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Minutes - Board - 2017-05-25 4 SANIT,� \ O ,ZS 9 \cRPoRATEO/ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 25,2017 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Rob Hamers (District Engineer), Wendy Davis (Finance Manager), Marc Davis (District Treasurer), Gina Terraneo (Management Analyst I) Others present Jim Mosher (resident) Meeting called to order at 5:29 P.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 5:29 P.M. Procedural: 2. Pledge of Allegiance President Scheafer led the pledge of allegiance. Procedural: 3. Invocation Vice President Ferryman led the invocation. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25,2017 Procedural: 4. Roll Call District Clerk, Noelani Middenway, conducted the roll call and all Board Members were present. Procedural: 5. Ceremonial Matters and Presentations None at this time. Procedural: 6. Announcement of Late Communications None at this time. Procedural: 7. Public Comments President Scheafer opened public comments. Seeing no one from the public wishing to speak, he closed public comments. B. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. General Manager, Scott Carroll, noted that staff recommends pulling Items B2 and B3. District Counsel, Alan Burns, added a recommendation to pull Item B4 in addition to Items B2 and B3. He explained that the minutes are being pulled in order to ensure that the adjournments from closed sessions are correctly noted. President Scheafer indicated that Jim Mosher, a member of the public, requested that Item B12 be pulled for public comment. Action (Consent): 5. Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Approve Payroll Transparency Disclosure for April 2017 Recommendation: That the Board of Directors approve and file the report. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25, 2017 Action (Consent): 7. Accept the occupancy count as presented as 22,518 and direct staff to prepare a warrant to CR&R Environmental Services for $220,572.82 for April 2017 collection. Recommendation: Accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for April 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the May 2017 warrant list. Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $189,521.02 for April 2017 recycling and disposal services in the May 2017 warrant register Recommendation: Approve the preparation of a warrant to CR Transfer in the amount of $189,521.02 for April 2017 recycling and disposal services to be ratified in the May 2017 warrant register. Action (Consent): 9. Receive and File Sewer Lateral Assistance Program (SLAP) Update for April 2017 Recommendation: That the Board of Directors receive and file this report. Action (Consent): 10. Adopt Warrant Resolution No. CMSD 2017-11 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2017-11 approving District warrants for the month of April 2017 in the amount of $1,078,267.44. Action (Consent): 11. Approve Investment Report for the Month of April 2017 Recommendation: That the Board of Directors approve the Investment Report for the month of April 2017. Motion: To approve the Consent Calendar with the exception of Items B2, B3, B4, and B12. Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Mr. Mosher commented that the minutes included in Items B2, B3, and B4 indicated that there was nothing to report after each closed session. He commented further that the minutes should include the topic of the closed session items to indicate what was discussed. Additionally, Mr. Mosher provided COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25, 2017 comments regarding the costs described in the proposed second amendment to the District's agreement with Roger Faubel Public Affairs in Item B12. Action (Consent): 2. Board of Directors Study Session Meeting Minutes of April 11, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 3. Board of Directors Special Meeting Minutes of April 14, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Board of Directors Regular Meeting Minutes of April 27, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Motion: To continue Items B2, B3, and B4 to the June 22, 2017 Board of Directors Meeting. Motion by Mike Scheafer, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Action (Consent): 12. Roger Faubel Public Affairs, Inc. - Consider Approving Second Amendment to Agreement Recommendation: That the Board of Directors considers approving a second amendment to agreement with Roger Faubel Public Affairs, Inc. Motion: To approve Item B12. Motion by Mike Scheafer, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25,2017 Action: 1. CMSD Contribution Program — Consider contributing $500 to Estancia Boosters for Stadium Banner Recommendation: That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Estancia High School Boosters Program; and 2. Describe how the expenditures will advance CMSD's purpose; and 3. Consider contributing $500 to continue hanging a CMSD banner at Jim Scott Stadium. Director Perry recused himself from the meeting at 5:37 P.M. due to his relationship with Estancia High School. General Manager, Scott Carroll, presented the request for a contribution of $500 to the Estancia Boosters Program and noted that the Board of Directors must establish a District purpose that would be served by the contribution. Discussion followed regarding the banner design. Motion: To approve the contribution of $500 to the Estancia Boosters Program in order to continue hanging a banner that promotes the District's Organics Recycling Program at Jim Scott Stadium. Motion by Arlene Schafer, second by Mike Scheafer. Final Resolution: Motion Carries 4-0-1 Aye: Arlene Schafer, Bob Ooten, Jim Ferryman, Mike Scheafer Abstention: Art Perry There were no further questions or discussion. Director Perry re-entered the meeting at 5:50 P.M. Action: 2. CMSD Contribution Program - Consider contributing $1,000 to the City of Costa Mesa Silent 4th of July Fireworks Show Recommendation: That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the proposed silent fireworks display; and 2. Describe how the expenditures will advance CMSD's purpose; and 3. Consider contributing $1,000 for the proposed silent fireworks display. Mr. Carroll presented the contribution request for $1,000 for the City of Costa Mesa's Silent 4th of July Fireworks Show. He noted that the District would be allowed to place informational materials about District programs at an information booth during the event. President Scheafer asked which entity the $1,000 contribution would be going towards. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25, 2017 Mr. Carroll noted that the request was made verbally by Councilman John Stephens, but that it was unclear which entity the contribution would go towards. Director Perry commented that the request should have been made in writing. Discussion followed regarding the request being time sensitive and concern about the entity receiving the contribution. Vice President Ferryman suggested that the approval be made contingent upon the entity receiving the contribution. District Counsel, Alan Burns, noted that the Board of Directors can give Mr. Carroll the authority to make the judgment to approve the contribution based on whether the recipient is a valid foundation or legal entity. President Scheafer indicated agreement that the Board of Directors should give Mr. Carroll the authority to approve the $1,000 contribution with the contingency that the contribution is made to the Costa Mesa Foundation rather than to the City of Costa Mesa. Discussion followed regarding whether or not a city can receive donations. Director Perry requested that Mr. Carroll follow up with the Board of Directors once he finds out which entity would receive the contribution. President Scheafer opened public comments. Jim Mosher, a resident, indicated concern about the vagueness of the request and provided comments about the relevance of the event to the District's functions. Discussion followed regarding the event logistics, including the topics of parking and admission. Motion: To give Mr. Carroll the authority to approve the $1,000 contribution with the contingency that the contribution is made to the Costa Mesa Foundation rather than the City of Costa Mesa. Motion by Jim Ferryman, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. Action: 3. Preliminary Budget Review For FY 2017-18 and FY 2018-19 COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25, 2017 Recommendation: The Board of Directors requests Staff to bring back the Proposed Biennial Budget for the Fiscal Year 2017-18 and 2018-19 to the June 22, 2017 Board meeting for adoption. Finance Manager, Wendy Davis, presented the preliminary budget and noted that the Board of Directors requested further discussion about the Wastewater Fund charging the Solid Waste Fund rent for the District headquarters building. Ms. Davis added that the Solid Waste Fund is being charged $52,800 per year and noted that the Board of Directors can lower the rent if they choose to. Director Perry indicated concern with using Solid Waste Funds for rent. Ms. Davis noted that the Board of Directors intended to utilize Solid Waste reserves after the implementation of the Organics Recycling Program. She added that it may be seen as inequitable if the Solid Waste Fund was not charged for rental of the headquarters building. President Scheafer indicated agreement with Ms. Davis. Ms. Davis added that the rent will also help offset the costs of repairs to the building. She then opened discussion of the proposed purchase of a mobile generator to provide backup power to the headquarters building. Discussion followed regarding the generator type, how District staff is notified of power outages, and the cables needed for the mobile generator. Assistant Secretary Ooten suggested that staff research the possibility of using large batteries as an alternative form of backup power. President Scheafer added that the Board of Directors have also discussed the use of solar power. Discussion followed regarding the use of solar energy. Ms. Davis introduced a discussion of the proposed landscaping and sidewalk improvements. Mr. Carroll noted that pedestrians often walk in the street around the District's headquarters. He recommended the installation of a permeable sidewalk and drought tolerant landscaping. Ms. Davis requested that the final discussion topic, the earthquake reserve, be brought to either a Special Meeting on May 31 or the June 13 Study Session. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25,2017 President Scheafer requested that staff provide an assessment of the District's infrastructure in terms of earthquake preparedness. District Engineer, Rob Hamers, shared that he could provide an assessment and noted that the District had a study of its pump stations done. Ms. Davis noted that staff recommends adopting policies for the earthquake reserve and asset management. She added that the District has paid off its other post-employment benefits liabilities, but that the District still has the California Public Employees' Retirement System (PERS) unfunded liability to pay off. Ms. Davis specified that these liabilities include approximately $3,300 for the Public Employees Pension Reform Act (PEPRA) plan, $12,000 for the PERS 2 plan, and $320,000 for the Classic PERS plan. She added that her minimum request is that the District pay off the PEPRA and PERS 2 liabilities and contribute $120,000 toward the Classic PERS liability. Discussion followed regarding the benefit of paying these liabilities off sooner rather than later. Ms. Davis added that staff is proposing an increase in the end salary range of the SCADA Technician position due to the position being below the current market value. She noted that there will be no additional cost at this time because the current staff member is within the existing salary range, but that the maximum salary of the range would increase. Director Perry indicated agreement that the position's salary range should increase to be competitive with the market. Ms. Davis shared that staff applied for a grant to receive funding for its Household Hazardous Waste (HHW) programs but did not receive the grant. She noted that staff is in the process of negotiating with CR&R to provide the HHW services in lieu of the grant funding. Discussion followed regarding the District's HHW programs and HHW drop off locations. Ms. Davis asked when the Board of Directors would like to discuss the remaining budget item. The Board of Directors directed staff to bring the remaining budget item back for discussion at the June 13 Study Session. Ms. Davis noted that Assistant Secretary Ooten emailed staff with questions about the budget. She explained that there are carryovers in the budget for the COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25,2017 current year's Capital Improvement Projects for any unfinished Grade 5 and manhole repairs. Discussion followed regarding the closed circuit television of the wastewater system, the timeline for the completion of the Master Plan, the force main evaluation, and the potential solid waste rate increase. Assistant Secretary Ooten requested that staff provide a schedule indicating when the solid waste rate increase will occur. There were no further questions or discussion. E. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File Capital Improvement Projects Status Report Recommendation: The Board of Directors receive and file this report. District Engineer, Rob Hamers, presented the CIP report. There were no questions or discussion and the report was received. F. TREASURER'S REPORTS Nothing to report at this time. G. ATTORNEY'S REPORTS Nothing to report at this time. H. 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) - (Vice President Ferryman) Assistant Secretary Ooten shared that he attended the OCSD meeting because Vice President Ferryman was not able to attend. He noted that the 405 freeway widening project was discussed. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25,2017 District Engineer, Rob Hamers, noted that the project will not impact the District's wastewater system. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry shared the he, Vice President Ferryman, and Assistant Secretary Ooten attended the SARFPA meeting. He noted that there was a legislative report stating that the omnibus bill had passed. Additionally, he shared that he and Vice President Ferryman are being nominated to be part of the Executive Committee. 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer shared that ISDOC's Secretary position is open due to Leslie Keane's resignation. Additionally, he noted that ISDOC was able to decrease its cost for membership in the Orange County Council of Governments (OCCOG). 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer provided an updated regarding CSDA's Legislative Days conference in May. Additionally, she noted that she is running for re-election on CSDA's Executive Board. 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer shared that SDRMA's most recent meeting included presentations regarding investments and workers compensation. Additionally, he noted that he is up for re-election. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Vice President Ferryman noted that he attended a tour of Costa Mesa's parks with City Manager, Tom Hatch, and Councilman John Stephens. President Scheafer shared that he enjoyed presenting rewards to participants of the Alkaline Battery Recycling Program. Assistant Secretary Ooten suggested that the District provide parents with battery collection pails during the next cycle of the Alkaline Battery Recycling Program. I. OLD BUSINESS COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25, 2017 None at this time. J. NEW BUSINESS Action: 1. Independent Special Districts of Orange County (ISDOC) - Proposed Amendments to Bylaws Recommendation: That the Board of Directors authorizes President Scheafer to cast a "Yes" vote on behalf of CMSD for approving the bylaw amendments. General Manager, Scott Carroll, presented the proposed amendments to the ISDOC bylaws. Motion: To authorize President Scheafer to cast a "Yes" vote on behalf of CMSD for approving the bylaw amendments. Motion by Arlene Schafer, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments Assistant Secretary Ooten noted that the Orange Coast College Recycling Center renovation will be complete in July. He added that the District may be able to use the center's classrooms for the proposed Citizens Environmental Protection Academy. Secretary Schafer requested that District staff promote the pump station art wraps. President Scheafer noted that the Lions Club Fish Fry will take place from June 2 to 4. L. ADJOURN TO CLOSED SESSION President Scheafer adjourned the meeting to closed session at 7:06 P.M. to confer with Real Property Negotiators (Gov Code §54956.8) for the property at 2252 Fairview Road, Costa Mesa. The agency negotiator was Scott Carroll and the other negotiating party was Mike Johnson. M. RECONVENE TO OPEN SESSION COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 25,2017 President Scheafer reconvened to open session at 7:32 P.M. He reported that the Board of Directors authorized the General Manager to make an offer on the property at 2252 Fairview Road after a 3-2 vote (Ayes: President Scheafer, Secretary Schafer, Assistant Secretary Ooten; Noes: Vice President Ferryman, Directory Perry) subject to the terms and conditions of the sale of the property. N. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting at 7:33 P.M. 1 ±1' /4/I/ A nre 'chafer 11F 1' Mi•'ael Scheaf Secretary President