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2020_12_21_board12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/3 Monday, December 21, 2020 Board of Directors Regular Meeting Time: 4:30 P.M. IMPORTANT NOTICE REGARDING DECEMBER 21, 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 - 832 0989 2356 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 832 0989 2356# 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 - Vice President Ooten 2. Pledge of Allegiance - Vice President Ooten 3. Invocation - Vice President Ooten 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/3 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. 6. Ceremonial Matters and Presentations B. Public Comments - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. 1. Public Comments C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of November 10, 2020 3. Approve the Board of Directors Regular Meeting Minutes of November 23, 2020 4. Approve the Directors' Compensation and Reimbursement of Expenses 5. Adopt Warrant Resolution No. CMSD 2021-06 Approving District Warrant Registers 6. Approve Payroll Transparency Disclosure for November 2020 7. Accept the occupancy count as presented as 22,989 and direct staff to prepare a warrant to CR&R Environmental Services for $238,246.50 for November 2020 collection 8. Approve the preparation of a warrant to CR Transfer in the amount of $220,329.59 for November 2020 recycling and disposal services in the December 2020 warrant register 9. Receive and File the November 2020 Organics Tonnage Report 10. Receive and File the November 2020 Solid Waste Diversion Report 11. November 2020 CEO Report 12. Receive and File Contracts Signed by the General Manager - November 2020 13. Approve the Investment Report for the Month of November 2020 D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 1. Consider Approving the 2021 Meeting and Office Closure Calendar 2. Board of Directors Nominations and Appointments 3. Consider Appointing One (1) Member to the Citizens Advisory Committee to Fill the Vacant One-Year Term Ending in March 2022 4. Receive and file the Comprehensive Annual Financial Report, Auditor's Report in Accordance with Government Auditing Standards, and the Auditors' Required Communication for the year ended June 30, 2020 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/3 5. Consider approving the transfer out $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 to CIP #332, Bristol Sewer Siphon Repair. 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) - (Vice President Ooten) 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 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION -- Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Government Code Section 54956.9, as specified in subdivision (e)(3) exists: Claim of Steven Hodges received June 3, 2019 against the Costa Mesa Sanitary District, a copy of which will be made available to the public. 2. Conference with Legal Counsel – Existing Litigation Paragraph (1) of subdivision (d) Section 54956.9 California River Watch v. Costa Mesa Sanitary District, USDC No.: 8:20-cv-01702 N. RECONVENE TO OPEN SESSION O. CLOSING ITEMS 1. Adjourn 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/54 Monday, December 21, 2020 Board of Directors Regular Meeting Time: 4:30 P.M. IMPORTANT NOTICE REGARDING DECEMBER 21, 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 - 832 0989 2356 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 832 0989 2356# 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 - Vice President Ooten Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/54 Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/54 A. OPENING ITEMS Subject 2. Pledge of Allegiance - Vice President Ooten Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/54 A. OPENING ITEMS Subject 3. Invocation - Vice President Ooten Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/54 A. OPENING ITEMS Robert Ooten, Vice President Arlene Schafer, Secretary Michael Scheafer, Director Arthur Perry, Director Brett Eckles, Director Subject 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/54 A. OPENING ITEMS Subject 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/54 A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/54 B. Public Comments - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 1. Public Comments Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 1. Approve Consent Calendar Meeting Dec 21, 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: December 21, 2020 Subject: Approve the Board of Directors Study Session Minutes of November 10, 2020 Summary The recorded minutes of the November 10, 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 November 10, 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 Copies of this report are on file and will be included in the complete agenda packet for the December 21, 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 Subject 2. Approve the Board of Directors Study Session Minutes of November 10, 2020 Meeting Dec 21, 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 Nov 10, 2020 - Board of Directors Study Session 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/54 minutes_2020_11_10_ss.pdf (165 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: December 21, 2020 Subject: Approve the Board of Directors Regular Meeting Minutes of November 23, 2020 Summary The recorded minutes of the November 23, 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 November 23, 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 Copies of this report are on file and will be included in the complete agenda packet for the December 21, 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. Subject 3. Approve the Board of Directors Regular Meeting Minutes of November 23, 2020 Meeting Dec 21, 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 Nov 23, 2020 - Board of Directors Regular Meeting 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/54 File Attachments minutes_2020_11_23_rm.pdf (202 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/54 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 & PIO Date: December 21, 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 December 21, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the compensation and reimbursement of expenses as presented. 2. Direct staff to report back with more information. File Attachments board_compensation_2020_11.pdf (554 KB) Subject 4. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Dec 21, 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/54 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/54 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: December 21, 2020 Subject: Adopt Warrant Resolution No. CMSD 2021-06 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. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 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. Subject 5. Adopt Warrant Resolution No. CMSD 2021-06 Approving District Warrant Registers Meeting Dec 21, 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 2021-06 approving District warrants for the month of November in the amount of $771,597.97. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#17/54 File Attachments WARRANT RESO 2021-06.pdf (180 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#18/54 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: December 21, 2020 Subject: Approve Payroll Transparency Disclosure for November 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 Copies of this report are on file and will be included with the complete agenda packet for the December 21, 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. Subject 6. Approve Payroll Transparency Disclosure for November 2020 Meeting Dec 21, 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 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#19/54 File Attachments Payroll Transparency Disclosure Nov 2020.pdf (860 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#20/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 21, 2020 Subject: Accept the occupancy count as presented using 22,989 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for $238,246.50 for November 2020 collection Summary Accept the occupancy count as presented using 22,989 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for November 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,246.50 to be ratified in the December 2020 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 22,989 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for November 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,246.50 to be ratified in the December 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 November 30, 2020, total District occupancy was at 22,989 with four (4) new accounts added since the last billing period and one (1) account removed. District staff will continue to track the number of new service addresses. The payment calculation is based on the following: District's Current Rate for November 2020: 22,989 x $10.3635 =$238,246.50 Legal Review Not Applicable Environmental Review Subject 7. Accept the occupancy count as presented as 22,989 and direct staff to prepare a warrant to CR&R Environmental Services for $238,246.50 for November 2020 collection Meeting Dec 21, 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 22,989 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for November 2020 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,246.50 to be ratified in the December 2020 warrant list. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#21/54 Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 21, 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 2020-11-G CMSD Occupancy Report.pdf (508 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#22/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 21, 2020 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $220,329.59 for November 2020 recycling and disposal services in the December 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 $220,329.59 for November 2020 recycling and disposal services to be ratified in the December 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 InvoiceTonnageRate Amount Billed Residential Waste - Costa Mesa 39775 1,293.51 $54.98$71,117.18 Residential Waste - Costa Mesa 39824 1,445.16 $54.98$79,454.84* Residential Waste - Newport Beach39776 31.63 $54.98$1,739.02 Residential Waste - Newport Beach39825 32.64 $54.98$1,794.55 Total Residential Waste 2,802.94 $154,105.59 Organics 39816 479.71 $75.65$36,290.06 Organics 29857 395.69 $75.65$29,933.94* Total Organics 875.40 $66,224.00 Grand Total 3,678.34 $220,329.59 Legal Review Not Applicable Subject 8. Approve the preparation of a warrant to CR Transfer in the amount of $220,329.59 for November 2020 recycling and disposal services in the December 2020 warrant register Meeting Dec 21, 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 $220,329.59 for November 2020 recycling and disposal services to be ratified in the December 2020 warrant register. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#23/54 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 December 21, 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#24/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 21, 2020 Subject: Receive and File the November 2020 Organics Tonnage Report Summary A total of 875.40 tons of organic waste were collected in November 2020. Staff Recommendation That the Board of Directors receive and file this report. Analysis Below is a graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years. Additionally, a graph is included breaking down the total tonnage collected and how much material was recycled and landfilled from the organics program. Subject 9. Receive and File the November 2020 Organics Tonnage Report Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent), Receive and File Recommended Action That the Board of Directors receive and file this report. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#25/54 Legal Review Not applicable. Environmental Review Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 21, 2020 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. File Attachments Organics.png (7 KB) Tonnage.png (14 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#26/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 21, 2020 Subject: Receive and File the November 2020 Solid Waste Diversion Report Summary Per direction from the Board of Directors the monthly solid waste diversion report has been temporarily suspended due to inaccurate data as a result from the COVID-19 pandemic. Staff Recommendation That the Board of Directors receive and file this report. Analysis Per direction from the Board of Directors at the April 14, 2020 Study Session meeting, the monthly solid waste diversion report has been temporarily suspended. Due to the COVID-19 pandemic, CR&R Environmental Services has temporarily suspended recycling processing at their Stanton Materials Recovery Facility (MRF) where the District's mixed waste is processed. Below is a chart of all solid waste collected over the last sixteen years. Subject 10. Receive and File the November 2020 Solid Waste Diversion Report Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent), Receive and File Recommended Action That the Board of Directors receive and file this report. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#27/54 File Attachments Solid Waste.png (37 KB) Legal Review Not applicable. Environmental Review Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the Decemeber 21, 2020 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#28/54 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: Ed Roberts, Code Enforcement Officer Date: December 21, 2020 Subject: November 2020 Code Enforcement Officer Report Summary Attached is the monthly report from Officer Roberts describing his enforcement activities for the month of November regarding scavenging of recyclable materials, trash carts stored in public view and graffiti on trash carts. Recommendation That the Board of Directors receives and files this report. Analysis In the month of November, Officer Roberts approached six (06) individuals observed scavenging from CMSD trash carts. In the same month he issued 116 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in the month of November. Officer Roberts' enforcement activities are described in more detail in the attached report. Legal Review Not applicable. Environmental Review Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not constitute a project under CEQA or the District’s CEQA Guidelines. Financial Review Officer Roberts' activities are funded in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2020 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. File Attachments November 2020 CEO report.doc (1,162 KB) Subject 11. November 2020 CEO Report Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent), Receive and File Recommended Action That the Board of Directors receives and files this report. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#29/54 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#30/54 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: December 21, 2020 Subject: Receive and File Contracts Signed by the General Manager - November 2020 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 November 2020. Recommendation That the Board of Directors receive and file this report. Analysis Below are the contracts signed by the General Manager in the month of November 2020: Contracts 1. EEC Environmental – Sewer System Management Plan internal audit. Cost: $11,500 2. Schuler Constructors – Annual air release valve inspection and flushing program. Cost: $12,766 3. Mike Balliet Consulting – CR&R performance audit. Cost: $19,425. 4. ESRI - ArcGIS server workgroup standard additional core perpetual license, material and maintenance. Cost: $10,000 Purchase Orders No purchase orders were signed in November. Legal Review All contracts are reviewed and approved by District Counsel before contracts are executed. 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 Subject 12. Receive and File Contracts Signed by the General Manager - November 2020 Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors receive and file this report Goals 6.0 Administrative Management 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#31/54 Copies of this report are on file and will be included with the entire agenda packet for the December 21, 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#32/54 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors From: Marc Davis, District Treasurer Date: December 21, 2020 Subject: Approve the Investment Report for the Month of November 2020 Summary Attached is the Investment Report for the month of November 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 November 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 November 30, 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 November 30, 2020, was 0.773%. The yield to maturity of the portfolio was 0.775%. The District’s weighted average interest rate was 20 basis points (0.197%) above the LAIF average monthly rate for November 2020 of 0.576%. The weighted average number of days to maturity for the District’s total portfolio was 1,025 days (2.81 years). The duration of the underlying securities in LAIF as of November 30, 2020 was 171 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 November 30, 2020 was 29.70%. The District has adequate cash reserves necessary to meet its obligations for the next six months. The rating on one of the District's investments, Wells Fargo medium term note, is BBB+ by Standard & Poor's. Moody's continues to rate the security as A2. The California Government Code requires that the security be rated in the top three ratings by a nationally recognized rating agency, which the security is. The security was placed on the District's watch list and the ratings will continue to be monitored. The District's Investment Policy allows for a security to continue to be held if it falls out of compliance. 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 13. Approve the Investment Report for the Month of November 2020 Meeting Dec 21, 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 November 2020. Goals 8.0 Finance 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#33/54 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 November 30, 2020, the portfolio has earned a weighted average interest rate of 0.884%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 21, 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 - November 2020.pdf (726 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. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#34/54 E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk/Public Information Officer Date: December 21, 2020 Subject: Consider Approving the 2021 Meeting and Office Closure Calendar Summary Attached is the proposed Costa Mesa Sanitary District 2021 Meeting & Office Closure Calendar. Analysis The following meeting dates deviate from their regular schedule, due to closures and holidays: December Board Meeting: To accommodate Board Members, District staff, and members of the public that may be traveling between the Christmas and New Years holidays, the December Board Meeting is proposed to be rescheduled from Monday, December 27th to Monday, December 20th at its regular time of 4:30 p.m. Recommendation That the Board of Directors approve the Costa Mesa Sanitary District 2021 Meeting and Office Closure Calendar as presented. Legal Review Not applicable. Environmental Review Approving the 2021 meeting and office closure calendar is an administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to make specified changes to proposed calendar. File Attachments calendar_2021_meeting_officeclosure.pdf (144 KB) Subject 1. Consider Approving the 2021 Meeting and Office Closure Calendar Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors approve the Costa Mesa Sanitary District 2021 Meeting and Office Closure Calendar as presented. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#35/54 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Noelani Middenway, District Clerk/Public Information Officer Date: December 21, 2020 Subject: Board of Directors Appointment of Officers Summary At this time, it is appropriate for the Board of Directors to consider appointing new officers of the Board, as well as nominating and appointing Board Members to represent the District on local, regional, and statewide committees and organizations. Analysis Costa Mesa Sanitary District Board Members are nominated and appointed to serve as the District's representatives on several local, regional, and statewide committees and organizations. The following committees require the appointment of a Board Member for a two-year term: Costa Mesa Sanitary District Board: President Vice President Secretary Orange County Sanitation District (OCSD) Board of Directors: Board Member + Alternate Santa Ana River Flood Protection Agency (SARFPA): Board Member + Alternate The Board Members may participate in the appointment of themselves to other agencies and committees, pursuant to Fair Political Practices Commission (FPPC) Regulation 18705.5, which provides that you are allowed to vote on appointments to boards, joint powers authorities of other agencies, or to a standing or ad hoc committee of your own agency, provided the District has adopted and posted on its website, on an FPCC-approved form, the name of the public officer who has been appointed and the position and the name of any alternate, along with the term of the appointment. At this time, it is appropriate to identify any additional committees and/or organizations that require CMSD representation, nomination, and appointment of Board Members to said agencies. Legal Review Not applicable. Environmental Review Board of Directors nominations and appointments are an administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. Financial Review Not applicable. Public Notice Process Subject 2. Board of Directors Nominations and Appointments Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors considers appointing new officers of the Board, as well as appointing Board members to represent the District on local, regional, and statewide committees and organizations. Goals 5.0 Administrative Management 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#36/54 Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions Other action as directed by the Board of Directors. 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#37/54 E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk & Public Information Officer Date: December 21, 2020 Subject: Consider Appointing One (1) Member to the Citizens Advisory Committee to Fill the Vacant One-Year Term Ending in March 2022 Summary There is currently one (1) vacancy on the Citizens Advisory Committee (CAC) due to the resignation of CAC Chair, Mike Carey. Therefore, it is now appropriate for the Board to review and appoint a new member to serve on the committee. Analysis The Citizens Advisory Committee (CAC) consists of 11 District residents that act in an advisory capacity to provide input on subject matters desired by the Board of Directors. CAC members serve staggered two-year terms. One vacancy exists with a remaining term ending in March 2022. It is now appropriate for the Board of Directors to nominate and appoint new members to fill said vacancy. Although three (3) individuals indicated interest in joining the CAC, two (2) completed applications were received by District staff from Adam C. Ereth and Cindy Brenneman by the application deadline of December 14, 2020. These applications are attached to the staff report for the Board's review. A third application was emailed to District staff by Jeff Arbour; however, the application was not filled in with any information. Mr. Arbour was contacted by District staff to request a completed application, but a response has not been received by the date that this agenda was posted (12/18/20). Should District staff receive the completed application at a later date, the application will be included in the next CAC nomination period in March 2021. Recommendation That the Board of Directors appoint one member to the Citizens Advisory Committee to fill one (1) vacancy for the term ending in March 2022. Legal Review Not applicable. Environmental Review Appointing members to the Citizens Advisory Committee is an administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 21, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions Subject 3. Consider Appointing One (1) Member to the Citizens Advisory Committee to Fill the Vacant One-Year Term Ending in March 2022 Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors appoint one member to the Citizens Advisory Committee to fill one (1) vacancy for the term ending in March 2022. Goals 4.0 Partnerships 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#38/54 Refer the matter back to staff. File Attachments adam_ereth_cac_application.pdf (493 KB) cindy_brenneman_cac_application.pdf (382 KB) 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#39/54 E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: December 21, 2020 Subject: Receive and file the Comprehensive Annual Financial Report, Auditor's Report in Accordance with Government Auditing Standards, and the Auditors' Required Communication for the year ended June 30, 2020. Summary The annual financial audit of the District has been completed. Attached to this report are the audited financial statements, the auditors’ report in accordance with Government Auditing Standards, and the auditors’ required communication for the fiscal year ended June 30, 2020. Joshua Calhoun, Partner, Teaman Ramirez & Smith, Inc, which is the District’s independent audit firm that conducted the annual audit. Recommendation The Board of Directors receive and file: 1) The Comprehensive Annual Financial Report for Year Ended June 30,2020, 2) Auditors’ Report in Accordance with Government Auditing Standards, and 3) The Auditors’ Required Communication for the Year Ended June 30, 2020. Analysis Financial highlights during the year ended June 30, 2020 included: Total assets and deferred outflows of resources of the District exceeded its liabilities and deferred inflows of resources by $63,127,109. Of this amount, $19,538,846 is unrestricted and available to meet the District’s ongoing obligations to its customers and creditors. Net position of the Solid Waste Fund decreased by $629,138, which was attributable to the adoption of a deficit budget to decrease the fund’s reserves. Expenses were projected to exceed revenues by $728,100; however, revenues came in higher than budgeted and expenses were lower than expected. Net position of the Wastewater Fund increased by $1,155,991 during the year ended June 30, 2020. This increase was primarily attributable to Operating Revenues exceeded Operating Expenses by $752,330. The remaining increase was the result of larger than expected Investment Earnings and a one-time transfer in from the Asset Replacement Fund for the purchase of two new utility trucks. Subject 4. Receive and file the Comprehensive Annual Financial Report, Auditor's Report in Accordance with Government Auditing Standards, and the Auditors' Required Communication for the year ended June 30, 2020 Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Fiscal Impact No Budgeted Yes Recommended Action The Board of Directors receive and file: 1) The Comprehensive Annual Financial Report for Year Ended June 30,2020, 2) Auditors’ Report in Accordance with Government Auditing Standards, and 3) The Auditors’ Required Communication for the Year Ended June 30, 2020. Goals 8.0 Finance 8.1 Finance - Achieve financial excellence awards 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#40/54 As of June 30, 2020, the District is 94.8% funded for its pension liability, while its other post-employment benefits (OPEB) are fully funded. The District's net pension liability is $158,318. Legal Review Not applicable. Environmental Review The preparation of financial statements is an administrative action that is categorically exempt under 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 cost of the annual audit was $9,750, which was included in the District’s budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 21, 2020 Board of Directors regular meeting at District Headquarters and on District’s website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff. File Attachments Final 2020 Internal Control Report.pdf (314 KB) Final 2020 SAS 114 Conclusion Letter.pdf (281 KB) Final CAFR 2020.pdf (5,039 KB) 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#41/54 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: December 21, 2020 Subject: Consider approving the transfer out $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 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 September 28, 2020 the Board of Directors approved transferring out $109,000 from the Asset Management Fund to fund repairing the Bristol Sewer Siphon. Unfortunately, additional cleaning of the siphon was required before the liner could be installed. This project is complete, but over budget by $60,000. Staff Recommendation The Board of Directors consider approving the transfer out $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 to CIP #332, Bristol Sewer Siphon Repair 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. Subject 5. Consider approving the transfer out $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 to CIP #332, Bristol Sewer Siphon Repair. Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $60,000.00 Budgeted No Budget Source Asset Management Fund Recommended Action The Board of Directors consider approving the transfer out $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 to CIP #332, Bristol Sewer Siphon Repair. Goals 1.0 Sewer Infrastructure 1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs) 1.6 Sewer Infrastructure - Rehabilitate and/or replace infrastructure before reaching the end of its life cycle 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#42/54 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. Removing mortar and relining sewer siphons is specialty work, so Performance Pipeline Technologies (PIT) was hired for this project without formal bid process. PIT cleaned the siphons by removing all mortar build up in each barrel of an 6”/ 8” siphon. Unfortunately, this was the most expensive and labor intensive part of the project because there was more concrete in the pipe than expected. The District paid PIT $176,670 to remove mortar build up and clean the siphon. The final step in this project is relining the siphon to ensure its functionality for another fifty years. The relining is complete at a cost of $68,750. See attachment. The balance for this project is $8,767, which is why staff is requesting transferring of funds. 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. At June 30, 2020, the project has an available budget of $10,522, which was carryover to FY 2020-21 at the October 2020 Board Meeting. 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. On September 28, 2020 the Board of Directors approved transferring out $109,000 from the Asset Management Fund to fund repairing the Bristol Sewer Siphon. The accumulated budget for this project is $685,300. Staff projects it will cost $745,300 when the project is completed. Therefore, staff is proposing the Board of Directors consider approving the transfer out $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 to CIP #332, Bristol Sewer Siphon Repair 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 $5,225,825. All transfers between Funds require Board approval either through the budget adoption process or by direct board action. Staff is proposing to transfer $60,000 from the Asset Management Fund, transfer in to the Wastewater Fund and to appropriate $60,000 to CIP #332, Bristol Sewer Siphon Repair. Fiscal Year Budget &Expenses Balance 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#43/54 Adjustments 2018-19 $452,000 $(347,749)$104,251 2019-20 43,300 (137,029)(93,729) 2020-21 190,000 (260,522)(70,522) Total $685,300 $(745,300)$(60,000) Account Account Number Transfer In Transfer Out Asset Management Fund 50-500000-4995 $60,000 Wastewater Fund 20-000000-3995 $60,000 Bristol Sewer Siphon Repair- CIP #332 20-201332-4300 $60,000 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2020 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov. Alternative Actions 1. Direct staff to report back with more information. File Attachments Relining Invoice.pdf (136 KB) 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#44/54 F. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Michael Benesh, District Engineer Date: December 21, 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 fifteen capital improvement projects that are in progress, will soon begin, or completed. Legal Review Not Applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 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 Dec 2020 Mtg.pdf (805 KB) Subject 1. Receive and File the Monthly Capital Improvements Project Status Report Meeting Dec 21, 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 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#45/54 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) - (Vice President Ooten) Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Information 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#46/54 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 Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Information 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#47/54 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 Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Information 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#48/54 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 Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Information 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#49/54 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 Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Information 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#50/54 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 Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Information 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#51/54 L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Discussion 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#52/54 M. ADJOURN TO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Government Code Section 54956.9, as specified in subdivision (e)(3) exists: Claim of Steven Hodges received June 3, 2019 against the Costa Mesa Sanitary District, a copy of which will be made available to the public. Subject 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION -- Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Government Code Section 54956.9, as specified in subdivision (e)(3) exists: Claim of Steven Hodges received June 3, 2019 against the Costa Mesa Sanitary District, a copy of which will be made available to the public. Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#53/54 M. ADJOURN TO CLOSED SESSION Subject 2. Conference with Legal Counsel – Existing Litigation Paragraph (1) of subdivision (d) Section 54956.9 California River Watch v. Costa Mesa Sanitary District, USDC No.: 8:20-cv-01702 Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type 12/18/2020 BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#54/54 O. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON MONDAY, JANUARY 25, 2021 AT 4:30 P.M. VIA TELECONFERENCE. Subject 1. Adjourn Meeting Dec 21, 2020 - Board of Directors Regular Meeting Access Public Type Procedural