OJAI VALLEY SANITARY DISTRICT A Public Agency

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1 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California (805) FAX (805) MINUTES OF REGULAR MEETING OF BOARD OF DIRECTORS OJAI VALLEY SANITARY DISTRICT The Regular Meeting of the Ojai Valley Sanitary District Board of Directors was held at the District Office, 1072 Tico Road on. The meeting was called to order by Chairman Curtis at 6:00 p.m. and roll call taken as follows: DIRECTORS PRESENT: DIRECTORS ABSENT: STAFF PRESENT: OTHERS PRESENT: William M. Stone Peter M. Kaiser William C. Murphy Russ Baggerly John R. (Randy) Burg John R. (Jack) Curtis Stan Greene (arrived at 6:04 p.m.) Jeff Palmer, General Manager Brenda Krout, Clerk of the Board Ronald E. Sheets, Operations Superintendent Mark A. Zirbel, District Legal Counsel Robert N. Kwong, District Legal Counsel 3. Pledge of Allegiance Director Stone led the pledge of allegiance. 4. Additions or amendments to the Agenda 5. Public Concerns (items not on the agenda - three minute limit). This is an opportunity for members of the public to speak on items not on the agenda. George Galgas, resident on Katherine Avenue Oak View, addressed the Board explaining that he called the District office today and while he was on hold the music was awful, stating it is an embarrassment to the District and should be upgraded. zc _T-7-eig

2 Page 2 Mr. Galgas expressed his concern about seeing non-district employees as passengers in District vehicles, stating he did not feel this was right and feels it opens the District to extra liability issues. 6. Board Concerns (Items not on the agenda - three-minute limit) PUBLIC HEARINGS: CONSENT ITEMS: - All consent items are considered in a single motion and voted on without discussion. Any item removed from the consent list at the request of a Board member or the public will be considered immediately following approval of the remaining consent items. Upon motion of Director Kaiser, seconded by Director Murphy and passed by unanimous roll call vote, Item Nos. 7, 8 & 9 on the consent calendar were approved as submitted. 7. Approval of Minutes Regular Meeting April 25, 2016 (a recording of each meeting is retained at the District Office for a minimum of 4 years) 8. Deferred Payment of Capacity Charges Agreements a. Approve the Agreements Affecting Real Property as listed below: Eric & Margaret Jenssen Trust Randy Haney & Dara Marks b. Authorize the Chairman to sign the approved Agreements; and c. Direct staff to record the Agreements with the County of Ventura Recorder's Office. 9. Approval of Checks Approve the checks for payment as submitted. \\OVSD-ARCHIVEMy Documents\Board Mtgs\2016\ \Minutes.docx 'VO

3 Page 3 ITEMS: 10. Independent Audit Services Contract No Mr. Palmer discussed the new law, AB 1345, that limits the number of years a public agency can use the same prime auditor to conduct the annually required independent audits. The District has contracted with Poindexter and Company to perform the annual audits for several years; however, in accordance with AB 1345 Poindexter is eligible for one more 3-year contract with the District. Bids from six accounting firms were received and Poindexter and Company was the lowest responsible bid. Upon motion of Director Burg, seconded by Director Murphy and passed by unanimous roll call vote it was agreed that a three-year contract for the annual independent audit for the fiscal years ending June 30, 2017, 2018 and 2019 would be awarded to Poindexter and Company; and the Chairman was authorized to sign Contract No Between Ojai Valley Sanitary District and Poindexter and Company to perform annual auditing services for the fiscal years ending June 20, 2017, 2018 and 2019, in an amount not to exceed $33,600 for the 3-year term of the contract Sewer Main Rehabilitation Project Contract No Mainline Repairs & Manhole Replacements Manhole Repairs - Budget Adjustment No Mr. Palmer explained that the work proposed with these contracts is preparation work for the 2016 Sewer Main Rehabilitation Project scheduled for later this summer. Upon motion of Director Baggerly, seconded by Director Kaiser and passed by unanimous roll call vote the Chairman was authorized to sign Contract No , for completion of the mainline repairs and manhole replacements identified in the 2016 Sewer Main Rehabilitation Project area between the Ojai Valley Sanitary District and Frank's Rooter & Pumping Service Inc. in an amount not to exceed $171,700; and Ventura Regional Sanitation District's proposal to repair the interior of the four manholes identified in the 2016 Sewer Main Rehabilitation Project area in an amount not to exceed $8,433 was accepted; and Budget Adjustment No transferring $180,133 from the Collection System Replacement Reserve fund to the Major Expenditures-C/S account to cover the cost of identified preparation work for the 2016 Sewer Main Rehabilitation Project was adopted. The City of Ojai's new archeological monitoring requirements were discussed in relation to this project. Mr. Palmer explained that all the soil in the project area is soil that has already been distributed; however, staff is in the process of working with an outside archeologist to evaluate the archeological risk and the process to adhere to the City's requirements. \\OVSD-ARCHIVEMy Documents\Board Mtgs\2016\ Winutes.docx 21

4 Page Surplus Property Disposal Proposed Revision to Ordinance No. OVSD-65 Section 6 Mr. Palmer reviewed the reasoning behind this proposed ordinance revision regarding surplus property disposal, noting that old computer equipment is the primary focus for the revision. Mr. Palmer explained the current process for disposing of old computer is to offer it to public schools, other public agencies and local non-profits; if none of these entities want the equipment then it is disposed through proper E-waste disposal protocol. Mr. Palmer explained that in many cases the computer equipment is still useable it is just outdated and the schools, etc. do not have a use for it. Current policy prohibits District employees and Directors from purchasing this equipment. The goal of the proposed revision would provide a provision allowing District employees and Directors to purchase such equipment. The proposed revision was discussed with Directors expressing various concerns including how the Fair Political Practices Commission would view such purchases, who would be designed to establish the selling price of such items and opposition to Directors being allowed to purchase any surplus District equipment. Mark Zirbel, District Legal Counsel, stated that after listening to the Board's concerns he felt legal counsel will be able to work with staff to develop wording to address their concerns and accomplish the changes the Board supported. George Galgas, resident of Katherine Avenue Oak View, addressed the Board questioning whether the supported changes to the current policy would apply to disposal of vehicle; Mr. Galgas stated that if it does it would be a conflict of interest and had the potential to create a black market. Mr. Galgas urged the Board to distribute surplus equipment to the schools or offer it to rate payers; Mr. Galgas stated that rate payers should have the first right of refusal. Mr. Palmer stated that during his tenure with the District 5 surplus vehicles have been disposed of; two of them were traded-in on the replacement vehicle being purchased, one sold to a local public agency and one sold for a profit to a member of the public through an ad on Craig's List. Mr. Galgas continued to emphasis that the District's rate payers should have first choice on all District surplus equipment. Mr. Galgas suggested the District have a yard sale in the parking lot. It was agreed that staff will work with legal counsel to develop an Ordinance with wording that addresses the Board's concerns regarding disposal of surplus property and accomplish the supported changes to the existing policy. This item will be brought back to the Board at a future meeting as a draft Ordinance. \\OVSD-ARCHIVE\My Documents\Board Mtgs\2016\ \Minutes.docx 20

5 Page Consolidation of District Election Resolution No Upon motion of Director Baggerly, seconded by Director Murphy and passed by unanimous roll call vote Resolution No , Requesting Consolidation of the Ojai Valley Sanitary District General District Election with the Presidential General Election was adopted; and the Clerk of the Board was directed to submit an attested copy of the adopted Resolution and the Notice of Elective Offices to be filled, to the Ventura County Clerk and Recorder, Office of the Registrar of Voters. 14. District Legal Counsel Services Mr. Palmer reviewed the recent changes at the law firm Arnold, LaRochelle, Mathews, VanConas & Zirbel LLP (known as A to Z Law) which the District has contracted with since November 14, 2000 to serve as District Legal Counsel, primary District Counsel being Mark Zirbel. Mr. Palmer noted that as Mr. Zirbel slows down his work load A to Z Law firm partner, Robert Kwong is taking on a more significant role providing legal counsel to the District. Mr. Zirbel spoke about the changes at the law firm, expressing extreme confidence in Mr. Kwong explaining that Mr. Kwong has extensive experience in public agency law having been with the County of Ventura for many years. Mr. Kwong is recognized statewide as an expert on CEQA. Mr. Zirbel stated that he is slowing down his work load but will continue to be involved with the District along with Mr. Kwong. Upon motion of Baggerly, seconded by Director Kaiser and duly passed it was authorized to continue with legal services from Arnold, LaRochelle, Mathews, VanConas & Zirbel LLP (known as A to Z Law) under the provisions of the Agreement For Legal Services executed on November 14, Cost of Living Salary Adjustment Resolution No Mr. Palmer explained the basis of the proposed cost-of-living adjustment of salary ranges for all District employees, excluding the General Manager. Upon motion of Director Baggerly, seconded by Director Kaiser and passed by unanimous roll call vote a 2.4 percent cost-of-living adjustment of salary ranges for all District employees, excluding the General Manager, was approved; and Resolution No , Adoption of the Ojai Valley Sanitary District Salary reflecting the 2.4 percent cost-of-living adjustment, Effective July 3, 2016 was adopted; and Budget Adjustment No transferring $42,354 From the Contingency & Stabilization Reserve to provide funding for the cost-of-living adjustment was adopted. \\OVSD-ARCHIVE\My Documents\Board Mtgs\2016\ \Minutes.docx 27

6 Page Sewer Service Charges For Collection On Tax Rolls For Fiscal Year Set Hearing Upon motion by Director Murphy, seconded by Director Baggerly and duly passed the reports listing parcel numbers and the amounts of proposed charges to be placed on the tax roll for collection FY (Exhibits A & B) were accepted; June 27, 2016 at 6:00 p.m. in the District Boardroom was set as the time and place for a hearing to be held to review parcels to be reentered and added for the first time; the Clerk of the Board was directed to notify by mail each person to whom any parcel listed on Exhibit B is assessed of (1) the District's intent to have service charges for FY collected on the general tax rolls of Ventura County, and (2) the time and place of the hearing for the proposed assessment reports; and the Clerk of the Board was directed to publish a notice of the report filing and the time and place of the hearing. Publication of the notice shall be once a week for two successive weeks with five intervening days. 17. Sewer Capacity Charges Paid In Installments Collected On The Tax Roll For Fiscal Year Set Hearing Upon motion of Director Greene, seconded by Director Kaiser and duly passed the report listing parcel numbers and the amounts of proposed charges to be placed on the tax roll for collection FY (Exhibits A & B) was accepted; June 27, 2016 at 6:00 p.m. in the District Boardroom was set as the time and place for a hearing to be held to review parcels for entry on the general tax roll for collection in FY ; the Clerk of the Board was directed to notify by mail each property owner of any parcel listed on Exhibit B assessing them of (1) the District's intent to have installments on the Deferred Capacity Charge Agreements due for FY collected on the general tax rolls of Ventura County, and (2) the time and place of the hearing for the proposed assessment reports; and the Clerk of the Board was directed to publish a notice of the report filing and the time and place of the hearing. Publication of the notice shall be once a week for three successive weeks with five intervening days between each publication. \\OVSD-ARCHIVE\My Documents\Board Mtgs\2016\ Win tes.docx

7 Page SDS Financing Program Installment Payments Collection On Tax Rolls For Fiscal year Set Hearing Upon motion of Director Baggerly, seconded by Director Stone and duly passed the report listing parcel numbers and the amounts of proposed charges to be placed on the tax roll for collection FY (Exhibit A) was accepted; June 27, 2016 at 6:00 p.m. in the District Boardroom was set as the time and place for a hearing to be held to review parcels for reentry on the general tax roll for collection in FY ; the Clerk of the Board was directed to publish a notice of the report filing and the time and place of the hearing. Publication of the notice shall be once a week for two successive weeks with five intervening days. INFORMATION ITEMS FOR RECEIPT & FILE 19. Monthly Financial Reports 20. Monthly Investment Report 21. Staff Reports - Operations, Administration and Management of the District 22. Committee Reports 23. Reports On Meetings, Seminars, or Conferences Attended 24. Items of Interest/Correspondence/Articles 25. Discussion (items not on the agenda - three-minute limit) a. Public - (Public is requested to present completed speaker's card to Clerk of the Board) \\OVSD-ARCHIVE\My Documents\Board Mtgs\2016\ \Minutes.docx /z) -- 7

8 Page 8 b. Board Members Director Stone stated that he once again wants to extend a thank you to all the District employees for continuing to maintain such an excellent safety record. Director Baggerly presented an update on the status of Lake Casitas stating the lake is 40.7 percent full and Casitas will be instituting Stage 3 water restrictions July 1st c. General Manager Mr. Palmer updated the Board on various issues including the following: 2016 Bond Refinance will close on May 26, 2016; refinance of the District's 2 Bond Issues; resulting in a savings of $1.2 million over the term of the issue. Drought conditions have created a lot of conversation about re-use of the District's effluent; haven't heard back from the City of Ventura since we responded to their letter questioning if the District was opposed to them taking our effluent; the District isn't opposed to them taking our water, they just have to do it legally complying with all the related laws. Lately the District office has received a few usual calls, involving name calling, etc.; staff has been instructed to forward these types of calls to the General Manager; rudeness will not be tolerated. Water conservation efforts due to the drought has resulted in the plant's flows being down, 1.3 mgd 1.5 mgd; because of the low flow the BOD and SOS has increased but the plant has been able to handle it fine. All operations working fine. Bereavement leave was discussed current policy is 2 days off this seems an inadequate amount of time off for a family death. 26. Adjournment Chairman Curtis adjourned the meeting at 7:44 p.m.. Burg, Secretary APPROVED: o n R. Curtis, Chairman \\OVSD-ARCHIVE\My Documents\Board Mtgs\2016\ \Minutes.docx 4-8

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