NovusAGENDA

	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. 19^th 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, May 26, 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 April 12, 2016
			Recommendation: That the Board of Directors approve and file.
		2.	Board of Directors Special Meeting of April 20, 2016
			Recommendation: That the Board of Directors approve and file.
		3.	Board of Directors Regular Meeting Minutes of April 28, 2016
			Recommendation: That the Board of Directors approve and file.
		4.	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 22,380 as the correct number of active units. 2. The Board of Directors directs staff to prepare a warrant to CR&R Environmental Services for April 2016 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $219,221.05 to be ratified in the May 2016 warrant list.
		5.	Contract Payment to CR Transfer for Recycling & Disposal Services
			Recommendation: That the Board of Directors directs staff to prepare a warrant to CR Transfer in the amount of $189,365.32 for April 2016 recycling and disposal services to be ratified in the May 2016 warrant register.
		6.	Adoption of a Warrant Resolution No. CMSD 2016-11 Approving District Warrant Registers
			Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2016-11 approving District warrants for the Month of April 2016 in the amount of $1,260,569.74.
		7.	Payroll Transparency Disclosure for April 2016
			Recommendation: That the Board of Directors approve and file.
		8.	Directors’ Compensation and Reimbursement of Expenses
			Recommendation: That the Board of Directors approve the following: a. Directors’ compensation for the month of April 2016; and b. Directors’ reimbursement of expenses for the month of April 2016.
		9.	Sewer Lateral Assistance Program (SLAP) Update
			Recommendation: That the Board of Directors approve and file.
		10.	Investment Report for the Month of April 2016
			Recommendation: That the Board of Directors approves the Investment Report for the month of April 2016.
		11.	Resolution No. 2016-881
			Recommendation: That the Board of Directors adopt Resolution No. 2016-881 ordering that publication of Ordinance No. 112 revising the District’s requirements for sewer permits has occurred.

------------------------------- END OF CONSENT CALENDAR-------------------------------


	IX.	PUBLIC HEARINGS


	X.	GENERAL MANAGER


		12.	Ordinance No. 114 – Adopting a Revised Operations Code
			Recommendation: That the Board of Directors adopt Ordinance No. 114 revising the District’s Operations Code.
		13.	Resolution No. 2016-882 – Administrative Policies
			Recommendation: That the Board of Directors approves adopting Resolution No. 2016-882 readopting Administrative Policies Manual to supplement personnel rules set forth in the Employee Handbook.
		14.	Resolution No. 2016-883 – Employee Handbook
			Recommendation: That the Board of Directors approves adopting Resolution No. 2016-883 readopting the Employee Handbook setting forth personnel rules.
		15.	Resolution No. 2016-884 – Authorizing the Sale of the Property at 628 W 19th Street, Costa Mesa, and Making Findings Relating Thereto
			Recommendation: That the Board of Directors approves adopting Resolution No. 2016-884 authorizing the sale of the property at 628 W. 19th Street, Costa Mesa, and making findings relating thereto.
		16.	Board of Directors Health Insurance
			Recommendation: That the Board of Directors: 1. That the Board of Directors direct staff to file a termination resolution for non-CalPERS members to be filed in July 2016 with an effective date of January 2017; or 2. That the Board of Directors continue the option for Board members to participate in the District’s health insurance plan.
		17.	Ordinance No. 115 Confirming Annual Charges for Solid Waste and Sewer for FY 2016-17
			Recommendation: That the Board of Directors adopt Ordinance No. 115.
		18.	Consideration of Solid Waste Annual Charges and the Wastewater Annual Charges for FY 2016-17 to be Collected with the General Taxes
			Recommendation: That the Board of Directors: 1. Adopt Resolution No. 2016-885 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 the County Auditor; and 2. Adopt Resolution No. 2016-886 confirming the wastewater annual charges for FY 2016-17 to be collected with the general taxes and direct the District Clerk to file with the County Auditor.
		19.	Budget Transfer Grade 5 Pipe Rehab Project #315
			Recommendation:That the Board of Directors approves the appropriation of funds as follows: Account: Grade 5 Pipe Rehab #315 Account Number: 20-201315-4300 Increase: $500,000 Account: Westside PS Abandonment #101 Account Number: 20-200601-4300 Decrease: $500,000
		20.	Proposed California Special District Association Bylaws Updates
			Recommendation: That the Board of Directors authorize President Scheafer to vote on behalf of the District, whether in favor or against, adopting the 2016 proposed CSDA Bylaws Amendments.


	XI.	ENGINEER'S REPORTS


		21.	Project Status Report
			Recommendation: That the Board of Directors receive and file the report.
		22.	Conflict of Interest Report
			Nothing to Report at this time.
		23.	Project 196-C Installation of Backup Power for 23rd Pump Station – Acceptance of Improvements
			Recommendation: That the Board of Directors: 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.
		24.	1527 Newport Blvd. – Acceptance of Sewer Improvements Constructed by Private Developer
			Recommendation: That the Board of Directors accept sewer improvements and exonerate bonds.


	XII.	TREASURER'S REPORTS


		25.	Finance Update for the Property at 290 Paularino Avenue - Oral Report
			Recommendation: That the Board of Directors receive and file the report.


	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

26.

ADJOURN TO CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

(Government Code Section 54956.9(d)(1)):

1. Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board (OC Sup Ct # 30-2016-0084260 CU-CM-CJC)

(Government Code Section 54956.9(d)(1) and (4):

2. Claim of Costa Mesa Sanitary District filed with the Victim Compensation and Government Claims Board, Claim No. C628876 (Caltrans)


	XIX.	RECONVENE TO OPEN SESSION


	XX.	ADJOURNMENT


				UPCOMING CMSD AND COMMUNITY EVENTS AND ACTIVITIES


	•	Memorial Day, Monday, May 30, 2016. CMSD Headquarters and Corporate Yard will be closed in observance of the holiday.
	•	Costa Mesa-Newport Harbor Lions Club Fish Fry, Friday June 3 through Sunday, June 5, 2016 at Fairview Park, 2501 Plancentia 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).
	•	Free Door-to-Door Household Hazardous Waste Collection Program for Seniors and Immobile Residents – Contact CR&R Environmental Services at (949) 646-4617 to schedule a free collection.