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2018_12_20_boardThursday, December 20, 2018 Board of Directors Regular Meeting 290 Paularino Avenue, Costa Mesa at 5:30 P.M. Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District 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 four 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 290 Paularino Avenue, Costa Mesa, California. In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). A. OPENING ITEMS 1. Call to Order - President Scheafer 2. Pledge of Allegiance - President Scheafer 3. Invocation - Vice President Ferryman 4. 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.) 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. 6. Ceremonial Matters and Presentations B. 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. 1. Public Comments C. 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. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of November 13, 2018 3. Approve the Board of Directors Special Meeting Minutes of November 26, 2018 4. Approve the Board of Directors Regular Meeting Minutes of November 29, 2018 5. Approve the Directors' Compensation and Reimbursement of Expenses 6. Approve the preparation of a warrant to CR Transfer in the amount of $205,120.47 for November 2018 recycling and disposal services in the December 2018 warrant register 7. Accept the occupancy count as presented as 22,702 and direct staff to prepare a warrant to CR&R Environmental Services for $222,375.17 for November 2018 collection 8. Adopt Warrant Resolution No. CMSD 2019-6 Approving District Warrant Registers 9. Approve and file the Payroll Transparency Disclosure for November 2018 10. Approve the Investment Report for the Month of November 2018 D. GENERAL MANAGER'S REPORTS 1. Receive and file the 2019 Certified Election Results 2. Board of Directors Nominations and Appointments 3. Consider Approving the Costa Mesa Sanitary District 2019 Meeting and Office Closure Calendar 4. Citizens Advisory Committee (CAC) December 12, 2018 Meeting Overview 5. Consider Acquiring One Twelve Cubic Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for $411,364 6. Budget Appropriation and Transfer - CMSD 75th Anniversary Activities E. ENGINEER'S REPORTS 1. Receive and File Monthly Capital Improvements Projects Status Report F. TREASURER'S REPORTS G. ATTORNEY'S REPORTS 1. Ordinance No. 123 - Adoption of Rosenberg's Rules of Order 2. Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code H. 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. 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) 4. California Special Districts Association (CSDA) - (Secretary Schafer) 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 I. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments J. ADJOURN TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) K. RECONVENE TO OPEN SESSION 1. Reconvene to Open Session and Report Out L. CLOSING ITEMS 1. Adjourn Thursday, December 20, 2018 Board of Directors Regular Meeting 290 Paularino Avenue, Costa Mesa at 5:30 P.M. Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District 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 four 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 290 Paularino Avenue, Costa Mesa, California. In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). A. OPENING ITEMS Subject 1. Call to Order - President Scheafer Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Scheafer Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Ferryman Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Michael Scheafer, President James Ferryman, Vice President Arlene Schafer, Secretary Robert Ooten, Assistant Secretary Arthur Perry, Director Subject 4. 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.) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural B. 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. Subject 1. Public Comments Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural C. 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. Subject 1. Approve Consent Calendar Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Consent Calendar as presented. 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. C. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: December 20, 2018 Subject: Approve the Board of Directors Study Session Minutes of November 13, 2018 Summary The recorded minutes of the November 13, 2018 Board of Directors Study Session are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Study Session on November 13, 2018. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 20, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments Subject 2. Approve the Board of Directors Study Session Minutes of November 13, 2018 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Nov 13, 2018 - Board of Directors Study Session minutes_2018_11_13_ss.pdf (68 KB) 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. C. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: December 20, 2018 Subject: Approve the Board of Directors Special Meeting Minutes of November 26, 2018 Summary The recorded minutes of the November 26, 2018 Board of Directors Special Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Special Meeting on November 26, 2018. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 20, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments Subject 3. Approve the Board of Directors Special Meeting Minutes of November 26, 2018 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Nov 26, 2018 - Board of Directors Special Meeting minutes_2018_11_26_special.pdf (53 KB) 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. C. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: December 20, 2018 Subject: Approve the Board of Directors Regular Meeting Minutes of November 29, 2018 Summary The recorded minutes of the November 29, 2018 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Regular Meeting on November 29, 2018. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 20, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments Subject 4. Approve the Board of Directors Regular Meeting Minutes of November 29, 2018 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Nov 29, 2018 - Board of Directors Regular Meeting minutes_2018_11_29_rm.pdf (71 KB) 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. C. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk Date: December 20, 2018 Subject: Directors' Compensation and Reimbursement of Expenses Summary The Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the Directors' Compensation and Reimbursement of Expenses. Staff Recommendation That the Board of Directors approve the compensation and reimbursement of expenses as presented. Legal Review Not applicable. Environmental Review Consideration of the compensation and reimbursement of expenses is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 20, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the compensation and reimbursement of expenses as presented. 2. Direct staff to report back with more information. File Attachments director_comp.pdf (412 KB) director_expense.pdf (412 KB) Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as presented. 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. C. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 20, 2018 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $205,120.47 for November 2018 recycling and disposal services in the December 2018 warrant register Summary This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill. With the implementation the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks. Recommendation That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $205,120.47 for November 2018 recycling and disposal services to be ratified in the December 2018 warrant register. Analysis Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and Newport Beach. Costa Mesa Newport Beach Total Residential Waste $142,336.75 $4,905.71 $147,242.45 Organics $55,158.16 $2,719.86 $57,878.02 Total Payment $205,120.47 Tonnage Residential Waste 2738.83 94.39 2833.22 Organics 771.45 38.04 809.49 Total Tonnage 3642.71 Legal Review Not Applicable Subject 6. Approve the preparation of a warrant to CR Transfer in the amount of $205,120.47 for November 2018 recycling and disposal services in the December 2018 warrant register Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $205,120.47 for November 2018 recycling and disposal services to be ratified in the December 2018 warrant register. Goals 2.00 Solid Waste 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. C. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 20, 2018 Subject: Accept the occupancy count as presented as 22,702 and direct staff to prepare a warrant to CR&R Environmental Services for $222,375.17 for November 2018 collection Summary Accept the occupancy count as presented using 22,702 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for November 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,375.17 to be ratified in the December 2018 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 22,702 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for November 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,375.17 to be ratified in the December 2018 warrant list. Analysis The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop and pick-up trash. The District pays CR&R $9.7954 per occupant per month. Each month, new residential customers in brand new developments contact the District to establish new trash service. District staff contacts CR&R to approve the drop-off of carts at the residence, which results in an increase in the occupancy count as shown on the attached list. Over the years, some discrepancies have occurred in the number of total occupancies. District staff has been working with CR&R to reconcile the entire list of service addresses for the past few months. As of November 30, 2018, total District occupancy was at 22,702, District staff will continue to track the number of new service addresses, eight (8) accounts have been added since the last billing period. The payment calculation is based on the following: Subject 7. Accept the occupancy count as presented as 22,702 and direct staff to prepare a warrant to CR&R Environmental Services for $222,375.17 for November 2018 collection Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 22,702 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for November 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,375.71 to be ratified in the December 2018 warrant list. Goals 2.00 Solid Waste District's Current Rate for November of 2018: 22,702 x $9.7954 = $222,375.17 Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 20, 2018 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. File Attachments 2018-11-G CMSD Occupancy Report.pdf (13 KB) 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. C. 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. File Attachments WARRANT RESO 12-2019.pdf (388 KB) Subject 8. Adopt Warrant Resolution No. CMSD 2019-6 Approving District Warrant Registers Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2019-6 approving District warrants for the month of November 2018 in the amount of $801,310.18. Goals 7.0 Finance 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. C. 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. To: Board of Directors From: Kaitlin Tran, Senior Accountant Date: December 20, 2018 Subject: Approve Payroll Transparency Disclosure for November 2018 Summary Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Analysis Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 22, 2018 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov Alternative Actions Refer item back to staff with further instructions. Subject 9. Approve and file the Payroll Transparency Disclosure for November 2018 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors approve and file the report. Goals 7.0 Finance File Attachments Payroll Transparency Disclosure November 2018.pdf (1,348 KB) 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. C. 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. To: Board of Directors From: Marc Davis, District Treasurer Date: December 20, 2018 Subject: Approve the Investment Report for the month of November 2018 Summary Attached is the Investment Report for the month of November 2018. As required by the District’s Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Recommendation That the Board of Directors approve the Investment Report for the month of November 2018. Analysis This report lists the types of securities held in the District’s portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of November 30, 2018. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the July 26, 2018 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer’s Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. The weighted average stated rate of return (current yield) for the District’s investment portfolio as of September 30, 2018, was 1.797%. The yield to maturity of the portfolio was 1.819%. The District’s weighted average interest rate was 39 basis points (0.389%) below the LAIF average monthly rate for November 2018 of 2.208%. The weighted average number of days to maturity for the District’s total portfolio was 735 days (2.00 years). The average duration of the underlying securities in LAIF as of November 30, 2018 was 207 days. The District’s investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of November 30, 2018 was 25.00%. The District has adequate cash reserves necessary to meet its obligations for the next six months. A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the District’s cash and investments are as follows: Solid Waste Fund: Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash deficit during the period in which the District does not receive any of its annual charges Subject 10. Approve the Investment Report for the Month of November 2018 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Investment Report for the month of November 2018. from the County of Orange. Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organics recycling costs. Wastewater Fund: Operating Reserve - Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Reserved for Capital Outlay - Set aside for capital improvement projects approved and budgeted by the Board, but which have not yet been completed. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange. Undesignated - Remaining available cash, which is available to be appropriated by the Board. Facilities Revolving Fund - Collection of fixture fees which is a restricted revenue source and can only be used for new sewer facilities. Asset Replacement Fund - Accumulation of funds for replacement of vehicles, equipment and computers. Asset Management Fund - Accumulation of funds in accordance with the asset management model for long-term replacement of sewer pipes and related infrastructure. Legal Review Legal review is not required. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6, “”Projects” does not include….C. Continuing administrative or maintenance activities.” Financial Review The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30, 2019. Through November 30, 2018, the portfolio has earned a weighted average interest rate of 1.763%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 20, 2018 Board of Directors regular meeting at District Headquarters (290 Paularino Avenue) and on the District’s website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff. File Attachments Investment Report - November 2018.pdf (590 KB) 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. D. GENERAL MANAGER'S REPORTS To: Board of Director From: Noelani Middenway, District Clerk Date: December 20, 2018 Subject: Receive and File November 6, 2018 Certified Election Results Summary The November 6, 2018 election resulted in the re-election of incumbents Arlene Schafer, Mike Scheafer, and Bob Ooten to another four- year term ending in December, 2022. Analysis The Orange County Registrar of Voters has certified the November 6, 2018 election results and confirmed the successful re-election of incumbents Arlene Schafer, Mike Scheafer, and Bob Ooten, who will serve another four-year term ending in December, 2022. The election results are as follows: Candidate Name Vote Count Percentage Arlene Schafer 19,401 30.1% Mike Scheafer 19,034 29.6% Bob Ooten 17,558 27.3% David M. Snyder 8,414 13.1% Recommendation That the Board of Directors receive and file the November 6, 2018 certified election results. Legal Review Not applicable. Environmental Review The results of the November 6, 2018 is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District's CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the agenda packet for the December 20, 2018 Board of Directors meeting at District Headquarters and made available on the District's website at www.cmsdca.gov. Subject 1. Receive and file the 2019 Certified Election Results Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Receive and File Alternative Actions That the Board provide staff with direction. File Attachments Certificates of Election.pdf (1,721 KB) Certificate To Result.pdf (129 KB) D. GENERAL MANAGER'S REPORTS To: Board of Directors From: Noelani Middenway, District Clerk Date: December 20, 2018 Subject: Board of Directors Appointment of Officers Summary At this time, it is appropriate for the Board of Directors to consider appointing new officers of the Board, as well as nominating and appointing Board Members to represent the District on local, regional, and statewide committees and organizations. Analysis Costa Mesa Sanitary District Board Members are nominated and appointed to serve as the District's representatives on several local, regional, and statewide committees and organizations. The following committees require the appointment of a Board Member for a two- year term: Costa Mesa Sanitary District Board: President Vice President Secretary Orange County Sanitation District (OCSD) Board of Directors: Board Member + Alternate Santa Ana River Flood Protection Agency (SARFPA): Board Member + Alternate The Board Members may participate in the appointment of themselves to other agencies and committees, pursuant to Fair Political Practices Commission (FPPC) Regulation 18705.5, which provides that you are allowed to vote on appointments to boards, joint powers authorities of other agencies, or to a standing or ad hoc committee of your own agency, provided the District has adopted and posted on its website, on an FPCC-approved form, the name of the public officer who has been appointed and the position and the name of any alternate, along with the term of the appointment. At this time, it is appropriate to identify any additional committees and/or organizations that require CMSD representation, nomination, and appointment of Board Members to said agencies. Legal Review Not applicable. Environmental Review There is no environmental impact associated with this item. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 20, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Subject 2. Board of Directors Nominations and Appointments Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors considers appointing new officers of the Board, as well as appointing Board members to represent the District on local, regional, and statewide committees and organizations. Goals 5.0 Administrative Management Alternative Actions Other action as directed by the Board of Directors. D. GENERAL MANAGER'S REPORTS File Attachments calendar_2019_meeting_officeclosure_draft.pdf (139 KB) Subject 3. Consider Approving the Costa Mesa Sanitary District 2019 Meeting and Office Closure Calendar Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors approve the Costa Mesa Sanitary District 2019 Meeting and Office Closure Calendar as presented. D. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: December 20, 2018 Subject: Citizens Advisory Committee (CAC) December 12, 2018 Meeting Overview Summary The following is an overview of the topics discussed by the CAC at their December 12 meeting. Recommendation That the Board of Directors receive and file this report. Analysis 1. CMSD Investment Report: District Treasurer Marc Davis gave a power point presentation to the CAC about the District's investment policy. Mr. Davis explained what governments can and cannot invest and described the type of investments currently being made by the District. 2. Approve the CAC Meeting Minutes of November 14, 2018: This item was approved. 3. Draft Board of Directors Meeting Minutes of November 29, 2018: This item was received and filed with no comments from CAC members. 4. Providing Solid Waste Services to Wastewater Customers in Costa Mesa: This item was requested by the CAC to bring back for discussion. Staff gave a presentation describing the approximate number of units serviced by the District's franchise agreement as well as the approximate number of units under the City of Costa Mesa's franchise. Staff also described the process it would take for CMSD to provide solid waste collection services to all multi-family units within the City. CAC members asked if the District is developing a plan to present to the City for taking over solid waste collection services for all multi-family units. Discussion occurred about revenues generated for the City from franchise fees and CAC Chair Carey asked staff how many cities in Orange County use an open market system for bin service. Staff informed the CAC that Costa Mesa and Newport Beach are the only cities in Orange County that have an open market system for solid waste collection services. All other cities have an exclusive franchise agreement with one hauler. The CAC encouraged staff to begin the discussion with City officials to transfer all multi-family solid waste collection services to CMSD and directed staff to bring back the District's plan to the CAC for their review and comments. 5. Ordinance No. 123 - Adoption of Rosenberg's Rules and Order: Staff described the difference between Robert's and Rosenberg's Rules of Order and recommended the CAC recommend the Board of Directors approve Ordinance No. 123. The CAC asked how many special districts are using Rosenberg's Rules of Order, but staff did not know the answer. The CAC asked staff if there was anything in significance that prompted the District to consider adopting Rosenberg's Rule of Order. Staff informed the CAC that there was nothing significant that prompted the District to consider Rosenberg's Rule of Order, only that it will enable the District to stick to basic parliamentary procedures. The CAC unanimously approved recommending the Board adopt Ordinance No. 123 - Adoption of Rosenberg's Rules of Order. 6. Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code: Staff described the proposed revisions to the Purchasing Ordinance along with the procedures used by staff for informal bids, which includes maintaining a list of qualified contractors and sending notice inviting bids to construction trade journals. Staff described the new limits for informal bids that was Subject 4. Citizens Advisory Committee (CAC) December 12, 2018 Meeting Overview Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors receive and file this report Goals 5.0 Administrative Management approved by the State Legislature, and recommended the CAC recommend the Board of Directors approve Ordinance No. 124. The CAC approved recommending the Board adopt Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code with Committee member Lester voting no. 7. Community Wide Diversion: This items was requested by the CAC to bring back for discussion. Staff described the reporting requirements to CalRecycle and why the agency stopped calculating diversion rates and switched to a per-capita disposal method. Discussion occurred about green waste and how its used as alternative daily cover at landfills to calculate per-capita disposal, but that practice will discontinue in 2020 because green waste will be discouraged at landfills and instead the material must be recycled. No action was taken by the CAC because this item was a receive and file item. 8. Christmas Tree Recycling: Staff described this program to the CAC. There were no comments and/or questions from the CAC regarding this item. 9. Consider Recommending the Board of Directors Approve Acquiring One Twelve Cubic Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for $411,364: Staff described the unanticipated repairs and downtime occurring by the two wastewater combination cleaning trucks owned and operated by the District. Staff explained how the excessive downtime of the vehicles could impact the District's goal of cleaning 67% of the entire system within one year. Staff explained the purchasing of a new cleaning truck, while placing one of the existing trucks in reserve, will greatly assist the District for cleaning the wastewater system. Staff discussed the bidding procedures by Sourcewell, a public agency focused on cooperative agreements with government agencies, and wastewater cleaning truck demonstrations performed at the Yard. Staff also described the alternatives to purchasing a new vehicle, which included contracting services and purchasing a used unit. Staff is recommending the purchasing the Vactor truck, which is $25,000 more than the low bid from Vacall because the Vactor can activate the transfer case by pushing one button, which makes operating the equipment much safer for staff. In addition, there is a glove-friendly panel mounted at the front of the truck for tracking and adjusting water pressure, flow, hose footage, chassis RPM and vacuum information. The CAC asked if the District plans on hiring additional staff. Staff informed the CAC that no additional staff will be hired. The new Vactor truck will be put in service while the Vac-Con truck will be placed in reserve. A question was asked if staff consider leasing a new wastewater cleaning truck. Staff said no, but will look into lease options. Staff informed the CAC that the District is obtaining quotes for extended warranty. The CAC asked the cost for normal maintenance. Staff did not know the annual cost for regular preventive maintenance, but advised the CAC that the District does keep up on its routine maintenance and because routine maintenance is performed, the unexpected repairs and downtime should not be occurring. The CAC approved recommending the Board of Directors approve acquiring one twelve cubic yard wastewater combination cleaning truck from Haaker Equipment Company for $411,364 and directed staff to look into lease options, extended warranties and they wanted to know the calculated depreciation value for finance purposes. Committee member Fields abstained from voting. 10. CMSD 75th Anniversary Ad Hoc Committee Meeting - Oral Report from Chair Mike Carey: Chair Mike Carey shared with the Committee the discussions and decisions made by the Committee at its first meeting on November 27, 2018. Chair Carey informed the CAC that the Ad Hoc Committee's next meeting is scheduled for Friday, December 21 at 9:30 am. 11. Consider Approving a Quarterly Citizens Advisory Committee (CAC) Meeting Schedule: Chair Mike Carey led the discussion to consider changing the CAC's meeting schedule from monthly to quarterly. Some CAC member believe monthly meetings are warranted while other CAC members expressed interest to having bi-monthly meetings. Because three CAC members were absent and could not engage in discussion regarding this item, the CAC approved continuing this item for discussion at their scheduled January 9, 2019 meeting. The meeting adjourned at 8:04 pm. Legal Review Not applicable Environmental Review Providing an overview of the CAC's December 12, 2018 meeting is an administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. Financial Review There are no financial impacts to the District. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 20, 2018 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Refer the matter back to staff. D. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: December 20, 2018 Subject: Consider Recommending the Board of Directors Approve Acquiring One Twelve Cubic Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for $411,364 Summary The District's Performance Measurement Goal is to clean 67% of the wastewater system (224 miles) within one year with the objective of cleaning the entire system within eighteen months. Achieving the goal and objective requires two cleaning crews operating two wastewater combination cleaning trucks. The following are the two wastewater cleaning trucks in the District's fleet. 2013 Freight liner-Vac-Con: 12 Cubic Yard 2015 Kenworth Vacall: 6 Cubic Yard Staff is recommending the purchase of a third wastewater combination cleaning truck (Vactor) from Haaker Equipment Company and place the 2013 Vac-Con truck in reserve to be used when when the Vacall and/or Vactor trucks are down for service. Recommendation That the Board of Directors approves acquiring One Twelve Cubic Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for $411,364 and Direct Staff to issue a Purchase Order Analysis In 2016, staff successfully cleaned 77% of the District's wastewater system and in 2017, staff cleaned 74% of the system. Preliminary estimates are showing that staff will achieve it's target goal of cleaning 67% of the system in 2018, but staff may fall short of achieving this goal if one or both of the District's wastewater combination cleaning trucks are down for service for a long period of time. In 2018, staff experience an unusual number of breakdowns for both cleaning trucks even though the District maintained a regular preventive maintenance schedule. The following is a description of the breakdowns that occurred for both cleaning trucks. 2013 Freight liner-Vac-Con 1. 8/11/17: Repair coolant and replace batteries 2. 8/14/17: Install inner hose 3. 10/3/17: Repair hydraulic hose reel motor 4. 11/12/17: Repair hose reel light 5. 12/12/17: Replace float arm 6. 12/14/17: Check engine light and low coolant Subject 5. Consider Acquiring One Twelve Cubic Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for $411,364 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $411,365.00 Budgeted No Budget Source Wastewater Fund - Fixed Asset Replacement Fund Recommended Action That the Board of Directors approves acquiring One Twelve Cubic Yard Wastewater Combination Cleaning Truck from Haaker Equipment Company for $411,364 and Direct Staff to issue a Purchase Order Goals 1.0 Sewer Infrastructure 1.5 Sewer Line Cleaning & CCTV Program 7. 12/18/17: Repair radiator hose outlet 8. 1/25/18: Replace ball valves 9. 2/27/18: Clean DPF filter 10. 3/2/18: Replace cap-washer reservoir 11. 3/9/18: Replace pump, injector and sensor 12. 3/23/18: Repair hydro pump line 13. 6/7/18: Replace valve, crank and seal 14. 6/27/18 Tow charge 15. 6/28/18 Replace transmission computer 16. 8/1/18: Replace metal torque bushing 17. 8/14/18: Welding frame 18. 9/11/18: Tow charge 19. 10/8/18: Transmission service 20. 11/6/18: Replace intake heater/sensor The District spent approximately $26,168 for the repairs identified above. 2015 Kenworth Vacall 1. 9/21/17: Replace steering shaft/windshield 2. 2/12/18 Repair water leak 3. 3/23/18 Replace inner leader hose 4. 5/31/18 Repair water pump oil 5. 10/8/18: Transfer case not working. The transfer case transfers power from the transmission to the front and rear axles by means of drive shafts. It prevents the wheels from moving when the truck is stopped for cleaning and allows staff to safely operate the equipment on the truck (e.g. vacuum, water tank, hose, etc.). If the transfer case is not working then the vehicle could roll forward and severely injure the operator while he/she is cleaning the pipeline. 6. 10/12/18: Transfer case not working 7. 10/25/18: Transfer case not working 8. 10/31/18: Transfer case not working 9. 11/05/18: Transfer case not working 10. 11/14/18: Damaged pins needing repair 11. 12/4/18: Transfer case not working The District spent approximately $3,622 for the repairs identified above; however, the District has not received invoices for resolving the vehicle's transfer case. Vacall's repair shop believes there's a glitch to the vehicle's computer system, but as you can see above, the transfer case is still not resolved as the vehicle is experiencing the same problem as recently as December 4, 2018. While repair costs for the Vacall has been minimal, the vehicle's downtime for trying to resolve the transfer case means less time for cleaning the system, which could result in sanitary sewer overflows (SSOs). In October and December, both vehicles were down simultaneously. To ensure staff does not fall behind it's cleaning schedule, the District rented one wastewater combination cleaning truck from Environmental Rental Services at $3,500 a week. To avoid future unanticipated rental costs and still maintain cleaning schedule, staff is recommending the purchase of a new wastewater combination cleaning truck and place the 2013 Freight liner-Vac-Con in reserve, The District is a member of Sourcewell, also known as the National Joint Powers Alliance (NJPA), which is a public agency that serves as a member focused cooperative for over 50,000 government, education and nonprofit organizations nationally. There is no cost to be a member of Sourcewell. Sourcewll will solicit request for proposals (RFP) and then enters into a cooperative agreement with vendors that have demonstrated the following in their proposal: Conforming to RFP’s intent, scope and specifications Competitive pricing strategies Ability to sell and service Sourcewell Members nationally Financial strength, experience and success in the industry/marketplace References from past customers and prior experience with Sourcewell A clear, concise, aggressive and effective marketing plan Value added related products, services and technological advances Financing options and detailed payment terms Warranty, product and service responsibility Identifying the depth, breadth and quality of products and service offerings According to Section 4.04.120(b) of the District’s Operations Code, the District can purchase items when a competitive bid procedure has been conducted by another public agency. On November 16, 2017 NJPA publicized RFP #122017 for Sewer Vacuum, Hydro-Excavation, and /or Street Sweeper Equipment with Related Accessories and Supplies. In addition, RFPs were requested from and distributed to 48 vendors nationwide. Proposals were due to NJPA on December 20, 2017 and the bid opening occurred on December 21, 2017 in which 30 proposals were received. Attached is a copy of the RFP. NJPA’s Bid Evaluation Committee reviewed the proposals and recommended awarding Contract #122017 to thirteen vendors. On February 19, 2018, NJPA’s Board of Directors awarded a cooperative agreement to the following vendors (attached are comments from the Evaluation Committee): Atlantic Machinery, Inc. Exprolink Inc. Federal Signal Corporation (Vactor) GapVax Inc. Global Environmental Products, Inc. Gradall Inustries, Inc. Hi-Vac Corporation Johnston North America NiteHawk Sweepers, LLC RapidView, LLC Schwarze Industries, Inc. Sewer Equipment Company of America TYMCO, Inc. Of the thirteen vendors above, the following six vendors submitted proposals for wastewater combination cleaning trucks: Atlantic Machinery, Inc (Vac-Con) Federal Signal Corporation (Vactor) Gapvax, Inc. Gradall Industries, Inc. (Vacall) Hi-Vac Corporation Sewer Equipment Company of America Staff contacted Southern California dealers authorized to sell twelve cubic yard wastewater combination cleaning trucks above and scheduled demonstrations at the District Yard. After demonstrations, staff received quotes from the following dealers: 1. $386,540 - Environmental Rental Services (Vacall) 2. $411,365 - Haaker Equipment Company (Vactor) 3. $431,396 - Nixon-Egli Equipment Company (Sewer Equipment Company of America) 4. $515,000 - Plumbers Depot (Gapvax) Staff did not receive a demonstration from Hi-Vac Coporation because the closest dealer is located in Pheonix Arizona and staff did not contact Municipal Maintenance Maintenance, the authorized dealer for Vac-Con, because of all the documented unanticipated repairs to the 2013 Freight liner-Vac-Con (see above). Even though it's nearly $25,000 more than the lowest bid, staff is recommending purchasing one twelve cubic yard wastewater combination cleaning truck from Haaker Equipment Company for $411,365 because of the recent unanticipated repairs and downtime staff is experiencing with the 2015 Kenworth Vacall and staff believes there are more safety features on the Vactor. For instance, in the cab of the Vactor is a 7-inch touchscreen panel that can activate the transfer case by pushing one button (see Page 3 in the Vactor 2100i Brochure attachment). The panel will inform employees when its safe to operate. The Vacall requires numerous manual steps to activate the transfer case. In addition, there is a glove-friendly panel mounted at the front of the truck for tracking and adjusting water pressure, flow, hose footage, chassis RPM and vacuum information. The Vacall does provide smart controls for information about engine performance, water flow and vacuum functions, but the Vacall system does not have all the same features as Vactor's control panel. If a purchase order is issued to Haaker in December, the new Vactor can be delivered to the District by May or June 2019. The new Vacall would be delivered to the District by October 2019. If the Board approves the purchase, the 2013 Freight liner-Vac-Con will be placed in reserved and used when the Vacall and/or Vactor is down for service. This will ensure cleaning schedules are met. ALTERNATIVES 1. Contracting for Cleaning Services Before purchasing the 2013 Vac-Con, the District relied on private vendors to assist with cleaning the wastewater system. FY 2014-15 was the last year when the District used National Plant Services (NPS) to clean 685,409, or 58% of the entire wastewater system at a cost of $196,242 (District staff cleaned the remaining 42% of the system). NPS used two wastewater combination cleaning trucks and each truck had one operator. By contrast, the District uses two employees per cleaning truck for safety reasons. For instance, one employee will clean the system while the other employee monitors traffic and the equipment. In FY 2017-18, the average annual cost for one wastewater combination cleaning truck operated by two employees is approximately $300,000 (cost include salaries, benefits, overhead and equipment). The community and the environment are receiving tangible benefits for having in-house wastewater cleaning crews because the District is experiencing fewer sanitary sewer overflows (SSOs). In 2017, the District had zero SSOs for the first time since staff began documenting SSOs in 1999 and the two SSOs in 2018 were not caused by neglecting to clean the system. By comparison, the five SSOs that occurred between 2014 to 2016 were last cleaned by NPS prior to the SSOs. Other benefits to having in-house wastewater cleaning crews are described below. Ownership – In-house cleaning crews take ownership on the system they are cleaning. They want to be responsible for doing a good job and take pride in their quality of work. Contractors want to get the job done as fast as they can so they can move on to the next job, which is commonly called, “blow and go”. Quality of Work – For private contractors it’s about making a profit, which means the faster they clean the faster they can move on to the next job. Evidence of private contractor’s quality of work was found soon after CMSD begin using its own staff to clean the wastewater system. For instance, CMSD found debris and pieces of broken manholes in the system, contractors failed to notify CMSD about defects, heavy roots, grease or any other obstructions. In-house cleaning crews will make sure the job is done right because they are not under pressure to complete their assignment expeditiously and move on to the next city to make a profit. In- house staff want to be held accountable for the performance and quality of work. Knowledge of System – Private contractors will use different operators for different jobs. They may not be familiar with the system and know where there are sags, heavy roots or FOG (Fats Oil Grease) that may need additional attention to clean. In-house crews will know the system well because they are out in the field every day working on the system to ensure the community’s health and environment are protected. 2. Purchasing One Used Wastewater Combination Cleaning Truck In 2006, the District purchased it's first vehicle to the fleet, a 1992 used six cubic yard wastewater combination cleaning truck for $93,784. The truck was used to clean hot spots (high frequency cleaning locations) while NPS continued to clean the entire system in three years. There are operational and equipment risks for purchasing used vehicles, especially when the vehicle is fourteen years old. During the six years of ownership, the District experience many breakdowns that required repair work and excessive downtime. Below are some of the repairs that needed to be performed on the 1992 vehicle. The District spent $62,261 performing repairs during the six years of ownership. Repaired hose reel Rebuilt starter Replaced 4 glow plugs of engine Replaced hoses Fuel leak Replaced seals and beacon light On December 11, 2018 this item was discussed by the Board of Directors. The Board directed staff to bring back information about extended warranties and feedback from agencies that operate Compressed Natural Gas (CNG) wastewater combination cleaning trucks. Staff obtained extended warranties from Haaker, which are below. 3year extended on the chassis/engine/after treatment warranty- $1,850.00 3year extended on the Vactor body, including transfer case - $6,678.00 Total for 3yr bumper to bumper warranty- $8,528.00 5year extended on the chassis/engine/after treatment - $3,225.00 5year extended on the Vactor body, including transfer case - $13,889.00 Total for 5yr bumper to bumper warranty- $17,114.00 Staff also obtain CNG information from Haaker, which sells more CNG wastewater combination cleaning trucks than any other vendor. CNG technology has vastly improved in the last decade where the engine power is equivalent to diesel engine; however, the big difference is fuel consumption. The operational availability of CNG wastewater cleaning trucks is approximately six hours. Constantly refueling the truck takes away cleaning times, but more importantly the truck may not be available during emergencies due to refueling needs. On December 12, 2018, this item was discussed by the Citizens Advisory Committee (CAC). The CAC approved recommending the Board of Directors acquire one twelve cubic yard wastewater combination cleaning truck from Haaker Equipment Company for $411,364. The CAC also recommended staff look into lease options, extended warranties and the depreciation value for finance purposes. According to Haaker, lease options are available where the District could lease a new wastewater combination cleaning truck for five years with full warranty and maintenance agreement with Haaker then the District can return the unit for a new unit after five years; however, Haaker did not have enough time to submit a proposal by December 20. As per CAC directions, attached is a copy of the District's fleet depreciation schedule for the last five years. Legal Review Not applicable. If the Board approves staff's recommendation, a purchase order between the District and Haaker will be executed. Environmental Review The Vactor truck by Haaker will be powered by green diesel, which is considered a clean fuel that reduces greenhouse gas emissions, but it's still diesel, so the Vactor will be fitted with a diesel particulate filter that removes particulate matter in diesel exhaust. The filter is a requirement from the California Air Resources Board (CARB). The District is exempt from South Coast Air Quality Management District (AQMD) Rule 1196, which requires newly acquired heavy duty vehicles be powered by alternative fuel, such as Compressed Natural Gas (CNG), because the Rule applies to fleets with 15 or more heavy duty vehicles. If the Board approves the purchase, the Vactor will be the District's third heavy duty vehicle in the fleet. Financial Review The cost to purchase one twelve cubic yard wastewater combination cleaning truck from Haaker Equipment Company is $411,365, which includes sales tax and delivery charges. The balance in the District's Fixed Asset Replacement Fund is nearly$1.4 million, so there is adequate funding for this purchase. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 20, 2018 regular Board of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the District's website at www.cmsdca.gov. Alternative Actions 1. Do not purchase the Vactor from Haaker Equipment Company. 2. Direct staff to purchase the Vacall from Environmental Rental Services for $386,540, which includes sales tax and delivery. 3. Direct staff to continue renting wastewater combination cleaning trucks when the Vac-Con and/or Vacall is down for service. Assuming the District had to rent one wastewater combination cleaning truck for an entire year, the cost would still be substantially less than purchasing a new truck. Cost for an annual rental could range from $182,000 to $220,000, but there is no guarantee a truck would be available when needed. 4. Consider temporary contracting for cleaning services when the Vac-Con and/or Vacall is down for service. 5. Direct staff to purchase a used wastewater combination cleaning truck. 6. Direct staff to report back with additional information. File Attachments Sewer Vacuum RFP 122017.pdf (1,443 KB) Comment and Review-Sewer Vac.-122017.pdf (1,736 KB) Vactor 2100i-Brochure-Web.pdf (1,071 KB) CMSD Vehicles Depreciation.pdf (32 KB) D. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: December 20, 2018 Subject: Budget Appropriation and Transfer - CMSD 75th Anniversary Activities Summary 2019 will be the District's 75th Anniversary since the voters approved incorporation in 1944. The Board of Directors established a 75th Anniversary Ad Hoc Committee, consisting of Secretary Schafer, Director Perry, Citizens Advisory Committee (CAC) Chair Mike Carey, CAC Vice Chair Al Graham and staff, to plan anniversary activities throughout the 2019 calendar year. Recommendation That the Board of Directors approve appropriating and transferring $15,000 for CMSD's 75th Anniversary Activities Analysis On November 27, 2018, the Ad Hoc Committee had its first meeting and approved appointing Secretary Schafer as Chair and CAC Chair Carey as Vice Chair. The Committee invited a representative from the City of Costa Mesa to serve on the Committee and is now waiting for an appointment from Mayor Foley. The Committee discussed advertising the 75th Anniversary along with programs available to residents (e.g. large item collections, door- to-door household hazardous waste collection, flag disposal, etc.) in the movie theater at Triangle Square while audiences are waiting to watch movies. The cost to advertise in the movie theater is $7,500 for 32 weeks. If the District wants to promote different advertisements during the 32 week period it will cost an additional $450 each advertisement. The Committee discussed creating a 75th Anniversary logo by using Logosauce to facilitate a design contest among logo designers. Logosauce was used to design the District's 70th Anniversary logo. Designers will submit their logo designs to the District and the Committee will select the logo of its choice. The design winner will receive $500 from the District and Logosauce will $100 to administer the contest for a total cost of $600. To date, the District has received 24 logo designs and tomorrow the Ad Hoc Committee will make its decision. Attached are the logo designs the Committee will consider. The cost for the movie theater advertisement and design logo is $8,100. Other promotional items the Committee is considering purchasing include: 30 to 45 second video for movie theaters Street light banners on Harbor Boulevard New coffee cups Office stationary (e.g. letterhead, invoices, envelopes, etc.) Polo shirts for staff, CAC and the Board Subject 6. Budget Appropriation and Transfer - CMSD 75th Anniversary Activities Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Budgeted No Budget Source Wastewater and Solid Waste Funds Recommended Action That the Board of Directors approve appropriating and transferring $15,000 for CMSD's 75th Anniversary Activities Goals 4.0 Community Outreach & Communications 4.5 Celebrate the District’s 75th Anniversary In addition, the Committee identified the following activities to promote the 75th Anniversary while at the same time promoting District programs at minimal cost to the District: Banners on CR&R trucks KOCI radio Channel 11 morning news for Fats Oil Grease recycling program at Orange Coast College Concerts in the Park Fish Fry Free mulch and good will donations State of the District Citizens Environmental Protection Academy Social media Staff is recommending the Board approve appropriating $15,000 in the FY 2018-19 Budget and direct staff to budget an additional $10,000 in the FY 2019-20 Budget. Legal Review Not applicable Environmental Review The use of funds for anniversary activities is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review If the Board approves the appropriation, then staff recommends that the following budget adjustment be authorized to ensure adequate funding is available.: Solid Waste Fund: Account No.Account Name Increase Decrease 10-100100-4420 Public Info/Education/Community/Promotion $7,500 10-100004-4310 Anti-Scavenging $5,000 10-100400-4200 Professional Services $2,500 Liquid Waste Fund: Account No.Account Name Increase Decrease 20-200000-4420 Public Info/Education/Community/Promotion $7,500 20-200000-4990 Contingency $7,500 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 20, 2018 Board of Directors regular meeting at District Headquarters (290 Paularino Avenue) and posted on the District's website at www.cmsdca.gov. Alternative Actions 1. Approve a lesser budget amount for 75th Anniversary activities. File Attachments 75th Anniversary Design Logos.png (424 KB) E. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: December 20, 2018 Subject: Capital Improvement Projects Status Report Summary Attached is a summary of the Capital Improvement Project activities during the month. Staff Recommendation That the Board of Directors receive and file the report. Legal Review Not Applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 20, 2018 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov Alternative Actions Refer item back to staff with further instructions. File Attachments CIP Updates - December 2018.pdf (140 KB) Subject 1. Receive and File Monthly Capital Improvements Projects Status Report Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 1.1 Manhole Cover Maintenance Program 1.10 Abandon five pump stations on the west side in conjunction with Orange County Sanitation District companion project 1.4 System Wide Sewer Replacement and Repair Program 1.6 Evaluate Force Main Conditions on a Regular Basis 4.7 Demonstrate outstanding efforts in transparency 7.2 Develop a long term CIP G. ATTORNEY'S REPORTS To: Board of Directors From: Alan Burns, District Counsel Date: December 20, 2018 Subject: Ordinance No. 123 - Adoption of Rosenberg's Rules of Order Summary This ordinance will adopt Rosenberg’s Rules of Order, which is superior to Robert’s Rules of Order, and more appropriate for a local government legislative body. Recommendation That the Board of Directors adopt Ordinance No. 123 - Adoption of Rosenberg's Rules of Order Analysis Robert’s Rules of Order were created in 1876 and have been the primary guide to parliamentary procedure. Robert’s is very complex and has procedures that befit a large parliamentary body. Robert’s has been the primary guide used by public agencies until Dave Rosenberg, a former judge, council member, mayor and board supervisor, developed a set of procedures that was simpler to use and more appropriate for a small local government body such as board of directors or a city council. Since Rosenberg’s was adopted in 2011, hundreds of special districts, city councils and neighborhood associations have adopted Rosenberg’s. While Robert’s consisted of over 700 pages of text, Rosenberg’s is just seven pages in length. Judging from the wide acceptance it has garnered, it seems to work very well for special districts and city councils. It is therefore recommended that Rosenberg’s be adopted. As with Robert’s, these procedures are merely a nonbinding guide to the conduct of the public’s business. On December 11, 2018 the Board of Directors discussed this item. The Board inquired the difference between Rosenberg and Roberts Rule of Order. The following is the response from District Counsel. Both Rules generally follow the same procedures for moving through an agenda item. Roberts Rules, however, are made for large, multi- member bodies which require more nuanced procedures for such things as shutting down discussion, calling the question, reserving time, granting time to others and many more technical rules used to referee a discussion of 100 or so member bodies. Whereas Rosenburg's Rules stick to the basics such as, motion, second, substitute motion, discussion, etc. Rosenburg's Rules are more applicable to five member bodies that are able to self-regulate without the need for formal technical procedures used to corral dozens or hundreds of members. Basically, both Rules are largely the same; however, Rosenburg takes the most applicable rules from Roberts (call it the basic highlight list) and puts them into a simple format and leaves all the other hyper-technical rules out of it. After further discussion of this item, the Board directed staff to bring it back tonight for approval consideration. On December 12, 2018, this item was discussed by the Citizens Advisory Committee (CAC). The CAC is recommending the Board adopt Ordinance No. 123. Legal Review District Counsel has prepared this staff report and Ordinance No. 123 Subject 1. Ordinance No. 123 - Adoption of Rosenberg's Rules of Order Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors adopt Ordinance No. 123 - Adoption of Rosenberg's Rules of Order Goals 5.0 Administrative Management 5.4 Review and maintain Operations Code, policies and Administrative Regulations Environmental Review Adopting parliamentary procedures are an administrative matter and not a disturbance of the environment similar to grading or construction and does not constitute a project under CEQA or the District's CEQA Guidelines. Financial Review There are no financial impacts to the District for adopting Ordinance No. 123 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 20, 2018 regular Board of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the District's website at www.cmsdca.gov. Alternative Actions 1. Do not adopt Ordinance No. 123 and direct staff to continue using Robert’s Rules of Order. File Attachments Rosenberg's Rules of Order.pdf (1,054 KB) Ordinance No. 123.pdf (131 KB) G. ATTORNEY'S REPORTS To: Board of Directors From: Alan Burns, District Counsel Date: December 20, 2018 Subject: Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code Summary This ordinance will make revisions to Chapter 4.04 of the District's Operations Code pertaining to Purchasing. Most notably, the proposed revisions, if approved by the Board, will increase the bid limit authority for the use of the informal bid procedure, and allow contracts within newly-increased State limits to be let by the General Manager without the more formal bid procedure. The bid limits would be raised from between $30,000 and $125,000 to new limits of between $60,000 and $200,000. Recommendation That the Board of Directors adopt Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code Analysis State law generally requires a sanitary district to competitively bid public projects when the expenditure exceeds $15,000. The procedure involves a public notice and acceptance of sealed bids, and the awarding of the contract to the “lowest responsible bidder.” State law also allows the use of an alternative procedure. That procedure requires the adoption of the Uniform Public Construction Cost Accounting Act (UPCCAA) procedures. Those procedures require the development and maintaining of lists of qualified contractors and the notification of those contractors of work to be bid. The District has adopted the UPCCAA procedures. The District Operations Code authorized the use of the original expenditure range for informal bids of between $30,000 and $125,000. In 2012, the expenditure range was increased to between $45,000 and $175,000. The District did not avail itself of those increased limits at that time. The Legislature has now, pursuant to Assembly Bill No. 2249 (Ch. 169- Stats 2018), increased the limits to between $60,000 and $200,000. Staff is now recommending an increase in those limits. The use of the qualified lists is some assurance that competent contractors will be those bidding. The required newspaper notice might produce bidders that were not well qualified and the District would be required to find that they were not “responsible” bidders to be able to disqualify the bids. This is a difficult standard and any contractor that was so determined might seek to overturn that determination. Adoption of the ordinance would increase the General Manger’s authority to use the informal procedure and would allow for the award of these contracts without Board action. The General Manager would also be given signature authority. Other revisions to Chapter 4.04 include provisions qualifying staff procedures when seeking proposals from professional consultants such as architects, engineers, land surveying, construction management, etc. On December 11, 2018 the Board of Directors discussed this item. The Board inquired how many more contracts would be approved by the General Manager if his approval limit was increased to $200,000. Staff believes an additional one to two contracts a year would be Subject 2. Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors adopt Ordinance No. 124 - Reenacting the Purchasing Provisions of the District's Operations Code Goals 5.0 Administrative Management 5.4 Review and maintain Operations Code, policies and Administrative Regulations approved by the General Manager if Ordinance No. 124 is adopted. In the last three years, the Board approved three projects that exceeded $125,000 but were less than $200,000. These projects were: Project #315 - 19th Street Pump Station Improvements Project #316 - Adams Pump Station Electrical Improvements Solar Photovoltaic System on HQ Rooftop After further discussion on this item, the Board directed staff to bring it back tonight for approval consideration. On December 12, 2018, this item was discussed by the Citizens Advisory Committee (CAC). The CAC is recommending the Board adopt Ordinance No. 124. Legal Review District Counsel reviewed the law and prepared the staff report and Ordinance No. 124. Environmental Review The consideration of modifying informal bid limits is an administrative matter and not a disturbance of the environment similar to grading or construction and does not constitute a project under CEQA or the District’s CEQA Guidelines. Financial Review There are no financial impacts to the District for adopting Ordinance No. 124. However, construction can begin sooner for projects less than $200,000 because no formal action is required by the Board of Directors. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 20, 2018 Board of Directors regular meeting at District Headquarters (290 Paularino Avenue) and posted on the District's website at www.cmsdca.gov. Alternative Actions 1. Do not adopt Ordinance No. 124 and direct staff to continue using the informal bid limits adopted in the Operations Code. File Attachments Ordinance No. 124 Redline.pdf (184 KB) Ordinance No. 124 Final.pdf (179 KB) H. 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. Subject 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Information H. 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. Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Information H. 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. Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Information H. 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. Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Information H. 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. Subject 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Information H. 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. Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Information I. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Discussion J. ADJOURN TO CLOSED SESSION Subject 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type K. RECONVENE TO OPEN SESSION Subject 1. Reconvene to Open Session and Report Out Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type L. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON JANUARY 24, 2019 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 1. Adjourn Meeting Dec 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural