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00 - AGENDA 2012-07-26 Costa Mesa Sanitary District …an Independent Special District AGENDA Robert Ooten President James Ferryman Michael Scheafer Vice President Secretary James Fitzpatrick Arthur Perry Assistant Secretary Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the 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 Clerk of the District may be contacted at (949) 645-8400, ext. 223. In Compliance with ADA: Contact Joan Revak, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting – Thursday, July 26, 2012 CALL TO ORDER – 5:30 p. m. – 628 W. 19th Street, Costa Mesa PLEDGE OF ALLEGIANCE – President Ooten INVOCATION – Director Scheafer 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.) Ceremonial Matters and Presentations Anno uncement 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. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. REPORTS Minute Approval Operations Committee – June 19, 2012 Regular Board of Directors Meeting – May 24, 2012 and June 28, 2012 Financial Reports Occupancy Report and payment to Costa Mesa Disposal – July 2012 Approve Contract Payment to CR Transfer for Recycling Services & Disposal Ratify Payment for June 2012 Adoption of Warrant Resolution No. CMSD 2013-01 Ratifying Payment Ratify Payments for the Month of June 2012 in the amount of $1,025,063 Directors’ Compensation and Reimbursement of Expenses for the Approve Compensation Month of June 2012 & Ratify Expenses Budget Transfer for Installation of Electric Strike on HQ Door System Approve Other Reports Conflict of Interest Code Biennial Update Approve Resolution No. 2012-817, Authorizing the Disposition of District Adopt Resolution Assets Strategic Plan for Fiscal Years 2010-15 – Quarterly Progress Report Receive & File2011-12 3rd and 4th Quarters ------ ---------------------------------------END OF CONSENT CALENDAR------------------------------------- PUBLIC HEARING PUBLIC COMMENTS GENERAL MANAGER’S REPORTS Pension and Retirement Health Unfunded Liability Consider Quarterly Budget Report Receive & File Project #195 – Front Lobby Expansion Accept Improveme nts File Notice of Completion, Exonerate Bonds Consider establishing a second monthly Board meeting to replace the Consider Operations Committee Award Contract to Manufacture and Deliver One Vactor Truck Consider OPERATIONS COMMITTEE Friday, July 20, 9:30 a.m. (Director Ferryman and Director Fitzpatrick) Note: The Operations Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observers. ENGINEER’S REPORTS Project Status Report Receive & File Project #129 Bristol Street Sewer Replacement, Phase II Accept Improvements, File Notice of Completion, Exonerate Bonds Project #164 Root Control Program Accept Improvements File Notice of Completion, Exonerate Bonds Sewer Cleaning Program Consider TREASURER’S REPORTS Investment Report for the month of June 2012 Approve Resolution No. 2012-818, Adopting Statement of Investment Policy for Fiscal Year 2012-13 Adopt Resolution ATTORNEY’S REPORTS CLERK OF THE DISTRICT’S REPORTS Resolution No. 2012-819, Ordering that Ordinance No. 90 Adopt Resolution Has Been Published Resolution No. 2012-820, Ordering that Ordinance No. 91 Adopt Resolution Has Been Published LOCAL MEETINGS Reminder: In accordance with AB 1234 (Gov. Code 53232.5), 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.) Orange County Sanitation District (OCSD) Accept Report (Director Ferryman) Santa Ana River Flood Protection Agency (SARFPA) Accept Report (Director Perry) Independent Special Districts of Orange County (ISDOC) Accept Report California Special Districts Association (CSDA) Accept Report California Association of Sanitation Agencies (CASA) Accept Report Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD OLD BUSINESS NEW BUSINESS ORAL COMMUNICATIONS AND DIRECTOR COMMENTS CLOSED SESSION Conference with District Counsel – Existing Litigation (Gov. Code § 54956.9(a)) Name of case: In the Matter of the Quo Warranto Application “The People of the State of California, on the relation Costa Mesa Sanitary District, a public agency, Bob Ooten, Jim Ferryman, Mike Scheafer, and Art Perry, as individuals” – Opinion No 12-602 Attorney Baric’s request that the District pay legal fees incurred in defending Jim Fitzpatrick ADJOURNMENT