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2022_03_28_board3/24/22, 3:04 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/3 Monday, March 28, 2022 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** IMPORTANT NOTICE REGARDING THE MARCH 28, 2022 REGULAR BOARD MEETING This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). *** 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. *** 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 - 817 1601 6634 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 817 1601 6634# 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 real time during the meeting or prior to the meeting 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 Ooten 2. Pledge of Allegiance - President Ooten 3. Invocation - Vice President Scheafer 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.) 3/24/22, 3:04 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/3 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. ADJOURN TO CLOSED SESSION 1. Performance evaluation (Gov. Code §54957) Title: General Manager 2. Conference with labor negotiator (Gov. Code §54957.6) Agency Designated Representative: President Ooten Unrepresented party: General Manager C. RECONVENE TO OPEN SESSION 1. Announce any reportable action taken D. 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 E. 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 February 8, 2022 3. Approve the City/Districts Liaison Committee Meeting Minutes of February 11, 2022 4. Approve the Board of Directors Regular Meeting Minutes of February 28, 2022 5. Adopt Warrant Resolution No. CMSD 2022-09 Approving District Warrant Registers 6. Approve the Directors' Compensation and Reimbursement of Expenses 7. Approve Payroll Transparency Disclosure for February 2022 8. Accept the occupancy count as presented as 23,070 and direct staff to prepare a warrant to CR&R Environmental Services for $239,085.95 for February 2022 collection 9. Approve the Investment Report for the Month of January 2022 10. Approve the Investment Report for the Month of February 2022 11. Receive and File 2021 Annual Health Benefits Broker Fees Report 12. Receive and File the February 2022 Organics Tonnage Report 13. Receive and File the February 2022 Solid Waste Diversion Report 14. Approve the preparation of a warrant to CR Transfer in the amount of $166,799.24 for February 2022 recycling and disposal services in the March 2022 warrant register 15. Receive and File February 2022 Contracts Signed by the General Manager F. PUBLIC HEARINGS 3/24/22, 3:04 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/3 G. GENERAL MANAGER'S REPORTS 1. Consider Appointing One Board Member to Serve on CMSD's Negotiation Team During Contract Negotiations with CR&R Environmental Services H. ENGINEER'S REPORTS 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status 2. Consider Rejecting the Nu Line Technologies, LLC Bid as Non-Responsive and Awarding a Contract to Nor-Cal Pipeline Services for the Project 328 Ductile Iron Pipe (DIP) Rehabilitation Phase III Project I. TREASURER'S REPORTS J. ATTORNEY'S REPORTS 1. Consider Adopting Resolution No. 2022-957 Authorizing Remote Meetings 2. Consider Approving General Manager, Scott Carroll's, Employee Agreement Including a 5% Merit Increase after receiving his performance evaluation K. 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 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) - (Vice President Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 L. OLD BUSINESS M. NEW BUSINESS 1. Consider Submitting Award Nominations to California Special Districts Association (CSDA) N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments O. CLOSING ITEMS 1. Adjourn 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/57 Monday, March 28, 2022 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** IMPORTANT NOTICE REGARDING THE MARCH 28, 2022 REGULAR BOARD MEETING This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). *** 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. *** 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 - 817 1601 6634 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 817 1601 6634# 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 real time during the meeting or prior to the meeting 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 Ooten Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/57 A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Ooten Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/57 A. OPENING ITEMS Subject 3. Invocation - Vice President Scheafer Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/57 A. OPENING ITEMS Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/57 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/57 A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/57 B. ADJOURN TO CLOSED SESSION Subject 1. Performance evaluation (Gov. Code §54957) Title: General Manager Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/57 B. ADJOURN TO CLOSED SESSION Subject 2. Conference with labor negotiator (Gov. Code §54957.6) Agency Designated Representative: President Ooten Unrepresented party: General Manager Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/57 C. RECONVENE TO OPEN SESSION Subject 1. Announce any reportable action taken Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/57 D. 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/57 E. 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 Mar 28, 2022 - 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/57 E. 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: March 28, 2022 Subject: Approve the Board of Directors Study Session Minutes of February 8, 2022 Summary The recorded minutes of the February 8, 2022 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 February 8, 2022. 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 March 28, 2022 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 February 8, 2022 Meeting Mar 28, 2022 - 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 Feb 8, 2022 - Board of Directors Study Session 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/57 minutes_2022_2_08_ss.pdf (206 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/57 E. 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: March 28, 2022 Subject: City/Districts Liaison Committee Meeting Minutes of February 11, 2022 Summary The recorded minutes of the February 11, 2022 City/Districts Liaison Committee Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the City/Districts Liaison Committee Meeting on February 11, 2022. 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 March 28, 2022 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 City/Districts Liaison Committee Meeting Minutes of February 11, 2022 Meeting Mar 28, 2022 - 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 Feb 11, 2022 - City/Districts Liaison Committee Meeting 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/57 File Attachments minutes_2022_2_11_lc.pdf (201 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/57 E. 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: March 28, 2022 Subject: Approve the Board of Directors Regular Meeting Minutes of February 28, 2022 Summary The recorded minutes of the February 28, 2022 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 February 28, 2022. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the March 28, 2022 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments Subject 4. Approve the Board of Directors Regular Meeting Minutes of February 28, 2022 Meeting Mar 28, 2022 - 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 Feb 28, 2022 - Board of Directors Regular Meeting 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#17/57 minutes_2022_2_28_rm.pdf (241 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#18/57 E. 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: Autumn Alvarez, Accounting Clerk Date: March 28, 2022 Subject: Adopt Warrant Resolution No. CMSD 2022-09 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 March 28, 2022 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 2022-09 Approving District Warrant Registers Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2022-09 approving District warrants for the month of February in the amount of $257,411.00. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#19/57 File Attachments WARRANT RESO 2022-09.pdf (488 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#20/57 E. 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: March 28, 2022 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 March 28, 2022 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 eckles_comp.pdf (314 KB) ooten_comp.pdf (55 KB) Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Mar 28, 2022 - 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#21/57 perry_comp.pdf (368 KB) schafer_comp.pdf (487 KB) scheafer_comp.pdf (303 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#22/57 E. 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: Autumn Alvarez, Accounting Clerk Date: March 28, 2022 Subject: Approve Payroll Transparency Disclosure for February 2022 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 March 28, 2022 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 Subject 7. Approve Payroll Transparency Disclosure for February 2022 Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Fiscal Impact Yes Budgeted Yes Recommended Action That the Board of Directors approve and file the report. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#23/57 Payroll Transparency Disclosure Feb 2022.pdf (1,066 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#24/57 E. 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: March 28, 2022 Subject: Accept the occupancy count as presented as 23,070 and direct staff to prepare a warrant to CR&R Environmental Services for $239,085.95 for February 2022 collection. Summary Accept the occupancy count as presented using 23,070 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for February 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,085.95 to be ratified in the March 2021 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 23,070 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for February 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,085.95 to be ratified in the March 2022 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 February 28, 2022, total District occupancy was at 23,070 with seven (7) new accounts added and zero (0) accounts removed since the last billing period. 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 February 2022: 23,070 x $10.3635 =$239,085.95 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 Subject 8. Accept the occupancy count as presented as 23,070 and direct staff to prepare a warrant to CR&R Environmental Services for $239,085.95 for February 2022 collection Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 23,070 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for February 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,085.95 to be ratified in the March 2022 warrant list. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#25/57 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 March 28, 2022 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 2022-02-G CMSD Occupancy Report.pdf (88 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#26/57 E. 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: March 28, 2022 Subject: Approve the Investment Report for the Month of January 2022 Summary Attached is the Investment Report for the month of January 2022. 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 January 2022. 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 January 31, 2022. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 28, 2021 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 January 31, 2022, was 0.651%. The yield to maturity of the portfolio was 0.585%. The District’s weighted average interest rate was 42 basis points (0.417%) above the LAIF average monthly rate for January 2022 of 0.234%. The weighted average number of days to maturity for the District’s total portfolio was 897 days (2.46 years). The duration of the underlying securities in LAIF as of January 31, 2022 was 322 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 January 31, 2022 was 34.56%. The District has adequate cash reserves necessary to meet its obligations for the next six months. A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the District’s cash and investments are as follows: Solid Waste Fund: Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange. Subject 9. Approve the Investment Report for the Month of January 2022 Meeting Mar 28, 2022 - 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 January 2022. Goals 8.0 Finance 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#27/57 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 0.700% for the year ending June 30, 2022. Through January 31, 2022, the portfolio has earned a weighted average interest rate of 0.620%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 28, 2022 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 - January 2022.pdf (608 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#28/57 E. 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: March 28, 2022 Subject: Approve the Investment Report for the Month of February 2022 Summary Attached is the Investment Report for the month of February 2022. 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 February 2022. 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 December 31, 2021. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 28, 2021 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 February, 2022, was 0.665%. The yield to maturity of the portfolio was 0.598%. The District’s weighted average interest rate was 39 basis points (0.387%) above the LAIF average monthly rate for February of 0.278%. The weighted average number of days to maturity for the District’s total portfolio was 885 days (2.42 years). The duration of the underlying securities in LAIF as of February 28, 2022 was 319 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 February 28, 2022 was 35.09%. The District has adequate cash reserves necessary to meet its obligations for the next six months. A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the District’s cash and investments are as follows: Solid Waste Fund: Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange. Subject 10. Approve the Investment Report for the Month of February 2022 Meeting Mar 28, 2022 - 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 February 2022. Goals 8.0 Finance 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#29/57 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 0.700% for the year ending June 30, 2022. Through February 28, 2022, the portfolio has earned a weighted average interest rate of 0.626%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the January 24, 2022 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 - February 2022.pdf (561 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#30/57 E. 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: Dyana Bojarski, Administrative Services Manager Date: March 28, 2022 Subject: 2021 Annual Health Benefits Broker Fees Report Summary As required by Section 1367.08 of the California Health and Safety Code and Section 10604.5 of the California Insurance Code, the Costa Mesa Sanitary District must disclose any group health insurance premiums, fees, and commissions paid to all agents, providers, and brokers. Recommendation That the Board of Directors receive and file the report. Analysis Section 1367.08 of the Health and Safety Code A health care service plan shall annually disclose to the governing board of a public agency that is the subscriber of a group contract, the name and address of, and amount paid to, any agent, broker, or individual to whom the plan paid fees or commissions related to the public agency's group contract. As part of this disclosure, the health care service plan shall include the name, address, and amounts paid to the specific agents, brokers, or individuals involved in transactions with the public agency. The compensation disclosure required by this section is in addition to any other compensation disclosure requirements that exist under law. Section 10604.5 of the Insurance Code An insurer shall annually disclose to the governing board of a public agency that is the policyholder of a group health insurance policy, the name and address of, and amount paid to, any agent, broker, or individual to whom the insurer paid fees or commissions related to the public agency's group health insurance policy. As part of this disclosure, the insurer shall include the name, address, and amounts paid to the specific agents, brokers, or individuals involved in transactions with the public agency. The compensation disclosure required by this section is in addition to any other compensation disclosure requirements that exist under law. Summary of Health Benefits CalPERS (California Public Employee Retirement Services) administers and negotiates rates and coverage for all District medical plans. Services provided by CalPERS includes: plan design, negotiating with medical and pharmaceutical carriers, developing and printing plan summaries, outlines and brochures, billing, claims processing, hosting an online database for enrollments and changes, participant appeals and grievances, website design and maintenance, and free workshops/seminars for employers, employees, and retirees. Subject 11. Receive and File 2021 Annual Health Benefits Broker Fees Report Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file the report. Goals 7.0 Human Resources Management 6.0 Administrative Management 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#31/57 All non-medical health plans which include dental, vision, life, long-term disability, voluntary AD&D, and other individual plans such as accident, cancer, specified health event, hospital, and short-term disability are administered and/or brokered by SDRMA (Special District Risk Management Authority) or Aflac (American Family Life Assurance Company). Services provided by SDRMA and Aflac include: plan design options, negotiating rates and benefits with carriers, legal and compliance updates and advice, open enrollment support, assistance with claims processing and resolution, and free workshops to staff. Although the District obtains non-medical health plans through SDRMA, the disclosure codes do not apply because the agency administers the non-medical programs through the California State Associations of Counties Excess Insurance Authority (CSAC-EIA Health); it does not contract directly with brokers or insurance carriers of the Health Benefit Programs. Agent, Broker, or Individuals Paid in Calendar Year 2021 Medical Broker/Administrator Medical Broker/Administrator CalPERS 400 Q Street Sacramento, CA 95811 AFLAC 1932 Wynnton Road Columbus, GA 31999 The 2021 CalPERS Total Fees/Commissions amount was $408 and the percentage of premiums was 0.26%. The 2021 Aflac Total Fees/Commissions amount was $1,941 and the percentage of premiums was 11.4%. Plan Year Broker - Administrator Coverage Premiums Total Fees & Commissions % of Premiums 2021 CalPERS Medical $159,949 $408 0.26% 2021 Aflac Non- medical $17,033 $1,941 11.4% Legal Review Not applicable. Environmental Review Disclosure and discussion of group health insurance premiums, fees, and commissions paid to agents or providers are administrative matters and not a disturbance of the environment similar to grading or construction and the discussion is not a project under CEQA or the District’s CEQA Guidelines. Financial Review The District paid a total of $176,982 in premiums for medical and non-medical expenses and $2,349 for fees and commissions in 2021. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 28, 2022 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#32/57 E. 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: March 28, 2022 Subject: Receive and File the February 2021 Organics Tonnage Report Summary A total of 614.48 tons of organic waste were collected in February 2022. 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 12. Receive and File the February 2022 Organics Tonnage Report Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#33/57 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 March 28, 2022 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. File Attachments Organics.png (8 KB) Organics Tonnage.png (16 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#34/57 E. 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: March 28, 2022 Subject: Receive and File the February 2022 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. 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 temporarily suspended their recycling processing at their Stanton Materials Recovery Facility (MRF) where the District's mixed waste is processed from March to September 2020. Below is a chart of all solid waste collected over the last seventeen years. Subject 13. Receive and File the February 2022 Solid Waste Diversion Report Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#35/57 Legal Review Not applicable. Environmental Review Consideration of the Solid Waste 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 March 28, 2022 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. File Attachments Tonnage.png (42 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#36/57 E. 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 14. Approve the preparation of a warrant to CR Transfer in the amount of $166,799.24 for February 2022 recycling and disposal services in the March 2022 warrant register Meeting Mar 28, 2022 - 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 $166,799.24 for February 2022 recycling and disposal services to be ratified in the March 2022 warrant register. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: March 28, 2022 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $166,799.24 for February 2022 recycling and disposal services in the March 2022 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 $166,799.24 for February 2022 recycling and disposal services to be ratified in the March 2022 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 - Newport Beach 42922 73.32 $54.98 $4,031.14* Residential Waste - Costa Mesa 42921 2,115.00 $54.98 $116,282.69* Total Residential Waste 2,188.32 $120,313.83 Organics Recycling Waste 42960 614.48 $75.65 $46,485.41 Total Organics 614.48 $46,485.41 Grand Total 2,802.80 $166,799.24 Legal Review Not Applicable Environmental Review 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#37/57 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 March 28, 2022 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#38/57 E. 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: March 28, 2022 Subject: Receive and File February 2022 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 February 2022. 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 February 2022: Contracts No contracts were signed in the month of February Purchase Orders 1. Golden Bell – spray sewer manholes for roaches. Cost: 24,980.50 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 Copies of this report are on file and will be included with the entire agenda packet for the March 28, 2022 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 Subject 15. Receive and File February 2022 Contracts Signed by the General Manager Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. Goals 6.0 Administrative Management 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#39/57 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. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#40/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: March 28, 2022 Subject: Consider Appointing One Board Member to Serve on CMSD's Negotiation Team During Contract Negotiations with CR&R Environmental Services Summary On March 14, 2022, the Board of Directors directed staff to bring back for discussion and consideration appointing one board member to serve on CMSD's negotiation team during contract negotiations with CR&R Environmental Services. Recommendation That the Board of Directors appoint one board member to serve on CMSD's negotiation team during contract negotiations with CR&R Environmental Services. Analysis For the past two months, District staff have been negotiating new contract terms with CR&R Environmental Services for compliance with SB 1383, California's Short-Lived Climate Pollutant Reduction Strategy. The Board of Directors have expressed interest appointing one board member to serve on CMSD's negotiation team. It is anticipated negotiations could conclude by May 2022 and then soon after, the agreed upon terms can be made public and discussed by the Board of Directors. Legal Review Not applicable at this time. Environmental Review Appointing one board member to serve on CMSD's negotiation team during contract negotiations with CR&R Environmental Services is an administrative matter and not a disturbance of the environment similar to grading or construction and the discussion is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There are no financial impacts to the District for appointing one board member to serve on CMSD's negotiation team. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 28, 2022 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions 1. That the Board of Directors do not appoint one board member on CMSD's negotiation team. 2. Direct staff to report back with more information. Subject 1. Consider Appointing One Board Member to Serve on CMSD's Negotiation Team During Contract Negotiations with CR&R Environmental Services Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors appoint one board member to serve on CMSD's negotiation team during contract negotiations with CR&R Environmental Services Goals 2.0 Solid Waste 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#41/57 H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: March 28, 2022 Subject: Receive and File the District Engineer's Report and Capital Improvement Projects Status Summary The District Engineer has provided a memorandum with a brief summary of major capital or other engineering activities for the period of mid-February to mid-March. The District Engineer's memorandum is attached. Also attached is a detailed summary of the Capital Improvement Project activities and associated project cost expenses for the previous calendar month. Recommendation The Board of Directors receive and file the Capital Improvement Status Report. Analysis Attached is information regarding project or technical sewer activities for the Board of Directors' use and information. 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 The cost of preparing this report is contained within the operating budget. There are 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 March 28, 2022, 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 Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action Preferred Date Mar 28, 2022 Fiscal Impact No Budgeted No Budget Source Operating Budget Recommended Action The Board of Directors receive and file the Capital Improvement Status Report. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#42/57 2022 03 Monthly Engineers Report CMSD Memorandum.pdf (209 KB) CIP Updates for March Board Meeting.pdf (1,120 KB) 2022 03 Monthly Engineers Report CMSD Memorandum.docx (74 KB) 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#43/57 H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: March 28, 2022 Subject: Consider Rejecting the Nu Line Technologies, LLC Bid as Non-Responsive and Awarding a Contract to Nor-Cal Pipeline Services for the Project 328 Ductile Iron Pipe (DIP) Rehabilitation Phase III Project Summary The project work generally consists of rejuvenating the inside of existing ductile iron sewer pipe (DIP) and lining it with a cured-in-place pipe (CIPP). Contractors were required to bid on installing CIPP at several ductile iron pipe (DIP) locations throughout the District service area. The project work is being conducted because the DIP has become corroded and must be rejuvenated prior to failure. Bids, received from three contractors, were opened on March 3, 2022, and ranged from $543,273 to $681,900. The Bid Register showing bidder details is attached to this report. The Engineer's estimate for this project is $416,250 and was based on unit prices from the DIP Phase II project bids. The DIP Phase III contains significantly more work, however shorter liners sections. The bids also reflect a higher unit cost for the shorter repair length for each pipe. The middle bidder, Nu Line Technologies, LLC, (Nu Line) submitted two (2) Schedule of Work Item Summary pages (Form 7 of 13). The first Schedule of Summary page was in the correct page 7 position and was read aloud during the Bid Opening. That Nu Line bid was read aloud as $674,667. After all bids were read, all bidders left. After the bidders had left, the District started to review the bid packages and noticed an irregularity with the Nu Line bid and they had included a second Schedule of Work Item summary page between page 1 and page 2 of the 13 page form. That summary page listed a price of $520,817. Later in the day, Nu Line contacted the District to advise that we read the incorrect Summary page. After consideration, District staff recommend rejecting the Nu Line bid due to irregularities and rejecting their bid. The District has the right to reject the Nu Line bid as non-responsive. Recommendation That the Board of Directors: Subject 2. Consider Rejecting the Nu Line Technologies, LLC Bid as Non-Responsive and Awarding a Contract to Nor-Cal Pipeline Services for the Project 328 Ductile Iron Pipe (DIP) Rehabilitation Phase III Project Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action, Discussion Preferred Date Mar 28, 2022 Absolute Date Apr 25, 2022 Fiscal Impact No Dollar Amount $543,273.00 Budgeted Yes Budget Source Project 328 DIP Rehab Recommended Action 1. Reject the Nu Line Technologies, LLC bid as non-responsive. 2. Award a contract to the lowest responsive and responsible bidder, Nor-Cal Pipeline Services in the amount of $543,273. 3. Approve a 10% contingency in the amount of $54,327. Goals 1.6 Sewer Infrastructure - Rehabilitate and/or replace infrastructure before reaching the end of its life cycle 1.11 Sewer Infrastructure - Closed Circuit Televise (CCTV) pipeline 1.10 Sewer Infrastructure - Monitor inflow after significant weather events 1.0 Sewer Infrastructure 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#44/57 1. Reject the Nu Line Technologies, LLC bid as non-responsive. 2. Award a contract to the lowest responsive and responsible bidder, Nor-Cal Pipeline Services in the amount of $546, 667. 3. Approve a 10% contingency in the amount of $25,659. Analysis Engineers used the practice of installing ductile iron pipe (DIP) to protect shallow sewers, waterline crossings, and flood channel crossings because of the inherent strength in the pipe walls. However, air in the line reacts with the dissolved sulfur compounds in wastewater causing the formation of sulfuric acid. The acid accumulates on the iron to cause corrosion, degrading the inside walls of ductile iron pipe. Over time, defects in the plastic wrapping allows naturally corrosive soils to also damage the pipe exterior. This project consists of industrial cleaning of ductile iron pipe within our gravity sewer system and installing a cured-in-place pipe liner. Sixty-three (63) locations will be rehabilitated within this phase of the project. In addition, when this project is completed. Legal Review District Counsel has reviewed the bid documents, reviewed any bidding discrepancies or irregularities, and has reviewed and approved the contract to form. District Counsel recommends the Board should reject the Insituform Technologies, Inc. low bid as non- responsive. Environmental Review Rehabilitating existing sewer pipeline is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. Financial Review The District staff has a budget adjustment to transfer $32,000 form the Project 326 19th Street Force Main Replacement budget to this project to use for this and possibly a forth project phase. The available budget with encumbrance after the budget adjustment is $651,009. The total construction cost for this project phase is $543,273, plus an additional 20% for construction engineering, inspection, administration and a contingency. There is adequate funding for this project. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the March 28, 2022 Board of Directors meeting at District Headquarters and posted on the District's website at www.cmsdca.gov Alternative Actions 1. Reject all bids and direct staff to solicit bids again. 2. Refer the matter back to staff for additional information. File Attachments Nor-Cal Signed Contract Bonds.pdf (2,662 KB) Bid Results - 2022-03-03 - Project 328 DIP Rehab Phase III.pdf (58 KB) 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#45/57 J. ATTORNEY'S REPORTS To: Board of Directors From: Alan Burns, District Counsel Date: March 28, 2022 Subject: Consider Adopting Resolution No. 2022-957 Authorizing Remote Meetings Summary The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so, adopt a resolution making findings. Recommendation That the Board of Directors Adopt Resolution No. 2022-957 Authorizing Remote Meetings. Analysis The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4, 2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and the public has a right to comment on meeting items. N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior Executive Order until Sep 30, 2021, at which time it expires. AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet- based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be required in advance of the meeting. If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30 days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend social distancing. Legal Review District Counsel has prepared this staff report and Resolution No. 2022-957. 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 Subject 1. Consider Adopting Resolution No. 2022-957 Authorizing Remote Meetings Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors adopt Resolution No. 2022-957 Authorizing Remote Meetings Goals 6.0 Administrative Management 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#46/57 There are no financial impacts to the District for adopting Resolution No. 2022-957. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 28, 2022 regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Do not adopt Resolution No. 2022-957 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all Executive Orders related to the Brown Act are expired after that date), 2. Do not adopt Resolution No. 2022-957 and direct staff to report back with more information. File Attachments resolution_2022-957_remote meeting extension.pdf (118 KB) 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#47/57 J. ATTORNEY'S REPORTS File Attachments Scott Carroll Contract (2022).pdf (109 KB) Subject 2. Consider Approving General Manager, Scott Carroll's, Employee Agreement Including a 5% Merit Increase after receiving his performance evaluation Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors Consider Approving General Manager, Scott Carroll's, Employee Agreement Including a 5% Merit Increase After Receiving His Performance Evaluation 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#48/57 K. 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 Ooten) Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#49/57 K. 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#50/57 K. 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#51/57 K. 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#52/57 K. 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) - (Vice President Scheafer) Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#53/57 K. 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 Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#54/57 M. NEW BUSINESS To: Board of Directors From: Arlene Schafer, Board Secretary Date: March 28, 2022 Subject: Consider Submitting Award Nominations to California Special Districts Association (CSDA) Summary On February 8, 2022, the Board directed staff to bring this item back to a regular Board of Directors meeting for discussion. Recommendation That the Board of Directors considers nominating Scott Carroll for General Manager of the Year and Vice President Mike Scheafer for Board Member of the Year. Analysis The 2022 CSDA Award nominations are now being accepted. The awards are an opportunity for CSDA to showcase their members' most valuable contributions to the community they serve. The following are the award categories: Board Member of the Year General Manager of the Year Staff Member of the Year Ralph Heim Exceptional Outreach & Advocacy William Hollingsworth Award and Excellence Chapter of the Year Innovative Program/Project of the Year Exceptional Public Outreach & Advocacy Excellence in Technology In 2021, the District received two awards from CSDA: Staff Member of the Year: Gina Terraneo Innovative Program/Project of the Year: Using Artificial Intelligence to Inspect Sewer Manhole Covers For 2022, I am recommending the Board of Directors consider nominating Scott Carroll for General Manager of the Year and Vice President Mike Scheafer for Board Member of the Year. The deadline to submit nominations is May 2, 2022. Legal Review Not applicable Environmental Review Submitting award nominations is an administrative matter and not a disturbance of the environment similar to grading or construction and the discussion is not a project under CEQA or the District’s CEQA Guidelines. Financial Review Subject 1. Consider Submitting Award Nominations to California Special Districts Association (CSDA) Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Action, Discussion Fiscal Impact No Recommended Action That the Board of Directors considers nominating Scott Carroll for General Manager of the Year and Vice President Mike Scheafer for Board Member of the Year Goals 6.0 Administrative Management 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#55/57 There are no financial impacts to the District for preparing and submitting award nominations. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the March 28, 2022 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not nominate Scott Carroll for General Manager of the Year and Vice President Mike Schaefer for Board Member of the Year. 2. Nominate another Board Member for Board Member of the Year. 3. Direct staff to submit nominations for other listed categories. 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#56/57 N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Discussion 3/24/22, 3:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#57/57 O. CLOSING ITEMS The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday, April 25, 2022 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 1. Adjourn Meeting Mar 28, 2022 - Board of Directors Regular Meeting Access Public Type Procedural