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Minutes - Board - 2015-08-27 (r� 0:06:1^"tiP 8 / Q y 47" .Y) °RPpRA'fF.�`9 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING AUGUST 27, 2015 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on August 27, 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, James Ferryman DIRECTORS ABSENT: Arlene Schafer 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: None Noelani Middenway, District Clerk, announced that Assistant Secretary Schafer was excused from the meeting as she was attending a California Special Districts Association Board Meeting in Sacramento. CEREMONIAL MATTERS AND PRESENTATIONS— None ANNOUNCEMENT OF LATE COMMUNICATIONS Scott Carroll, General Manager, reported late written communications received from Jim Mosher, resident, and noted that Mr. Mosher's comments and Mr. Carroll's response had been provided to the Board for review. , COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 PUBLIC COMMENTS President Scheafer opened public comments. Seeing no one, President Scheafer closed public comments. CONSENT CALENDAR 1. Board of Directors Study Session The Board of Directors Study Session Meeting Minutes of June 9, 2015 Meeting Minutes of June 9, 2015 was approved as presented. 2. Board of Directors Regular Meeting The Board of Directors Regular Meeting Minutes of June 25, 2015. Minutes of June 25, 2015, was approved as presented. 3. Board of Directors Study Session The Board of Directors Study Session Meeting Minutes of July 14, 2015 Meeting Minutes of July 9, 2015 was 14 approved as presented. 4. Board of Directors Regular Meeting The Board of Directors Regular Meeting Minutes of July 23, 2015. Minutes of July 23, 2015, was approved as presented. 5. Occupancy report and payment to The occupancy report and payment to CR&R Environmental Services CR&R Environmental Services for the month of July 2015 in the amount of $194,627.52 was approved as presented. 6. 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 July 2015. 7. Adoption of a Warrant Resolution The Board of Directors approved adoption No. CMSD 2016-02 Approving of Warrant Resolution No. CMSD 2016-02 District Warrant Registers Approving District Warrant Registers for the month of July 2015 in the amount of $832,298.28. 8. Directors' Compensation and The Directors' compensation and Reimbursement of Expenses reimbursement of expenses for the month of July 2015 were approved as presented. 9. Sewer Lateral Assistance Program The Board of Directors approved the SLAP (SLAP) Update report as presented. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 10.Investment Report for the Month of The Board of Directors approved the July 2015 Investment Report for the Month of July 2015 as presented. END OF CONSENT CALENDAR Secretary Ooten made a motion to approve the consent calendar as presented. Vice President Perry seconded the motion, which carried unanimously. PUBLIC HEARINGS- None GENERAL MANAGER'S REPORTS 11. Tri-State Seminar Recommendation: That the Board of Directors approves sending Steve Cano, Wastewater Superintendent to the Tri-State Seminar in Las Vegas, Nevada. General Manager Carroll provided information regarding the upcoming wastewater Tri-State wastewater seminar. Vice President Perry requested that Mr. Cano provide a report at a future study session on what was presented at the seminar. Secretary Ooten made a motion to approve the recommendation. Director Ferryman seconded the motion, which carried unanimously. 12. Ordinance No. 108 — Amending Operations Code Section 4.03.020 - Operatinq Reserves Recommendation: That the Board of Directors adopts Ordinance No. 108. Secretary Ooten made a motion to approve the recommendation. Vice President Perry seconded the motion, which carried unanimously. 13. Project#203 Corporate Yard Generator—Acceptance of Improvements Recommendation: That the Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 3. Exonerate Labor and Material Bond after Notice of Completion is recorded and exonerate Faithful Performance Bond one year of Notice of Completion is recorded. Secretary Ooten made a motion to approve the recommendation. Vice President Perry seconded the motion, which carried unanimously. 14. Resolution No. 2015-871 Recommendation: That the Board of Directors adopt Resolution No. 2015-871 ordering the publication of Ordinance No. 105, confirming annual charges for solid waste and wastewater for 2015-16. Director Ferryman made a motion to approve the recommendation. Vice President Perry seconded the motion, which carried unanimously. 15. Resolution No. 2015-872 Recommendation: That the Board of Directors adopt Resolution No. 2015- • 872 ordering the publication of 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. Director Ferryman made a motion to approve the recommendation. Vice President Perry seconded the motion, which carried unanimously. 16. Resolution No. 2015-873 Recommendation: That the Board of Directors adopt Resolution No. 2015 873 ordering the publication of Ordinance No.107, qualifying Newport Mesa Unified School District meetings for a day's service compensation. Vice President Perry made a motion to approve the recommendation. Secretary Ooten seconded the motion, which carried unanimously. ENGINEER'S REPORTS 17. Project Status Report Recommendation: That the Board of Directors receive and file the report. District Engineer Hamers complimented the Board of Directors on their effort to continuously improve its infrastructure. Discussion ensued regarding the Orange County Sanitation District's project at Moon Park. There were no questions or comments and the report was received. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 TREASURER'S REPORTS - None 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 the review and negotiation of OCSD's General Manager's salary evaluation, and changes in legal representation for litigation due to a conflict of interest. B. Santa Ana River Flood Protection Agency (SARFPA) — (Vice President Perry) Recommendation: That the Board of Directors accepts oral report. Nothing to report at this time. C. Independent Special Districts of Orange County, (ISDOC) — (President Scheafer) Recommendation: That the Board of Directors accepts oral report. President Scheafer reported on his attendance of the Emergency Operations Center (EOC) training and the requirement of elected officials to attend training. He requested staff to verify the EOC training completion frequency requirements for elected official. President Scheafer indicated that ISDOC bylaws were approved. He also reported that ISDOC will receive the award of Chapter of the Year at the CSDA annual conference in Monterey. Secretary Ooten suggested receiving an update on LAFCO's response to the Grand Jury Report at a future study session. President Scheafer noted that the ISDOC quarterly meeting will be held on October 22. D. California Special Districts Association (CSDA) - (Assistant Secretary Schafer) Recommendation: That the Board of Directors accepts oral report. Nothing to report at this time. E. Special District Risk Management Authority (SDRMA) — (President Scheafer) Recommendation: That the Board of Directors accepts oral report. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 President Scheafer reported on the SDRMA Board's meeting with the Sacramento Fire Authority and tour of the facility. 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. President Scheafer reported on his attendance of the EOC training and facility. Vice President Perry reported on the progress of the Policy Ad Hoc Committee. Secretary Ooten reported on his attendance of a meeting with CR&R to observe the unloading of the organics waste trucks. District Counsel Burns indicated that Secretary Ooten would need to identify how the meeting related to the District in order to be paid the daily compensation. Discussion followed regarding the collection of the organics and acquiring reports of how much has been collected. Vice President Perry made a motion to approve Secretary Ooten's attendance of the CR&R facility in Stanton as a qualifying meeting for compensation. Director Ferryman seconded the motion, which carried unanimously. OLD BUSINESS—None NEW BUSINESS 18. Supporting Assistant Secretary Schafer for CSDA Board of Directors Secretary Recommendation: That the Board of Directors approve supporting Assistant Secretary Schafer as Secretary for CSDA Board of Directors. Vice President Perry made a motion to approve the recommendation. Director Ferryman seconded the motion, which carried unanimously. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion ensued regarding CR&R providing a comparison of solid waste collection rates and Secretary Ooten suggested limiting the comparison to one or two agencies that have a two-can system. Director Ferryman requested that staff schedule a joint meeting with Midway Sanitary District. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 President Scheafer reported that he will miss the September regular board meeting as he will be attending the California Association of Joint Powers Authorities in Lake Tahoe. Secretary Ooten discussed conducting a study of organics collected at the multifamily units. President Scheafer requested an update on the organics behavioral study. General Manager Carroll indicated that an update will be provided at the October Study Session. The Board of Directors directed staff to schedule a meeting with OCSD General Manager to discuss the Project#101, Westside Pump Station Abandonment Project. ADJOURN To CLOSED SESSION — President Scheafer adjourned to closed session at 6:23 P.M. 19. 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 6:46 P.M. and noted that no reportable action had been taken. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 27, 2015 ADJOURNMENT There being no further business to come before the Board, President Scheafer adjourned the meeting at 6:46 P.M. CA-4 ( Robert Ooten Michael cheafer Secretary President 1‘11"