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agendapacket_2019_03_13_cacWednesday, March 13, 2019 Joint Board of Directors and Citizens Advisory Committee Meeting WHEN: Wednesday, March 13, 2019, 6:00 p.m. WHERE: Costa Mesa Sanitary District Headquarters 290 Paularino Avenue, Costa Mesa, CA 92626 CONTACT: Noelani Middenway, District Clerk PHONE: (949) 645-8400, Ext. 227 EMAIL: nmiddenway@cmsdca.gov A. OPENING ITEMS 1. Call to Order 2. Roll Call 3. Public Comments - Speakers will be limited to three minutes. The three minutes per speaker time allotted may be extended for good cause by a majority vote of the committee). B. ITEM 1. Approve the Special Citizens Advisory Committee Meeting Minutes of February 13, 2019 2. Draft Board of Directors Meeting Minutes of February 28, 2019 3. CMSD 75th Anniversary Update 4. # 318 President Pump Station Reconstruction 5. Ordinance No. 124 Authority for Minor Refunds and Disposal of Surplus Equipment 6. Ordinance No. 125 Establishing Regulations for District Facilities 7. Consider Changing the CAC Meeting Date to the Third Wednesday of Every Other Month - Oral Report C. CLOSING ITEMS 1. Committee Member & Staff Comments 2. Adjournment Wednesday, March 13, 2019 Joint Board of Directors and Citizens Advisory Committee Meeting WHEN: Wednesday, March 13, 2019, 6:00 p.m. WHERE: Costa Mesa Sanitary District Headquarters 290 Paularino Avenue, Costa Mesa, CA 92626 CONTACT: Noelani Middenway, District Clerk PHONE: (949) 645-8400, Ext. 227 EMAIL: nmiddenway@cmsdca.gov A. OPENING ITEMS Subject 1. Call to Order Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Procedural A. OPENING ITEMS Mike Carey, Chair Albert Graham, Jr., Vice Chair Andrew Nielsen Elodie Katz Jana Oak Mike McIlroy Monte Fields Phil Marsh Shayne Smith Sue Lester Tom Brenneman Subject 2. Roll Call Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Public Comments - Speakers will be limited to three minutes. The three minutes per speaker time allotted may be extended for good cause by a majority vote of the committee). Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Procedural B. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: March 13, 2019 Subject: Special Citizens Advisory Committee Meeting Minutes of February 13, 2019 Summary The recorded minutes of the February 13, 2019 Special Citizens Advisory Committee Meeting are hereby submitted to the Citizens Advisory Committee for review and approval. Analysis Attached to the staff report are the minutes for the Special Citizens Advisory Committee Meeting on February 13, 2019. Staff Recommendation That the Citizens Advisory Committee approves 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 March 13, 2019 Joint Board of Directors and Citizens Advisory Committee 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 minutes_2019_02_13_cac.pdf (70 KB) Subject 1. Approve the Special Citizens Advisory Committee Meeting Minutes of February 13, 2019 Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Action, Minutes Recommended Action That the Citizens Advisory Committee approves the meeting minutes as presented. Minutes View Minutes for Feb 13, 2019 - Special Citizens Advisory Committee Meeting B. ITEM Board of Directors Regular Meeting (Thursday, February 28, 2019) Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Burns (District Counsel), Robin Hamers (District Engineer), Jacque Rogers (District Treasurer), Noelani Middenway (District Clerk), Kaitlin Tran (Senior Accountant), Gina Terraneo (Management Analyst II) Others present Jim Mosher (resident) Meeting called to order at 5:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Ferryman President Ferryman called the meeting to order at 5:30 P.M. Procedural: 2. Pledge of Allegiance - President Ferryman President Ferryman led the Pledge of Allegiance. Procedural: 3. Invocation - Vice President Ooten Vice President Ooten led the Invocation. Procedural: 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.) District Clerk, Noelani Middenway, conducted roll call. She noted that all Board Members were present. Procedural: 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. General Manager, Scott Carroll, noted that written communications were received from resident, Jim Mosher. He added that copies of the written communications were provided to the Board of Directors. Procedural: 6. Ceremonial Matters and Presentations None at this time. B. Public Comments Procedural: 1. Public Comments Subject 2. Draft Board of Directors Meeting Minutes of February 28, 2019 Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Minutes Minutes View Minutes for Feb 28, 2019 - Board of Directors Regular Meeting President Ferryman opened public comments. Seeing no one wishing to speak, President Ferryman closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of January 8, 2019 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the City/Districts Liaison Committee Meeting Minutes of January 18, 2019 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 4. Approve the Board of Directors Regular Meeting Minutes of January 24, 2019 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 5. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Adopt Warrant Resolution No. CMSD 2019-8 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2019-8 approving District warrants for the month of January 2019 in the amount of $684,677.68. Action (Consent): 7. Approve Payroll Transparency Disclosure for January 2019. Recommendation: That the Board of Directors approve and file the report. Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $207,048.10 for January 2019 recycling and disposal services in the February 2019 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $207,048.10 for January 2019 recycling and disposal services to be ratified in the February 2019 warrant register. Action (Consent): 9. Accept the occupancy count as presented as 22,752 and direct staff to prepare a warrant to CR&R Environmental Services for $222,864.94 for January 2019 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 22,864.94 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2019 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,864.94 to be ratified in the February 2019 warrant list. Action (Consent): 10. Approve Investment Report for the Month of January 2019 Recommendation: That the Board of Directors approve the Investment Report for the month of January 2019. Action (Consent): 11. Contracts Signed by General Manager Recommendation: That the Board of Directors receive and file this report. Motion: To approve the Consent Calendar as presented. Motion by Mike Scheafer, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER'S REPORTS Action: 1. Citizens Advisory Committee (CAC) February 13, 2019 Meeting Overview Recommendation: That the Board of Directors receive and file this report. Mr. Carroll noted that this item is an overview of what occurred at the February 13, 2019 CAC meeting. He welcomed questions. Director Scheafer verified that the CAC has decided to meet bimonthly. Discussion followed regarding Chair Carey's availability for the CAC's future meeting dates and CAC member attendance. Mr. Carroll noted that Ms. Middenway tracks attendance for the CAC. Secretary Schafer confirmed that six CAC members are continuing their membership for the next term, which begins in April. There was no further discussion and report was received. Receive and File: 2. Receive and File the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2018 Recommendation: That the Board of Directors receive and file the Popular Annual Financial Report for the year ended June 30, 2018. Mr. Carroll presented the PAFR and explained that the PAFR is a condensed version of the Comprehensive Annual Financial Report (CAFR). He commended District Treasurer, Marc Davis, Senior Accountant, Kaitlin Tran, and Administrative Assistant II, Lieu Tran, for completing the PAFR. Additionally, Mr. Carroll commented that not many public agencies prepare PAFRs and he added that the document increases District transparency. Secretary Schafer suggested that the District share this information with the local newspaper. Mr. Carroll noted that the District will distribute a press release once the PAFR is recognized by the Government Finance Officers Association (GFOA). Director Perry confirmed that all public agencies have the opportunity to make a PAFR. Vice President Ooten noted that there is an error on page 11 of the PAFR, but complimented the report as a whole. Director Scheafer commented that the PAFR is easy to read and complimented the graphics. There was no further discussion and report was received. Action: 3. Approve out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Recommendation: The Board of Directors approves out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Motion: To approve out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no discussion. Action: 4. Approve Director Scheafer's out-of-state Travel and Attendance of the Waste Expo Conference in Las Vegas, Nevada. Recommendation: That the Board of Directors approve Director Scheafer's out-of-state travel and attendance of the Waste Expo Conference in Las Vegas, Nevada. Motion: To approve Director Scheafer's out-of-state travel and attendance of the Waste Expo Conference in Las Vegas, Nevada. Motion by Art Perry, second by Bob Ooten. Director Scheafer commented that the conference agenda focuses on organic waste collection. He added that the conference may provide information that would be useful to the District as it explores the possibility of expanding solid waste collection services to multi-family residences and commercial. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Action: 5. Consider Approving General Manager's 2019 Performance Goals Recommendation: That the Board of Directors considers approving the General Manager's 2018 Performance Goals. Mr. Carroll presented his proposed goals and requested direction. He noted that his intention in presenting this item publicly is to be transparent. Vice President Ooten provided written comments about the goals to Mr. Carroll and then read his written comments aloud, at the request of District Counsel, Alan Burns. He commented that the performance measure used for Goal #1 should match the goal set for the Santa Ana Region of the Regional Water Quality Control Board (Region 8) regarding sanitary sewer overflows. He commented that he would like the Board to consider removing Goal #2 until a decision is made about how the District will proceed with solid waste rates. He commented that he would like to see a deadline added to Goal #3 (sometime during FY 2019-2020). Lastly, with regard to Goal #8, he indicated that he would like to see the District take further action against the culprit of the ongoing water inflow at Mendoza Pump Station. District Engineer, Robin Hamers, commented that the State Water Resources Control Board addressed illegal discharges by the Orange County Fairgrounds. He noted that the Fairgrounds were previously nonresponsive to the District's correspondence on this issue, but they have now promised to no longer allow rainwater into the District's sewer system during winter. Vice President Ooten requested that a future Study Session item address the costs associated with Goal #8 to conduct a study about Mendoza Pump Station. He also requested to add a goal to develop a plan to work with the City of Costa Mesa to achieve 75% landfill diversion for solid waste. Discussion followed regarding plugging the manholes surrounding Mendoza Pump Station. Director Scheafer requested to include a tour of the Water Emergency Response Organization of Orange County's (WEROC) Emergency Operations Center (EOC) for the Board of Directors under Goal #7. He also requested to add a continuing goal for Mr. Carroll to engage in leadership and training of other general managers through the California Special Districts Association (CSDA). Discussion followed regarding the WEROC and Orange County Sheriff's Department EOC locations. Director Scheafer asked if Mr. Carroll can establish a goal pertaining to continued engagement in the discussion of Local Agency Formation Commission (LAFCO) dues through the Independent Special Districts of Orange County (ISDOC). Mr. Carroll noted that elected officials have taken the lead on this issue. Director Scheafer noted that perhaps this goal can be added at a later date, depending on the result of the discussions. President Ferryman requested the Board's feedback regarding discussing the General Manager's goals in open session or closed session. District Counsel, Alan Burns, noted that the District's goals must be discussed in open session, but the General Manager's goals can be discussed in closed session. Mr. Carroll noted that he has received direction from the Board of Directors during tonight's discussion, and he can revise his goals accordingly. President Ferryman commented that he would feel more comfortable discussing the goals further in closed session. Mr. Burns noted that there are two closed session items later in the agenda to discuss the General Manager's performance evaluation and compensation. President Ferryman opened public comments. Jim Mosher, a resident, commended the District for openly discussing the General Manager's goals. He noted that the City of Newport Beach does not discuss the goals of its appointed City Manager, City Clerk, and City Attorney. He commented that there are already many goals, so he is not suggesting adding any. However, in relation to Goal #3, he commented that the District should consider providing commercial and multi-family solid waste collection to the areas of Newport Beach where the District currently provides residential collection if it is considering the same expansion of services in Costa Mesa. He noted that he also suggested typographical edits to the staff report in his written communications. President Ferryman closed public comments. Director Scheafer suggested that the Board direct Mr. Carroll to receive and apply the direction given during this discussion and provide his updated goals for approval during the March Board Meeting. Director Perry noted that the Board did not come to an agreement regarding deleting Goal #2, as suggested by Vice President Ooten. Directors Scheafer and Perry indicated agreement with Vice President Ooten's suggestion. Discussion followed regarding the schedule for the solid waste rate increase and the Prop 218 process. Vice President Ooten suggested that Goal #2 be left in place for now, and the Board of Directors can decide whether it should be removed after discussing the solid waste rate increase during the March 12 Study Session. Secretary Schafer shared her suggested goals, including the continuation of weekly updates to the Board of Directors, continued involvement in CSDA, continued one-on-one meetings with Board Members, continued involvement in the Network for Homeless Solutions, continued tours of CR&R's Anaerobic Digestion (AD) Facility for District residents, scheduling a tour of the AD Facility for city officials, and continued public outreach. She also requested to know the quarterly newsletter content deadlines, so that the Board can contribute ideas. Mr. Carroll noted that most of these suggestions are ongoing day-to-day tasks, but he can incorporate them into his goals. There was no further discussion. F. ENGINEER'S REPORTS Receive and File: 1. Receive and File the Monthly Capital Improvements Project Status Report Recommendation: That the Board of Directors receive and file the report. Mr. Hamers noted that materials are being acquired for Project #319 Canyon Force Main Replacement and Pump Station Rehabilitation. He also noted that Phase 11 of Project #314 Grade 5 Pipe Rehabilitation is complete. He noted that he and District staff are working on the Master Plan. Lastly, he noted that the District is hosting a neighborhood meeting on March 2 regarding Project #318 President Pump Station in order to obtain public feedback on the proposed options. Discussion followed regarding the expectation of rain and the use of the District's canopy at the neighborhood meeting. Vice President Ooten requested a schedule for the development of the Master Plan. Mr. Hamers noted that he will develop a schedule. There was no further discussion and the report was received. Action: 2. Approve Easement Agreement for Canyon Pump Station Generator Recommendation: That the Board of Directors approve the easement agreement for the Canyon Pump Station Generator. Mr. Hamers displayed images of the Canyon Pump Station generator and presented the proposed easement agreement extensions. He noted that the easement is located on private property and the current easement agreement expired in September of 2018. He explained that the easement agreement was renegotiated with the property owners for the following terms: Parcel A is a 10-year temporary extension with a total compensation of $10,000 and Parcel B is a 10-year temporary extension with a reduction in size of the easement (shown in Exhibit C) with a total compensation of $1,500. Secretary Schafer confirmed that the generator is located in a residential zone. Mr. Hamers noted that the agreement has been signed by the property owners. Motion: To approve the easement agreement for the Canyon Pump Station Generator. Motion by Bob Ooten. Director Scheafer inquired about the state of the fence behind the generator and the liabilities associated with it. Mr. Hamers noted that he will take a look at the fence. Director Perry suggested raising the concrete wall that surrounds the generator. He asked if the compensation amount of $10,000 is normal for this type of agreement. Mr. Hamers commented that the compensation amount is reasonable and noted that it amounts to $1,000 per year of the agreement. Motion: To approve the easement agreement for the Canyon Pump Station Generator with the terms presented, including the reduction of the easement size shown in Exhibit C. Motion by Bob Ooten, second by Art Perry. Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. G. TREASURER'S REPORTS None at this time. H. ATTORNEY'S REPORTS Mr. Burns provided an update regarding the case against Luna & Sons Concrete, Inc. for illegal dumping into the District's sewer system. He noted that it is being tried as a misdemeanor, meaning that there is a possibility of jail time. Director Perry confirmed that the District has been reimbursed for its attorney's fees. I. 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. Information: 1. Orange County Sanitation District (OCSD) - (President Ferryman) President Ferryman shared that OCSD transferred 8.5 miles of sewer to the City of Santa Ana. He also noted that OCSD approved an offer for the sale of a property that they own in Stanton for about $6.5 million. Vice President Ooten added that OCSD is conducting rehabilitation that will allow for increased flow. Information: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry noted that there was no SARFPA meeting. Information: 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer noted that there was nothing to report. Information: 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared her upcoming schedule for attending CSDA meetings. She also noted that she attended a Government Affairs Committee Meeting for the Costa Mesa Chamber of Commerce. Information: 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Director Scheafer noted that he attended his first meeting as the new President of SDRMA earlier this month. He noted that SDRMA is working on their Strategic Plan, and he noted that rates will be changing. He added that he attended the Public Agency Risk Management Association's (PARMA) conference in Anaheim and discussed the keynote speaker. Lastly, he noted that Safety Claims Day is coming up in March. Information: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Director Perry shared that he and Secretary Schafer attended the District's 75th Anniversary Ad Hoc Committee Meeting and shared that the committee will have one last meeting in March. He verified that the promotional ads will begin airing in local movie theaters tomorrow. Discussion followed regarding 75th anniversary plans and the Citizens Advisory Committee. J. OLD BUSINESS None at this time. K. NEW BUSINESS None at this time. L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments Director Scheafer commended GCI Construction for their efficient work on California Pump Station. Mr. Hamers noted that GCI Construction has done many projects for the District. Secretary Schafer added that a 75th anniversary banner will be displayed at the District Yard. There were no further comments. M. ADJOURN TO CLOSED SESSION President Ferryman noted that the Board of Directors will be going into closed session for the following items, as listed on the agenda: 1. Conference with Legal Counsel- Existing Litigation (Gov. Code §54956.9) Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board-G055278 2. Closed Session to Discuss Public Employee Performance Evaluation (Gov. Code §54957(b).) Title: General Manager 3. Closed Session to Discuss Labor Negotiations (Gov. Code §54957.6(a).) Agency representative: President Ferryman; Unrepresented Employee: General Manager 4. Closed Session to Discuss Labor Negotiations(Gov. Code §54957.6(a).) Agency representative: General Manager; Unrepresented employees: All employees of the District excluding the General Manager Mr. Burns noted that there was a suggestion from Mr. Mosher that the Board of Directors would not be properly going into closed session under Item M1. He commented that the Board of Directors are properly within the pending litigation subsection for their discussion under Item M1. President Ferryman opened public comments. Mr. Mosher commented that his understanding was that the Court of Appeals affirmed the decision made by the Superior Court and there is no longer an opportunity to appeal, therefore the litigation referred to in Item M1 can no longer be considered pending. He commented that since the decision has been rendered by the courts, he cannot see how anything discussed in closed session could change the outcome. Additionally, Mr. Mosher noted that the court's decision seems to suggest that the District should have negotiated with the staff of the Regional Water Quality Control Board to reach a settlement rather than taking the risk associated with having the Regional Water Quality Control Board make the final decision. He commented that in the interest of transparency, he is curious to know if the District did in fact attempt to negotiate with staff. President Ferryman closed public comments. Mr. Burns noted that he is not going to respond any further as to whether the Board will be properly going into closed session regarding Item M1. He commented that he and District staff tried very hard to negotiate with the staff of the Regional Water Quality Control Board, but they would not accept any amount under $400,000. He noted that the District was thus forced to take it up to a hearing before the Regional Water Quality Control Board, which they were directed to do by the Board of Directors, and they were able to get the total reduced by $40,000. He noted that the District did not prevail in the Trial Court and the Court of Appeals, so the District is left with the decision that was made. He noted that this is all that is appropriate to share at this time, but there may be more to share at a later date. President Ferryman adjourned the meeting to closed session at 6:37 P.M. N. RECONVENE TO OPEN SESSION President Ferryman reconvened the meeting to open session at 7:01 P.M. He reported that he has been given the authority to negotiate with the General Manager and the General Manager was given instruction to negotiate with employees. Director Scheafer requested that there be a Study Session item in the near future about CalPERS contributions for Board Members. Additionally, he requested that District staff find out when the Board of Directors last increased their compensation. O. CLOSING ITEMS Procedural: 1. Adjourn President Ferryman adjourned the meeting at 7:08 P.M. B. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: March 13, 2019 Subject: CMSD 75th Anniversary Update Summary On February 13, 2019, the Citizens Advisory Committee received an oral report on the activities scheduled to celebrate CMSD's 75th Anniversary of incorporation. Four short videos about CMSD programs were scheduled to be viewed by the CAC, but due to technical difficulties the videos were not available for viewing. Tonight, staff will attempt to run the videos for the CAC. Recommendation That the Citizens Advisory Committee receive and file this report. Analysis Beginning on March 1, 2019, the Starlight Triangle Square Cinemas will run short videos about CMSD programs before the start time of the feature movies. The videos will describe the following programs: Large item collections Orange Coast Recycling Center including recycling used cooking grease Organics Recycling Sewer Inspection Rebate Program The videos will run through most of the year ending on Oct 11, 2019. Legal Review Not applicable Environmental Review The contemplated event 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 All four videos cost $9,836, which includes production, ad time and switching out the videos during the campaign. There is adequate funding in the budget for this expense. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 13, 2019 Citizens Advisory Committee meeting at District Headquarters and on District website at www.cmsdca.go Alternative Actions 1. Direct staff to report back with more information. Subject 3. CMSD 75th Anniversary Update Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Action Recommended Action That the Citizens Advisory Committee receive and file this report Goals 4.0 Community Outreach & Communications 4.5 Celebrate the District’s 75th Anniversary B. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: March 13, 2019 Subject: #318 President Pump Station Reconstruction Summary During a meeting in December 2018, the Board of Directors suggested the sewer pump station could be located in the President Place cul-de-sac instead of the current location in the sideyard easement of property located at 2034 President Place. The Board noticed on the plans the large areas in the cul-de-sac clear of underground utilities. After discussing the cul-de-sac option, the Board directed the General Manager and District Engineer to bring back a conceptual/preliminary design along with an engineer’s estimate so a comparison could be made with the first three alternatives, which had previously been discussed. Alternative 4 conceptual/preliminary design is complete and the plans and engineer’s estimate are attached hereto. Recommendation That the Citizens Committee recommends to the Board of Directors one of the four design options to reconstruct President Pump Station Analysis District Engineer, Rob Hamers, will give a presentation to the CAC regarding the four design options to reconstruct the President Pump Station. Legal Review Not applicable at this time. Environmental Review The replacement of an existing pump station with a similar pump station of the same size for the same rate of flow as shown on the plans for Project #318 is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. Financial Review The total amount currently budgeted for Project 318 is $2,000,000. As construction of this project will not begin until toward the end of this fiscal year or the beginning of next fiscal year, any shortfall in funding based upon the alternative selected by the Board of Directors, will be included as part of the fiscal year 2019-20 budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 13, 2019 Citizens Advisory Committee meeting at District Headquarters and on District’s website. Subject 4. # 318 President Pump Station Reconstruction Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Action Recommended Action That the Citizens Committee recommends to the Board of Directors one of the four design options to reconstruct President Pump Station Goals 1.0 Sewer Infrastructure 1.7 Pump Station Maintenance & Standardization Program Alternative Actions 1. Refer the matter back to staff for additional information. File Attachments CMSD318 ALT 01 FINAL 2018-09-30.pdf (643 KB) CMSD318 ALT 02 FINAL 2018-09-30.pdf (297 KB) CMSD318 ALT 03 FINAL 2018-09-30.pdf (319 KB) Budget Calculations.docx (16 KB) CMSD318 - CulDeSac Option - Rev 2019-01-03.pdf (6,231 KB) CMSD318 - Eng Est - CulDeSac (Rev 2019-01-04).pdf (26 KB) B. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: March 13, 2019 Subject: Ordinance No. 124 — Authority for Minor Refunds and Disposal of Surplus Equipment Summary The District currently has no process in place for minor reimbursement requests for trash or sewer assessment charges. From time to time there will be a reimbursement request from residents that have been inaccurately assessed a trash or sewer charge in which the amount is less than $5,000. Staff is requesting that the Board of Directors review the proposed changes to Chapter 4 of the Operations Code and provide feedback if any. Recommendation That the Citizens Advisory Committee recommend the Board of Directors adopt Ordinance No. 124 - Authority for Minor Refunds and Disposal of Surplus Equipment Analysis Attached is a copy of Ordinance No. 124 that identifies the recommended addition to Chapter 4 in the District's Operation Code. The language added includes giving the General Manager the authority to authorize refunds of payments made to the District that are less than $5,000.00. The authority in this ordinance is limited to sewer and trash refunds. Currently, there is no administrative process in place for the authorization of minor refunds which significantly increases the amount of time a resident waits to receive their refund. Any refund requests over $5,000 will go to the Board of Directors for approval. In accordance with Chapter 9 of the Operations Code, the refund policy states the claimant must present a written request for a refund from the Board of Directors within one year of the charge being placed. Refunds are allowed for up to four years if fees were paid but no service was received. Additionally, the ordinance also allows the General Manager to dispose of obsolete or worn out equipment and supplies. The property will be used as a trade-in for other supplies or dispose of by an auction house or other methods that ensure the best interest of the District. Legal Review District Counsel has reviewed and approved Ordinance No. 124. Environmental Review A review of the solid waste ordinance is 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 fiscal impacts to the District for adopting Ordinance No. 124. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the March 13, 2019 Citizens Advisory Committee meeting at District Headquarters (290 Paularino Avenue) and posted on the District's website at www.cmsdca.gov. Subject 5. Ordinance No. 124 Authority for Minor Refunds and Disposal of Surplus Equipment Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Action, Receive and File Recommended Action That the Citizens Advisory Committee recommend the Board of Directors adopt Ordinance No. 124 - Authority for Minor Refunds and Disposal of Surplus Equipment Goals 5.0 Administrative Management 5.4 Review and maintain Operations Code, policies and Administrative Regulations Alternative Actions 1. Direct staff to report back with more information. B. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: March 13, 2019 Subject: Ordinance No. 125 Establishing Regulations for District Facilities Summary Ordinance No. 125, if approved by the Board, will give the General Manager authority to set hours of operations for District facilities, which includes the yard and headquarters. The ordinance will also identify restricted access areas such as the yard and pump stations. Recommendation That the Citizens Advisory Committee recommend the Board of Directors adopt Ordinance No. 125 - Establishing Regulations for District Facilities Analysis In previous years, the General Manager would seek Board approval for setting operational hours at headquarters and the Yard. For example, in 2018, the General Manager requested Board approval to close operations at noon the day before Thanksgiving to give staff ample time for traveling to their destination for the holiday. In addition, the General Manager requested Board approval to close operations the day before Christmas and New Year's Day. The Board requested an amendment to the District's Operations Code that will give the General Manager authority to set hours of operations at headquarters and the yard without obtaining approval from the Board. In addition to hours of operation of District facilities, the proposed ordinance addresses restricted access areas such as the yard and pump stations. These facilities are not intended for public gathering places and should be restricted to public access. Adopting Ordinance No. 125 will allow staff to place signs at enclosed facilities informing the public that entering such facilities is prohibited and in violation of District Operations Code, which could be enforced as a misdemeanor crime. Legal Review District Counsel prepared Ordinance No. 125. 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 There are no finance impacts to the District for adopting Ordinance No. 125. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 13, 2019 Citizens Advisory Committee meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions Subject 6. Ordinance No. 125 Establishing Regulations for District Facilities Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Action Recommended Action That the Citizens Advisory Committee recommend the Board of Directors adopt Ordinance No. 125 - Establishing Regulations for District Facilities. Goals 5.0 Administrative Management 5.4 Review and maintain Operations Code, policies and Administrative Regulations 1. Do not recommend the Board of Directors adopt Ordinance No. 125 2. Direct staff to report back with more information. File Attachments Ordinance No. 125.pdf (72 KB) B. ITEM Subject 7. Consider Changing the CAC Meeting Date to the Third Wednesday of Every Other Month - Oral Report Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Action Recommended Action That the Citizens Advisory Committee consider changing its regular meeting date to the third Wednesday of every other month. C. CLOSING ITEMS Subject 1. Committee Member & Staff Comments Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Procedural C. CLOSING ITEMS Subject 2. Adjournment Meeting Mar 13, 2019 - Joint Board of Directors and Citizens Advisory Committee Meeting Access Public Type Procedural