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00 - Agenda 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, May 23 , 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 (If 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 – Recogni zing the International Christian Acade my of Costa Mesa for winning their category and placing second Countywide for the MUZEO TrashArt Challenge V I . Announcement of Late Communications NOTE: Unless directed otherwise by the Board of Directors, all actions shall be based on /memorialized by t he latest document submitted as a late communication. Costa Mesa Sanitary District May 23 , 2013 AGENDA Page 2 V I I . 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 o n 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 min utes. 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 resolu tions 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 Special Meeting Minutes of April 3, 2013 Recommendation: That the Board of Directors approve and file. 2. Board of Directors Special Meeting Minutes of April 10 , 2013 Recommendation: That the Board of Directors approve and file. 3. Operations Committee Minutes of April 16 , 2013 Recommendation: That the Board of Directors approve and file. 4 . Board of Directors Regular Meeting Minutes of April 18 , 20 13 Recommendation: That the Board of Directors approve and file. 5 . O ccupancy 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 April 2 013 . 6 . Contract Payment to CR Transfer for Recycling & Disposal S ervices Recommendation: That the Board of Directors approves payment to CR Transfer for recycling and disposa l ser vices for the mo nth of April 2013 . 7 . 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 April 201 3 in the amount of $784,934.22 8 . Directors’ Compensation and Re imbursement of Expenses Recommendation: That the Board of Directors approves Directors ’ compensation and reim bursement o f exp enses for the month of April 2013 . 9 . Claim - Oestreicher Recommendation: That the Board of Directors reject the claim. 10. Claim – Mercury Insurance Recommendation: That the Board of Directors reject the claim Costa Mesa Sanitary District May 23 , 2013 AGENDA Page 3 11 . 3 rd Quart er Budget Report Recommendation: That the Board of Directors receive and file the report ---------------------------------------------END OF CONSENT CALENDAR ------------------------------------- IX . PUBLIC HEARING S – None X. GENERAL MAN AGER / DISTRICT CLERK REPORTS 1 2 . Knowledge Transfer Program Rec ommendation: That the Board of Directors receive s and f iles the District’s Knowledge Transfer Program . Mr. Patrick Ibarra, Co -Founder and Partner of The Mejorando Group will be giving a presentation to the Board about the program . 13 . CR&R Performance Audit Results Recommendation: Receive report from Michael Balliet Consulting, LLC and direct staff to implement recommendations cited in the report. 14 . Proposed FY 2013/14 & 2 014/15 Budget Recommendation: That the Board of Directors give staff di rections on the proposed budget and direct staff to bring back a final budget on June 27, 2013 for adoption. 15 . Public Records Act Request Policy and Adoption of Resolution 2013 -83 1 Establishing Fees for Services Rendered by the Office of the District Clerk Recommendation: That the Board of Directors: 1. Receive and file Administrative Regulation No. 60.00 establishing the Public Records Act Request policy and procedures to facilit ate accessibility of information to members of the public. 2. Adopt Resolution No. 2013 -831 setting fees and charges for duplicating District information. 16 . Adopting Ordinance No. 97 Adding Section 6.04.085 to the Operations Code Establishing Plumbing Fix ture Fee Credits Recommendation: That the Board of Di rectors adopt Ordinance No. 97 adding Section 6.040.085 to the Operations Code e stablishing plumbing fixture fee credits. 17. California Legislative Analysis Report Recommendation: That the Board of Directors approve supporting SB 254 (Hancock) and opposing AB 323 (Chesbro) and AB 1333 (Hernandez). X I . OPERATIONS COMMITTEE 18 . Tuesday May 21 , 2013 , 9 :30 a.m. - (Vice Presid ent Scheafer and Director Perry ) Rec ommendation: That the Board of Directors accepts an d 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 dis cussed 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. Costa Mesa Sanitary District May 23 , 2013 AGENDA Page 4 XII . ENGINEER’S REPORTS 19 . Proje ct Status Report Recommendation: That the Boar d of Directors rece ive and file the report . 20 . Project #192 – System Wide Sewer Reconstruction, Phase 2 – 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 i s recorded. 3. Exonerate Labor and Material Bond after Notice of Completion is recorded and exonerate Faithful Performance Bond one year of Notice of Complet ion is rec orded . 21 . Project #196 – Installation of Backup Power and Pumping Capability, Phase 1 – Sole Source the Acquisition of Permanent By -Pass Pumps Recommendation: That the Board of Directors approves the following action: 1. Find that for reasons of conformi ty, uniformity, compatibility, simplification of maintenance and emergency response, it is in the best interests of the public for the District to approve the sole source of Godwin Pumps for the purchase of four (4) complete backup pumping station units at the Elden, 23 rd , Mendoza, and Victoria Pumping Stations. 2. Authorize the General Manager to negotiate directly with Xylem to purchase the four Godwin backup pumping units that will be installed as part of the construction contract for the above referenced P roject #196 at an estimated cost of $300,000. The District will solicit bids to install the pumping units. 22 . Project #199 – Transfer of Fairview Trunk from OCSD – Condition of Assessment, Engineer’s Estimate to Rehabilitate & Results of Soils Investig ation Recommendation: That the Board o f Directors approves the following action : 1. Direct the General Manager to request OCSD review and accept the revised Engineer’s Estimate of $427,600 for rehabilitation work to bring the Fairview Trunk up to industry s tandards. 2. Authorize the General Manager to work with OCSD in preparing a transfer agreement for Board of Directors approval that includes payment of the Engineer’s Estimate for rehabilitation work. 3. Direct the General Manager to contact C.J. Segerstrom & Sons and apprise them of the status of the transfer and sewer service for the Home Ranch property. XIII . TREASURER’S REPORTS 23 . Investment Report Recommendation: That the Board of Directors approves the Investment Report for the month of April 2013 X IV . ATTORNEY’S REPORTS - None Costa Mesa Sanitary District May 23 , 2013 AGENDA Page 5 XV . 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 pe r 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 e ligible 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) Re commendation: That the Boa rd of Directors accepts oral report. B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Boa rd of Directors accepts oral report. C. Independent Special Districts of Orange C ounty (ISDOC) – (Vice President Scheafer ) Recommendation: That the Boa rd of Directors accepts oral report. D. California Special Districts Association (CSDA) Recommendation: That the Boa rd of Directors accepts oral report. E. California Association of S anitation Agencies (CASA) Recommendation: That the Boa rd of Directors accepts oral 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 24 . Board of Directors Study Session – Oral Report Recommendation: That the Board of Directors consider replacing the Operations Committee meetings with Board of Directors Study Session and direct staff to report back with a revision to the Operations Code 25 . 2013 CSDA Award Nominations – Oral Report Recommendation: That the Board of Directors consider submitting award nominations to the California Special Districts Association (CSDA). X VIII . ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XI X. ADJOURNMENT THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECT ORS WILL BE HELD ON JUNE 27 , 2013 AT 5:30 P.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19 TH STREET. A LOOK AHEAD – U pcoming Meetings , Events and Tentative Agenda items  Adopt and ratify Strategic P lan revisions –May 28, 2013  Adopt FY2013 -14/2014 -15 Budget – June 27, 2013  Adopting Zero Waste P lan – To be determined Costa Mesa Sanitary District May 23 , 2013 AGENDA Page 6  Saturday & Sunday, June 1 & 2, 2013 – Fish Fry & Co sta Mesa Community Run – Fairview Park on the north side of Scott Stadium  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 collectio n.  Sewer Lateral Assistance Program (SLAP) – The SLAP is a financial incentive 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 vis it www.cmsdca.gov or call (949) 645 -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. UPCOMING CMSD & COMMUNITY EVENTS AND ACTIVITIES