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2020_09_28_boardMonday, September 28, 2020 Board of Directors Regular Meeting Time: 4:30 P.M. IMPORTANT NOTICE REGARDING SEPTEMBER 28, 2020 REGULAR BOARD MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. *** The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary. In accordance with Executive Order N-29-20, the public may only view the meeting online and not in the District's Board Room. *** To participate in the meeting by computer: 1. Copy and paste the following into your browser - https://us02web.zoom.us/join 2. Enter the Meeting ID number - 879 1744 5548 3. Click "Join." *** To join the meeting with a mobile device: 1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for Apple devices) 2. Open the Zoom app. Select "Join a Meeting." 3. Enter Zoom Meeting ID. Select "Join Meeting." *** To join the meeting by phone: 1. Call 1-669-900-6833. 2. You will be asked to enter the Meeting ID number. Dial 879 1744 5548# 3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this step. *** Public Comments: Members of the public can submit any comments in writing for the Board of Directors' consideration by sending them to the District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the meeting. *** 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 from the District Clerk's Office. *** 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 Ferryman 2. Pledge of Allegiance - President Ferryman 3. Invocation - Vice President Ooten 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 August 11, 2020 3. Approve the Board of Directors Regular Meeting Minutes of August 24, 2020 4. Adopt Warrant Resolution No. CMSD 2021-03 Approving District Warrant Registers 5. Approve the Directors' Compensation and Reimbursement of Expenses 6. Approve Payroll Transparency Disclosure for August 2020 7. Approve the preparation of a warrant to CR Transfer in the amount of $226,178.78 for August 2020 recycling and disposal services in the September 2020 warrant register 8. Accept the occupancy count as presented as 22,984 and direct staff to prepare a warrant to CR&R Environmental Services for $238,194.68 for August 2020 collection 9. Receive and File Contracts Signed by the General Manager 10. Approve the Investment Report for the Month of August 2020 D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 1. Consider Voting for One Candidate for President of the Independent Special Districts Orange County (ISDOC) Executive Committee 2. Consider approving a budget adjustment for Fiscal Year 2020-21 to transfer $36,816 from the General Fund and transfer in to the Solid Waste Fund. 3. Consider approving the transfer out $109,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $109,000 to CIP #332, Bristol Sewer Siphon Repair. 4. Consider approving Special Holiday Pay the Day Before Thanksgiving and Christmas F. ENGINEER'S REPORTS 1. Receive and File the Monthly Capital Improvements Project Status Report G. TREASURER'S REPORTS H. ATTORNEY'S REPORTS 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. 1. Orange County Sanitation District (OCSD) - (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) - (Director Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 J. OLD BUSINESS K. NEW BUSINESS L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments M. ADJOURN TO CLOSED SESSION N. RECONVENE TO OPEN SESSION O. CLOSING ITEMS 1. Adjourn Monday, September 28, 2020 Board of Directors Regular Meeting Time: 4:30 P.M. IMPORTANT NOTICE REGARDING SEPTEMBER 28, 2020 REGULAR BOARD MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. *** The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary. In accordance with Executive Order N-29-20, the public may only view the meeting online and not in the District's Board Room. *** To participate in the meeting by computer: 1. Copy and paste the following into your browser - https://us02web.zoom.us/join 2. Enter the Meeting ID number - 879 1744 5548 3. Click "Join." *** To join the meeting with a mobile device: 1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for Apple devices) 2. Open the Zoom app. Select "Join a Meeting." 3. Enter Zoom Meeting ID. Select "Join Meeting." *** To join the meeting by phone: 1. Call 1-669-900-6833. 2. You will be asked to enter the Meeting ID number. Dial 879 1744 5548# 3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this step. *** Public Comments: Members of the public can submit any comments in writing for the Board of Directors' consideration by sending them to the District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the meeting. *** 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 from the District Clerk's Office. *** 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 Ferryman Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Ferryman Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Ooten Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS James Ferryman, President Robert Ooten, Vice President Arlene Schafer, Secretary Michael Scheafer, Director 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 Sep 28, 2020 - 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 Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Sep 28, 2020 - 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 Sep 28, 2020 - 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 Sep 28, 2020 - 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: September 28, 2020 Subject: Approve the Board of Directors Study Session Minutes of August 11, 2020 Summary The recorded minutes of the August 11, 2020 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 August 11, 2020. 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 Subject 2. Approve the Board of Directors Study Session Minutes of August 11, 2020 Meeting Sep 28, 2020 - 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 Aug 11, 2020 - Board of Directors Study Session Copies of this report are on file and will be included in the complete agenda packet for the September 28, 2020 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 minutes_2020_08_11_ss.pdf (168 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: September 28, 2020 Subject: Approve the Board of Directors Regular Meeting Minutes of August 24, 2020 Summary The recorded minutes of the August 24, 2020 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for review and approval. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Analysis Attached to the staff report are the minutes for the Board of Directors Regular Meeting on August 24, 2020. 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 Subject 3. Approve the Board of Directors Regular Meeting Minutes of August 24, 2020 Meeting Sep 28, 2020 - 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 Aug 24, 2020 - Board of Directors Regular Meeting Copies of this report are on file and will be included in the complete agenda packet for the September 28, 2020 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 minutes_2020_08_24_rm.pdf (229 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: Lieu Tran, Accountant Date: September 28, 2020 Subject: Adopt Warrant Resolution No. CMSD 2021-03 Approving District Warrant Registers Summary Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they were paid. Recommendation That the Board of Directors approve and file the report. Analysis Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they were paid. 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. Subject 4. Adopt Warrant Resolution No. CMSD 2021-03 Approving District Warrant Registers Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action, Action (Consent) Budgeted Yes Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2021-03 approving District warrants for the month of August in the amount of $721,432.54. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 28, 2020 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 WARRANT RESO 2021-03.pdf (130 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 & Public Information Officer Date: September 28, 2020 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 September 28, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Sep 28, 2020 - 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. 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_compensation.pdf (411 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: Lieu Tran, Accountant Subject: Approve Payroll Transparency Disclosure for August 2020 Summary Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Recommendation That the Board of Directors approve and file the report. 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 Subject 6. Approve Payroll Transparency Disclosure for August 2020 Meeting Sep 28, 2020 - 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 4.7 Demonstrate outstanding efforts in transparency 7.0 Finance Copies of this report are on file and will be included with the complete agenda packet for the September 28, 2020 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 Payroll Transparency Disclosure Report Aug 2020.pdf (1,573 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: Nabila Guzman, Management Analyst I Date: September 28, 2020 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $226,178.78 for August 2020 recycling and disposal services in the September 2020 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 of 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 $226,178.78 for August 2020 recycling and disposal services to be ratified in the September 2020 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. Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are marked by an asterisk below. Type of Waste Invoice Tonnage Rate Amount Billed Residential Waste - Costa Mesa 39261 1,444.59 $54.98$79,423.57* Residential Waste - Costa Mesa 39218 1,369.10 $54.98$75,273.14* Residential Waste - Newport Beach39262 31.05 $54.98$1,707.13 Residential Waste - Newport Beach39219 40.74 $54.98$2,239.89 Total Residential Waste 2,885.48 $158,643.72 Organics 39253 429.19 $75.65$32,468.22 Subject 7. Approve the preparation of a warrant to CR Transfer in the amount of $226,178.78 for August 2020 recycling and disposal services in the September 2020 warrant register Meeting Sep 28, 2020 - 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 $226,178.78 for August 2020 recycling and disposal services to be ratified in the September 2020 warrant register. Organics 39295 463.54 $75.65$35,066.83* Total Organics 892.73 $67,535.05 Grand Total 3,778.21 $226,178.78 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 with the complete agenda packet for the September 28, 2020 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. 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: September 28, 2020 Subject: Accept the occupancy count as presented as 22,984 and direct staff to prepare a warrant to CR&R Environmental Services for $238,194.68 for August 2020 collection Summary Accept the occupancy count as presented using 22,984 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,194.68 to be ratified in the September 2020 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 22,984 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,194.68 to be ratified in the September 2020 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 $10.3635 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. As of August 31, 2020, total District occupancy was at 22,984 with four (4) new accounts added and two (2) accounts deleted since the last billing period. District staff will continue to track the number of new service Subject 8. Accept the occupancy count as presented as 22,984 and direct staff to prepare a warrant to CR&R Environmental Services for $238,194.68 for August 2020 collection Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 22,984 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,194.68 to be ratified in the September 2020 warrant list. addresses. The payment calculation is based on the following: District's Current Rate for August 2020: 22,984 x $10.3635 =$238,194.68 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 September 28, 2020 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 2020-Aug-CMSD Occupancy Report Official.pdf (72 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: Scott Carroll, General Manager Date: September 28, 2020 Subject: Contracts Signed by the General Manager Summary At the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of contracts he signed during the previous month. Below are the contracts he signed in the months of August 2020. Recommendation That the Board of Directors receive and file this report. Analysis Below are the contracts signed by the General Manager in the months of August 2020. August Contracts 1. Waste Management Curbside, LLC – Collecting non-controlled pharmaceutical waste from drop-off boxes. Cost: $485 per pound and $125 per stop fee. 2. 2 Amendment Orange County Superintendent of Schools – Project Zero Waste Lunch Program. Cost: $20,000 3. Performance Pipeline Technologies, Inc. – Project 332: De-watering, cleaning, removal of a motor build up in each barrel of 6” or 8” siphon and lining. Cost: $78,875 4. Roberts Consulting Group, Inc. – District Engineer Recruitment. Cost: $25,000 Purchase Orders 5. Superior Pavement Markings – Striping Bristol Street after performing repairs on a sewer siphon. Cost: $2,450 6. EJ USA, Inc. – purchased 35 composite manhole covers. Cost: $24,663.13 7. Inland Kenworth, Inc. – Unit 1030 towing service. Cost: $500 Legal Review All contracts are reviewed and approved by District Counsel before contracts are executed. Subject 9. Receive and File Contracts Signed by the General Manager Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. nd Environmental Review Providing the Board of Directors a monthly list of contracts signed by the General Manager is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There is adequate funding in the budget for the expenses referenced above. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 28, 2020 Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information. 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: September 28, 2020 Subject: Approve the Investment Report for the Month of August 2020 Summary Attached is the Investment Report for the month of August 2020. 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 August 2020. 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 August 31, 2020. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 22, 2020 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 August 31, 2020, was 0.925%. The yield to maturity of the portfolio was 0.928%. The District’s weighted average interest rate was 14 basis points (0.141%) above the LAIF average monthly rate for August 2020 of 0.784%. The weighted average number of days to maturity for the District’s total portfolio was 988 days (2.71 years). The duration of the underlying securities in LAIF as of August 31, 2020 was 157 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 one year or less as of August 31, 2020 was 31.32%. 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: Subject 10. Approve the Investment Report for the Month of August 2020 Meeting Sep 28, 2020 - 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 August 2020. 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 from the County of Orange. The revenue dry period is from June through October. 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. The revenue dry period is from June through October. 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 1.392% for the year ending June 30, 2021. Through August 31, 2020, the portfolio has earned a weighted average interest rate of 0.968%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 28, 2020 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 August 2020.pdf (446 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. E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: September 28, 2020 Subject: ISDOC Executive Committee Elections Summary The Independent Special Districts of Orange County (ISDOC) is a membership association that represents the interests and provides advocacy on behalf of Orange County’s 25 independent special districts. ISDOC was formed more than 30 years ago to serve the needs of Orange County’s water, wastewater, sanitary, cemetery, vector control, library, recreation and parks, and other districts that provide specialized services within their communities. A seven-member executive committee guides the association and membership meetings are held on a quarterly basis to provide a forum for its special district members to meet and discuss issues and share information of mutual interest. Recommendation That the Board of Directors vote for one candidate for the seat of ISDOC President. Analysis On August 24, 2020, the Board of Directors passed Resolution No. 2020-932 endorsing Secretary Arlene Schafer as 1st Vice President of the Executive Committee. Nominations for positions on the Executive Committee closed on September 11, 2020. Secretary Schafer was the only nomination received for 1st Vice President, so she will automatically fill the seat in January 2021. There are two nominations for ISDOC President in which the Board will need to cast a vote on one of the candidates. Attached is more information about both candidates. Legal Review Not applicable Environmental Review Adopting a resolution to nominate a Board member to the ISDOC Executive Committee is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There are no financial impacts to the District for Board Secretary Schafer serving on ISDOC Executive Committee Public Notice Process Subject 1. Consider Voting for One Candidate for President of the Independent Special Districts Orange County (ISDOC) Executive Committee Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors vote for one candidate for the seat of ISDOC President Copies of this report are on file and will be included with the entire agenda packet for the September 28, 2020 Board of Directors study session meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information. File Attachments Ballot Cover Letter 2020.pdf (207 KB) Officer Ballot 2020.pdf (144 KB) Mark Monin Letter.pdf (926 KB) Lucille Kring Letter.pdf (43 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: September 28, 2020 Subject: Consider approving a budget adjustment for Fiscal Year 2020-21 to transfer $36,816 from the General Fund and transfer in to the Solid Waste Fund. Summary Beginning with the fiscal year (FY) 2019-20 budget, the District created a General Fund to account for the unrestricted financial resources of the general government. These unrestricted resources consist primarily of general property taxes and investment earnings. The Orange County Tax Collector bills and collects the property taxes, which are then apportioned directly to the District throughout the fiscal year. The District receives only a small percentage of the 1% basic levy for specific parcels within the District. A County administrative fee for processing is deducted from the property taxes at the time of apportionment. The property taxes are unrestricted revenues which had previously been recorded in the Solid Waste Fund for rate stabilization. The Board may direct staff to transfer this revenue to the Solid Waste or Wastewater Fund through the budgetary process. If the District received more revenue than the budgeted amount at fiscal year-end, staff will recommend the Board of Directors to transfer the revenue to either the Solid Waste or the Wastewater Fund. It is the goal that all funds in the General Fund be transferred to other funds to serve as an additional funding source for expenses. Staff Recommendation Consider approving a budget adjustment for FY 2020-21 to transfer $36,816 from the General Fund to the Solid Waste Fund. Analysis Fiscal year 2019-20 is the first year the District budgeted and recorded the property tax revenues to the General Fund instead of the Solid Waste Fund. The District budgeted $320,000 in property tax revenues for fiscal year 2019-20 and has received $355,542. The General Fund also received $1,274 in investment earnings for the fiscal year. During the budget process, the Board of Directors approved $270,000 to be transferred to the Solid Waste fund to continue to help stabilize rates, and $50,000 to the Wastewater fund to contribute to the City of Costa for the Portable Restroom at the Bridge Shelter. These transfers were made during FY 2019-20. As of June 30, 2020, the General Fund has a balance of $36,816. Staff recommends the Board of Directors direct staff to transfer $36,816 from the General Fund to the Solid Waste Fund to continue to stabilize rates. Legal Review Not applicable. Subject 2. Consider approving a budget adjustment for Fiscal Year 2020-21 to transfer $36,816 from the General Fund and transfer in to the Solid Waste Fund. Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action Recommended Action Consider approving a budget adjustment for FY 2020-21 to transfer $36,816 from the General Fund to the Solid Waste Fund. 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 As of June 30, 2020, the General Fund has a balance of $36,816. Staff recommends the Board of Directors approve a budget adjustment to transfer $36,816 from the General Fund to the Solid Waste Fund to continue to help stabilize rates. Description Account Increase General Fund- Transfer Out 05-050000-4995 $ 36,816 Solid Waste Fund- Transfer In 20-000000-3995 $ 36,816 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 28, 2020 Board of Directors meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the budget adjustment in the amount of $36,816. 2. Direct staff to report back with more information. E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: September 28, 2020 Subject: Consider approving the transfer out $109,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $109,000 to CIP #332, Bristol Sewer Siphon Repair. Summary In May 2019 while staff was cleaning the Bristol siphon a hose became unable to be removed from the pipe. The General Manager declared emergency work for two inverted siphon mainline pipes on Bristol Street. An inverted sewer siphon allows wastewater to pass under obstructions such as a railroad cut, highway, conduit or river. It’s often called a sag pipe. This pipe is dropped sharply, then run horizontal under the construction, and finally rises to the desired elevation. The District has several siphons within our system. The inverted siphon on Bristol Street runs under a flood control channel. There’s also a secondary mainline at this location that serves as a by-pass. On July 27, 2020, the Board of Directors approved transferring out $81,000 from the Asset Management Fund to the Wastewater Fund and then appropriated $81,000 to CIP #332, Bristol Sewer Siphon Repair. Of this amount, $78,875 was for performing the repairs while $1,680 was for engineering services. Staff Recommendation The Board of Directors consider approving the transfer out $109,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $109,000 to CIP #332, Bristol Sewer Siphon Repair Subject 3. Consider approving the transfer out $109,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $109,000 to CIP #332, Bristol Sewer Siphon Repair. Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $108,750.00 Budgeted No Budget Source Asset Management Fund Recommended Action The Board of Directors consider approving the transfer out $109,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $109,000 to CIP #332, Bristol Sewer Siphon Repair. Goals 1.1 Prevent Sanitary Sewer Overflows (SSOs) 1.6 Rehabilitate and/or replace infrastructure before reaching the end of its life cycle Analysis On June 18, 2019, the General Manager declared emergency work for two inverted siphon mainline pipes on Bristol Street. While staff was cleaning the secondary line a hose got stuck in the pipe. Staff had to cut the hose leaving approximately 125 feet of hose inside the secondary mainline. Staff was able to remove enough water to place a camera inside the primary and secondary mainline to observe the current condition of both pipes as well as trying to locate the hose. The primary pipe had small cracks and could be lined. The secondary pipe had damages as well. The District hired National Plant Services (NPS) to clean the primary siphon mainline and then install a liner. Unfortunately, while NPS was cleaning the primary line their hose got stuck in the pipe. Because the condition of both pipes, which are ductile iron, were in bad condition, contractors were refusing to do anymore work until the District could install a temporary bypass system. The District hired GCI Construction, Inc. (GCI) to procure and install a temporary bypass system and assist removing both hoses. After several days and several attempts GCI, with the assistance from C&R Drains and Jimni's pumper truck, successfully removed NPS hose from the primary siphon mainline on May 30, 2019. It appeared the nozzle of the hose was buried in a large amount of sand. Staff believes the nozzle wedged itself into the lower 45 degree bend of the siphon. On June 2, 2019 GCI excavated and removed the upper 45 degree bend on the upstream side of the secondary pipe and was able to obtain a hold on the District's cleaning hose. Unfortunately, GCI was unsuccessful removing the hose. On June 3, 2019 GCI was successful in retrieving the hose. Similar to the primary line, there were sand and debris in the line where the nozzle was buried. After removing the hose and nozzle, GCI cleaned and removed the sand and debris in the secondary line. July 2019, staff discovered that the upper 45 degree bends on the discharge side of the siphon were not 45 degree bends, they were smoother transitions not requiring replacement. Currently, in the siphon lies two lines that are obstructed with concrete. The lines will need to have the concrete removed and install a liner in both lines. Performance Pipeline Technologies will clean and remove of a mortar build up in each barrel of an 6”/ 8” siphon and line with CIPP lining system at a cost of $78,875. Unfortunately, there is more concrete in the pipe than expected, which is taking more effort to remove. As a result, Performance Pipeline Technologies has spent nearly $78,875 removing all the mortar from primary mainline, but mortar remains in the secondary line and there is no money left to line both mainline. Performance Pipeline has submitted a revised proposal requesting an additional $109,000 to remove remaining concrete from the secondary line and install a cured in place liner in both mainline. Removing mortar and relining sewer siphons is specialty work, so if the Board wants to consider seeking bids from other contractors to possibly lower costs, staff believes there are few contractors qualified to perform this kind of work. Furthermore, this project needs to be completed as soon as possible. Soliciting bids, acquiring insurance documents and executing contracts take time to complete, so staff believes time is of the essence to complete this project and the proposal submitted by Performance Pipeline is reasonable. 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 This project was an unanticipated repair and therefore it was not budgeted. FY2018-19. The Board of Directors approved a transfer of $452,000 from Project #318, President PS Rehab to the Annual Sewer Maintenance account to pay for the cost of the emergency work. At June 30, 2019 the total cost was $347,749 and the remaining balance of $104,251 was a carryover from FY 2018-19 to FY 2019-20. Staff assigned this project as a capital improvement project #332, Bristol Sewer Siphon Repair in FY 2019-20. Project #319 Canyon Force Main Rehab was completed and the remaining available budget of $43,300 was transferred to project #332. Work completed in FY 2019-20 include clean-out, boots installation, Bristol Street bypass paving, inspection and engineer services with a total cost of $137,029. As of June 30, 2020, the project has an available budget of $10,522, which will be requested to be a carryover to FY 2020-21 in a later Board meeting. The carryover of $10,522 will not be sufficient to complete the project in FY 2020-21. On July 27, 2020, the Board of Directors approved transferring out $81,000 from the Asset Management Fund to the Wastewater Fund and then appropriated $81,000 to CIP #332, Bristol Sewer Siphon Repair. Of this amount, $78,875 was for performing the repairs while $1,680 was for engineering services. The Board has approved a minimum level of Reserves in the Asset Management Fund of $5 million. The Asset Management Fund currently has a balance of $5,337,295. All transfers between Funds require Board approval either through the budget adoption process or by direct board action. Staff is proposing to transfer $109,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $109,000 to CIP #332, Bristol Sewer Siphon Repair. Account Account Number Transfer In Transfer Out Asset Management Fund 50-500000-4995 $109,000 Wastewater Fund 20-000000-3995 $109,000 Bristol Sewer Siphon Repair- CIP #332 20-201332-4300 $109,000 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 28, 2020 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov. Alternative Actions 1. Do not approve the transfers between Funds and do not appropriate $109,000 2. Direct staff to report back with more information. File Attachments Bristol Siphon Proposal.pdf (71 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Via: Dyana Bojarski, Administrative Services Manager Date: September 28, 2020 Subject: Consideration of Approving Special Holiday Pay the Day Before Thanksgiving and Christmas Summary Historically, the District has revised its operational hours by closing at noon the day before Thanksgiving Day and Christmas Day in order to give staff ample time for traveling during the busy holiday season. At the November 21, 2019 Board of Directors Regular Meeting, the Board suggested the District close for the entire day before Thanksgiving and Christmas and directed staff to bring this item back for consideration Recommendation That the Board of Directors consider approving Special Holiday Pay the Day Before Thanksgiving and Christmas. Analysis Customer activity at District offices during the day before Thanksgiving and the day before Christmas has been historically slow. In prior years, the Board has authorized a revision to operating hours on the day before both Thanksgiving and Christmas. Since 2010, District offices have closed at 12:00 P.M.. on the Wednesday before Thanksgiving and on the day before Christmas. This allows staff sufficient time to travel to their destination for the holiday. At the Board of Directors Regular Board Meeting on November 21, 2019, the Board suggested taking into consideration making this a full day holiday closure since many people travel on those days. The Board also requested staff determine how much activity occurs at the office on those days and then report back to the Board.Staff reported the requested findings to the Board at the March 10, 2020, Study Session. Subject 4. Consider approving Special Holiday Pay the Day Before Thanksgiving and Christmas Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action, Discussion Fiscal Impact Yes Dollar Amount $7,500.00 Budgeted No Recommended Action That the Board of Directors consider approving Special Holiday Pay the Day Before Thanksgiving and Christmas. Goals 7.7 Provide competitive compensation, benefits package and incentives 7.5 Maintain high level of employee satisfaction Staff recorded the following activity which shows that on November 27, 2019, the day before Thanksgiving, no permits were issued and only two members of the public visited District offices. Of those two visitors, one was a previously scheduled appointment. The phones were unusually light with only two telephone calls throughout the day. On December 24, 2019, the day before Christmas, no permits were issued and only two phone calls were received. No members of the public visited District offices on that day. During the hours of office closure, Headquarters (HQ), and Yard staff have had the option of working a full day while offices are closed or staff can voluntarily use their accrued leave time (e.g.. vacation, floating holiday, comp time or executive leave). Staff is recommending that the day before Thanksgiving and the day before Christmas be called "Special Holidays" where employees will be paid their normally scheduled work hours as holiday hours for those two days. Staff believes adding "Special Holidays" as a part of the District’s benefits package can both entice job candidates and help retain employees by giving them additional flexibility while contributing to a healthy work-life balance and higher employee satisfaction. Part-time employees are not eligible for holiday pay, so they will not be eligible for "Special Holiday" pay. Currently, the District has ten paid holidays and two floating holidays. The floating holidays can be used at any time during the fiscal year. The purpose of the floating holiday is to allow personal days that employees can use at any time during the year over and above any vacation, sick or other paid leave time. Floating holidays allow employees to take paid time off when their religious or traditional practices don’t match the Federal holiday schedule (Hanukkah, Passover, Good Friday, Lunar New Year, etc.) or for any other reason without having to use a vacation day. Floating holidays also come in handy for unexpected events or emergencies if paid time off has been exhausted. Floating holiday hours are not carried over into the next year, any excess balances are paid out to employees at the end of each fiscal year. The benefit of having floating holidays is that staff has discretion on how and when to use their leave. If the Board were to require staff to use their floating holiday for the day before Thanksgiving and Christmas it would be considered a reduced benefit. Other Local Agencies Orange County Sanitation District offers paid time off the day before Christmas. Mesa Water District has Special Holiday Pay the day before Christmas and the day before New Year's Day. The City of Costa Mesa closes for two weeks during Christmas and New Year's Day holidays, but only Christmas and New Year's Day are considered paid holidays. Midway City Sanitary District (MCSD) offers employees the option of selecting any date as a paid holiday for celebrating their particular tradition, hero or celebration. After one full year of service, MCSD employees are also granted two additional days off, one for their birthday and the other at a time designated by the employee. Outreach Current District procedures for all Holidays and/or revisions to regular operating hours include notifying the public by posting the information on the District's website, signage in the front lobby, social media, and notice through GovOutreach. If the Board approves the recommendation, staff will bring back an ordinance for adoption and inclusion in the District's Operations Code. Legal Review Not applicable at this time, but if the Board approves the recommendation, District Counsel will review and approve the draft ordinance. Environmental Review The consideration of adding Special Holiday Pay is an administrative matter and 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 The estimated salary cost for District employees per day is approximately $7,500. However, there will be no additional salary cost to the FY 2020-21 budget by approving Special Holiday pay. There will be a minimal savings in utility costs at HQ and the Yard as a result of closing all day. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 28, 2020 Regular Board Meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Do not approve Special Holiday pay. F. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Michael Benesh, District Engineer Date: September 28, 2020 Subject: Capital Improvement Projects Status Report Summary Attached is a summary of the Capital Improvement Project activities during the month. Recommendation That the Board of Directors receive and file the report. Analysis Attached are fourteen capital improvement projects that are in progress or will soon begin. 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 Subject 1. Receive and File the Monthly Capital Improvements Project Status Report Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file the report. Goals 4.7 Demonstrate outstanding efforts in transparency 7.2 Develop a long term CIP 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 1.1 Manhole Cover Maintenance Program 1.0 Sewer Infrastructure Copies of this report are on file and will be included with the complete agenda packet for the September 28, 2020 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov. Alternative Actions 1. Refer item back to staff with further instructions. File Attachments CIP Updates Sept 2020 Mtg.pdf (984 KB) 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. Subject 1. Orange County Sanitation District (OCSD) - (President Ferryman) Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Information 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. Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Information 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. Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Information 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. Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer) Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Information 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. Subject 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Information 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. Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Information L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Discussion O. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON MONDAY, OCTOBER 26, 2020 AT 4:30 P.M. VIA TELECONFERENCE. Subject 1. Adjourn Meeting Sep 28, 2020 - Board of Directors Regular Meeting Access Public Type Procedural