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Minutes - Board - 2023-09-25COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 2S, 2023 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 & Public Information Officer), Gina Terraneo (Management Analyst II), Mark Esquer (District Engineer), Alan Burns (District Counsel), Marc Davis (District Treasurer), Kaitlin Tran (Finance Manager), Marissa Pereyda (Management Analyst II) Others present Cindy Brenneman, Citizens Advisory Committee Member Jasmin Tutor, Young Southeast Asian Leadership Initiative Fellow Khoa Nguyen, Young Southeast Asian Leadership Initiative Fellow Mike Silva, CR&R Representative Rosemarie Chora, Citizens Advisory Committee Member Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Scheafer President Scheafer called the meeting to order at 4:30 P.M. Procedural: 2. Pledge of Allegiance - President Scheafer COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 President Scheafer led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Schafer Vice President Schafer led the Invocation and honored former City of Costa Mesa Mayor, Norma Hertzog, and former City of Costa Mesa City Manager, Fred Sorsabal. 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 & Public Information Officer, Noelani Middenway, conducted roll call and noted that President Scheafer, Vice President Schafer, Secretary Perry, Vice Secretary Ooten, and Director Eckles were present. Procedural: S. 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. Ms. Middenway stated that the District received written communications from District resident, Jim Mosher, which have been disseminated to the Board. President Scheafer stated that Mr. Mosher's comments pertain to Item E1. Procedural: 6. Ceremonial Matters and Presentations. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Scheafer opened public comments. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 2S, 2023 CR&R representative, Mike Silva, honored past District Engineer, Rob Hamers, for being his mentor and thanked the Board for naming the District Yard after him. President Scheafer thanked Mr. Silva for his comments. General Manager, Scott Carroll, shared that the District recently provided a tour of the Rob Hamers District Yard to Mr. Hamers' family. Hearing no additional comments, President Scheafer 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 August 8, 2023 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 August 21, 2023 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Adopt Warrant Resolution No. CMSD 2024-03 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2024-03 approving District warrants for the month of August in the amount of $930,534.53. Action (Consent): S. Approve the Directors' Compensation and Reimbursement of Expenses COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Approve Payroll Transparency Disclosure for August 2023 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Approve the occupancy count as presented as 23,097 and direct staff to prepare a warrant to CR&R Environmental Services for $258,372.28 for August 2023 Solid Waste Collection Services and $12,303.77 for the Difference Between the Old and New Occupancy Rate for July 2023 Solid Waste Collection Services Recommendation: That the Board of Directors: 1. Approve the occupancy count of 23,097; and 2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,372.28 for August 2023 solid waste collection services to be ratified with the September 2023 warrant register. 3. Direct staff to prepare a warrant to CR&R Environmental Services for $12,303.77 for the difference between the old occupancy rate and new occupancy rate for July 2023 solid waste collection services to be ratified with the September 2023 warrant register. Action (Consent): 8. Approve the Preparation of a Warrant to CR Transfer for $207,480.65 in the September 2023 Warrant Register for July 2023 Recycling and Disposal Services Recommendation: That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $207,480.65 in the September 2023 warrant register for July 2023 recycling and disposal services. Action (Consent): 9. Adopt Resolution No. 2023-987 Ordering that Publication of Ordinance No.137 has Occurred Recommendation: That the Board of Directors adopt Resolution No. 2023-987 ordering that publication of Ordinance No. 137 changing the authority to award contracts and making other clarifications, and revising chapters 4.04 and 4.06, has occurred. Action (Consent): 10. Receive and File July 2023 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 Action (Consent): 11. Receive and File July 2023 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 12. Receive and File August 2023 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Motion: To approve the Consent Calendar as presented. Motion by Arlene Schafer, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER REPORTS Action: 1. Board of Directors Term Limits Recommendation: That the Board of Directors provide direction to staff. Mr. Carroll presented report details. He discussed the Citizens Advisory Committee's (CAC) comments regarding Board term limits and shared that they recommended establishing Board term limits and reestablishing term limits for CAC members. Discussion followed regarding the recommendations for this item. CAC Member, Rosemarie Chora, commented that she does not support pursuing Board term limits. She stated that the current Board members are experienced, knowledgeable, and have a strong sense of the community they represent. She noted that the cost associated with implementing term limits outweighs the benefits. She added that it takes a significant amount of time to learn and understand the nuances of the District. She COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 recommended focusing more resources on District projects and staff. She suggested changes regarding District representation such as requiring all Board and CAC members to be District customers. President Scheafer noted that Mr. Mosher's written comments were received and entered into the record. Director Eckles asked if a Board incumbent has been unseated by a non - incumbent. Mr. Carroll stated that, in 2010, an incumbent was defeated by a new candidate. Vice Secretary Ooten stated that it also occurred in 2006 Director Eckles stated that he supports Board term limits yet agrees with CAC Member Chora's comments on institutional knowledge. He added that he is not necessarily in favor of 2 terms but possibly 3 or 4 terms. He recommended proceeding with this item with a more complete staff report to discuss term options. He inquired about creating a Board policy on this issue. District Counsel, Alan Burns, stated that the District may not have the authority to initiate term limits as it may be an issue of pre-emptive state law. He shared that many cities have rotation policies regarding the position of mayor. Motion: To discontinue further discussion of implementing term limits for the Board of Directors. Motion by Art Perry, second by Arlene Schafer. President Scheafer commented that he believes in term limits and supports them in certain circumstances. He stated that he does not support using public funds to issue an initiative that may not be needed. He expressed support for the motion made by Secretary Perry. Final Resolution: Motion Carries 4-1 Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 No: Brett Eckles There was no further discussion. F. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status Recommendation: That the Board of Directors receive and file the Engineer's Report. District Engineer, Mark Esquer, provided an update on current projects and his main takeaways from the annual Tri-State Seminar. He shared that he has been re -certified in closed-circuit televising (CCTV) through the National Association of Sewer Service Companies (NASSCO). There was no further discussion, and the report was received. Action: 2. Project 330 Westbluff Pump Station Rehabilitation: Adopt CEQA Determination, Award a Contract to GCI Construction, Inc., and Approve a Contingency of 10 Percent Recommendation: That the Board of Directors: 1. Adopt the 330 Westbluff Pump Station project as Categorically Exempt per the California Environmental Quality Act (CEQA) Section 15302, Class 2; and 2. Award a contract to the lowest responsive and responsible bidder, GCI Construction, Inc. in the negotiated amount of $296,300; and 3. Approve a 10% contingency in the amount of $29,630. Mr. Esquer presented report details. Discussion followed regarding the project's construction estimates and a reduction in the project's scope to account for higher bids and lack of bids. Director Eckles suggested re -bidding the project due to the change in scope. Discussion followed regarding nuisance complaints from homeowners' associations (HOAs) and trends in construction costs. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 President Scheafer inquired about the project's timeline. Mr. Esquer stated that the project needs to proceed due to the District's maintenance schedule. He noted that the project may not receive better bids. Motion: To re -bid Project 330 Westbluff Pump Station Rehabilitation project as a result of the updated scope of work. Motion by Brett Eckles, second by Bob Ooten. Final Resolution: Motion Carries 3-2 Aye: Arlene Schafer, Bob Ooten, Brett Eckles No: Art Perry, Mike Scheafer There was no further discussion. Action: 3. Project 341 Elden Forcemain Redundancy: Techite Pipe Evaluation Change Order Approval Recommendation: The Board of Directors Approve Change Order #2 of the #341 Elden FM Redundancy Construction Access to Techite Pipe Agreement with Torres Sanitation (aka Alex Torres Sole Proprietor) in the Amount of $24,100. Mr. Esquer provided a presentation for this item. He discussed the Techite pipe issues near the OC Fairgrounds and the contract and change order details. He requested approval of the second change order and shared photos related to the project work. Discussion followed regarding the use of the Techite pipe. Mr. Esquer shared that the pipe was televised to evaluate its condition. Director Eckles inquired about the change order. Mr. Esquer stated that it is officially a time and materials (T&M) change order. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 Motion: To approve Change Order #2 of the Project 341 Elden Forcemain Redundancy Construction Access to Techite Pipe Agreement with Torres Sanitation (aka Alex Torres Sole Proprietor) in the amount of $24,100. Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. G. TREASURER'S REPORTS H. ATTORNEYS REPORTS Mr. Burns shared cautionary information regarding campaign contributions. He relayed a recent case involving the mayor of Anaheim. Discussion followed regarding this case and the Anaheim City Council's involvement. 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 Ooten) Vice Secretary Ooten stated that OCSD's Board meeting takes place next week. He stated that they will be discussing meeting reimbursement fees. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Secretary Perry stated that SARFPA's meeting takes place this Thursday. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) President Scheafer stated that there is nothing significant to report for ISDOC. Vice President Schafer stated that ISDOC's in -person luncheon takes place this Thursday. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Vice President Schafer shared that she attended a CSDA meeting last week in which they discussed the California Cooperative Liquid Assets Securities System (CLASS) investment pool. She shared that she is serving on CSDA's finance board and alliance executive council. 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Schafer shared that SDRMA's spring education day is taking place on Mach 22, 2024 in Sacramento. President Scheafer stated that there is nothing significant to report for SDRMA. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Vice Secretary Ooten shared that he attended a Water Advisory Committee of Orange County (WACO) meeting, which included discussion about potential earthquake damage to infrastructure. He stated that District infrastructure should be relatively safe because less damage occurs to structures underground. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 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 Director Eckles shared that local resident, Jake Knapp, qualified for a Professional Golfers' Association (PGA) tour card. Vice Secretary Ooten recommended providing staff training on home emergency preparedness so that they feel more comfortable with reporting to the District during emergency situations. President Scheafer shared that the California Earthquake Authority can provide sample earthquake backpack kits. There were no additional comments. M. ADJOURN TO CLOSED SESSION None at this time. N. RECONVENE TO OPEN SESSION None at this time. O. CLOSING ITEMS COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 25, 2023 Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District Board of Directors will be held on Monday, October 23, 2023. President Scheafer adjourned the meeting at 5:48 p.m. Art Perry Secretary Mike Scheafef President