewed the District's calcium removal plan and possible test sites. He stated that there is about $75,000 available for testing, but that the overall project is projected to cost less than $60,000. He discussed the timeline of the project. Discussion followed regarding the District's previous efforts for calcium removal. Director Perry inquired about the length of the testing area. Mr. Esquer stated that a two-day test will measure from manhole to manhole, which is about 340 feet. Director Eckles inquired about the time and material (T & M) necessary for testing. Mr. Esquer stated that the District will solicit prices for performing two days of work from different contractors in an effort to limit the District's expenses. Director Eckles asked how many contractors will be contacted. Mr. Esquer stated that the District has already received bids for mechanical cleaning. He added that he will contact the Sourcewell Cooperative Purchasing Agreement to obtain a quote based on their bid price. President Ooten asked if the chain flail can be mounted on wheels to prevent damage to the pipe. Mr. Esquer stated that the chain flail will be centered in the pipeline and that high-pressure water will spin the chain and propel it down the sewer lateral. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD APRIL 12, 2022 The Board expressed support for the proposed tests. Mr. Esquer stated that this project will begin in this fiscal year and continue into the next fiscal year. There was no further discussion. D. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments Eric Sterling of David Volz Design Landscape Architects, Inc. joined the meeting at 9:10 a.m. Mr. Carroll announced that Mr. Sterling is available to present Item C2. The Board agreed to move that item to the April Board meeting. There were no additional comments. Procedural: 2. Adjournment President Ooten adjourned the meeting at 9:12 A.M. Arlene Schafer Secretary Bob Ooten President