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2023_04_24_board4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/3 Monday, April 24, 2023 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** 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 - 850 1825 3471 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 850 1825 3471# 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 Scheafer 2. Pledge of Allegiance - President Scheafer 3. Invocation - Vice President Schafer 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/3 6. Ceremonial Matters and Presentations B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. 1. Public Comments C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of March 14, 2023 3. Approve the Board of Directors Regular Meeting Minutes of March 27, 2023 4. Adopt Warrant Resolution No. CMSD 2023-10 Approving District Warrant Registers 5. Approve the Directors' Compensation and Reimbursement of Expenses 6. Approve Payroll Transparency Disclosure for March 2023 7. Receive and File March 2023 Contracts Signed by the General Manager 8. Accept the occupancy count as presented as 23,095 and direct staff to prepare a warrant to CR&R Environmental Services for $246,047.20 for March 2023 collection. 9. Receive and File the January, February and March Organics Tonnage Report 10. Receive and File the January - March Solid Waste Diversion Report 11. Approve the preparation of a warrant to CR Transfer in the amount of $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services in the April 2023 warrant register   D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 1. Consider Amending Administrative Policy No. 60.00 - Citizens Advisory Committee 2. Consider Creating an Ad Hoc Committee to Discuss Term Limits for Board of Directors 3. Consider Approving Contribution Program Application for Concerts in the Park in the amount of $2,500 4. Consider Approving $1,000 Contribution to Sponsor Love Costa Mesa Day Event on May 20, 2023 5. Receive and File the Third Quarter Budget Review of FY 2022-23 6. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Third Quarter 7. Receive and File 2023 Annual Performance Measurement Report - 1st Quarter (Jan-Mar) F. ENGINEER'S REPORTS 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/3 2. Ratify the District Emergency Declaration for the P335 Phase 2 Paularino Sewer Siphon Pipeline Failure and Approve an Asset Management Fund Transfer to the P335 Phase 2 Sewer Siphon Rehab Project G. TREASURER'S REPORTS 1. Approve the Investment Report for the Month of March 2023 H. ATTORNEY'S REPORTS I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request  of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030.  For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. 1. Orange County Sanitation District (OCSD) - (Vice Secretary Ooten) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Secretary Perry) 3. Independent Special Districts of Orange County (ISDOC) - (Vice President Schafer) 4. California Special Districts Association (CSDA) - (Vice President Schafer) 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 J. OLD BUSINESS K. NEW BUSINESS L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments M. ADJOURN TO CLOSED SESSION N. RECONVENE TO OPEN SESSION O. CLOSING ITEMS 1. Adjourn 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/57 Monday, April 24, 2023 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** 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 - 850 1825 3471 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 850 1825 3471# 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 Scheafer Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 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 Scheafer Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/57 A. OPENING ITEMS Subject 3. Invocation - Vice President Schafer Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/57 A. OPENING ITEMS Michael Scheafer, President Arlene Schafer, Vice President Arthur Perry, Secretary Robert Ooten, Vice Secretary 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 Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 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 Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 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 Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/57 B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 1. Public Comments Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 1. Approve Consent Calendar Meeting Apr 24, 2023 - 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 24, 2023 Subject: Approve the Board of Directors Study Session Minutes of March 14, 2023 Summary The recorded minutes of the March 14, 2023 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 March 14, 2023. 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 April 24, 2023 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 2. Approve the Board of Directors Study Session Minutes of March 14, 2023 Meeting Apr 24, 2023 - 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 Mar 14, 2023 - Board of Directors Study Session 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/57 File Attachments minutes_2023_03_14_ss.pdf (172 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 23, 2023 Subject: Approve the Board of Directors Regular Meeting Minutes of March 27, 2023 Summary The recorded minutes of the March 27, 2023 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 March 27, 2023. 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 April 24, 2023 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. Subject 3. Approve the Board of Directors Regular Meeting Minutes of March 27, 2023 Meeting Apr 24, 2023 - 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 Mar 27, 2023 - Board of Directors Regular Meeting 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/57 File Attachments minutes_2023_03_27_rm.pdf (234 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Lieu Tran, Accountant Date: April 24, 2023 Subject: Adopt Warrant Resolution No. CMSD 2023-10 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 April 24, 2023 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 4. Adopt Warrant Resolution No. CMSD 2023-10 Approving District Warrant Registers Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2023-10 approving District warrants for the month of March in the amount of $822,761.20. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/57 File Attachments WARRANT RESO 2023-10.pdf (250 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk & Public Information Officer Date: April 24, 2023 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 April 24, 2023 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 Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Apr 24, 2023 - 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/57 board_comp.pdf (913 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#17/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Lieu Tran, Accountant Date: April 24, 2023 Subject: Approve Payroll Transparency Disclosure for March 2023 Summary Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Recommendation That the Board of Directors approve and file the report. Analysis Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Legal Review Not Applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities." Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Subject 6. Approve Payroll Transparency Disclosure for March 2023 Meeting Apr 24, 2023 - 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. Goals 4.7 Demonstrate outstanding efforts in transparency 7.0 Finance 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#18/57 Copies of this report are on file and will be included with the complete agenda packet for the April 24, 2023 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments Payroll Transparency Disclosure March 2023.pdf (1,149 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#19/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 7. Receive and File March 2023 Contracts Signed by the General Manager Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. 1. Cesar Vargas & Associates- Perform translation and interpretation services. Cost: $4,900.00 Purchase Order: 1. Mattucci Plumbing – Conduct CCTV of Indus Sewer, including up to four private lateral videos per National Association of Sewer Service Companies (NASSCO) requirements. Cost: $3,232.80 2. Performance Pipeline Technologies – Conduct CCTV of Elden force main, American, and South Coast Plaza sewer. Cost: $1,800.00 To: Board of Directors From: Scott Carroll, General Manager Date: April 24, 2023 Subject: Receive and File March 2023 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 March 2023. Recommendation That the Board of Directors receive and file this report. Analysis The following contracts were signed by the general manager in March 2023. Contract: Legal Review Not applicable 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 to perform the contract services mentioned above. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 24, 2023 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#20/57 1. Direct staff to report back with more information All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#21/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Evan Schneider, Solid Waste Intern Date: April 24, 2023 Subject: Accept the occupancy count as presented as 23,095 and direct staff to prepare a warrant to CR&R Environmental Services for $246,047.20 for March 2023 collection. Summary Accept the occupancy count as presented using 23,095 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for March 2023 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $246,047.20 to be ratified in the April 2023 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 23,095 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for March 2023 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $246,047.20 to be ratified in the April 2023 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 $10.6537 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 March 31, 2023, total District occupancy was at 23,095 with three (3) new accounts added 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 March 2023: 23,095 x $10.6537 =$246,047.20 Legal Review Not Applicable Environmental Review Subject 8. Accept the occupancy count as presented as 23,095 and direct staff to prepare a warrant to CR&R Environmental Services for $246,047.20 for March 2023 collection. Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 23,095 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for March 2023 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $246,047.20 to be ratified in the April 2023 warrant list. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#22/57 Consideration of the Occupancy 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 Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this Staff Board report are on file and will be included with the entire agenda packet for the April 24, 2023, Regular Board meeting at District Headquarters and on the District website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments 2023-03-G CMSD Occupancy Report.pdf (78 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#23/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 9. Receive and File the January, February and March Organics Tonnage Report Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. To: Board of Directors Via: Scott Carroll, General Manager From: Evan Schneider, Solid Waste Intern Date: April 24, 2023 Subject: Receive and File the January 2023 - March 2023 Organics Tonnage Report Summary A total of 698.32 tons of organic waste were collected in January 2023, a total of 643.80 tons in February 2023, and lastly 755.33 tons in March 2023. 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. Fiscal Year 2022-23 Month Recycled Landfilled Total Collected July 786.94 37.98 824.92 August 804.42 38.83 843.25 September 736.22 35.54 771.76 October 777.64 37.53 815.17 November 720.77 34.79 755.56 December 608.71 29.38 638.09 January 666.17 32.15 698.32 February 614.16 29.64 643.80 March 720.55 34.78 755.33 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#24/57 File Attachments Organics Tonnage.png (15 KB) Organics.png (8 KB) Legal Review Not applicable. Environmental Review Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the April 24, 2023 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Action 1. Direct staff to report back with more information. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#25/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Evan Schneider, Solid Waste Intern Date: April 24, 2023 Subject: Receive and File the January - March Solid Waste Diversion Report Summary A total of 1933.90 tons of solid waste were collected and recycled in January 2023, 1695.22 tons were collected and recycled in February 2023, and a total of 1960.73 were collected and recycled in March 2023. Recommendation That the Board of Directors receive and file this report. Analysis A total of 1933.90 tons of solid waste were collected and recycled in January 2023, 1695.22 tons were collected and recycled in February 2023, and a total of 1960.73 collected and recycled in March 2023. For the current fiscal year to date, a total of 17,345.85 tons of solid waste have been recycled and the District diversion rate is 60.82%. Subject 10. Receive and File the January - March Solid Waste Diversion Report Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#26/57 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 April 24, 2023 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Action File Attachments Tonnage.png (37 KB) solidwaste_table.jpg (72 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#27/57 C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Evan Schneider, Solid Waste Intern Date: April 24, 2023 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services in the April 2023 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 $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services in the April 2023 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 (February)Tonnage Rate Amount Billed Residential Waste - Newport Beach 44371 64.11 $56.52 $3,623.50 Residential Waste - Costa Mesa 44370 2093.20 $56.52 $118,307.58* Total Residential Waste 2,157.31 $121,931.08 Organics Recycling Waste 44405 643.80 $77.77 $50,068.33* Total Organics 643.80 $50,068.33 Grand Total 2,801.11 $171,999.41 Type of Waste Invoice (March)Tonnage Rate Amount Billed Residential Waste - Newport Beach 44371 89.03 $56.52 $5,031.97 Residential Waste - Costa Mesa 44444 2,385.22 $56.52 $134,812.66* Subject 11. Approve the preparation of a warrant to CR Transfer in the amount of $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services in the April 2023 warrant register Meeting Apr 24, 2023 - 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 $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services in the April 2023 warrant register. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#28/57 Type of Waste Invoice (March)Tonnage Rate Amount Billed Total Residential Waste 2,474.25 $139,844.63 Organics Recycling Waste 44479 755.33 $77.77 $58,742.03* Total Organics 755.33 $58,742.03 Grand Total 3,229.58 $198,586.66 Legal Review Not Applicable Environmental Review Consideration of the CR Transfer 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 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 April 24, 2023 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Action 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. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#29/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 24, 2023 Subject: Consider Amending Administrative Policy No. 60.00 - Citizens Advisory Committee Summary On March 27, 2023, the Board of Directors discussed this item and directed staff to bring it back to tonight's meeting for further discussion. Recommendation That the Board of Directors consider approving proposed amendment to Administrative Policy No. 60.00 pertaining to the Citizens Advisory Committee. Analysis On March 27, 2023, the Board of Directors discussed this item and directed staff to bring it back to tonight's meeting for further discussion. In addition, the Board directed staff to bring back the attendance record of CAC members for the past one year. See table below. The proposed amendment to Administrative Policy No. 60.00 removes term limits and allows residents to serve on the committee for as long as they desire and at the pleasure of the Board. The proposed amendment also makes it clear that open seats past the application deadline will continue with the appointment process until all seats are appointed by the Board. CAC Attendance Term(s)Member District Meetings Absent 2021-2023 2023-2025 Jeff Arbour 1 7/14/2021 3/9/2021 7/13/2022 3/8/2023 2020-2022 2022-2024 Daniel Baume 2 5/11/2022 7/13/2022 1/11/2023 3/8/2023 2021-2023 2023-2025 Cindy Brenneman 3 7/14/2021 11/10/2021 9/14/2022 2020-2022 2022-2024 Rosemarie Chora 4 Subject 1. Consider Amending Administrative Policy No. 60.00 - Citizens Advisory Committee Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors consider approving proposed amendment to Administrative Policy No. 60.00 pertaining to the Citizens Advisory Committee Goals 6.0 Administrative Management 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#30/57 2020-2022 2022-2024 Dickie Fernandez 2 1/11/2023 2022-2024 Dean Fisher 1 7/13/2022 2019-2021 2021-2023 Judith Gielow 5 3/8/2023 2018-2020 2020-2021 2021-2023 Elodie Katz (Chair)1 9/8/2021 2018-2019 2019-2021 2021-2023 Sue Lester (Vice Chair)1 3/9/2022 11/9/2022 1/11/2023 2022-2024 Michael Tou 3 2022-2024 Annette Watson 1 5/11/2022 7/13/2022 9/14/2022 Legal Review Not applicable Environmental Review Approving amendments to policies are an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There are no financial impacts to the District for approving the proposed amendments to Administrative Policy No. 60.00. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 24, 2023 Board of Directors regular meeting at District Headquarters and on the District website. Alternative Actions 1. Direct staff to report back with more information. File Attachments AR No. 60.00 - Citizens Advisory Committee.pdf (101 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#31/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 24, 2023 Subject: Consider Creating an Ad Hoc Committee to Discuss Term Limits for Board of Directors Summary On March 27, 2023, the Board of Directors directed staff to bring this item back for discussion. Recommendation That the Board of Directors: 1. Create an ad hoc committee to discuss creating a policy for term limits for the Board of Directors; and 2. Appoint two board members to serve on the committee Analysis The ad hoc committee is a temporary committee that will discuss the pros and cons for term limits for the Board of Directors. The committee will review term limit policies from other local government agencies and recommend, if any, a policy that best fits the district. At a future meeting, the Board of Directors will decide to approve or deny the committee's recommendation(s). Legal Review Not applicable at this time; however, District Counsel will review draft policies before being presented to the Board for approval consideration. Environmental Review Forming a temporary ad hoc committee to discuss term limits for the Board of Directors is an administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There are no financial impacts to the district for creating an ad hoc committee. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 24, 2023 Board of Directors regular meeting at District Headquarters and posted on the District's website. Alternative Actions 1. Consider appointing two Citizens Advisory Committee members to the ad ho committee. 2. Direct staff to report back with more information. Subject 2. Consider Creating an Ad Hoc Committee to Discuss Term Limits for Board of Directors Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors: 1. Create an ad hoc committee to discuss creating a policy for term limits for the Board of Directors; and 2. Appoint two board members to serve on the committee 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#32/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 24, 2023 Subject: Consider Approving Contribution Program Application for Concerts in the Park Summary On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is presenting the Board of Directors with a Contribution Program Eligibility Application to provide a Gold level sponsorship of $2,500 for the Costa Mesa Foundation's Concerts in the Park series on July 11, 18, and 25, 2023. Recommendation That the Board of Directors: 1. Approve the Costa Mesa Foundation's contribution application requesting a $2,500 sponsorship for the Concerts in the Park series of events; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Subject 3. Consider Approving Contribution Program Application for Concerts in the Park in the amount of $2,500 Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Preferred Date Apr 24, 2023 Absolute Date May 22, 2023 Fiscal Impact Yes Dollar Amount $2,500.00 Budgeted Yes Budget Source 10-100100-4420 & 20-100100-4420 (Public Information/Education/Community Promotions Sponsorships) Recommended Action That the Board of Directors: 1. Approve the Costa Mesa Foundation's contribution application requesting a $2,500 sponsorship for the Concerts in the Park series of events; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Goals 5.7 Community Outreach & Communications - Provide workshops, educational events and special events 5.2 Community Outreach & Communications - Offer sustainable promotional products 4.7 Partnerships - Participate in community events to increase visibility 4.1 Partnerships - Build relationships with local agencies, small businesses, and non- profit agencies to promote sustainable practices 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#33/57 Analysis According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a contribution should be made: Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs). Describe how the contribution will advance the District's purpose. Regarding these criteria, the Concerts in the Park sponsorship may serve the purpose of increasing District visibility by providing a community booth where District staff can promote and educate the public about the importance of recycling, source separation, and wastewater collection. At each concert in the series, District staff can host various educational activities, including a waste sorting game and an interactive wastewater collection system demonstration. These activities will promote District programs, such as the Organics Recycling Program, Household Hazardous Waste Collection Program, FOG Prevention, and the Sewer Inspection Rebate Program. Additionally, District staff can use this opportunity to educate residents about the upcoming transition to a 3-Cart curbside collection system and display the black/landfill, blue/recycling, and green/organics carts. To support these outreach efforts, CMSD will distribute sustainable giveaways and educational handouts. As stated in the attached documents, the Gold level sponsorship of $2,500 includes the following: CMSD Logo on all promotional materials, including the Daily Pilot ad, Costa Mesa Foundation website, social media, stage banners, concert poster, and concert program MC recognition at all concerts 10' x 10' community booth with table and 2 chairs at all concerts 1 preferred onsite parking pass for all concerts Additionally, the Costa Mesa Foundation will make recycling containers available at the event. The District has sponsored the Concerts in the Park event series at the Gold level from 2014-2019 and in 2022. Due to the pandemic, the event series was not held in 2020. In 2021, the event was held as a single concert and the District was unable to participate due to receiving late notice about the event. Legal Review Not applicable. Environmental Review The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review Pending Board approval of the proposed FY 23-24 budget, staff anticipates that their will be sufficient funds in the FY 23-24 Solid Waste and Wastewater Public Info/Education/Community Promotions accounts for this sponsorship. A total of $7,000 is included in the preliminary budget for FY 23-24. If approved, the sponsorship will be paid after July 1, 2023 (the start of FY 23-24). The Gold level sponsorship of $2,500 will be split in half between solid waste and wastewater funds. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 24, 2023 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Determine that no purpose exists for providing a sponsorship for the Concerts in the Park events. 2. Approve an alternative sponsorship level of $100, $500, $1500, or $5000. (Note: Sponsorship levels under $2500 do not include an event booth. A $5000 sponsorship includes more prominent display of sponsor logos and an additional preferred parking space; however, contributing at this level will leave only $2,000 for other sponsorships for the remainder of the fiscal year.) File Attachments Contribution Application - Concerts in the Park 2023.pdf (477 KB) Concerts In The Park - Sponsorship Levels.pdf (3,604 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#34/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 24, 2023 Subject: Consider Approving $1,000 Contribution to Sponsor Love Costa Mesa Day Event on May 20, 2023 Summary On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is presenting the Board of Directors with a Contribution Program Eligibility Application to provide sponsorship for the Love Costa Mesa Day event on May 20, 2023. Recommendation That the Board of Directors: 1. Approve contributing $1,000 to sponsor the Love Costa Mesa Day event on May 20, 2023; and 2. Make a finding that this contribution will increase District visibility and promote the District's purpose of recycling/diverting organics away from landfills. Analysis According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a contribution should be made. Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs). Describe how the contribution will advance the District's purpose. Subject 4. Consider Approving $1,000 Contribution to Sponsor Love Costa Mesa Day Event on May 20, 2023 Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Dollar Amount $1,000.00 Budgeted Yes Budget Source Solid Waste Fund Recommended Action That the Board of Directors: 1. Approve contributing $1,000 to sponsor the Love Costa Mesa Day event on May 20, 2023; and 2. Make a finding that this contribution will increase District visibility and promote the District's purpose of recycling/diverting organics away from landfills. Goals 2.0 Solid Waste 2.8 Solid Waste - Recycle green waste and food scraps 4.0 Partnerships 4.7 Partnerships - Participate in community events to increase visibility 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#35/57 According to Trellis, the events organizer, the largest expense is dump fees for green waste. District contribution to the event will help offset dump fee costs and divert green waste away from landfills, which will advance the District's purpose of collecting and recycling organic waste. Staff will be requesting disposal data from Trellis that can be counted towards the District annual solid waste diversion rate. Legal Review Not applicable. Environmental Review The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There is currently, $1,725 available in the solid waste sponsorship budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 24, 2023 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Approve a lesser contribution amount of $750 or $500. File Attachments CM Sanitary District contribution_program_application_3_23_2022.pdf (336 KB) 2023 Love Costa Mesa Day Partnership.pdf (2,668 KB) Labors of Love Partnership.png (600 KB) LCM-Sponsorship Opportunities-2023.pdf (3,752 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#36/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: April 24, 2023 Subject: Receive and File the Third Quarter Budget Review of FY 2022-23 Summary This report serves as a summary of the District’s spending through March 31, 2023 as well as staff’s best estimate of projected balances for the year-ended June 30, 2023. Recommendation That the Board of Directors receive and file the Fiscal Year 2022-23 Third Quarter Budget Review. Analysis This analysis report uses the “Amended Budget”, consisting of the adopted budget plus any approved prior year carryover appropriations, as well as budget adjustments through March 31, 2023. Solid Waste Fund Expenditure- The Solid Waste fund has an amended budget of $7,234,329. As of March 31, 2023, a total of 66.7% of the Solid Waste budget was expended. At this time, staff anticipates a budgetary savings of $522.400 for the FY, mainly due to savings in Maintenance/Operations. Solid Waste & General Funds Revenue- The total Solid Waste and General Funds revenue budget for FY 2022-23 is $6,983,600. As of March 31, 2023, the District received $4,692,578. Wastewater Fund Expenditure- The Wastewater fund has an amended budget of $5,856,068 (excluding CIP). As of March 31, 2023, a total of 70% of the Wastewater Fund’s operating budget has been expended. Staff anticipates a budgetary savings of $81,000 due to reduced costs in Maintenance/Operations. Wastewater Fund Revenue- The total Wastewater Fund revenue budget for FY 2022-23 is $7,292,500. As of March 31, 2023, the total Wastewater Fund revenue the District received is $4,724,446. The Capital Improvement Projects (CIP) are projected to be within budget. Please see the attached report for a more detailed analysis. 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 See attached report. Subject 5. Receive and File the Third Quarter Budget Review of FY 2022-23 Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 8.0 Finance 8.3 Finance - Forecast revenues and expenditures 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#37/57 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 24, 2023 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff for additional information. File Attachments A-FY2022-23 Third Quarter Budget Analysis.pdf (363 KB) B - Expenditure Analysis FY2022-23 Q3.pdf (137 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#38/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 24, 2023 Subject: Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Third Quarter Summary On June 22, 2020, the Board of Directors adopted the 2020-2025 Strategic Plan, which is a plan that establishes goals, objectives, strategies and work plans for the next five years and will help move the organization in a direction toward achieving its mission and vision. Attached is the quarterly update of the Plan that demonstrates the progress staff is making toward achieving the strategic goals. The next quarterly report from this Plan will be presented to the Board on July 24, 2023. Recommendation That the Board of Directors receive and file this report. Analysis The 2020-25 Strategic Plan is the most ambitious Plan in the history of the District. The Plan has 104 Strategic Goals to achieve and/or implement in the next five years compared to 48 strategic goals in the FY 2015-20 Strategic Plan. Legal Review Not applicable Environmental Review The District’s Strategic Plan is a planning document and preparation and adoption of the plan itself is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of Directors specifically considers each of the items since that is when the full scope of work of each effort or project will be described Financial Review Activities described in the strategic goals are funded in the budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 24, 2023 Board of Directors regular meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov. Alternative Actions Subject 6. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Third Quarter Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 1.0 Sewer Infrastructure 2.0 Solid Waste 3.0 Emergency Preparedness 4.0 Partnerships 5.0 Community Outreach & Communications 6.0 Administrative Management 7.0 Human Resources Management 8.0 Finance 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#39/57 1. Direct staff to report back with more information. File Attachments Strategic Plan Qtly Update 2022-23 3rd Qtr.xlsx (93 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#40/57 E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: January 23, 2023 Subject: Receive and File 2023 Annual Performance Measurement Report - 1st Quarter (Jan-Mar) Summary On November 29, 2018, the Board of Directors adopted Administrative Regulations No. 70.00, Performance Measurement Program, which established methods and procedures for gathering and analyzing organizational performance while at the same time collaborating towards continuous improvement of performance in an open and transparent manner. Recommendation That the Board of Directors receive and file this report. Analysis A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency, effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is to continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the public. The 2023 Performance Measurement Report will include revised, new and deleted measures, as described below. Revised Measures 1. Percentage of Entire Wastewater System Cleaned Annually - Before 2023, the goal of the district was to clean the entire system of 224 miles of pipeline within 18 months. The measurement goals was to clean 67% of the system within a 12-month calendar year. In the fall of 2022, the district acquired another combination sewer cleaning unit and hired additional staff that enabled the district to have three sewer cleaning crews. In January, 2023, staff of the Wastewater Department began working on 4-10 schedules (10 hours a day, 4 days a week). The goal for the measurement has been revised to cleaning the entire system of 224 miles of pipeline within a 12-month calendar year. 2. Average Footage of Daily Pipeline Cleaned - This measure is a reflection of the measure above. When the goal was to clean the entire system within 18-months, the measurement goal was to clean 3,602 feet of pipeline a day. Now that the goal is to clean the entire system within 12 months, this measurement goal has been revised to 5,385.51 feet a day. 3. Number of Subscribers to Government Outreach (GORequest Mobile) - The previous goal was to attain at least 2,500 subscribers. As the outcome to this measurement surpassed the goal by more than double, a goal was identified to continue pursuing subscribers. The revised goal to attain is 7,000 subscribers. Subject 7. Receive and File 2023 Annual Performance Measurement Report - 1st Quarter (Jan-Mar) Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 1.0 Sewer Infrastructure 2.0 Solid Waste 3.0 Emergency Preparedness 4.0 Partnerships 5.0 Community Outreach & Communications 6.0 Administrative Management 7.0 Human Resources Management 8.0 Finance 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#41/57 4. Number of Requests Entered Into GoCMSD - The previous goal was to receive 2,000 requests entered into GoCMSD. The outcome is surpassing the goal by almost double. Entering service request is an easy and convenient way to request service from the district 24/7. Staff want's to encourage more residents to use this app, so the goal was revised to 5,000 requests entered into GoCMSD. 5. Number of Engagements/Views - the district recently joined NextDoor. The number of engagements made in NextDoor are now being tracked. New Measures 1. Percentage of Manhole Cover Surface Areas are Repaired within 72 Hours after being Reported - This measure is in relations to the district's successful manhole surface inspection program using artificial intelligence. There's no data for this measure in the first quarter because recording manholes occur once a year during the summer months when sunlight days are longer. Recording will begin in July 2023. 2. Percent of Employees are Participating in the District's Wellness Program. In May 2022, the district adopted a Wellness Program that focuses on physical and mental well-being of employees that will advance their health to sustain work productivity and improve work/life balance. While participating in the program is voluntarily, management is trying to encourage all employees to participate to help ensure physical and mental well-being. 3. Percent of Employees Believe Participating in the Wellness Program is Valuable to Enhancing their Physical and Mental-Well Being. This measure ties into the district's Wellness Program. 4. Financial Excellence in Budgeting and Reporting - Obtaining Triple Crown recognition from the Government Finance Officers Association of the U.S. and Canada is the highest recognition bestowed to local government. It recognizes an agency receiving Certificate of Achievement for Excellence in Financial Reporting along with its Popular Financial Reporting (PAFR) award and the Distinguished Budget Presentation award in the same year. Earning the Triple Crown demonstrates transparency and accountability by fully disclosing public finances. 5. Wastewater O&M cost per 100 miles of pipe is within 5% of the 75th Percentile of Wastewater Utilities identified in American Water Works Association (AWWA) Utility Benchmarking - AWWA's Utility Benchmarking Program tracks recognized utility performance indicators developed and applied by water/wastewater industry professionals. The information provided in the program is used as a tool for improving operational efficiency and managerial effectiveness for utilities regardless of size or system-specific issues. AWWA annually conducts the benchmarking survey by collecting data from industry professionals from across the country. This measure demonstrates the district is spending money efficiently to achieve minimal to zero SSOs. Cost does not include overhead. Outcome is from district’s Annual Comprehensive Financial Report (ACFR). Removed Measures 1. Enhanced Maintenance Area (EMA) locations. The goal is to have thirty or less EMA locations. The District has consistently had 18 to 16 EMAs. Currently, the district has 16 EMA. Due to most of the EMA's having structural defects, it is more cost effective to keep these locations as EMAs that require higher frequency of cleaning. On January 14, 2019, staff gave a presentation to the Board regarding the district's EMA cleaning program. Staff identified 14 EMA's will remain permanent EMA because of their structural defects (e.g. pipeline sag). The goal of this measure is being attained and therefore staff believe it is unnecessary to continue measuring. 2. Results of Performance Audit for Exclusive Solid Waste Franchise Hauler - The goal is to achieve satisfactory outcome. CR&R has never received an unsatisfactory outcome and when CR&R does receive unsatisfactory ratings in specific parts of their service, the district gives the company an opportunity to correct their deficiencies, which they do. The district will continue to audit CR&R's performance and report out the results to the public and the Board; however, the results will not be part of the Performance Measurement Program. 3. Transparency Score for Sunshine Review Ten Point Transparency Checklist - The district can go as high as it can with a score of 9 out 10 points. Because the transparency checklist has not changed and the Sunshine Review is a dissolved non-profit organization, staff decided to remove this measure. However, the district will continue practicing local government transparency. 4. Increase Transparency Efforts through Website by Implementing a Percentage of Recommendation form the Institute for Local Government (ILG) - ILG has developed a list of 53 recommended website transparency opportunities designed to help agencies enhance their transparency efforts. Of those 53, 51 are applicable to the district. The District has implemented 48 out of the 51 applicable suggestions from ILG Website Transparency Opportunities Checklist. The two recommendations that don’t apply to the district are: Land use permitting (page 4) Building permits (page 5) Because the district is achieving everything it can to promote transparency on its website in accordance with ILG recommendations, this measure was removed. The district will continue practicing website transparency. 5. Number of Attendees at CMSD State of the District Event - This measure was removed as the district has not had such an event since 2019. If the District has another State of the District event, staff will monitor and keep track of attendance, but will no longer measure the outcome. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#42/57 Legal Review Not applicable Environmental Review A Performance Measurement Program is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There are no financial impacts to the District for implementing a Performance Measurement Program Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 24, 2023 regular 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. File Attachments 2023 1st Qtr (Jan-Mar).pdf (792 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#43/57 F. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: April 24, 2023 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- March to mid-April. The District Engineer's memorandum and Monthly Report and CIP CIP Budget Report is attached. Recommendation The Board of Directors receive and file the Engineer's 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 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 27, 2023, 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 2023-04 Board Mtg - Financial Section for CIP Updates.pdf (23 KB) Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action, Discussion, Receive and File Preferred Date Apr 24, 2023 Fiscal Impact No Budgeted Yes Budget Source Current Operating Budget Recommended Action The Board of Directors Receive and File the District Engineer's Report and Capital Improvement Projects Status 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#44/57 2023 04 Monthly Engineers Report CMSD Memorandum.pdf (229 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#45/57 F. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: April 24, 2023 Subject: Ratify the District Emergency Declaration for the CIP #335 Phase 2 Paularino Sewer Siphon Pipeline Failure and Approve an Asset Management Fund Transfer to the CIP #335 Phase 2 Sewer Siphon Rehab Project Summary The CIP #335 Phase 2 Sewer Siphon Lining project generally consists of rejuvenating two (2) inverted siphon facilities (siphons) and lining them with a cured-in-place pipe (CIPP). Insituform Technologies LLC. (Insituform) was awarded a construction contract in the amount of $196,762 to rejuvenate the two (2) siphons: the AutoPlex siphon and the Paularino Avenue siphon. The contract work includes cleaning the siphons, repairing and/or grouting holes, and installing the liners. The project work is being conducted because a 2020 evaluation indicated that all but two siphons required immediate rehabilitation and/or lining work. Insituform started construction work during the week of April 10 and determined that the two siphons could not be lined at this time. The District is developing plans to address and/or postpone the AutoPlex siphon work, located at the Delphi Channel near Bristol Street. Unfortunately, the Paularino Avenue siphon has completely failed and requires immediate work to prevent a pipe collapse, stoppage, and/or sanitary sewer overflow. Subject 2. Ratify the District Emergency Declaration for the P335 Phase 2 Paularino Sewer Siphon Pipeline Failure and Approve an Asset Management Fund Transfer to the P335 Phase 2 Sewer Siphon Rehab Project Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action, Discussion, Presentation Preferred Date Apr 24, 2023 Absolute Date Apr 24, 2023 Fiscal Impact Yes Dollar Amount $375,000.00 Budgeted No Budget Source Asset Management Fund Transfer to the Wastewater Fund Recommended Action That the Board of Directors approve the following: 1. Ratify the District Emergency Declaration for the CIP #335 Phase 2 - Paularino Sewer Siphon Failure; 2. Consider approving the transfer of $375,000 from the Asset Management Fund to the Wastewater fund and appropriate $375,000 to the CIP #335, Sewer Siphon Project budget. 3. Authorize District staff to: a. Negotiate and approve a time-and-materials contract with GCI Construction Inc. to provide emergency construction services, including dewatering activities and related services; b. Negotiate a P335 Sewer Siphon Rehab Phase 2 change order with Insituform Technologies LLC. for the initial emergency activities and pipeline damage assessment activities; and c. Bring the GCI Construction Inc. contract and Insituform Technologies LLC. change order to the May 2023 Board of Directors meeting for ratification. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#46/57 As a result of the unexpected Paularino Avenue siphon failure and that this siphon is a single pipe, the District declared an emergency to make the required repairs. While the District cannot determine the total extent of the pipe failure at this time, a portion of the pipe was determined to have many holes with sand and gravel entering the pipe. In addition, the contractor cannot line the Paularino Avenue siphon because the infiltration volume is extensive and the water removal pumps cannot remove the water. To make repairs, the District must dewater the perch water (groundwater) that surrounds the District pipeline. GCI Construction Inc. (GCI) is available to assist with the emergency operation activities, has experience with groundwater dewatering projects, and was requested to mobilize materials, equipment, labor, and supplies for the emergency work. In order to mobilize quickly and increase the opportunity for success, GCI has subcontracted the installation of the groundwater dewatering wells to Griffin Dewatering LLC. (Griffin) to install four (4) dewatering wells: two (2) on each side of the County storm drain channel. The GCI work will generally consist of installing the dewatering wells and associated discharge piping, installing and maintaining traffic control, and assisting with any heavy equipment operations. It is estimated that the GCI work will require $230,000. The Insituform change order may consist of a small credit for work not performed at the Autoplex siphon and an extra for the initial emergency operations at the Paularino Avenue siphon, including three days of traffic control, pipeline assessment activities, and emergency bypass pumping until the sand and gravel could be removed from the siphon. It is estimated that the CIP #335 Phase 2 Sewer Siphon Rehab contract will require an additional $145,400. The current estimate to conduct the emergency estimate is $375,000. Recommendation That the Board of Directors approve the following: 1. Ratify the District Emergency Declaration for the CIP #335 Phase 2 Paularino Sewer Siphon Rehab Failure; 2. Approve the transfer of $375,000 from the Asset Management Fund to the Wastewater fund and appropriate $375,000 to the CIP #335, Sewer Siphon Project budget. 3. Authorize District staff to: a. Negotiate and approve a time-and-materials contract with GCI Construction Inc. to provide emergency construction services, including dewatering activities and related services; b. Negotiate a CIP #335 Sewer Siphon Rehab Phase 2 change order with Insituform Technologies LLC. for the initial emergency activities and pipeline damage assessment activities; and c. Bring the GCI Construction Inc. contract and Insituform Technologies LLC. change order to the May 2023 Board of Directors meeting for consideration and ratification. Analysis The CIP #335 Phase 2 Sewer Siphon Rebab construction, including bypass pumping and lining work, was to take place over three (3) 24-hour periods; 48-hours for the AutoPlax Siphon and 24-hours for the Paularino siphon. Insituform has worked about 12 to 15 hours on the AutoPlex siphon and about 20 hours on the Paularino Avenue siphon, not including the emergency bypass pumping operation. The sewer liners for the three pipelines have been activated with resin and will be usable for only three weeks. After three weeks of refrigeration to slow the curing process, the liner material cannot be used and the District will need to pay Insituform for the liner, regardless if they were used. The current plan for the Paularino Avenue siphon is to pay Insituform time and materials for the work to date. The Paularino Avenue rehab work will be conducted once the dewatering wells have been placed into service. RBH and District staff are considering the best approach to proceed with the AutoPlex siphon work. It appears that there may be a third pipeline installed across the Delhi Channel. RBH is assessing if the third pipeline was constructed. If so, the District Engineer is considering lining the third ductile iron pipe, using the existing siphon pipes as a high flow and emergency overflow, then develop a new rehab project for the old AutoPlex pipes in the future. The actual emergency work cost could be higher or lower than the estimate provided by District staff. The current estimate is based on successful dewatering of the Pualarino siphon groundwater and a third pipeline existing at the AutoPlex siphon. Staff will bring updated emergency work costs and contracts to the May Board of Director meeting for consideration, ratification. and information. Legal Review District counsel will review the contracts and approved to form. 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 available CIP #335 Project construction funds, with encumbrance, is $253,833, as of November 30, 2022. This total Phase 2 budget amount includes, the Phase 2 construction contract amount of $196,762 and a $19,676 Phase 2 construction contingency; a total construction cost of $216,438. Funds are also encumbered in the $253,833 for RBH & Associates. The District will need additional inspection and 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#47/57 construction administration by RBH for the emergency work. There is not adequate funding/budget available for the required emergency work that is estimated at $375,000. It is anticipated that the total project budget, including emergency work, must be $253,833 for the original project plus $375,000 for the emergency work, for a total project requirement of $628,833. Staff is proposing the Board of Directors consider approving the transfer of $375,000 from the Asset Management Fund to the Wastewater fund and appropriate $375.000 to CIP #335, Sewer Siphon Rehabilitation Phase 2 project. Account Account Number Increase Decrease Asset Management Fund 50-500000-4995 $375,000 Wastewater Fund 20-000000-3995 $375,000 Fund Balance 20-000000-2990 $375,000 CIP #335, Sewer Siphon Project 20-201335-4300 375,000 However, the Board has specified a minimum level of Funds in the Asset Management Fund of $5 million. The Asset Management Fund currently has a balance of $4,405,075. The Asset Management Fund dropped below the minimum level when the Board of Directors approved the staff recommended transfer to fund the P341 Elden Forcemain Redundancy project. If the Board approves this additional transfer, the Asset Management Fund Reserve will fall further below the $5 million limit, to $4.030,075. Staff plans to transfer wastewater fund used for the P342 Elden Forcemain Redundancy project over the next two fiscal years to repay the Asset Management funds. It may take an extra year or two to return/repay the P335 Sewer Siphon Rehab Phase 2 requested transfer. The current $375,000 estimate for the emergency work consists of $230,000 for CGI (Groundwater Dewatering wells, new/additional traffic control, and heavy equipment services) and $145,000 for Insituform (Additional mobilization/demobilization, emergency bypass pumping, emergency traffic control services, additional bypass pump rental and pump operational labor, and additional costs for cleaning, recleaning, and condition assessment of the siphon pipes). Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 24, 2023 Board of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer the matter back to District staff for consideration of project alternatives and return to a future Board meeting. Emergency/extra work authorized by the District must be paid, however. Delaying the emergency work will cause additional exfiltration (sewage leaving the pipe and soaking into the ground), create additional traffic control, and project overhead, among other item costs. 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#48/57 G. TREASURER'S REPORTS To: Board of Directors From: Marc Davis, District Treasurer Date: April 24, 2023 Subject: Approve the Investment Report for the Month of March 2023 Summary Attached is the Investment Report for the month of March 2023. 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 March 2023. 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 March 31, 2023. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 27, 2022 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 March 31, 2023, was 1.826%. The yield to maturity of the portfolio was 1.825%. The District’s weighted average interest rate was 101 basis points (1.005%) below the LAIF average monthly rate for November of 2.831%. The weighted average number of days to maturity for the District’s total portfolio was 733 days (2.01 years). The duration of the underlying securities in LAIF as of March 31, 2023 was 275 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 March 31, 2023 was 33.79%. 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. 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: Subject 1. Approve the Investment Report for the Month of March 2023 Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors approve the Investment Report for the month of March 2023. Goals 8.0 Finance 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#49/57 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 0.864% for the year ending June 30, 2023. Through MArch 31, 2023, the portfolio has earned a weighted average interest rate of 1.371%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 24, 2023 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 - March 2023.pdf (431 KB) 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#50/57 I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 1. Orange County Sanitation District (OCSD) - (Vice Secretary Ooten) Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#51/57 I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Secretary Perry) Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#52/57 I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 3. Independent Special Districts of Orange County (ISDOC) - (Vice President Schafer) Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#53/57 I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 4. California Special Districts Association (CSDA) - (Vice President Schafer) Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#54/57 I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#55/57 I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type 4/20/23, 4:05 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#56/57 L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Discussion 4/20/23, 4:05 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, May 22, 2023 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 1. Adjourn Meeting Apr 24, 2023 - Board of Directors Regular Meeting Access Public Type Procedural