Costa Mesa Sanitary District
... an Independent Special District
AGENDA 
 
Michael Scheafer
President
Arthur Perry
Vice President
Robert Ooten
Secretary
Arlene Schafer
Assistant Secretary
James Ferryman
Director


Public Comments.  Any member of the public may address the Board.  Speakers on agenda items should identify themselves to the Deputy Clerk before the meeting so that their input can be provided at the time the item is considered.  Speakers on non-agenda items will be heard under Public Comments.  Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances.  Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer.  The Presiding Officer reserves the right to declare any speaker out of order.

Obtaining Agenda Materials:  The public is entitled to copies of all documents that are made part of the agenda packet.  If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 19th Street, Costa Mesa, California.  The Deputy Clerk of the District may be contacted at (949) 645-8400.

In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).


BOARD OF DIRECTORS REGULAR MEETING

628 W. 19th Street, Costa Mesa, CA 92627

Thursday, April 28, 2016

5:30 PM

I.CALL TO ORDER
II.PLEDGE OF ALLEGIANCE
III.INVOCATION
IV.ROLL CALL
(If absences occur, consider whether to deem those absences excused based on facts presented for the absence - such determination shall be the permission required by law.)
V.Ceremonial Matters and Presentations
VI.Announcement of Late Communications
NOTE:  Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication.

 

VII.PUBLIC COMMENTS
This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda.  Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered.

 

Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting.  The Board of Directors will respond after public comment has been received.  Please state your name.  Each speaker will be limited to four (4) continuous minutes.

 


VIII.CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received.  Only Board of Directors may pull an item for discussion.  Reading of resolutions is waived and they will be adopted and numbered.  Now is the time for those in the audience who wish to speak to items listed on the consent calendar.  Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
1.Board of Directors Study Session Meeting Minutes of March 8, 2016
Recommendation: That the Board of Directors approve and file.
2.Board of Directors Regular Meeting Minutes of March 24, 2016
Recommendation: That the Board of Directors approve and file.
3.Occupancy Report and Payment to CR&R Environmental Services

Recommendation: That the Board of Directors:

1.    The Board of Directors accepts the occupancy count as presented using 22,372 as the correct number of active units.

2.    The Board of Directors directs staff to prepare a warrant to CR&R Environmental Services for March 2016 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $219,142.69 to be ratified in the April 2016 warrant list.  

4.Contract Payment to CR&R Environmental Services for Recycling & Disposal Services
Recommendation: That the Board of Directors directs staff to prepare a warrant to CR&R Environmental Services in the amount of $194,382.93 for March 2016 recycling and disposal services to be ratified in the April 2016 warrant register.
5.Adoption of a Warrant Resolution No. CMSD 2016-10 Approving District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2016-10 approving District warrants for the Month of March 2016 in the amount of $939,634.27. 
6.Payroll Transparency Disclosure for March 2016
Recommendation: That the Board of Directors approve and file.
7.Directors’ Compensation and Reimbursement of Expenses

Recommendation: That the Board of Directors approve the following:

a.  Directors’ compensation for the month of March 2016; and

b.  Directors’ reimbursement of expenses for the month of March 2016.

8.Sewer Lateral Assistance Program (SLAP) Update
Recommendation: That the Board of Directors approve and file.
------------------------------- END OF CONSENT CALENDAR-------------------------------
IX.PUBLIC HEARINGS
X.GENERAL MANAGER
9.Art Wraps for Wastewater Pump Station Control Panels
Recommendation: That the Board of Directors approves the recommendation from the Ad Hoc Committee and appropriate $7,300 from the Wastewater Contingency Fund to support this program.
10.Extension and Amendment to Employee Lending Agreement with Orange County Sanitation District (OCSD)
Recommendation: That the Board of Directors approves the Agreement allowing OCSD staff to service as CMSD’s Alternate District Engineer. 
11.FY 2015-16 Budget Review – Third Quarter
Recommendation: That the Board of Directors receive and file the report.
12.Third Quarter FY 2015-20 Strategic Plan Report
Recommendation: That the Board of Directors receive and file the report.
13.City of Newport Beach Encroachment Agreement for Emergency Generator at 23rd Street Pump Station
Recommendation: That the Board of Directors approve the Encroachment Agreement.
XI.ENGINEER'S REPORTS
14.Project Status Report
Recommendation: That the Board of Directors receive and file the report.
15.Conflict of Interest Report
Nothing to Report at this time.
16.Project #311 Sewer Manhole Surface Repair Program – Phase II – 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 is recorded.

3.  Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. 

XII.TREASURER'S REPORTS
17.Resolution No. 2016-880 – Intent to Lease-Purchase Financing
Recommendation: That the Board of Directors adopt Resolution No. 2016-880 authorizing the execution and delivery of an installment sale agreement, and authorizing and directing certain actions in connection with the acquisition of an administrative facility.
18.Investment Report for the Month of March 2016
Recommendation: That the Board of Directors approves the Investment Report for the month of March 2016.
XIII.ATTORNEY'S REPORTS
XIV.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.)

 

A. Orange County Sanitation District (OCSD) - (Director Ferryman)
Recommendation:  That the Board of Directors accepts oral report. 
B.Santa Ana River Flood Protection Agency (SARFPA) - (Vice President Perry)
Recommendation:  That the Board of Directors accepts oral report.
C.Independent Special Districts of Orange County (ISDOC) - (President Scheafer)
Recommendation:  That the Board of Directors accepts oral report.
D.California Special Districts Association (CSDA) - (Assistant Secretary Schafer)
Recommendation:  That the Board of Directors accepts oral report.
E.Special District Risk Management Authority (SDRMA) - (President Scheafer)
Recommendation:  That the Board of Directors accepts oral report.
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.
XV.OLD BUSINESS
XVI.NEW BUSINESS
XVII.ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
XVIII.ADJOURN TO CLOSED SESSION
19.Discuss litigation with legal counsel pursuant to Government Code Section 54956.9:
Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board, OCSC #_______. 
20.Conference with Real Property Negotiators

Property:  628 W. 19th Avenue, Costa Mesa

Agency Negotiators:  Scott Carroll and Jack Faris

Negotiating Parties: 

1.  Daniel Webb, MacJones Holdings LLC;

2.  Mohammad Gharavi Ghouchani;

3.  Livia de los Rios

4.  Peter J. Shea 

Under Negotiation:  Price and terms of payment

XIX.RECONVENE TO OPEN SESSION
XX.ADJOURNMENT
UPCOMING CMSD AND COMMUNITY EVENTS AND ACTIVITIES
•Costa Mesa Community Run - April 23, 2016 from 6:30 am to 12:00 pm at Estancia High School, 2323 Placentia Avenue
•Action Arts in the Park - May 14, 2016 from 2:00 pm to 6:00 pm at TeWinkle Park, 970 Arlington Drive
•Art Exhibit by Eva Malhotra - April 4 through May 4, 2016 at Newport Beach Central Library, 1000 Avocado Avenue
•Artist Reception: Eva Malhotra - April 30, 2016 from 2:00 pm to 5:00 pm at Newport Beach Central Library, Friends Room, 1000 Avocado Avenue
•Sunday Musicale at Central Library: Orange County Guitar Orchestra - May 15, 2016 from 3:00 pm to 4:00 pm at Newport Beach Central Library, 1000 Avocado Avenue
•Large Item Pick Up – Contact CR&R at (949) 646-4617 to schedule a free large item pick up (up to 10 items per service call, three times per year)