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Minutes - Board - 2016-07-23 (2) !"SANlT4-4', O V y 4iiii COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JUNE 23, 2016 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on June 23, 2016 at 5:30 P.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; Gina Terraneo, Management Analyst I. OTHERS PRESENT: Luke Money, The Daily Pilot; Lawrence Jones, CR&R; Jeffrey Reese, CJ Segerstrom & Sons, Shawna Schaffner, CAA Planning. CEREMONIAL MATTERS AND PRESENTATIONS—NONE ANNOUNCEMENT OF LATE COMMUNICATIONS—NONE PUBLIC COMMENTS—NONE President Scheafer opened public comments. Seeing no one from the public wishing to comment, President Scheafer closed public comments. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 CONSENT CALENDAR 1. Board of Directors Study Session The Board of Directors Study Session Meeting Minutes of May 10, 2016 Meeting Minutes of May 10, 2016 was approved as presented. 2. Board of Directors Special Meeting The Board of Directors Special Meeting Minutes of May 13, 2016 Minutes of May 13, 2016 was approved as presented. 3. Board of Directors Special Meeting The Board of Directors Special Meeting Minutes of May 18, 2016 Minutes of May 18, 2016 was approved as presented. 4. Board of Directors Regular Meeting The Board of Directors Regular Meeting Minutes of May 26, 2016 Minutes of May 26, 2016 was approved as presented. 5. Occupancy Report and Payment to The Board of Directors accepted the CR&R Environmental Services occupancy count as presented using 22,390 as the correct number of active units and directed staff to prepare a warrant to CR&R Environmental Services in the amount of $219,319.01 to be ratified in the June 2016 warrant list, for May 2016 collection. 6. Contract Payment to CR Transfer The Board of Directors approved payment for Recycling & Disposal Services to CR Transfer in the amount of $163,924.19 for recycling and disposal services for the month of May 2016. 7. Adoption of Warrant Resolution No. The Board of Directors adopted Warrant CMSD 2016-12 Approving District Resolution No. CMSD 2016-12 approving Warrant Registers District warrants for the month of May 2016 in the amount of$3,611,410.27. 8. Payroll Transparency Disclosure for The Board of Directors approved the May 2016 Payroll Transparency Disclosure for May 2016 as presented. 9. Directors' Compensation and The Board of Directors approved the Reimbursement of Expenses Directors' Compensation and Reimbursement of Expenses for May 2016 as presented. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 10.Sewer Lateral Assistance Program The Board of Directors approved the SLAP (SLAP) Update report as presented. 11.Investment Report for the Month of The Board of Directors approved the May 2016 Investment Report for the month of May 2016 as presented. 12.Resolution No. 2016-885 — Board of President Scheafer pulled Item 12 for Directors Health Insurance discussion. 13.Resolution No. 2016-886 Ordering The Board of Directors adopted Resolution that Publication of Ordinance No. No. 2016-886 as presented. 114 Adopting a Revised Operations Code has Occurred. 14.Auditor Communication Letter Audit The Board of Directors approved and filed FY 2015-16 the Auditor Communication Letter as presented. Vice President Perry made a motion to approve the Consent Calendar as presented, except for Item 12. Assistant Secretary Schafer seconded the motion, which passed unanimously with a 5-0 vote. President Scheafer asked if a Board Member that was elected in November of 2016 would have the opportunity to purchase a health care plan. Scott Carroll, General Manager, noted that they would not. President Scheafer made a motion to approve Item 12. Vice President Perry seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. END OF CONSENT CALENDAR PUBLIC HEARINGS 15. Consideration of Solid Waste Annual Charges for FY 2016 -17 to be Collected with the General Taxes A. Presentation of Report B. Open Public Hearing C. Close Public Hearing it COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 D. Recommendation: That the Board of Directors Adopt Resolution No. 2016-887 confirming the solid waste annual charges for FY 2016-17 to be collected with the general taxes and direct the District Clerk to File with County Auditor. Mr. Carroll presented the report and noted that there was no increase to the District's solid waste annual charges. President Scheafer opened the public hearing. Seeing no one wishing to comment, President Scheafer closed the public hearing. Vice President Perry made a motion to adopt Resolution No. 2016-887. Director Ferryman seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. 16. Consideration of Wastewater Annual Charges for FY 2016-17 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. 2016-888 confirming the wastewater annual charges for FY 2016-17 to be collected with the general taxes and direct the District Clerk to File with County Auditor Mr. Carroll presented the report and noted that was a 2% increase in the annual wastewater charge. President Scheafer opened the public hearing. Seeing no one wishing to comment, President Scheafer closed the public hearing. Assistant Secretary Schafer made a motion to adopt Resolution No. 2016-888. Secretary Ooten seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. 17. Adoption of Ordinance No. 115 Confirming Annual Charges for Solid Waste and Wastewater for FY 2016-17 Recommendation: That the Board of Directors adopt Ordinance No. 115 confirming annual charges for Solid Waste and Wastewater for FY 2016-17. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 Mr. Carroll presented Ordinance No. 115. President Scheafer opened the public hearing. Seeing no one wishing to comment, President Scheafer closed the public hearing. Vice President Perry made a motion to adopt Ordinance No. 115. Assistant Secretary Schafer seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. GENERAL MANAGER'S REPORTS 18. CMSD — Contribution Program Application — Estancia Boosters Stadium Banner Recommendation: That the Board of Directors accepts the application from the Estancia High School Football Program and approve a monetary contribution of $500 for a stadium banner. Vice President Perry recused himself at 5:40 P.M. due to his relationship to the contribution requestor, Chuck Perry. Gina Terraneo, Management Analyst I, presented the request for a monetary contribution of$500 for an Estancia Boosters stadium banner. Secretary Ooten made a motion to approve the monetary contribution of$500. Assistant Secretary Schafer seconded the motion, which carried unanimously with a 4-0-1 vote with Vice President Perry abstaining. There were no further questions or comments. Vice President Perry reentered the meeting at 5:41 P.M. 19. Budget Unappropriation — Westside Pump Station Abandonment Project #101 Recommendation: That the Board of Directors approves the unappropriation of funds as follows: Account Account Number Increase Decrease Net Position (RE) 20-200000-2990 $3,260,000 Westside PS Abandonment #101 20-200000-2990 $3,260,000 Wendy Davis, Finance Manager, presented report details. Secretary Ooten requested that Mr. Carroll send a letter to the Orange County Sanitation District to confirm that Project#101 will no longer take place. Discussion followed regarding the project's status. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 Assistant Secretary Schafer made a motion to approve the unappropriation of funds from Westside Pump Station Abandonment Project #101 to Net Position. Secretary Ooten seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. 20. California Special Districts Association 2016 Board Elections Recommendation: That the Board of Directors elect a representative to the CSDA Board of Directors Southern Network Seat B and authorize President Scheafer to vote on the District's behalf. Mr. Carroll presented the available candidates for election. Assistant Secretary Schafer suggested that the Board of Directors support Bill Nelson. Assistant Secretary Schafer made a motion to elect Bill Nelson and authorize President Scheafer to vote on behalf of the District. Director Ferryman seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. 24. APN 415-102-17 (Parcel North of 1580-1590 Scenic Avenue)— Request for Vacation/Abandonment of CMSD Sewer and Easement Recommendation: That the Board of Directors: 1. Accept Option 2, as agreed to by the buyer/developer, as the preferred alternative. 2. Approve and record the quitclaim deed with the legal description and map as attachments. 3. Require the buyer/developer to construct a new end of line sewer manhole at the northerly terminus of the remaining sewer and easement. 4. Discuss whether requiring compensation from the property owner for the quitclaim is appropriate. Secretary Ooten suggested that Item 24 be moved up in the agenda to accommodate members of the public in attendance. President Scheafer allowed for Item 24 to be moved up in the agenda. Rob Flamers, District Engineer, provided report details. Alan Burns, District Counsel, noted that an indemnification agreement should be included in the recommendation to cover the sewer's use. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 Discussion followed regarding the intended use of the sewer and how the District should go about abandoning the sewer. President Scheafer invited Shawna Schaffner of CAA Planning and Jeff Reese of CJ Segerstrom & Sons to provide comments. Ms. Schaffner and Mr. Reese provided comments regarding staffs recommendation and the approximate value of the sewer. Secretary Ooten made a motion for the following action, as a result of the discussed findings that the Board of Directors see value in abandoning the sewer and easement as they provide no value for the District to keep and maintain: • Accept Option 2, as agreed to by the buyer/developer, as the preferred alternative; • Refrain from requiring compensation from the property owner for the quitclaim; • Prepare, approve, and record the quitclaim deed with the legal description and map as attachments; • Require the buyer/developer to construct a new end of line sewer manhole at the northerly terminus of the remaining sewer and easement; and • Include an indemnification agreement to hold the District harmless for anything that may result from the District allowing the sewer to stay in the ground. Assistant Secretary Schafer seconded the motion, which passed unanimously with a 5- 0 vote. There were no further questions or comments. 21. Joint Study with Mesa Water District— Optimum Government Structure Recommendation: That the Board of Directors give staff direction. Mr. Carroll provided report details. Secretary Ooten noted that he attended Mesa Water District's June 16, 2016 Board Meeting and provided an overview of the meeting. Discussion followed regarding concerns about the District's lack of input in the Request for Proposal (RFP) and the cost of the joint study. Director Ferryman suggested that the Board of Directors write a letter to decline participation in the joint study. Discussion followed regarding the method by which Arcadis will gather information for the study, the focus areas of the study, and the importance of transparency to the RFP process. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 Director Ferryman made a motion to enact Option 3 and send a letter to Mesa Water District declining participation in the joint study. Assistant Secretary Schafer seconded the motion, which passed unanimously with a 5-0 vote. Discussion followed regarding how to proceed with the editing process for the letter. There were no further questions or comments. ENGINEER'S REPORTS 22. Project Status Report Recommendation: That the Board of Directors receive and file the report. District Engineer, Robin Hamers, presented the Capital Improvement Program (CIP) report. There were no further questions or comments and the report was received. 23. Conflict of Interest Report Nothing to report at this time. Mr. Hamers noted that there is nothing to report at this time. 25. Adams Pump Station Electrical Improvements Recommendation: That the Board of Directors: 1. Approve an appropriation from Net Position in the amount of $116,000 to fund the project. 2. Approve in concept the points described in the staff report, which have been approved by the property owner of 2043 Calvert Avenue, Cesar Ibarra. 3. Direct the General Manager to complete the project as shown in the project budget including bringing back an easement deed, legal description, and map, signed by Mr. Ibarra for acceptance and recording by the Board of Directors. Mr. Hamers presented report details. Secretary Ooten made a motion to approve the appropriation of $116,000 from Net Position, approve the points described in the staff report, and direct the General Manager to complete the project. Director Ferryman seconded the motion, which carried unanimously with a 5-0 vote. There were no further questions or comments. TREASURER'S REPORTS COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 26. Statement of Investment Policy for Fiscal Year 2016-17 & Adoption of Resolution No. 2016-889 Recommendation: That the Board of Directors adopt Resolution No. 2016-889 approving the Policy and delegating the investment function to the District Treasurer for the 2016-17 fiscal year. District Treasurer, Marc Davis, provided report details and noted that the redline version of the Investment Policy was included to show changes made. Vice President Perry made a motion to adopt Resolution No. 2016-889 and delegate the investment function to the District Treasurer for FY 2016-17. Director Ferryman seconded the motion, which passed unanimously with a 5-0 vote. There were no further questions or comments. 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 provided an overview of the OCSD meeting and noted that there is a joint open house with OCSD and Orange County Water District (OCWD) on August 13, 2016. B. Santa Ana River Flood Protection Agency(SARFPA) — (Vice President Perry) Recommendation: That the Board of Directors accepts oral report. Vice President Perry shared the he and Director Ferryman attended SARFPA. He noted that Director Ferryman was elected as Vice President of SARFPA. C. Independent Special Districts of Orange County (ISDOC) — (President Scheafer) Recommendation: That the Board of Directors accepts oral report. President Scheafer noted that he missed the last ISDOC meeting. D. California Special Districts Association (CSDA) - (Assistant Secretary Schafer) Recommendation: That the Board of Directors accepts oral report. Assistant Secretary Schafer shared that she attended CSDA's Strategic Planning Session in Lake Tahoe. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JUNE 23, 2016 E. Special District Risk Management Authority (SDRMA) — (President Scheafer) Recommendation: That the Board of Directors accepts oral report. President Scheafer noted that he attended the SDRMA Conference in Atlanta. 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. Vice President Perry noted that he attended a Water Advisory Committee of Orange County (WACO) meeting on June 3, 2016. Secretary Ooten shared that he and Vice President Perry attended a Chamber of Commerce meeting. OLD BUSINESS—NONE NEW BUSINESS— NONE ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Assistant Secretary Schafer shared that CSDA will be holding its annual conference in San Diego from October 10-13, 2016. Mr. Burns noted that the Attorney General requested more time to prepare the record in regards to closed session Item 27. President Scheafer noted that a closed session discussion of Item 27 is no longer necessary as there is nothing new to report. Discussion followed regarding scheduling a tour of CR&R's AD Facility. ADJOURNMENT There being no further business to come before the Board, President Scheafer adjourned the meeting at 7:13 P.M. Robert Ooten Mi ael Scheafer Secretary President