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00 - AGENDA 2013-03-28 P rotecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District …an Independent Special District AGENDA James Ferryman President Michael Scheafer Arthur Perry Vice President Secretary Robert Ooten Arlene Schafer Assistant Secretary Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to th e 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 item s 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 i s 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 obtai ned at the District offices at 628 W. 19 th Street, Costa Mesa, California. The Deputy Clerk of the District may be contac ted at (949) 645 -8400. In Compliance with ADA: Contact Noelani Middenway , (949) 645 -8400, 48 hours prior to meeting if assistance is n eeded (28 CFR 35.102.35.104 ADA Title II). R e g u lar Meeting – Thursday, March 28 , 2013 I. CALL TO ORDER – 5:30 p. m. – 628 W. 19 th Street, Costa Mesa II. PLEDGE O F A LLEGIANCE – President Ferryman III. INVOCATION – Vice President Scheafer IV. ROLL CALL (I f absences occur, consider whether to deem those absences excused based on facts prese nted for the absence – such determination shall be the permission required by law.) V. Ceremonial Matters and Presentations – V I . 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. Costa Mesa Sanitary District March 28, 2013 AGENDA Page 2 V I I . PUBLIC COMMENTS – This time has been set aside for persons in the audience to make comment s 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 th ose 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 c omment 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 pub lic 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 ca lendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Board of Directors Special Meeting Minutes of February 4, 2013 Recommendation: That the Board of Directors approve and file. 2. Board of Directors Special Meeting Minutes of February 19 , 2013 Recommendation: That the Board of Directors approve and file. 3. Operations Committee Minutes of February 19 , 2013 Recommendation: That the Board of Directors approve and file. 4. Board of Directors Special Meeting Minutes of February 22 , 2013 Recommendation: That the Board of Directors approve and file. 5 . Board of Directors Regular Meeting Minutes of February 27 , 20 13 Recommendation: That the Board of Directors approve and file. 6 . Occupan cy Report and payment to Costa Mesa Disposal Recommendation: That the Board of Directors approves the occupancy report and payment to Costa Mesa Dis posal for the month of February 2 013 . 7 . Contract Payment to CR Transfer for Recycling & Disposal Serv ices Recommendation: That the Board of Directors approves payment to CR Transfer for recycling and disposa l ser vices for the month of February 2013 . 8 . Adoption of a Resolution Approving District Warrant Registers Recommendation: That the Board of Dir ectors adopt a resolution approving District warrants for the Month of February 201 3 in the amount of $5 78,982.43. 9 . Directors’ Compensation and Re imbursement of Expenses Recommendation: That the Board of Directors approves Directors ’ compensation and r eimbursement o f exp enses for the month of February 2013 . 10 . Investment Report for the Month of February 2013 Recommendation: That the Board of Directors approve the Investment Report for the month of February 2013 Costa Mesa Sanitary District March 28, 2013 AGENDA Page 3 1 1 . Annual Health Benefit Br oker Fees and Commissions Disclosure Recommendation: That t he Board of Directors receive and file the report for calendar year 2012 12 . Third Amendment to Employment Agreement (General Manager) Recommendation: That the Board of Directors approves am ending the General Manager agreement . ---------------------------------------------END OF CONSENT CALENDAR ------------------------------------- IX . PUBLIC HEARING S – None X. GENERAL MANAGER / DISTRICT CLERK REPORTS 1 3 . Appeal to the Sewer Lateral Assistance Program (SLAP) Guidelines Rec ommendation: That the Board of Directors: 1. Deny Ms. Slick’s appeal to request reimbursement from the Sewer Lateral Assistance Program because it will set precedent for not complying with SLAP Guideli nes. 2. Direct staff to work with the City of Newport Beach Building Department to ensure city staff directs residents within CMSD service area to District headquarters to obtain sewer permits. 14 . Proposed FY 2013/14 & 2014/15 Spending Plan Recommendation : That the Board of Directors give staff directions on the proposed two year spending plan for the District’s Solid and Liquid Waste Funds . 15 . Proposed F Y 2013/14 & 2014/15 CIP Recommendation: That th e Board of Direc tors give staff directions on the pr opo sed Capital Improvement Plan . 16 . City of Costa Mesa 60 th Anniversary Recommendation: That the Board of Directors: 1. Discuss ideas to help promote the anniversary and special events; 2. Approve allocating the necessary funds for promotional programs; and 3. Direct staff to work with the Anniversary Celebration Planning Committee to implement the ideas approved by the Board at tonight’s meeting. 1 7 . City of Costa Mesa Mayor’s Celebration – The Art of Leadership Recommendation: That the Board of Directors: 1. Considers being a Bronze Sponsor to the Mayor’s Celebration – The Art of Leadership. 2. Approve budget adjustment in the amount of $2,500 to provide adequate funding for the sponsorship. 1 8 . Notice of Nominations for the Special District Risk Management Aut hority (SDRMA) Board of Directors 2013 Election Costa Mesa Sanitary District March 28, 2013 AGENDA Page 4 Recommendation: That the Board of Directo rs considers nominating a representative from CMSD to serve on SDRMA Board of Directors and direct staff to prepare a resolution for the April 18, 2013 Board of Dire ctors meeting. X I . OPERATIONS COMMITTEE 19 . Tuesday March 19 , 2013 , 9 :30 a.m. - (Vice Presid ent Scheafer and President Ferryman ) Rec ommendation: That the Board of Directors accepts and files report . 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 fo r the items discussed and to be discussed. The Board may take action on any of t hose items on this agenda. Other Board members may attend but only as observers. XII . ENGINEER’S REPORTS 20 . Proje ct Status Report Recommendation: That the Boar d of Directors receive and file the report . 21 . Proposed OCSD Transfer of Fairview Tr unk – Condition Assessment and Engineer’s Estimate to Rehabilitate Recommendation: Tha t the Board of Directors considers the Engineer’s Report and directs the Genera l Manager to conduct a soils test. XIII . TREASURER’S REPORTS - None X IV . ATTORNEY’S REP ORTS 2 2 . Deletion of Attorney’s Fees Provisions in Standard CMSD Agreements Recommendation: That the Board of Directors approves deleting the attorney’s fees provisions from standard CMSD agreements. XV . LOCAL MEETINGS : In accordance with AB 1234 (G ov. 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 compensatio n 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) – (President Ferryman) Recommendation: That the Boa rd of Directors accepts oral report. B. Santa Ana Ri ver Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Boa rd of Directors accepts oral report. C. Independent Special Districts of Orange County (ISDOC) – (Vice President Scheafer ) Recommendation: That the Boa rd of Directors accepts oral report. D. California Special Districts Association (CSDA) Costa Mesa Sanitary District March 28, 2013 AGENDA Page 5 Recommendation: That the Boa rd of Directors accepts oral report. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Boa rd of Directors accepts o ral report. F. Other Meetings Qualifyin g for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Recommendation: That the Boa rd of Directors accepts oral report. XV I . OLD BUSINESS - None XVII . NEW BUSINESS - None XVIII . ORA L COMMUNICATIONS AND DIRECTOR COMMENTS XIX. ADJOURNMENT TO CLOSED SESSION 21 . P ursuant to Government Code Section 54956.9(b): CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION One potential case. Weisenberger vs. Costa Mesa Sanitary Distr ict XX. RECONVENE TO OPEN SESSION X X I . ADJOURNMENT THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECT ORS WILL BE HELD ON APRIL 18 , 2013 AT 5:30 P.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19 TH STREET. A LOOK AHEAD – Upcoming Meet ings , Events and Tentative Agenda items  Special Meeting – Zero Waste Plan, April 1, 2013 at 9:30 a.m.  Review rates and other reven ue sources – April 18 , 2013  Public hearing to consider adoption of proposed sewer rates – April 18 , 2013  Draft FY2013 -14/2014 -15 Budget – May 23, 2013  Adopt FY2013 -14/2014 -15 Budget – June 27, 2013  Adopting Zero Waste Plan – June 27, 2013, tentatively  Thursday, April 25, 2013 at 5:30 p.m. City of Costa Mesa Mayor’s Celebration – The Art of Leadership – Samueli Theater at Se gerstrom Center for the Arts.  Saturday, April 27 , 2013 at 10 :00 a.m. – Free Composting Workshop at Fairview Park (next to Estancia High School). Don’t forget to bring your lawn chairs.  Sunday, June 2, 2013 – Costa Mesa Community Run – Estancia High School .  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. UPCOMING CMSD EVENTS AND ACTIVITIES Costa Mesa Sanitary District March 28, 2013 AGENDA Page 6  Sewer Lateral Assistance Program (SLAP) – The SLAP is a financial inc entive program to encourage residents to maintain their lateral sewer line. The program will contribute 50% of the resident’s cost up to a maximum of $1,800. For more information visit www.cmsdca.gov or call (949) 64 5 -8400.  Large Item Collection Program – Residents are eligible for three (3) complimentary pick -ups per year. There is a limit of ten items per call or collections can be combined for a total of thirty items per calendar year. For more information visit www.cmsdca.gov or call (949) 646 -4617 to schedule an appointment.