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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
JUNE 25, 2015
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
June 25, 2015 at 5:30P.M. at 628 W. 19th
Street, Costa Mesa.
PLEDGE OF President Scheafer led the Pledge of
ALLEGIANCE Allegiance.
INVOCATION Vice President Perry led the Invocation.
ROLL CALL DIRECTORS PRESENT: Michael Scheafer, Arthur Perry, Robert
Ooten, Arlene Schafer, James Ferryman
DIRECTORS ABSENT: None
STAFF PRESENT: Scott Carroll, General Manager; Alan Burns,
District Counsel; Robin Hamers, District
Engineer; Wendy Davis, Finance Manager;
Marc Davis, District Treasurer; Noelani
Middenway, District Clerk
OTHERS PRESENT: Dean Ruffridge, CR&R; Lawrence Jones,
CR&R; Dr. Francine Kaplan, Kaplan
Consulting
CEREMONIAL MATTERS AND PRESENTATIONS — President Scheafer recognized Denise
Martinez, Orange County Sanitation District Senior Human Resources Analyst for
assisting the District on personnel matters for the past eight months.
ANNOUNCEMENT OF LATE COMMUNICATIONS — Scott Carroll, General Manager, reported
receipt of written public comments from Mr. Jim Mosher. Mr. Carroll indicated that a
copy of Mr. Mosher's comments and his response had been provided to the Board for
review and requested that Item No. 6 be pulled for discussion.
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PUBLIC COMMENTS — Dr. Francine Kaplan, Kaplan Consulting, indicated that she has
conducted the District's composting workshops for the past five years and commended
the Board of Directors for the work that they do.
CONSENT CALENDAR
1. Board of Directors Study Session The Board of Directors Study Session
Meeting Minutes of May 12, 2015 Meeting Minutes of May 12, 2015 was
approved as presented.
2. Board of Directors Regular Meeting The Board of Directors Regular Meeting
Minutes of May 28, 2015. Minutes of May 28, 2015, was approved
as presented.
3. Occupancy report and payment to The occupancy report and payment to
CR&R Environmental Services CR&R Environmental Services for the
month of May 2015 in the amount of
$194,315.83 was approved as presented.
4. Contract Payment to CR&R The Board of Directors approved payment
Environmental Services for to CR&R Environmental Services for
Recycling and Disposal Services recycling and disposal services for the
month of May 2015.
5. Adoption of a Warrant Resolution The Board of Directors approved adoption
No. CMSD 2015-12 Approving of Warrant Resolution No. CMSD 2015-12
District Warrant Registers Approving District Warrant Registers for
the month of May 2015 in the amount of
$664,992.56.
6. Directors' Compensation and This item was pulled for discussion.
Reimbursement of Expenses
7. Sewer Lateral Assistance Program The Board of Directors approved the SLAP
(SLAP) Update report as presented.
8. Investment Report for the Month of This item was pulled and continued to the
May 2015 July regular Board meeting.
END OF CONSENT CALENDAR
Assistant Secretary Schafer made a motion to approve the consent calendar with the
exception of Item No. 6. Vice President Perry seconded the motion, which carried
unanimously.
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD JUNE 25, 2015
Regarding Item No. 6, General Manager Carroll indicated that the written public
comment received expressed concern regarding a Board member being compensated
for attending a meeting that was not on the list of approved meetings. He further
indicated that the Ordinance allows for Board members to attend meetings and be
compensated providing that the Directors are able to explain how their attendance
relates to District business.
Discussion followed regarding meeting attendance and transparency.
Alan Burns, District Counsel, indicated that Board approval is required prior to a director
attending an unlisted meeting.
Assistant Secretary Schafer provided details of her attendance of the Newport Mesa
Unified School District's student scholarship breakfast hosted by the Costa Mesa
Chamber, the California Women's Leadership Association event, and an event honoring
Henry Segerstrom.
District Counsel Burns encouraged the Board to indicate in its expense and
reimbursement reports how the Director's attendance of meetings and events advanced
the interest of the District.
Secretary Ooten made a motion to approve Item No. 6. Vice President Perry seconded
the motion with a stipulation that the Directors provide a written description of meetings
attended that are not on the list of approved meetings.
The motion carried unanimously.
Regarding Item No. 8, Secretary Ooten indicated that the investment report was not
attached to the agenda report.
•
General Manager Carroll suggested pulling Item No. 8 and continuing it to the July
regular Board meeting..
Secretary Ooten made a motion to pull Item No. 8 and place it on the July regular Board
meeting agenda. Assistant Secretary seconded the motion, which carried unanimously.
PUBLIC HEARINGS
9. Consideration of Solid Waste Annual Charges for FY 2015-16 to be
Collected with the General Taxes
A. Presentation of Report
B. Open Public Hearing
C. Close Public Hearing
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D. Recommendation: That the Board of Directors Adopt Resolution
No. 2015-865 confirming the solid waste annual charges for FY
2015-16 to be collected with the general taxes and direct the
District Clerk to File with County Auditor.
General Manager Carroll provided background of the item and noted no increase in
the solid waste annual charge.
President Scheafer opened the public hearing. Seeing no one, the public hearing
was closed.
Secretary Ooten made a motion to approve the recommendation as presented.
Assistant Secretary Schafer seconded the motion, which carried unanimously.
10. Consideration of Wastewater Annual Charges for FY 2015-16 to be
Collected with the General Taxes
A. Presentation of Report
B. Open Public Hearing
C. Close Public Hearing
D. Recommendation: That the Board of Directors Adopts Resolution
No. 2015-866' confirming the wastewater annual charges for FY
2015-16 to be collected with the general taxes and direct the
District Clerk to File with County Auditor.
General Manager Carroll provided background of the item and noted a two percent
increase in the wastewater annual charge.
President Scheafer opened the public hearing. Seeing no one, the public hearing
was closed.
Assistant Secretary Schafer made a motion to approve the recommendation as
presented. Director Ferryman seconded the motion.
Discussion followed regarding mailing notifications to the public regarding the rate
increase.
The motion carried unanimously.
11. Adoption of Ordinance No. 105 Confirming Annual Charges for Solid Waste
and Wastewater for 2015-16
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Recommendation: That the Board of Directors adopt Ordinance No. 105
confirming annual charges for Solid Waste and Wastewater for 2015-16.
Secretary Ooten made a motion to approve the recommendation. Vice President
Perry seconded the motion, which carried unanimously.
12. Ordinance No. 106 — Board of Directors Compensation
A. Presentation of Report
B. Open Public Hearing
C. Close Public Hearing
D. Recommendation: That the Board of Directors Adopts Ordinance
No. 106 increasing Board compensation from $221.00 to $295.00
per day, not to exceed six days in a calendar month, to be effective
August 24, 2015.
General Manager Carroll provided details of Ordinance No. 106 and noted that the
Board's request for an increase in compensation was published in the newspaper
per the public hearing requirements.
District Counsel Burns noted that the ordinance would be effective on August 24,
2015, which would be 60 days after the ordinance approval.
President Scheafer opened the public hearing. Seeing no one, the public hearing
was closed.
Assistant Secretary Schafer made a motion to approve the recommendation as
presented. Vice President Perry seconded the motion. The motion carried 4-1, with
Secretary Ooten opposed.
GENERAL MANAGER'S REPORTS
13. Resolution No. 2015-867 Adopting the Budget for FY 2015-16 and 2016-17
Recommendation: That the Board of Directors approves Resolution No.
2015-867 adopting the Budget for FY 2015-16 and 2016-17.
Wendy Davis, Finance Manager, provided details of the proposed resolutions
adopting the budget for fiscal years 2015-16 and 2016-17.
Secretary Ooten made a motion to adopt Resolution No. 2015-867. Vice President
Perry seconded the motion.
Discussion followed regarding the timeframe of the potential raising of solid waste
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rates. Ms. Davis projected a possible increase of rates in Fiscal Year 2018-19 if the
District continued its philosophy of requiring $2.5 million in cash flow.
The motion carried unanimously.
14. Project #101 Westside Pump Station Abandonment Design and Engineering
Phase
Recommendation: That the Board of Directors approves contract
administration services from Robin B. Hamers & Associates, Inc. for $64,899
for the two year design and engineering phase of Project#101.
General Manager Carroll provided details of the two year contract with Robin B.
Hamers &Associates for contract administration services of Project#101.
Secretary Ooten made a motion to approve the recommendation. Vice President
Perry seconded the motion, which carried unanimously.
15. Independent Special Districts of Orange County Proposed Bylaws
Modifications
Recommendation: That the Board of Directors authorizes President
Scheafer to vote on the Board's behalf approving the proposed bylaws
modifications.
President Scheafer recommended approving the ISDOC bylaws.
Director Ferryman made a motion to approve the recommendation. Vice President
Perry seconded the motion, which carried unanimously.
16. Rewarding Ideas Program
Recommendation: That the Board of Directors approves rewarding Jose
(Tony) Gomez, SCADA Technician/Industrial Electrician, $100 for his idea to
improving the response time and efficiencies for connecting mobile
generators to sewer pump stations during power outages.
•
General Manager Carroll provided details of the rewarding ideas suggestion for
connecting mobile generators to sewer pump stations during power outages.
Assistant Secretary Schafer made a motion to approve the recommendation.
Director Ferryman seconded the motion, which carried unanimously.
17. California Special Districts Association 2015 Board Elections Southern
Network, Seat A
Recommendation: That the Board of Directors vote for one candidate to
represent CSDA's Southern Network, Seat A.
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Assistant Secretary Schafer made a motion to approve voting for Jo MacKenzie to
represent the CSDA's Southern Network, Seat A. Vice President Perry seconded
the motion, which carried unanimously.
18. Resolution No. 2015-868 adopting CaIPERS Plan Amendment
Recommendation: That the Board of Directors adopt Resolution No. 2015-868
adopting the Employer Paid Member Contribution of 0% for Classic' Second Tier
Miscellaneous Members effective August 28, 2011.
Finance Manager, Wendy Davis, indicated that the proposed resolution is a cleanup
item and that there is no financial impact to the District.
Director Ferryman made a motion to approve the recommendation. Vice President
Perry seconded the motion, which carried unanimously.
ENGINEER'S REPORTS
19. Project Status Report
Recommendation: That the Board of Directors receive and file the report.
District Engineer Hamers provided information regarding emergency backup pump
at the Elden pump station.
There were no additional questions or comments and the report was received.
TREASURER'S REPORTS
20. Statement of Investment Policy for Fiscal Year 2015-16 & Adoption of Resolution
No. 2015-869
Recommendation: That the Board of Directors adopt Resolution No. 2015-869
approving the Policy and delegating the investment function to the District
Treasurer for the 2015-16 fiscal year.
Marc Davis, District Treasurer, provided background of the statement of investment
policy and noted changes that were made to the policy.
Discussion followed regarding investing in international securities.
Assistant Secretary Schafer made a motion to approve the recommendation. Secretary
Ooten seconded the motion, which carried unanimously.
Vice President Perry requested holding a special meeting to discuss District
investments.
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21. Agreement for Independent Audit Services
Recommendation: That the Board of Directors approves awarding a contract to
Rogers, Anderson, Malody & Scott for independent audit services in the amount of
$29,460 for the fiscal years ending June 30, 2015, 2016 and 2017.
Mr. Davis provided details of the agreement with Rogers, Anderson, Malody & Scott for
audit services for a three year base period and two one year extension options.
Discussion followed regarding the scoring and ranking of the proposers, and the
cost differences between the proposed and previous auditors.
Director Ferryman made a motion to approve the recommendation. Vice President
Perry seconded the motion, which carried unanimously.
ATTORNEY'S REPORTS- None
LOCAL MEETINGS
A. Orange County Sanitation District (OCSD) — (Director Ferryman)
Recommendation: That the Board of Directors accepts oral report.
Director Ferryman reported on a grant received from Water Smart for groundwater
replenishment and announced an event for the grand opening of the new groundwater
replenishment facility. He also announced that John Nielson will serve as the new
OCSD Chairman.
B. Santa Ana River Flood Protection Agency (SARFPA) — (Vice President
Perry) Recommendation: That the Board of Directors accepts oral report.
Vice President Perry reported that SARFPA membership dues will remain at
$1,100, and noted that he and Director Ferryman were re-appointed to the
Executive Committee.
C. Independent Special Districts of Orange County (ISDOC) — (President
Scheafer)
Recommendation: That the Board of Directors accepts oral report.
President Scheafer reported on the discussion regarding bylaw changes and
announced training for emergency operations training for elected officials.
D. California Special Districts Association (CSDA) - (Assistant Secretary
Schafer)
Recommendation: That the Board of Directors accepts oral report.
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Assistant Secretary Schafer discussed the proposal of a consolidation bill and noted
that CSDA is opposing the bill.
President Scheafer announced that he will not be present for the September regular
board meeting as he will be attending a conference Joint Powers Authority in Lake
Tahoe.
E. Special District Risk Management Authority (SDRMA) — (President Scheafer)
Recommendation: That the Board of Directors accepts oral report.
Nothing to report at this time.
F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No.
55, Operations Code Section 3.01.030
Recommendation: That the Board of Directors accepts oral report.
Secretary Ooten reported on his attendance of the Water Advisory Committee of
Orange County (WACO) meeting and the Organics Recycling Committee meeting.
Discussion followed regarding the distribution of organics carts and the pick-up of
excess carts.
President Scheafer reported on his presentation of the award for the battery recycling
program at Waldorf Elementary School.
OLD BUSINESS— None
NEW BUSINESS— None
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Vice President Perry reported that he may not be in attendance of the August study
session meeting.
Secretary Ooten reported that he would not be in attendance of the July or August study
session meetings.
Assistant Secretary Schafer announced that July 23, 2015 is Costa Mesa Day at the
Orange County Fair.
President Scheafer complimented and thanked staff on the successful roll out of the
Organics Recycling Program.
ADJOURN To CLOSED SESSION — President Scheafer adjourned to closed session at 6:53
P.M.
COSTA MESA SANITARY DISTRICT PAGE 10
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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16. Discuss litigation with legal counsel pursuant to Government Code Section
54956.9:
(a) In In regards to existing/anticipated litigation entitled Costa
Mesa Sanitary District— Santa Ana Regional Water Quality
Control Board Complaint No. R8-2014-0017.
(b) Anticipated litigation — significant exposure to litigation
pursuant to Government Code 5456.9(d)(2),(e)(1) [Number
of potential cases: 1]
All others exited the meeting with the exception of the Board of Directors, General
Manager Carroll, District Engineer Hamers, and District Counsel Burns.
RECONVENE TO OPEN SESSION
President Scheafer reconvened to open session at 7:15 P.M. and noted that no
reportable action had been taken.
ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 7: 15 P.M.
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Robert Ooten Mic ael Scheafe
Secretary President