Loading...
2015_02_26_board Regular Meeting - Thursday, February 26, 2015 Costa Mesa Sanitary District ... an Independent Special District AGENDA Michael Scheafer President Arthur Perry Vice President Robert Ooten Secretary Arlene Schafer Assistant Secretary James Ferryman Director Public Comments. Any member of the public may address the Board. Sp eakers on agenda items should identify themselves to the Depu ty Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuan t to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. S peakers must limit their remarks to three minutes or as dec ided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order . 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 distr ibuted to all or a majority of the Board after the packet is prepared, a copy o f that writing may be obtained at the District offices at 628 W. 19 th Street, Costa Mesa, California. The Deputy Clerk of the District may b e contacted at (949) 645-8400. In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.1 04 ADA Title II). I.CALL TO ORDER II.PLEDGE OF ALLEGIANCE III.INVOCATION IV.ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence - such determinatio n shall be the permission required by law.) V.Ceremonial Matters and Presentations VI.Announcement of Late Communications NOTE: Unless directed otherwise by the Board of Di rectors, all actions shall be based on/memorialized by the latest document submit ted as a late communication. VII.PUBLIC COMMENTS This time has been set aside for persons in the aud ience 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 Dir ectors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. VIII.CONSENT CALENDAR All matters listed on the consent calendar are cons idered to be routine and may be acted upon by one motion after public comment has b een 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 ca lendar as a whole. 1.Board of Directors Study Session Meeting Minutes of January 13, 2015 Recommendation: That the Board of Directors approv e and file. 2.Board of Directors Regular Meeting Minutes of Jan uary 22, 2015 Recommendation: That the Board of Directors approv e and file. 3.Occupancy Report and Payment to CR&R Environmenta l Services Recommendation: That the Board of Directors: 1. Accepts the occupancy count as presented usi ng 21,788 as the correct number of active units; and 2. Direct staff to prepare a warrant to CR&R En vironmental Services in the amount of $194,030.86 to be ratified in the Februar y 2015 warrant list, for January 2015 collection. 4.Contract Payment to CR&R Environmental Services for Recycling & Disposal Services Recommendation: That the Board of Directors approv es payment to CR&R Environmental Services for recycling and disposal s ervices for the month of January 2015. 5.Adoption of Warrant Resolution No.CMSD 2015-08 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2015-08 approving District warrants for the Month of Jan uary 2015 in the amount of $825,812.29. 6.Directors' Compensation and Reimbursement of Expe nses Recommendation: That the Board of Directors approve s Directors ’ compensation and reimbursement of expenses for the month of January 2015. 7.Sewer Lateral Assistance Program (SLAP) Update Recommendation: That the Board of Directors receiv e and file the report. 8.Investment Report Recommendation: That the Board of Directors approv es the Investment Report for the month January 2015. 9.Annual Health Benefit Broker Fees and Commission Disclosure Recommendation: That the Board of Directors receiv e and file the report. 10.Resolution No. 2015-858 Authorizing the Disposit ion of District Assets Recommendation: That the Board of Directors approv es Resolution No. 2015-858. ------------------------------- END OF CONSENT CALE NDAR-------------------------------IX.PUBLIC HEARINGS X.GENERAL MANAGER 11.Refund to Mr. Scott Elliott-Brand at 250 Magnoli a Street Recommendation: That the Board of Directors approv e a refund in the amount of $461.97. 12.Approving the Sales of Composting Bins at a Disc ount Recommendation: That the Board of Directors contin ue promoting the Composting Bin Program by offering said bins at a d iscounted price of $30.00 per bin. 13.City of Costa Mesa Invoice for Raised Manholes Recommendation: That the Board of Directors approv es paying the City of Costa Mesa $168,211 because the statute of limitati ons for breach of written contract is four years in accordance with Californi a Code of Civil Procedures Section 337 and to do otherwise might be considered a prohibited gift of public funds. 14.Recent Meeting with City of Costa Mesa Officials Re garding Hydraulic Leaks from Refuse Trucks Recommendation: That the Board of Directors receiv e and file the report. 15.Establish an Ad Hoc Committee for Review of Distric t Polices and Administrative Regulations Recommendation: That the Board of Directors considers appointing tw o Board members to serve on the Ad Hoc Committee. 16.151 Kalmus Drive Sanitary Sewer Overflow – Statu s Update (Oral Report) Recommendation: That the Board of Directors receive the oral report and provide direction if necessary. 17.General Manager Performance Evaluation Recommendation: That the Board of Directors: 1. Receive and file General Manager’s 2014 performance goals and District achievements; 2. Direct President Scheafer to negotiate an an nual salary adjustment for the General Manager. XI.ENGINEER'S REPORTS 18.Project Status Report Recommendation: That the Board of Directors receiv e and file the report. 19.Project #196-D – Emergency Generator at Irvine Pump Station: Award Contract to National Electrical Contractors Recommendation: That the Board of Directors: 1. Award a contract to the lowest responsive bi dder, National Electrica Contractors, Inc. of Van Nuys, California, in the a mount of $196,709.00 2. Approve a contingency of 10% in the amount o f $19,671. XII.TREASURER'S REPORTS 20.Request for Rate Adjustment – CBIZ MHM, LLC Recommendation: That the Board of Directors consid ers approving a rate adjustment with CBIZ MHM, LLC (CBIZ). XIII.ATTORNEY'S REPORTS 21.Ordinance No. 104 - Penalty and Interest for Unp aid Sum Recommendation: That the Board of Directors approv es Ordinance No. 104 a basic 10% on unpaid sums owed the District and adop ting a 1½% interest per month (18% per annum) interest rate on said sum. 22.Proposed Agreement and Rate Adjustment for Legal Services Recommendation: That the Board of Directors conside rs approving the Agreement with Harper & Burns LLP along with the ra te adjustment for legal services. XIV.LOCAL MEETINGS In accordance with AB 1234 (Gov. Code 53232.3), a r eport is required to be given by a Director for any meeting for which expense reimbu rsement of any kind is provided. Note: For meetings for which the per die m 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 t he Board (not to exceed six days in one month), and certain meetings are specified as b eing eligible as set forth in District Operations Code 3.01.030. For meetings no t so listed, the Board must approve the service for it to be eligible for the p er day compensation.) XV.OLD BUSINESS XVI.NEW BUSINESS 23.ADJOURN TO CLOSED SESSION Public Employee Performance Evaluation (Gov. Code §54957) - Title: General Manager Conference with Labor Negotiator (Gov. Code §54957.6) Agency Negotiator: President Scheafer Unrepresented Employee: General Manager XVII.ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVIII.ADJOURNMENT Costa Mesa Sanitary District ... an Independent Special District Board of Directors Study Session Meeting Minutes of January 13, 2015 Recommendation/Notes: Recommendation: That the Board of Directors approv e and file. Item Number:1. ATTACHMENTS:Description Type Minutes - Study Session 2015-01-13 Cover Memo C OSTA M ESA S ANITARY D ISTRICT M INUTES OF B OARD OF D IRECTORS S TUDY S ESSION J ANUARY 13, 2015 ______________________________________________________________________ C ALL TO O RDER The Board of Directors of the Costa Mesa Sanitary District met in study session on January 13, 2015 at 9:30 A.M. at 628 W. 19 th Street, Costa Mesa. R OLL C ALL D IRECTORS P RESENT : D IRECTORS A BSENT : Michael Scheafer, Arthur Perry, Robert Ooten, James Ferryman Arlene Schafer S TAFF P RESENT : Scott Carroll, General Manager; Alan Burns, District Counsel; Robin Hamers, District Engineer; Wendy Davis, Finance Manager; Denise Martinez, Interim Human Resources Manager; Noelani Middenway, District Clerk; Javier Ochiqui, Management Assistant; Ed Roberts, Ordinance Enforcement Officer O THERS P RESENT : Dean Ruffridge, CR&R; Steve Feistel, Copper Tree Business Park P UBLIC C OMMENT President Scheafer invited members of the public to address the Board. Seeing none, President Scheafer closed public comments. I TEMS OF S TUDY President Scheafer moved Item 6 to the beginning of the agenda for discussion. 6. 151 Kalmus Drive Sanitary Sewer Overflows Recommendation: That the Board of Directors have preliminary discussion for taking action against the property owner at 151 Ka lmus Drive by sending a Notice of Intention to disconnect for sewer violat ions. C OSTA M ESA S ANITARY D ISTRICT P AGE 2 M INUTES OF THE B OARD OF D IRECTORS S TUDY S ESSION H ELD J ANUARY 13, 2015 ______________________________________________________________________ Scott Carroll, General Manager, indicated that the Business Center at 151 Kalmus Drive has experienced four sewer system overflows (SSO’s) since July 2013 which was allegedly caused by the malfunctioning of the prope rty’s private pump station. Mr. Carroll noted that CMSD staff reported to each of t he SSO’s to ensure no waste water entered the storm drain. He also indicated that CMS D has made recommendations to the property manager and had invoiced the property manager in the amount of $3,635 for CMSD’s services rendered in responding to the S SO’s, for which the District has not received payment. Mr. Carroll expressed concern tha t the pump station is being neglected and suggested that the Board consider add ressing the issue by sending a notice of intent to disconnect sewer services for t he building. Mr. Carroll deferred to District Counsel to discuss his correspondence with the property manager. Alan Burns, District Counsel, confirmed that there were four separate sewer spills and noted that the responders to the spill have indicat ed that the pump station is in imminent danger of spilling again. Mr. Burns confirmed that invoices from the District have been presented to the property manager, Steve Feistel, w ho had indicated that he is still in discussion with the Board of Directors of the Assoc iation regarding the matter. Mr. Burns noted that if the property was noticed for di sconnection that there would be a number of businesses that would be affected as they are connected to the sewer system. He discussed the noticing process of the te nants and formal disconnection of the property and imposing the fine assessment on th e county tax roll. Discussion followed regarding the notification of t he Orange County Health Department of the SSO’s. District Counsel Burns confirmed that the Associati on and property manager were provided with a copy of the agenda report via overn ight mail and email. Steve Feistel, Accell Property Management, who is t he property manager of Copper Tree Business Park at 151 Kalmus Drive, and noted t hat the pump station has been in operation for 40 years. Mr. Feistel discussed the i nvoices received from the District and further discussed the features of the pump station, noting that it is not remotely monitored and does not have a remote alarm feature in case of failure. Mr. Feistel indicated that they have relied on the tenants hear ing the alarm and calling it in. He indicated that the Association’s Board of Directors will meet on January 27, 2015 to address the issue and that the Board has also appro ved a contract with Jimni to replace both pumps. Mr. Feistel indicated that when the pum p failure goes on until someone contacts him. He has requested that Jimni provide a proposal to be able to remotely monitor the pump stations. Discussion followed regarding who the responsible p arty is to notify and be notified in case of a spill. C OSTA M ESA S ANITARY D ISTRICT P AGE 3 M INUTES OF THE B OARD OF D IRECTORS S TUDY S ESSION H ELD J ANUARY 13, 2015 ______________________________________________________________________ Robin Hamers, District Engineer, informed Mr. Feist el that everything that involves the property’s private pump station is his responsibili ty. Mr. Hamers noted that every pump station has the ability to provide notification in the event of failure and recommended that Jimni be notified by phone call to address the failure when it occurs. President Scheafer recommended that there be a 24 h our monitoring of the system. Mr. Feistel requested a letter from the District st ating that recommendation to convince his Board to move forward with the monitoring syste m. Mr. Hamers provided suggestions of an action plan f or Mr. Feistel to address including having Jimni install an automatic notification to t hem when the alarm goes off, to pay the District’s invoices in full, and ask Jimni for an a ssessment of the pump stations and make the necessary repairs. Mr. Feistel requested to go on record noting that h e had not previously received recommendations from the District, indicated that t he pump stations are on a quarterly preventative maintenance with Jimni, and requested to know where their system is specifically falling short. Mr. Carroll offered to send a letter of recommendat ions and suggestions to Mr. Feistel. Mr. Burns stated that the suggestions from Mr. Hame rs is helpful and that the incentive for Copper Tree Business Park’s Board of Directors is that this matter is heading for a disconnect hearing, which will be continued for ano ther month to allow time for a solution to be worked out. Discussion followed. President Scheafer noted that the District’s reques t is for Copper Tree to reimburse the public’s money for what it cost to clean up their p rivate SSO’s and inform the Association’s Board that the property is in conside ration of being disconnected from the District’s sewer system. District Counsel Burns suggested that since the fac ility was in imminent danger of overflow, that if the Board were to continue the di sconnection hearing into February that the Board would want all charges paid, a plan for t he reconstruction or replacement of the sewer pumps and an adequate remote alarm system . District Counsel Burns indicated that if staff were to receive assurances that all recommendations have been implemented in early Febr uary, that staff has the authority not to set for rehearing or if the recommendations have not been implemented then staff could set for a status update or disconnect hearing . C OSTA M ESA S ANITARY D ISTRICT P AGE 4 M INUTES OF THE B OARD OF D IRECTORS S TUDY S ESSION H ELD J ANUARY 13, 2015 ______________________________________________________________________ Vice President Perry requested a status update at t he February 26, 2015 Board meeting. President Scheafer requested staff to provide Mr. F eistel a written summary of the discussions regarding this item prior to his board meeting. General Manager Carroll offered to attend Mr. Feist el’s board meeting and address the Board. The Board of Directors supported Mr. Carroll attend ing Mr. Feistel’s board meeting on January 27, 2015 at 2:30 P.M. District Engineer Hamers offered to provide samples of signage for posting to assist in preventing ragging of the pump stations. Mr. Feistel indicated that he will contact the Dist rict with the Board’s decision. District Counsel Burns indicated that the District’s Board would like to receive a copy of the contracts and proposals for the work that is to be done. Mr. Feistel agreed to provide the copies. The Board of Directors directed staff to provide a status report update at the February 26, 2015 Board meeting. Vice President Perry suggested that all private pum p stations have a monitoring and alarm system. District Counsel Burns indicated that it would not be out of the Board’s authority to enact an Ordinance that mandates all private pump station s to have a monitoring and alarm system. Discussion followed regarding the District’s invoic ing of Copper Tree for its services rendered in cleaning up the private SSO’s. 1. Recycling & Waste Diversion Reports – December 2 014 Recommendation: That the Board of Directors receiv e and file the report. There were no questions or comments and the report was received. 2. Ordinance Enforcement Officer Report – December 2014 Recommendation: That the Board of Directors receive and file the report. Ed Roberts, Ordinance Enforcement Officer, provided report details and noted a decrease in scavenging activity. Mr. Roberts reques ted direction from the Board on citing individuals that live within an associati on. C OSTA M ESA S ANITARY D ISTRICT P AGE 5 M INUTES OF THE B OARD OF D IRECTORS S TUDY S ESSION H ELD J ANUARY 13, 2015 ______________________________________________________________________ President Scheafer indicated that the individual sh ould be cited, not the association. There were no further questions or comments and the report was received. 3. Alkaline Battery Recycling Program - Oral Report Recommendation: That the Board of Directors receiv e the oral report. Javier Ochiqui, Management Analyst, provided an upd ate and noted that 11 schools are participating in the program and no add itional funds are currently required to fund the program. Secretary Ooten requested information on what the h igh performing schools are doing to share that information with the other schools. There were no further questions or comments and the report was received. 4. Organics Ad Hoc Committee Update – Oral Report Recommendation: That the Board of Directors receive an oral report from Secretary Ooten. Secretary Ooten reported on his attendance of the c ommittee meeting of January 8, provided an update of the organics behav ioral study, noted that pictures of CR&R’s anaerobic digestive system will be posted to the District’s website, discussed the billing occupancy report billing, and scheduling of town hall meetings for the roll out o f the organics program. Vice President Perry requested to see the logos tha t are going to be placed on the organics carts. 5. Indus Mainline Sanitary Sewer Overflow on Januar y 1, 2015 – Oral Report Recommendation: That the Board of Directors receiv e the oral report. General Manager Carroll provided a presentation and discussed details of the sanitary sewer overflow (SSO) that occurred on January 1. Mr. Carroll noted that the cleaning of the Indus mainline is cu rrently scheduled every six months, but will now be cleaned on a quarterly basi s. He indicated that about 8,100 gallons had entered the storm drain dur ing the SSO. Discussion followed regarding the possibility of re lining the mainline and the manholes. Secretary Ooten suggested placing a smart cover on the site. C OSTA M ESA S ANITARY D ISTRICT P AGE 6 M INUTES OF THE B OARD OF D IRECTORS S TUDY S ESSION H ELD J ANUARY 13, 2015 ______________________________________________________________________ Discussion followed regarding mutual aid with the C ity of Newport Beach. 7. Orange Place Sanitary Sewer Overflow – January 8 , 2015 – Oral Report Recommendation: That the Board of Directors receiv e the oral report. General Manager Carroll provided a report on the SS O at Orange Place that was caused by roots and noted that District staff w as able to capture the 150 gallons that had spilled. President Scheafer noted that the Special District Risk Management Authority (SDRMA) confirmed that the District can s ubmit claims for the remediation work performed. 8. Solid Waste Association of North America (SWANA): The Road to Zero Waste Conference – March 16-19, 2015, New Orleans, Louisiana Recommendation: That the Board of Directors consid er sending a board member to the conference. The Board of Directors did not express interest in attending the SWANA conference. 9. Providing Sewer and Solid Waste Collection Servi ces to New Developments Recommendation: That the Board of Directors receiv e and file the report. General Manager Carroll introduced the item and de ferred to District Engineer Hamers and Management Analyst Ochiqui who provided details of how new development plans are reviewed for sewer and solid waste collection services. Mr. Hamers discussed how the District ensures that the developments density conforms to the District’s land use projec tions. District Counsel Burns noted that the District has a specific ordinance on intensity of development and provided details of t he ordinance. Mr. Ochiqui discussed the process of reviewing the trash pick-up accessibility of the new developments. Dean Ruffridge, CR&R, commented on using smaller h auler trucks to service the more dense developments and discussed the opportunity of re- routing the collection days of trash collection af ter street sweeping. C OSTA M ESA S ANITARY D ISTRICT P AGE 7 M INUTES OF THE B OARD OF D IRECTORS S TUDY S ESSION H ELD J ANUARY 13, 2015 ______________________________________________________________________ 10. Future Study Session Items Recommendation: That the Board of Directors provid e staff with direction on items to be placed on future study session agend as. Secretary Ooten requested a budget schedule an upda te on the District’s unfunded liability. He also noted a discussion with the Envi ronmentalist of the Orange County Sanitation District on pump station abandonment. Vice President Perry requested to have a discussion regarding medical insurance future costs and to schedule a tour of the CR&R anaerobic digestive facility in Perris in February. President Scheafer requested a report from Orange C oast College on the expansion. O RAL C OMMUNICATIONS President Scheafer requested information on the new law regarding sick time for part-time employees. Denise Martinez, Interim Human Resources Manager, i ndicated that the District is aware of the new law that provides paid sick leave to part-time employees who work 30 hours or more. A DJOURNMENT There being no further business to come before the Board, President Scheafer adjourned the meeting at 11:30 A.M. _________________________ _________________________ Robert Ooten Michael Scheafer Secretary President Costa Mesa Sanitary District ... an Independent Special District Board of Directors Regular Meeting Minutes of Janua ry 22, 2015 Recommendation/Notes: Recommendation: That the Board of Directors approv e and file. Item Number:2. ATTACHMENTS:Description Type Minutes - Regular Meeting 2015-01-22 Cover Memo C OSTA M ESA S ANITARY D ISTRICT M INUTES OF B OARD OF D IRECTORS R EGULAR M EETING J ANUARY 22, 2015 ______________________________________________________________________ C ALL TO O RDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 22, 2015 at 5:30P.M. at 628 W. 19 th Street, Costa Mesa. P LEDGE OF A LLEGIANCE I NVOCATION R OLL C ALL D IRECTORS P RESENT : D IRECTORS A BSENT : President Scheafer led the Pledge of Allegiance. Vice President Perry led the Invocation. Michael Scheafer, Robert Ooten, Arthur Perry, James Ferryman Arlene Schafer S TAFF P RESENT : Scott Carroll, General Manager; Alan Burns, District Counsel; Robin Hamers, District Engineer; Wendy Davis, Finance Manager; Marc Davis, District Treasurer, Javier Ochiqui, Management Analyst, Noelani Middenway, District Clerk O THERS P RESENT : Lawrence Jones, CR&R Alan Burns, District Counsel, noted that Assistant Secretary Schafer was excused from this meeting as she was on official District busine ss in Sacramento. C EREMONIAL M ATTERS AND P RESENTATIONS – None A NNOUNCEMENT OF L ATE C OMMUNICATIONS – Scott Carroll, General Manager, noted receipt of written public comments from Mr. Jim Mos her and indicated that both Mr. Mosher’s remarks and Mr. Carroll’s response has bee n distributed to the Board for their review. C OSTA M ESA S ANITARY D ISTRICT P AGE 2 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ANUARY 22, 2015 ______________________________________________________________________ P UBLIC C OMMENTS – President Scheafer invited members of the public to address the Board. Seeing no one, President Scheafer closed pub lic comments. C ONSENT C ALENDAR 1. Board of Directors Study Session Meeting Minutes of December 8, 2014 2. Board of Directors Regular Meeting Minutes of December 18, 2014. 3. Occupancy report and payment to CR&R Environmental Services 4. Contract Payment to CR&R Environmental Services for Recycling and Disposal Services 5. Adoption of a Warrant Resolution No. CMSD 2015-07 Approving District Warrant Registers 6. Directors’ Compensation and Reimbursement of Expenses 7. Sewer Lateral Assistance Program (SLAP) Update 8. Adoption of Resolution No. 2015-856 9. Adoption of Resolution No. 2015-857 The Board of Directors Study Session Meeting Minutes of December 8, 2014 was approved as presented. The Board of Directors Regular Meeting Minutes of December 18, 2014, was approved as presented. The occupancy report and payment to CR&R Environmental Services for the month of December 2014 in the amount of $193,763.69 was approved as presented. The Board of Directors approved payment to CR&R Environmental Services for recycling and disposal services for the month of December 2014. The Board of Directors approved adoption of Warrant Resolution No. CMSD 2015-07 Approving District Warrant Registers for the month of December 2014 in the amount of $850,654.45. The Board of Directors approved the Director’s Compensation and Reimbursement of Expenses for the month of December as presented. The Board of Directors approved the SLAP report as presented. The Board of Directors adopted Resolution No. 2015-856 as presented. The Board of Directors adopted Resolution No. 2015-857 as presented. C OSTA M ESA S ANITARY D ISTRICT P AGE 3 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ANUARY 22, 2015 ______________________________________________________________________ E ND OF C ONSENT C ALENDAR Secretary Ooten made a motion to approve the consen t calendar as presented. Vice President Perry seconded the motion, which carried unanimously. P UBLIC H EARINGS - None G ENERAL M ANAGER ’S R EPORTS 10. Financial Statements for Fiscal Year Ended June 30, 2014 Recommendation: That the Board of Directors receive and file the Comprehensive Annual Financial Report, auditors’ re port in accordance with Government Auditing Standards , and the auditors’ required communication for the fiscal year ended June 30, 2014. Wendy Davis, Finance Manager, provided details of t he District’s Financial Statements and a letter from the auditor to the Boa rd. She noted that the audit was completed with no management comments. Discussion followed regarding projections of flow b ased on data received from the Orange County Sanitation District. Secretary Ooten made a motion to receive and file t he report. Vice President Perry seconded the motion, which carried unanimously. 11. Strategic Plan Progress Report Recommendation: That the Board of Directors receiv e and file the FY 2014- 15 2 nd Quarter Report regarding the FY 2010-15 Strategic Plan. General Manager Carroll provided details of the qua rterly strategic plan update report and noted that the District is making progre ss in meeting the goals set by the Board. President Scheafer suggested removing the citizens academy from the future strategic plan. Vice President Perry suggested a specific time set aside to review of the District’s investment reports. Marc Davis, District Treasurer, noted that the inve stment reports are discussed on a quarterly basis at the Board’s regular meeting. Vice President Perry requested to have a more in de pth conversation regarding the District’s investments at a future study session. H e also suggested incorporating the C OSTA M ESA S ANITARY D ISTRICT P AGE 4 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ANUARY 22, 2015 ______________________________________________________________________ requirement of having a monitored alarm system on p rivate pump stations. There were no additional questions or comments and the report was received. 12. Schedule Special Meeting for Developing FY 2015 -20 Strategic Plan Recommendation: That the Board of Directors schedu le a special meeting. The Board of Directors set a special meeting for T uesday, February 24, 2015 at 8:00 A.M. to develop the FY 2015-20 Strategic Plan. 13. Mid-Year Budget Update Recommendation: That the Board of Directors receiv e and file the report. Ms. Davis provided details of the mid-year budget u pdate and noted that both the sewer and solid waste fund are under budget, with m ost accounts projected to be on target. There were no additional questions or comments and the report was received. E NGINEER ’S R EPORTS 14. Project Status Report Recommendation: That the Board of Directors rec eive and file the report. Robin Hamers, District Engineer, noted that a repo rt on the financials of Project #206 for grade four repairs and funding for Project #101 for the pumping station abandonment will be discussed at the February study session. T REASURER ’S R EPORTS 15. Investment Report Recommendation: That the Board of Directors approv es the Investment Report for the month December 2014. Marc Davis, District Treasurer, provided details of the District’s investment report. Vice President Perry made a motion to approve the i nvestment report as presented. Secretary Ooten seconded the motion, which carried unanimously. A TTORNEY ’S R EPORTS - None C OSTA M ESA S ANITARY D ISTRICT P AGE 5 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ANUARY 22, 2015 ______________________________________________________________________ L OCAL M EETINGS A. Orange County Sanitation District (OCSD) – (Directo r Ferryman) Recommendation: That the Board of Directors accep ts oral report. Director Ferryman reported that the OCSD Board meet ing for the month had not yet occurred and that he and Secretary Ooten had attend ed the Board orientation. B. Santa Ana River Flood Protection Agency (SARFPA) – (Vice President Perry) Recommendation: That the Board of Directors accept s oral report. Vice President Perry reported on his attendance of the SARFPA meeting and discussed the budget update from the Army Corps of Engineers. C. Independent Special Districts of Orange County (ISDOC) – (President Scheafer) Recommendation: That the Board of Directors accep ts oral report. President Scheafer reported on the upcoming quarter ly Executive Committee meeting and discussed the applications received for the position of ISDOC Third Vice President. He also commented on the LAFCO Coll aborative Services Summit on February 26, 2015. D. California Special Districts Association (CSDA) - (President Scheafer) Recommendation: That the Board of Directors accept s oral report. President Scheafer reported on his attendance of th e CSDA membership committee meeting in Sacramento. E. Special District Risk Management Authority (SDRM A) – (President Scheafer) Recommendation: That the Board of Directors accept s oral report. President Scheafer reported on the upcoming SDRMA B oard meeting, discussed the budget review that may affect rates and possibl e workers compensation rates adjustments. F. Other Meetings Qualifying for Reimbursement unde r CMSD Ordinance No. 55, Operations Code Section 3.01.030 Recommendation: That the Board of Directors accept s oral report. Secretary Ooten reported on his and Vice President Perry’s attendance of the WACO meeting and discussed a report on the Salton Sea. C OSTA M ESA S ANITARY D ISTRICT P AGE 6 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ANUARY 22, 2015 ______________________________________________________________________ Vice President Perry reported on his and Director F erryman’s attendance of the Chamber Breakfast. O LD B USINESS – None N EW B USINESS - None O RAL C OMMUNICATIONS AND D IRECTOR C OMMENTS Vice President Perry reported that the District has been assessed by the City of Costa Mesa for the upgrade of manholes. General Manager Carroll provided details of the ass essment dated back to 2006 for over $280,000. He noted that District Engineer Hame rs confirmed the number of manholes that were raised and was able to reduce th e assessment to $250,000. Discussion followed regarding a statute of limitati ons and the cost savings of the project. District Counsel Burns suggested having a discussio n regarding this item at a future meeting. President Scheafer requested that the Board of Dire ctors provide questions, goals and comments for the General Manager’s performance eval uation to be submitted to him at the February 10 study session meeting. President Scheafer requested support from his fello w Board members in support of Bill Nelson’s reappointment. He also noted that General Manager Carroll will meet with the Mayor and City staff regarding hydraulic fluid lead s from refuse trucks. A DJOURN T O C LOSED S ESSION TO DISCUSS LITIGATION WITH LEGAL COUNSEL PUR SUANT TO G OVERNMENT C ODE S ECTION 54956.9: (a) In regards to existing/anticipated litigation entitled Costa Mesa Sanitary District – Santa Ana Regional Water Quality Control Board Comp laint No. R8-2014-0017. (b) Anticipated litigation – significant exposure to litigation pursuant to Government Code 5456.9(d)(2),(e)(1) [Number of potential cases : 1] President Scheafer adjourned to closed session at 6 :25 P.M. President Scheafer reconvened to open session at 7:07 P.M. and reported out that the General Manager has received direction from the Boa rd on how to proceed. C OSTA M ESA S ANITARY D ISTRICT P AGE 7 M INUTES OF THE B OARD OF D IRECTORS R EGULAR M EETING H ELD J ANUARY 22, 2015 ______________________________________________________________________ A DJOURNMENT There being no further business to come before the Board, President Scheafer adjourned the meeting at 7:08 P.M. _________________________ _________________________ Robert Ooten Michael Scheafer Secretary President Costa Mesa Sanitary District ... an Independent Special District Occupancy Report and Payment to CR&R Environmental Services Recommendation/Notes: Recommendation: That the Board of Directors: 1. Accepts the occupancy count as presented usi ng 21,788 as the correct number of active units; and 2. Direct staff to prepare a warrant to CR&R En vironmental Services in the amount of $194,030.86 to be ratified in the February 2015 war rant list, for January 2015 collection. Item Number:3. ATTACHMENTS:Description Type Occupancy Report - January 2015 Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum T o: Board of Directors Via : Scott Carroll , General Manager From: Javier Ochiqui, Management Analyst Date: February 26 , 2015 Subject: OC CUPANCY REPORT AND PAYMENT TO C R&R ENVIRONMENTAL SERVICES Summary The to tal occupancy count for January 2015 billing is 21,78 8 , with thirty account s added since the last billing period. Staff Recommendation Staff recommends the following: 1. Th e Board of Directors accepts the occupancy count as presented using 21,78 8 as the correct number of active units. 2. The Board of Directors directs staff to prepare a warrant to CR&R Environmental Services for January 2015 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement. Said p aym ent in the amount of $194,030.86 to be ratified in the February 2015 warrant list. Calculati on ba sed on current rate: 21,78 8 X $8 .9054 = $194,030.86 Costa Mesa Sanitary District Occupancy Report January 2015 Total Accounts 21,788 35 gallon carts 625 60 gallon carts 28953 90 gallon carts 14842 Total Carts 44,420 Cart Delivery Information/Sta Service Address Date Delivered 349 ANDERSON LN 1/6/2015 60 GAL BARREL DELIVERY 1530 WHILSHIRE WAY 1/7/2015 60 GAL BARREL DELIVERY 133 TRIBECA WAY 1/7/2015 60 GAL BARREL DELIVERY 353 ANDERSON LN 1/9/2015 35 GAL BARREL DELIVERY 309 ANDERSON LN 1/12/2015 60 GAL BARREL DELIVERY 305 ANDERSON LN 1/13/2015 60 GAL BARREL DELIVERY 797 CENTER ST 1/13/2015 60 GAL BARREL DELIVERY 313 ANDERSON LN 1/14/2015 60 GAL BARREL DELIVERY 2166 HARMONY WAY 1/14/2015 60 GAL BARREL DELIVERY 345 ANDERSON LN 1/14/2015 60 GAL BARREL DELIVERY 341 ANDERSON LN 1/16/2015 60 GAL BARREL DELIVERY 135 TRIBECA WAY 1/23/2015 60 GAL BARREL DELIVERY Telephone # Data Base / Account Update Account Name Service Address Date Adjusted Account 2368 ORANGE AVE 1/26/2015 New Resident / Kept old tenants carts 1788 ORIOLE DR Jan 2015 Adjusted Account / Change start date to current 1804 IOWA Jan 2015 Adjusted Account / Change start date to current 3106 FERNHEATH LN Jan 2015 Adjusted Account / Change start date to current 1501 PEGASUS ST Jan 2015 Adjusted Account / Change start date to current 686 JOANN ST Jan 2015 Adjusted Account / Change start date to current 2245 RALEIGH AVE Jan 2015 Adjusted Account / Change start date to current 801 PRESIDIO DR Jan 2015 Adjusted Account / Change start date to current 1751 MONROVIA AVE Jan 2015 Adjusted Account / Change start date to current 2336 ELDEN AVE Jan 2015 Adjusted Account / Change start date to current 2935 ELLESMERE Jan 2015 Adjusted Account / Change start date to current 977 BEGONIA AVE Jan 2015 Adjusted Account / Change start date to current 156 COSTA MESA ST Jan 2015 Adjusted Account / Change start date to current 1779 KENWOOD PL Jan 2015 Adjusted Account / Change start date to current 1955 ANAHEIM AVE Jan 2015 Adjusted Account / Change start date to current 2033 NATIONAL AVE Jan 2015 Adjusted Account / Change start date to current 1097 CORONA LN Jan 2015 Adjusted Account / Change start date to current 316 SANTA ISABEL Jan 2015 Adjusted Account / Change start date to current Telephone # Costa Mesa Sanitary District ... an Independent Special District Contract Payment to CR&R Environmental Services for Recycling & Disposal Services Recommendation/Notes: Recommendation: That the Board of Directors approv es payment to CR&R Environmental Services for recycling and disposal services for th e month of January 2015. Item Number:4. ATTACHMENTS:Description Type CR Transfer Payment Cover Memo Costa Mesa Sanitary District ... an Independent Special District Adoption of Warrant Resolution No.CMSD 2015-08 Appr oving District Warrant Registers Recommendation/Notes: Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2015-08 approving District warrants for the Month of Januar y 2015 in the amount of $825,812.29. Item Number:5. ATTACHMENTS:Description Type Warrant Resolution No. CMSD 2015-08 Cover Memo COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 20 15 -0 8 A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT RATIFYING THE PAYMENT OF C ERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: Section 1. That the attached claims and demands totaling $825,812.29 h ave been audited as required by law and that the same were paid out of resp e ctive fund s as hereinafter set for th. Section 2 . That the Clerk of the District shall certify to the adoption of this Resolution and shall retain a certified copy thereof in his own records. PASSED AND ADOPTED this 2 6th day of February 2015 . ATTEST: Secretary President STAT E OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA MESA SANITARY DISTRICT ) I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 201 5 -0 8 was duly adopted by the Costa Mesa S anitary District at a regular meeting held on the 26 th day of February 2015 . AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 26 th d ay of February 201 5 . District Clerk of the Costa Mesa Sanitary District Accounts Payable Checks for Approval User: ktran Printed: 02/04/2015 - 3:17 PM Check Number Check DateFund NameAccount NameVendor NameAmount 001/07/2015Liquid Waste FundBenefits Admin CostsCal PERS 201.30 001/07/2015Liquid Waste FundSewer Maint-Benefit AdminCal PERS 67.10 001/07/2015Liquid Waste FundPERS MedicalCal PERS 11,280.51 001/07/2015Solid Waste FundBenefits Admin CostsCal PERS 5.56 001/07/2015Liquid Waste FundBenefits Admin CostsCal PERS 45.50 Check Total: 11,599.97 001/07/2015Liquid Waste FundFederal Withholding TaxesInternal Revenue Service 4,841.28 001/07/2015Liquid Waste FundMedicare - EmployeeInternal Revenue Service 599.37 001/07/2015Liquid Waste FundMedicare - EmployeeInternal Revenue Service 599.37 Check Total: 6,040.02 001/07/2015Liquid Waste FundState Withholding TaxesEmployment Development Departm 1,689.35 Check Total: 1,689.35 001/07/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 7.04 001/07/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 48.03 001/07/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 97.00 001/07/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 786.68 001/07/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 1,867.88 001/07/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 3,777.24 001/07/2015Liquid Waste FundPERS Survivor BenefitCal Pers Employee Ret System 13.02 001/07/2015Liquid Waste FundPERS Survivor BenefitCal Pers Employee Ret System -0.01 Check Total: 6,596.88 001/21/2015Liquid Waste FundFederal Withholding TaxesInternal Revenue Service 5,107.87 001/21/2015Liquid Waste FundMedicare - EmployeeInternal Revenue Service 614.06 001/21/2015Liquid Waste FundMedicare - EmployeeInternal Revenue Service 614.06 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 1 Check Number Check DateFund NameAccount NameVendor NameAmount Check Total: 6,335.99 001/21/2015Liquid Waste FundState Withholding TaxesEmployment Development Departm 1,742.47 Check Total: 1,742.47 001/21/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 7.04 001/21/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 48.03 001/21/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 97.00 001/21/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 786.68 001/21/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 1,920.66 001/21/2015Liquid Waste FundPERS RetirementCal Pers Employee Ret System 3,831.66 001/21/2015Liquid Waste FundPERS Survivor BenefitCal Pers Employee Ret System 13.03 001/21/2015Liquid Waste FundPERS - EmployerCal Pers Employee Ret System -0.03 Check Total: 6,704.07 001/28/2015Liquid Waste FundState Withholding TaxesEmployment Development Departm 100.00 Check Total: 100.00 001/12/2015Liquid Waste FundFICA - EmployeeInternal Revenue Service 325.56 001/12/2015Liquid Waste FundFICA - EmployeeInternal Revenue Service 325.56 Check Total: 651.12 001/28/2015Liquid Waste FundFederal Withholding TaxesInternal Revenue Service 411.00 001/28/2015Liquid Waste FundFICA - EmployeeInternal Revenue Service 356.55 001/28/2015Liquid Waste FundFICA - EmployeeInternal Revenue Service 356.55 001/28/2015Liquid Waste FundMedicare - EmployeeInternal Revenue Service 83.39 001/28/2015Liquid Waste FundMedicare - EmployeeInternal Revenue Service 83.39 Check Total: 1,290.88 001/23/2015Solid Waste FundEquipment MaintenanceAutomatic Data Processing, Inc 7.40 001/23/2015Liquid Waste FundEquipment MaintenanceAutomatic Data Processing, Inc 66.55 Check Total: 73.95 001/26/2015Solid Waste FundBenefits Admin CostsCalPERS Fiscal Services Division 36.00 001/26/2015Liquid Waste FundBenefits Admin CostsCalPERS Fiscal Services Division 324.00 001/26/2015Solid Waste FundBenefits Admin CostsCalPERS Fiscal Services Division 24.00 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 2 Check Number Check DateFund NameAccount NameVendor NameAmount 001/26/2015Liquid Waste FundBenefits Admin CostsCalPERS Fiscal Services Division 216.00 001/26/2015Solid Waste FundBenefits Admin CostsCalPERS Fiscal Services Division 18.00 001/26/2015Liquid Waste FundBenefits Admin CostsCalPERS Fiscal Services Division 162.00 Check Total: 780.00 001/15/2015Solid Waste FundInvestment EarningsBank of America 275.73 Check Total: 275.73 001/05/2015Solid Waste FundInvestment EarningsBank of America 111.13 Check Total: 111.13 1334201/09/2015Liquid Waste FundEmployee InsuranceAFLAC 983.80 Check Total: 983.80 1334301/09/2015Liquid Waste FundSewer Maint-Equipment MaintAir Resources Board 570.00 Check Total: 570.00 1334401/09/2015Liquid Waste FundSewer Maint-TelephoneAT&T 137.06 Check Total: 137.06 1334501/09/2015Solid Waste FundTelephoneBirch Communications 44.20 1334501/09/2015Liquid Waste FundTelephoneBirch Communications 397.84 1334501/09/2015Liquid Waste FundSewer Maint-TelephoneBirch Communications 425.71 Check Total: 867.75 1334601/09/2015Solid Waste FundLegal ServicesAlan R. Burns 1,197.32 1334601/09/2015Liquid Waste FundLegal ServicesAlan R. Burns 2,223.58 1334601/09/2015Liquid Waste FundLegal ServicesAlan R. Burns 6,606.50 1334601/09/2015Solid Waste FundLegal ServicesAlan R. Burns 343.90 1334601/09/2015Solid Waste FundLegal ServicesAlan R. Burns 63.35 1334601/09/2015Liquid Waste FundLegal ServicesAlan R. Burns 117.65 Check Total: 10,552.30 1334701/09/2015Solid Waste FundFiscal ServicesCBIZ MHM, LLC 401.80 1334701/09/2015Liquid Waste FundFiscal ServicesCBIZ MHM, LLC 746.20 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 3 Check Number Check DateFund NameAccount NameVendor NameAmount Check Total: 1,148.00 1334801/09/2015Liquid Waste FundSewer Maint-Annual Sewer MaintC&R Drains Inc. 1,716.00 1334801/09/2015Liquid Waste FundSewer Maint-Annual Sewer MaintC&R Drains Inc. 1,320.00 1334801/09/2015Liquid Waste FundSewer Maint-Annual Sewer MaintC&R Drains Inc. 3,316.52 Check Total: 6,352.52 1334901/09/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJohn Cummings 1,200.00 Check Total: 1,200.00 1335001/09/2015Liquid Waste FundMedical/Employment ServicesDATCO Services Corporation 143.10 Check Total: 143.10 1335101/09/2015Solid Waste FundPublic Info/Ed/Community PromoEco Partners, Inc. 10,020.02 Check Total: 10,020.02 1335201/09/2015Solid Waste FundGas - BuildingThe Gas Company 2.39 1335201/09/2015Liquid Waste FundGas - BuildingThe Gas Company 21.55 1335201/09/2015Liquid Waste FundSewer Maint-Gas BldgThe Gas Company 29.04 Check Total: 52.98 1335301/09/2015Solid Waste FundEquipment MaintenanceGE Capital 28.92 1335301/09/2015Liquid Waste FundEquipment MaintenanceGE Capital 260.29 1335301/09/2015Solid Waste FundEquipment MaintenanceGE Capital 31.63 1335301/09/2015Liquid Waste FundEquipment MaintenanceGE Capital 284.66 Check Total: 605.50 1335401/09/2015Liquid Waste FundEngineering/Architectual ServRobin B. Hamers & Assoc., Inc. 1,530.00 1335401/09/2015Liquid Waste FundEngineering/Architectual ServRobin B. Hamers & Assoc., Inc. 5,250.00 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-InsideRobin B. Hamers & Assoc., Inc. 52.50 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-InsideRobin B. Hamers & Assoc., Inc. 6,720.00 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-InsideRobin B. Hamers & Assoc., Inc. 3,780.00 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-OutsideRobin B. Hamers & Assoc., Inc. 892.50 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-OutsideRobin B. Hamers & Assoc., Inc. 910.00 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-Swr LateralRobin B. Hamers & Assoc., Inc. 52.50 1335401/09/2015Liquid Waste FundPlan Ck/Inspection-Swr LateralRobin B. Hamers & Assoc., Inc. 1,295.00 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 4 Check Number Check DateFund NameAccount NameVendor NameAmount 1335401/09/2015Liquid Waste FundPump Stn Emerg. Eqpt. #196Robin B. Hamers & Assoc., Inc. 96.50 1335401/09/2015Liquid Waste FundPump Stn Emerg. Eqpt. #196Robin B. Hamers & Assoc., Inc. 161.25 1335401/09/2015Liquid Waste FundForce Main Upgrades #200Robin B. Hamers & Assoc., Inc. 1,785.25 1335401/09/2015Liquid Waste FundForce Main Upgrades #200Robin B. Hamers & Assoc., Inc. 161.25 1335401/09/2015Liquid Waste FundGrade 4 CCTV Improvements Ph1Robin B. Hamers & Assoc., Inc. 8,872.50 1335401/09/2015Liquid Waste FundGrade 4 CCTV Improvements Ph1Robin B. Hamers & Assoc., Inc. 70.00 Check Total: 31,629.25 1335501/09/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJames Hayes 1,250.00 Check Total: 1,250.00 1335601/09/2015Liquid Waste FundSewer Maint-Swr Lateral ProgBrian Hunt 1,250.00 Check Total: 1,250.00 1335701/09/2015Solid Waste FundProfessional ServicesIron Mountain Incorporated 10.42 1335701/09/2015Liquid Waste FundProfessional ServicesIron Mountain Incorporated 93.74 Check Total: 104.16 1335801/09/2015Liquid Waste FundSewer Maint- Water PumpsMesa Water District 21.00 1335801/09/2015Liquid Waste FundSewer Maint- Water PumpsMesa Water District 21.00 1335801/09/2015Liquid Waste FundSewer Maint- Water PumpsMesa Water District 21.00 Check Total: 63.00 1335901/09/2015Solid Waste FundPublic Info/Ed/Community PromoMouse Graphics 2.43 1335901/09/2015Liquid Waste FundPublic Info/Ed/Community PromoMouse Graphics 21.87 1335901/09/2015Liquid Waste FundSewer Maint-MultiMed/BlueprintMouse Graphics 15.82 Check Total: 40.12 1336001/09/2015Liquid Waste FundSewer Maint-Annual Sewer MaintNational Plant Services, Inc. 1,225.92 Check Total: 1,225.92 1336101/09/2015Liquid Waste FundDue to OCSDOrange County Sanitation Distr 108,115.59 1336101/09/2015Liquid Waste FundOCSD Fees-CMSD ShareOrange County Sanitation Distr -5,405.78 Check Total: 102,709.81 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 5 Check Number Check DateFund NameAccount NameVendor NameAmount 1336201/09/2015Liquid Waste FundBuilding MaintenanceOffice Depot 27.21 1336201/09/2015Solid Waste FundBuilding MaintenanceOffice Depot 3.02 1336201/09/2015Solid Waste FundBoard DevelopmentOffice Depot 0.42 1336201/09/2015Liquid Waste FundBoard DevelopmentOffice Depot 3.74 1336201/09/2015Solid Waste FundBoard DevelopmentOffice Depot 2.45 1336201/09/2015Liquid Waste FundBoard DevelopmentOffice Depot 22.01 1336201/09/2015Solid Waste FundBuilding MaintenanceOffice Depot 0.43 1336201/09/2015Liquid Waste FundBuilding MaintenanceOffice Depot 3.88 1336201/09/2015Solid Waste FundBoard DevelopmentOffice Depot 1.04 1336201/09/2015Liquid Waste FundBoard DevelopmentOffice Depot 9.35 Check Total: 73.55 1336301/09/2015Solid Waste FundBuilding MaintenanceOrtiz Landscaping & Maintenanc 13.50 1336301/09/2015Liquid Waste FundBuilding MaintenanceOrtiz Landscaping & Maintenanc 121.50 1336301/09/2015Liquid Waste FundSewer Maint-Bldg MaintOrtiz Landscaping & Maintenanc 75.00 Check Total: 210.00 1336401/09/2015Liquid Waste FundSewer Maint-Swr Lateral ProgDebbie Pereira-Morse 1,250.00 Check Total: 1,250.00 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 437.17 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 320.39 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 92.27 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 48.98 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 485.22 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 254.24 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 91.43 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 66.37 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 145.16 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 420.00 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 421.71 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 90.75 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 250.87 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 62.68 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 1,003.84 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 80.70 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 328.91 1336501/09/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 829.61 1336501/09/2015Solid Waste FundElectric - BuildingSouthern California Edison 50.93 1336501/09/2015Liquid Waste FundElectric - BuildingSouthern California Edison 458.41 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 6 Check Number Check DateFund NameAccount NameVendor NameAmount Check Total: 5,939.64 1336601/09/2015Solid Waste FundCafeteria PlanSpec Dist Risk Mgt Authority 52.52 1336601/09/2015Liquid Waste FundCafeteria PlanSpec Dist Risk Mgt Authority 58.04 1336601/09/2015Liquid Waste FundSwr Maint - Cafeteria PlanSpec Dist Risk Mgt Authority 69.10 1336601/09/2015Liquid Waste FundDental InsuranceSpec Dist Risk Mgt Authority 1,191.96 1336601/09/2015Solid Waste FundCafeteria PlanSpec Dist Risk Mgt Authority 101.94 1336601/09/2015Liquid Waste FundCafeteria PlanSpec Dist Risk Mgt Authority 118.83 1336601/09/2015Liquid Waste FundSwr Maint - Cafeteria PlanSpec Dist Risk Mgt Authority 130.80 1336601/09/2015Solid Waste FundBenefits Admin CostsSpec Dist Risk Mgt Authority 11.28 1336601/09/2015Liquid Waste FundBenefits Admin CostsSpec Dist Risk Mgt Authority 27.32 1336601/09/2015Liquid Waste FundVision InsuranceSpec Dist Risk Mgt Authority 229.13 Check Total: 1,990.92 1336701/09/2015Solid Waste FundEOC Equipment & SuppliesTelePacific Communications 30.46 1336701/09/2015Liquid Waste FundEOC Equipment & SuppliesTelePacific Communications 274.17 Check Total: 304.63 1336801/09/2015Liquid Waste FundDeferred Compensation - 457VantagePoint Transfer Agents 1,846.49 Check Total: 1,846.49 1336901/09/2015Liquid Waste FundDeferred Medical-RHS-EmployeeVantagePoint Transfer Agents 756.00 Check Total: 756.00 1337001/09/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJeffrey Walden 1,250.00 Check Total: 1,250.00 1337101/09/2015Liquid Waste FundSewer Maint-Pump Stn MaintWest Coast Safety Supply Co, I 39,075.04 Check Total: 39,075.04 1337201/09/2015Liquid Waste FundProfessional ServicesWilldan Engineering 1,337.18 Check Total: 1,337.18 1337301/13/2015Liquid Waste FundSewer Maint-Annual Sewer MaintGCI Construction, Inc. 68,400.44 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 7 Check Number Check DateFund NameAccount NameVendor NameAmount Check Total: 68,400.44 1337901/23/2015Solid Waste FundOffice SuppliesSYNCB/AMAZON 1.10 1337901/23/2015Liquid Waste FundOffice SuppliesSYNCB/AMAZON 9.88 Check Total: 10.98 1338001/23/2015Solid Waste FundTelephoneAT&T 41.96 1338001/23/2015Liquid Waste FundTelephoneAT&T 377.64 1338001/23/2015Liquid Waste FundSewer Maint-TelephoneAT&T 137.04 1338001/23/2015Liquid Waste FundSewer Maint-TelephoneAT&T 145.34 1338001/23/2015Solid Waste FundTelephoneAT&T 8.01 1338001/23/2015Liquid Waste FundTelephoneAT&T 72.14 Check Total: 782.13 1338101/23/2015Liquid Waste FundSewer Maint-Material/SuppliesBank of America 52.28 1338101/23/2015Liquid Waste FundSewer Maint-Material/SuppliesBank of America 75.44 1338101/23/2015Liquid Waste FundSewer Maint-Material/SuppliesBank of America 70.63 1338101/23/2015Liquid Waste FundSewer Maint-Material/SuppliesBank of America 73.20 1338101/23/2015Liquid Waste FundSewer Maint-Material/SuppliesBank of America 103.39 1338101/23/2015Liquid Waste FundSewer Maint-Bldg MaintBank of America 34.90 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 30.97 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 3.35 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 30.19 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 9.00 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 81.00 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 19.15 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 2.13 1338101/23/2015Solid Waste FundBoard DevelopmentBank of America 17.52 1338101/23/2015Liquid Waste FundBoard DevelopmentBank of America 157.68 1338101/23/2015Liquid Waste FundBoard DevelopmentBank of America 157.69 1338101/23/2015Solid Waste FundBoard DevelopmentBank of America 17.51 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 52.55 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 473.00 1338101/23/2015Solid Waste FundPublic Info/Ed/Community PromoBank of America 4.16 1338101/23/2015Liquid Waste FundPublic Info/Ed/Community PromoBank of America 37.41 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 3.04 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 27.37 1338101/23/2015Solid Waste FundOffice SuppliesBank of America 1.16 1338101/23/2015Liquid Waste FundOffice SuppliesBank of America 10.49 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 12.04 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 12.04 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 8 Check Number Check DateFund NameAccount NameVendor NameAmount 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 14.85 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 21.14 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 69.10 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 29.35 1338101/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintBank of America 350.00 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 27.50 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 247.50 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 28.30 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 254.72 1338101/23/2015Solid Waste FundStaff DevelopmentBank of America 18.82 1338101/23/2015Liquid Waste FundStaff DevelopmentBank of America 169.38 1338101/23/2015Solid Waste FundComputer Licenses & MaintBank of America 35.90 1338101/23/2015Liquid Waste FundComputer Licenses & MaintBank of America 323.10 Check Total: 3,158.95 1338201/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJames Comfort 1,250.00 Check Total: 1,250.00 1338301/23/2015Liquid Waste FundSewer Maint-Equipment MaintConnell Chevrolet 2,351.13 Check Total: 2,351.13 1338401/23/2015Solid Waste FundEquipment MaintenanceCoreLogic Solutions, LLC 15.00 1338401/23/2015Liquid Waste FundEquipment MaintenanceCoreLogic Solutions, LLC 135.00 Check Total: 150.00 1338501/23/2015Liquid Waste FundSewer Maint-Pump Stn MaintCordova & Son, Inc. 625.00 1338501/23/2015Liquid Waste FundSewer Maint-Pump Stn MaintCordova & Son, Inc. 625.00 Check Total: 1,250.00 1338601/23/2015Solid Waste FundTrash HaulerCR&R Incorporated Environmenta 193,763.69 Check Total: 193,763.69 1338701/23/2015Solid Waste FundHousehold Hazardous WasteCR&R Incorporated Environmenta 196.00 Check Total: 196.00 1338801/23/2015Solid Waste FundOffice SuppliesCross Media Resources 7.11 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 9 Check Number Check DateFund NameAccount NameVendor NameAmount 1338801/23/2015Liquid Waste FundPublic Info/Ed/Community PromoCross Media Resources 63.97 Check Total: 71.08 1338901/23/2015Solid Waste FundRecycling/DisposalCR Transfer, Inc. 88,331.32 1338901/23/2015Solid Waste FundRecycling/DisposalCR Transfer, Inc. 4,921.04 1338901/23/2015Solid Waste FundRecycling/DisposalCR Transfer, Inc. 91,519.69 1338901/23/2015Solid Waste FundRecycling/DisposalCR Transfer, Inc. 6,533.15 Check Total: 191,305.20 1339001/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJ Michael Declues 1,250.00 Check Total: 1,250.00 1339101/23/2015Solid Waste FundFiscal ServicesWhite Nelson Diehl Evans LLP 875.00 1339101/23/2015Liquid Waste FundFiscal ServicesWhite Nelson Diehl Evans LLP 1,625.00 Check Total: 2,500.00 1339201/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgGraig Dougherty 1,250.00 Check Total: 1,250.00 1339301/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgDean Efstathion 1,250.00 Check Total: 1,250.00 1339401/23/2015Liquid Waste FundBoard DevelopmentJim Ferryman 3.92 Check Total: 3.92 1339501/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgRobert Galter 1,084.50 Check Total: 1,084.50 1339601/23/2015Solid Waste FundProfessional ServicesGladwell Governmental Services 25.00 1339601/23/2015Liquid Waste FundProfessional ServicesGladwell Governmental Services 225.00 Check Total: 250.00 1339701/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgPatrick Glasgow 1,250.00 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 10 Check Number Check DateFund NameAccount NameVendor NameAmount Check Total: 1,250.00 1339801/23/2015Solid Waste FundPostageMail Finance Inc. 7.67 1339801/23/2015Liquid Waste FundPostageMail Finance Inc. 69.01 Check Total: 76.68 1339901/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJulia Hernandez 727.00 Check Total: 727.00 1340001/23/2015Liquid Waste FundSewer Maint- Water PumpsIrvine Ranch Water District 12.25 1340001/23/2015Liquid Waste FundSewer Maint- Water PumpsIrvine Ranch Water District 12.25 Check Total: 24.50 1340101/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgAaron Iverson 687.50 Check Total: 687.50 1340201/23/2015Liquid Waste FundSewer Maint-Pump Stn MaintJimni Systems, Inc 975.00 1340201/23/2015Liquid Waste FundSewer Maint-Pump Stn MaintJimni Systems, Inc 783.58 Check Total: 1,758.58 1340301/23/2015Solid Waste FundStaff DevelopmentLiebert Cassidy Whitmore 100.00 1340301/23/2015Liquid Waste FundStaff DevelopmentLiebert Cassidy Whitmore 900.00 Check Total: 1,000.00 1340401/23/2015Liquid Waste FundSewer Maint- Water PumpsMesa Water District 21.07 1340401/23/2015Liquid Waste FundSewer Maint- Water PumpsMesa Water District 21.11 1340401/23/2015Liquid Waste FundSewer Maint-Water BldgMesa Water District 59.19 1340401/23/2015Liquid Waste FundSewer Maint-Water BldgMesa Water District 58.72 1340401/23/2015Liquid Waste FundSewer Maint-Water BldgMesa Water District 65.28 Check Total: 225.37 1340501/23/2015Solid Waste FundOther ReimbursementsDiana Newlin 30.00 Check Total: 30.00 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 11 Check Number Check DateFund NameAccount NameVendor NameAmount 1340601/23/2015Liquid Waste FundSewer Maint-Swr Lateral ProgJanice Nimmo 1,250.00 Check Total: 1,250.00 1340701/23/2015Liquid Waste FundSewer Maint-Material/SuppliesOrange County Hose Co. 175.51 Check Total: 175.51 1340801/23/2015Solid Waste FundElection CostsCounty of Orange 16,263.90 1340801/23/2015Liquid Waste FundElection CostsCounty of Orange 30,204.39 Check Total: 46,468.29 1340901/23/2015Solid Waste FundOffice SuppliesOffice Depot 22.06 1340901/23/2015Liquid Waste FundOffice SuppliesOffice Depot 198.51 1340901/23/2015Solid Waste FundOffice SuppliesOffice Depot 1.51 1340901/23/2015Liquid Waste FundOffice SuppliesOffice Depot 13.60 1340901/23/2015Solid Waste FundOffice SuppliesOffice Depot 7.75 1340901/23/2015Liquid Waste FundOffice SuppliesOffice Depot 69.79 1340901/23/2015Solid Waste FundBoard DevelopmentOffice Depot 2.43 1340901/23/2015Liquid Waste FundBoard DevelopmentOffice Depot 21.92 1340901/23/2015Solid Waste FundOffice SuppliesOffice Depot 5.66 1340901/23/2015Liquid Waste FundOffice SuppliesOffice Depot 50.90 Check Total: 394.13 1341001/23/2015Solid Waste FundBoard DevelopmentArt Perry 2.24 1341001/23/2015Liquid Waste FundBoard DevelopmentArt Perry 20.16 Check Total: 22.40 1341101/23/2015Liquid Waste FundSewer Maint-Elec BldgSouthern California Edison 1,191.98 1341101/23/2015Liquid Waste FundSewer Maint-Electric PumpsSouthern California Edison 1,011.59 Check Total: 2,203.57 1341201/23/2015Solid Waste FundBoard DevelopmentArlene Schafer 3.92 1341201/23/2015Liquid Waste FundBoard DevelopmentArlene Schafer 35.28 Check Total: 39.20 1341301/23/2015Solid Waste FundBoard DevelopmentMichael Scheafer 0.90 1341301/23/2015Liquid Waste FundBoard DevelopmentMichael Scheafer 8.06 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 12 Check Number Check DateFund NameAccount NameVendor NameAmount Check Total: 8.96 1341401/23/2015Solid Waste FundProf Membership/DuesSouthern California Public Lab 10.00 1341401/23/2015Liquid Waste FundProf Membership/DuesSouthern California Public Lab 90.00 Check Total: 100.00 1341501/23/2015Solid Waste FundStaff DevelopmentSolid Waste Association of Nor 300.00 Check Total: 300.00 1341601/23/2015Solid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 225.00 1341601/23/2015Liquid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 2,025.00 1341601/23/2015Liquid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 2,025.00 1341601/23/2015Solid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 225.00 1341601/23/2015Solid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 225.00 1341601/23/2015Liquid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 2,025.00 1341601/23/2015Solid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 275.00 1341601/23/2015Liquid Waste FundProfessional ServicesTechnology Resource Cntr, Inc. 2,475.00 Check Total: 9,500.00 1341701/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintTriple A Pumping & Jetting Svc 16,181.55 Check Total: 16,181.55 1341801/23/2015Liquid Waste FundSewer Maint-Annual Sewer MaintUnited Pumping Services, Inc. 1,558.20 Check Total: 1,558.20 1341901/23/2015Liquid Waste FundDeferred Compensation - 457VantagePoint Transfer Agents 1,846.49 1341901/23/2015Liquid Waste FundDeferred Compensation - 457VantagePoint Transfer Agents 5.00 Check Total: 1,851.49 1342001/23/2015Liquid Waste FundDeferred Medical-RHS-EmployeeVantagePoint Transfer Agents 771.04 Check Total: 771.04 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 13 Check Number Check DateFund NameAccount NameVendor NameAmount Report Total: 825,812.29 AP - Checks for Approval ( 02/04/2015 - 3:17 PM )Page 14 Vendors Descriptions Amount Aaron Brothers Frame Proclamation- Ed Fawcett's 41.57 ACE Materials and Supplies for District Yard 73.20 Albertsons Gift Cards for Employees of the Year and greeting cards for Safety Person of the Year. Refreshment for CMSD Sewer Crew and Contractor- President PS emergency work 12/6/14 333.51 CDW Government Software Updates 359.00 CIBO Restaurant, CA Monterey Meal, Clerk New Law & Elections Conference 12/5/14 District Clerk 33.54 Cinepolis Ranch Appreciation movie gift cards for CMSD Crew for President PS emergency work on 12/6/14 350.00 Fresh & Easy Refreshment All Hands Meeting 12/17/14 30.41 Golden Dragon Holiday Dinner and year end reception for staff (11 employees)275.00 Home Depot Materials and Supplies for District Yard 301.74 Hyatt Hotels Monterey Lodging, Clerk New Law & Elections Conference 12/5/14 District Clerk 525.55 LAX Airport Lot P 7 Parking at LAX, Clerk New Law & Elections Conference 12/5/14 District Clerk 90.00 McDonald's Breakfast for CMSD Sewer Crew and Contractors President PS emergency work 12/6/14 38.93 Norms Breakfast For CMSD Sewer Crew- President PS Emergency work 12/10/14 30.97 Old Fisherman's Grotto, CA Monterey Meal, Clerk New Law & Elections Conference 12/5/14 District Clerk 21.28 Smart & Final Office Supplies 11.65 Smart & Final Paper Products for District Yard 34.90 Southwest Airfare Air Travel, CSDA Board Meeting 1/9/15 & 1/22/15 Director Schafer 350.40 Southwest Airline Roundtrip to Sacramento for CSDA's Professional Development Committee 188.20 Subway Lunch for CMSD Sewer Crew and Contractors for President PS emergency work 12/6/14 69.10 CMSD Check No. 13381 3,158.95 Bank of America Costa Mesa Sanitary District ... an Independent Special District Directors' Compensation and Reimbursement of Expens es Recommendation/Notes: Recommendation: That the Board of Directors approve s Directors’ compensation and reimbursement of expenses for the month of January 2015. Item Number:6. ATTACHMENTS:Description Type Directors Compensation & Expense Reimbursement Cover Memo Costa Mesa Sanitary District Expense Reimbursement Form for Directors Name : JAMES FERRYMAN I. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 01/13/2015 CMSD STUDY SESSION CMSD HQ 01/14/2015 LAFCO MWDOC 01/15/2015 COSTA MESA CHAMBER BREAKFAST COSTA MESA COUNTRY CLUB 01/22/2015 CMSD REGULAR BOARD MEETING CMSD HQ 01/29/2015 ISDOC QUARTERLY MEETING MWDOC *Can be used for private auto as well as taxi, limo and air fare. II. Calculation 1. miles at .56 per mile (Current Rate) 2. Total meals 3. 5 days attendance at $ 221.00 per day (per Board policy) 4. Meeting 5. Other Conference/Event : ________________________________________ Location: ____________________________________________ = $ = = = 1105.00 = Total = $1105.00 Significant points learned of benefit to the District and its ratepayers: Director Signature __/S/ JAMES FERRYMAN Per Ordinance No. 55, “Board members shall provide brief reports on meetings attended at public expense at the next regular Board meeting.” (Operations Code, Section 3.01.035) Costa Mesa Sanitary District ... an Independent Special District Sewer Lateral Assistance Program (SLAP) Update Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:7. ATTACHMENTS:Description Type SLAP Update Cover Memo Protecting our community's health and the environment b y providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Wendy H. Davis, Finance Manager Date: February 26, 2015 Subject: Sewer Lateral Assistance Program (SLAP) Up date Summary The following is a summary of the Sewer Lateral Ass istance Program (SLAP) activity for the 2014-2015 fiscal year as of January 31, 201 5: New Applications Received FY 14-15128 Applications Processed for Payment*82 Applications In Process54 Available SLAP Spots Based on Funding66 Adopted SLAP Budget200,000 $ FY 13-14 Carryover Budget65,676 Total Budget 265,676 Fiscal Year to Date Paid86,908 Available Balance**178,768 $ * Includes applications started in prior fiscal ye ar but completed in current fiscal year.** Funds remaining at the end of the fiscal year wi ll be carried forward. Staff Recommendation February 19, 2013 Page 2 of 2 That the Board of Directors approve and file this r eport. Costa Mesa Sanitary District ... an Independent Special District Investment Report Recommendation/Notes: Recommendation: That the Board of Directors approv es the Investment Report for the month January 2015. Item Number:8. ATTACHMENTS:Description Type Investment Report Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection se rvices. www.cmsdca.gov Memorandum To: Board of Directors From: Marc Davis, Treasurer Date: February 26, 2015 Subject: Investment Report for the Month of January 2015 Summary Attached is the Investment Report for the month of January 2015. As required by the District’s Statement of Investment Policy, the Inve stment Report delineates all investment activity during the month. Staff Recommendation Approve the Investment Report for the month of Janu ary 2015. Analysis This report lists the types of securities held in t he District’s portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of January 31, 2015. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 26, 2014 re gular meeting, as well as the California Government Code. The market values in t his report were provided by our third party custodian, Pershing, LLC, except for the Loca l Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Trea surer’s Office. It does not represent the value of the underlying securities within the p ool, but rather the par or cost amount, which is the amount the District is entitled to wit hdraw. This reporting practice is consistent with industry standard practices for sim ilar funds. Board of Directors February 26, 2015 Page 2 of 3 The weighted average stated rate of return (current yield) for the District’s investment portfolio as of January 31, 2015, was 0.821%. The yield to maturity of the portfolio was 0.821%. The District’s weighted average interest r ate was 56 basis points (0.561%) above the daily effective yield of LAIF, which was 0.260% as of January 31, 2015. The weighted average number of days to maturity for the District ’s total portfolio was 685 days (1.88 years). The average duration of the underlying sec urities in LAIF as of January 31, 2015 was 198 days. The District’s investment portfolio is in complianc e 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 less than o ne year as of January 31, 2015 was 40.14%. As of January 31, 2015, the District has adequate c ash reserves necessary to meet its obligations for the next six months. Strategic Plan Element & Goal This item supports achieving Strategic Element No. 7.0, Finances, by ensuring the short and long-term fiscal health of the District. Legal Review Legal review is not required. Environmental Review The approval of the monthly Investment Report is no t a disturbance of the environment similar to grading or construction and is not a pro ject under CEQA or the District’s CEQA Guidelines. Financial Review The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30, 2015. Through January 31, 2015, the portfolio has earned a weighted average interest rate of 0.825%. Board of Directors February 26, 2015 Page 3 of 3 Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the January 22, 2015 Board of Directors regular meeting at District Headquarters (631 W. 19 th Street) and on the District’s website at www.cmsdca.gov . Alternative Actions 1. Refer the matter back to staff Attachments Treasurer’s Report of Pooled Cash and Investments a s of January 31, 2015 `DepositsOutstanding Bank Balance In Transits Checks Book Balance Active Accounts: Bank of America 293,058.96 $ - 198,707.71 94,351.25 $ Total Active Accounts293,058.96 - 198,707.71 94,351.25 Market Value Increase Decrease Cost Investments: Local Agency Investment Fund8,370,217.57 $ - - 8,370,217.57 $ Money Market/Sweep Account28,418.09 - - 28,418.09 Negotiable Certificates of Deposit772,019.75 - (249.25) 772,269.00 Federal Agency Securities11,749,682.50 - (2,248.50) 11,751,931.00 Total Investments20,920,337.91 - (2,497.75) 20,922,835.66 Total Pooled Cash & Investments21,213,396.87 $ -$ 196,209.96 $ 21,017,186.91 $ Market Adjustment C O S T A M E S A S A N I T A R Y D I S T R I C T Treasurer's Report of Pooled Cash and Investments January 31, 2015 Costa Mesa Sanitary District Pooled Cash and Investments by Fund January 31, 2015 Solid Waste Fund: Operating Reserve 821,000.00 $ Unreserved: Designated for working capital 1,494,000.00 Undesignated 3,486,168.25 Liquid Waste Fund: Operating Reserve 365,000.00 Reserved for Earthquakes/Emergencies 1,000,000.00 Reserved for Capital Outlay 4,347,000.00 Unreserved: Designated for working capital 2,467,300.00 Undesignated 660,753.13 Sewer Construction Fund 100,000.00 Facilities Revolving Fund 455,407.17 Asset Replacement Fund 673,376.13 Asset Management Fund 5,147,182.23 Total Pooled Cash & Investments 21,017,186.91 $ Treasurer Date Marcus D. Davis 2/18/15 1 Total investments outstanding as of December 31, 20 14 21,419,065.64 $ Additions:Gain on sale of investment - Investment purchases 200,000.00 Deductions:Investments called - Net increase (decrease) in Sweep Account - Net increase (decrease) in LAIF (696,229.98) Total investments outstanding as of January 31, 201 5 20,922,835.66 $ C O S T A M E S A S A N I T A R Y D I S T R I C T Investment Activity Summary January 31, 2015 2 Interest CUSIP PurchaseMaturityCouponInvestmentEarned at Number Investment Date Date Rate Cost 01/31/15 n/aLocal Agency Investment Fundn/an/a0.267%8,370,21 7.57 $ n/a**n/aPershing-Sweep Acctn/an/a0.000%28,418.09 n/a 3134G3ZR4Federal Home Loan Mortgage08/07/1208/07/17 1.000%1,000,000.00 4,833.33 3136G0L58Federal National Mortgage Assn10/18/1210/1 8/171.000%1,000,000.00 2,861.11 3135G0RQ8Federal National Mortgage Assn11/15/1211/1 5/171.000%1,000,000.00 2,111.11 313381LC7Federal Home Loan Mortgage12/28/1212/28/17 0.950%1,000,000.00 870.83 3133823B7Federal Home Loan Mortgage02/22/1302/22/18 1.150%1,000,000.00 5,079.17 3133826D0Federal Home Loan Mortgage02/28/1302/28/18 1.100%1,000,000.00 4,675.00 313382HR7Federal Home Loan Mortgage03/27/1303/27/18 1.130%1,000,000.00 3,892.22 3136G1L31Federal National Mortgage Assn05/15/1305/1 5/170.700%1,000,000.00 1,477.78 3133ECQW7Federal Farm Credit Bank06/04/1306/04/181.250%1,000,000.00 1,979.17 3134G47G7Federal Home Loan Mortgage06/26/1306/26/18 1.400%1,000,000.00 1,361.11 87165FAC8Synchrony Bank Retail CTF Dep06/06/1406/06 /192.000%99,500.00 295.89 06740KGY7Barclays Bank Retail CTF Dep07/02/1407/05/160.650%99,825.00 51.64 3133EDR20Federal Farm Credit Bank07/24/1407/24/191.900%500,000.00 184.72 3130A2PNOFederal Home Loan Mortgage08/06/1408/06/19 2.000%500,000.00 4,861.11 20033AGD2Comenity Capital Bank CTF Dep08/25/1402/25 /160.750%125,000.00 15.41 3130A3JA3Federal Home Loan Mortgage11/26/1411/26/19 1.500%249,875.00 677.08 59013JCJ6Merrick Bank South CTF Dep12/08/1412/08/15 0.500%125,000.00 39.38 795450VP7Sallie Mae Bank CTF Dep12/25/1412/12/161.0 50%125,000.00 186.99 3130A3MR2Federal Home Loan Mortgage12/30/1412/30/19 2.000%500,000.00 833.33 38148JGK1Goldman Sachs Bank USA CTF Dep01/07/1501/0 7/191.900%200,000.00 249.86 Totals 20,922,835.66 $ 36,536.24 $ **Represents the LAIF daily rate at 1/31/15 Comments COSTA MESA SANITARY DISTRICT Investment and Investment Earnings January 31, 2015 3 Current %of Market Value 01/31/15 Maximum %U.S. Treasury Bills0.00%Unlimited U.S. Treasury Notes0.00%Unlimited Federal Agency Issues:FICB 0.00%Unlimited FLB 0.00%Unlimited FHLB 0.00%Unlimited FHLMC 34.66%Unlimited FNMA 14.32%Unlimited FFCB 7.18%Unlimited Other *0.00%Unlimited Banker's Acceptances0.00%25% (1)Certificates of Deposit0.00%25%Negotiable Certificates of Deposits3.69%25% (1)Commercial Paper0.00%25% (1)Medium Term Corporate Notes0.00%20% (1)LAIF (Local Agency Investment Fund)40.01%40,000,000 Shares of Benefical Interest0.00%20%Money Market/Mutual Funds (Sweep Acct)0.14%10% per fund (2)Total 100.00%% of portfolio maturing under one year 40.14%no les s than 20%% of portfolio maturing over one year59.86%100.00%(1) Further limited to 10% in any single issuer (2) Also limited to 20% in total.*These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE COSTA MESA SANITARY DISTRICT Summary of Policy Limitations January 31, 2015 Description 4 PurchaseMaturityCouponInvestment% ofMarket% of Description Broker/Dealer Date Date Rate Cost Portfolio Value Portfolio Comments State Treasurer's PoolLAIFn/aContinuous0.267%**8,37 0,217.57 $ 8,370,217.57 $ Pool Total State Treasurer's Pool 8,370,217.57 40.01%8,370,217.57 40.01%Money Market Mutual FundPershingn/aContinuous0.000%28,418.09 28,418.09 Sweep Total Money Market Mutual Fund 28,418.09 0.14%28,418.09 0.14%Federal Home Loan MortgageE.J. De La Rosa08/07/1208 /07/171.000%1,000,000.00 999,910.00 FHLMC Federal Home Loan MortgageE.J. De La Rosa12/28/1212 /28/170.950%1,000,000.00 999,170.00 FHLMC Federal Home Loan MortgageE.J. De La Rosa02/22/1302 /22/181.150%1,000,000.00 1,000,520.00 FHLMC Federal Home Loan MortgageE.J. De La Rosa02/28/1302 /28/181.100%1,000,000.00 1,000,620.00 FHLMC Federal Home Loan MortgageE.J. De La Rosa03/27/1303 /27/181.130%1,000,000.00 996,570.00 FHLMC Federal Home Loan MortgageE.J. De La Rosa06/26/1306 /26/181.400%1,000,000.00 1,001,670.00 FHLMC Federal Home Loan MortgageMult-Bank Securities08/06 /1408/06/192.000%500,000.00 500,050.00 FHLMC Federal Home Loan MortgageMult-Bank Securities11/26 /1411/26/191.500%249,875.00 250,687.50 FHLMC Federal Home Loan MortgageMult-Bank Securities12/30 /1412/30/192.000%500,000.00 501,340.00 FHLMC Total Federal Home Loan Mortgage 7,249,875.00 34.65%7,250,537.50 34.66%Federal National Mortgage AssociationE.J. De La Ros a10/18/1210/18/171.000%1,000,000.00 999,970.00 FNMA Federal National Mortgage AssociationE.J. De La Ros a11/15/1211/15/171.000%1,000,000.00 1,000,290.00 FNMA Federal National Mortgage AssociationUnion Banc05/1 5/1305/15/170.700%1,000,000.00 995,890.00 FNMA Total Federal National Mortgage Association 3,000,000.00 14.34%2,996,150.00 14.32%Federal Farm Credit BankE.J. De La Rosa06/04/1306/0 4/181.250%1,000,000.00 1,000,050.00 FFCB Federal Farm Credit BankMult-Bank Securities07/24/1 407/24/191.900%500,000.00 502,945.00 FFCB Total Federal National Mortgage Association 1,500,000.00 7.17%1,502,995.00 7.18%Synchrony Bank Retail Certificate of DepositMulti-B ank Securities06/06/1406/06/192.000%99,500.00 99,640.00 Negotiable CD Barclays Bank Retail Certificate of DepositMulti-Ba nk Securities07/02/1407/05/160.650%99,825.00 99,797.00 Negotiable CD Comenity Capital BankMulti-Bank Securities08/25/140 2/25/160.750%125,000.00 125,046.25 Negotiable CD Merrick Bank South CTF DepMulti-Bank Securities12/0 8/1412/08/150.500%125,000.00 124,905.00 Negotiable CD Sallie Mae Bank CTF DepMulti-Bank Securities12/25/1 412/12/161.050%125,000.00 124,687.50 Negotiable CD Goldman Sachs Bk CTF DepMulti-Bank Securities01/07/1501/07/191.900%200,000.00 197,944.00 Negotiable CD Total Negotiable Certificates of Deposit 774,325.00 3.70%772,019.75 3.69%Total Investments 20,922,835.66 $ 100.00%20,920,337.91 $ 100.00%**Represents the LAIF daily rate at 1/31/15 COSTA MESA SANITARY DISTRICT Schedule of Investments by Instrument Type January 31, 2015 5 InvestmentPurchaseMaturityDays toCouponYield toInve stment Broker/Dealer Type Date Date Maturity Rate Maturity Cost Local Agency Investment FundPool 10.267%**0.267%8,370,217.57 $ PershingSweep 10.000%0.000%28,418.09 E.J. De La RosaFHLMC08/07/1208/07/179191.000%1.000%1,000,000.00 E.J. De La RosaFNMA10/18/1210/18/179911.000%1.000%1 ,000,000.00 E.J. De La RosaFNMA11/15/1211/15/171,0191.000%1.000 %1,000,000.00 E.J. De La RosaFHLMC12/28/1212/28/171,0620.950%0.95 0%1,000,000.00 E.J. De La RosaFHLMC02/22/1302/22/181,1181.150%1.15 0%1,000,000.00 E.J. De La RosaFHLMC02/28/1302/28/181,1241.100%1.10 0%1,000,000.00 E.J. De La RosaFHLMC03/27/1303/27/181,1511.130%1.13 0%1,000,000.00 UnionBancFNMA05/15/1305/15/178350.700%0.700%1,000,0 00.00 E.J. De La RosaFFCB06/04/1306/04/181,2201.250%1.250 %1,000,000.00 E.J. De La RosaFHLMC06/26/1306/26/181,2421.400%1.40 0%1,000,000.00 Multi-Bank SecuritiesNegotiable CD06/06/1406/06/191 ,5872.000%2.106%99,500.00 Multi-Bank SecuritiesNegotiable CD07/02/1407/05/165 210.650%0.650%99,825.00 Multi-Bank SecuritiesFFCB07/24/1407/29/191,6401.900 %1.900%500,000.00 Multi-Bank SecuritiesFHLMC08/06/1408/06/191,6482.00 0%2.000%500,000.00 Multi-Bank SecuritiesNegotiable CD08/25/1402/25/163 900.750%0.750%125,000.00 Multi-Bank SecuritiesFHLMC11/26/1411/26/191,7601.50 0%1.500%249,875.00 Multi-Bank SecuritiesNegotiable CD12/08/1412/08/153 110.500%0.500%125,000.00 Multi-Bank SecuritiesNegotiable CD12/25/1412/12/166 811.050%1.050%125,000.00 Multi-Bank SecuritiesFHLMC12/30/1412/30/191,7942.00 0%2.000%500,000.00 Multi-Bank SecuritiesNegotiable CD01/07/1501/07/191 ,4371.900%1.900%200,000.00 Total Investment Portfolio 20,922,835.66 $ Total Portfolio Weighted Avg Interest Rate0.821%Weighted Avg Yield to Maturity0.821%Weighted Avg Days to Maturity685 Days1.88 Years **Represents the LAIF daily rate at 1/31/15 COSTA MESA SANITARY DISTRICT Investment Portfolio January 31, 2015 6 Net PurchaseMaturityIntuitionInvestment CouponInvestme ntMarketAccruedGain/(Loss)Date Date Broker/Dealer Type Par Rate Cost Value Interest If Sold n/aContinuousLAIFPool8,370,217.57 $ 0.267%**8,370,217.57 8,370,217.57 - - n/aContinuousPershingSweep28,418.09 0.000%28,418.09 28,418.09 - - 08/07/1208/07/17E.J. De La RosaFHLMC1,000,000.00 1.000%1,000,000.00 999,910.00 4,833.33 (90.00) 10/18/1210/18/17E.J. De La RosaFNMA1,000,000.00 1.000%1,000,000.00 999,970.00 2,861.11 (30.00) 11/15/1211/15/17E.J. De La RosaFNMA1,000,000.00 1.000%1,000,000.00 1,000,290.00 2,111.11 290.00 12/28/1212/28/17E.J. De La RosaFHLMC1,000,000.00 0.950%1,000,000.00 999,170.00 870.83 (830.00) 02/22/1302/22/18E.J. De La RosaFHLMC1,000,000.00 1.150%1,000,000.00 1,000,520.00 5,079.17 520.00 02/28/1302/28/18E.J. De La RosaFHLMC1,000,000.00 1.100%1,000,000.00 1,000,620.00 4,675.00 620.00 03/27/1303/27/18E.J. De La RosaFHLMC1,000,000.00 1.130%1,000,000.00 996,570.00 3,892.22 (3,430.00) 05/15/1305/15/17UnionBancFNMA1,000,000.00 0.700%1,000,000.00 995,890.00 1,477.78 (4,110.00) 06/04/1306/04/18E.J. De La RosaFFCB1,000,000.00 1.250%1,000,000.00 1,000,050.00 1,979.17 50.00 06/26/1306/26/18E.J. De La RosaFHLMC1,000,000.00 1.400%1,000,000.00 1,001,670.00 1,361.11 1,670.00 06/06/1406/06/19Multi-Bank SecuritiesNegotiable CD1 00,000.00 2.000%99,500.00 99,640.00 295.89 140.00 07/02/1407/05/16Multi-Bank SecuritiesNegotiable CD1 00,000.00 0.650%99,825.00 99,797.00 51.64 (28.00) 07/24/1407/24/19Multi-Bank SecuritiesFFCB500,000.00 1.900%500,000.00 502,945.00 184.72 2,945.00 08/06/1408/06/19Multi-Bank SecuritiesFHLMC500,000.0 0 2.000%500,000.00 500,050.00 4,861.11 50.00 08/25/1402/25/16Multi-Bank SecuritiesNegotiable CD1 25,000.00 0.750%125,000.00 125,046.25 15.41 46.25 11/26/1411/26/19Multi-Bank SecuritiesFHLMC250,000.0 0 1.500%249,875.00 250,687.50 677.08 812.50 12/08/1412/08/15Multi-Bank SecuritiesNegotiable CD1 25,000.00 0.500%125,000.00 124,905.00 39.38 (95.00) 12/25/1412/12/16Multi-Bank SecuritiesNegotiable CD1 25,000.00 1.050%125,000.00 124,687.50 186.99 (312.50) 12/30/1412/30/19Multi-Bank SecuritiesFHLMC500,000.0 0 2.000%500,000.00 501,340.00 833.33 1,340.00 01/07/1501/07/19Multi-Bank SecuritiesNegotiable CD2 00,000.00 1.900%200,000.00 197,944.00 249.86 (2,056.00) Total Investments 20,923,635.66 $ 20,922,835.66 20,920,337.91 36,536.24 (2,497.75) **Represents the LAIF daily rate at 1/31/15 C O S T A M E S A S A N I T A R Y D I S T R I C T For all Maturities with Market Values January 31, 2015 7 Type ofPurchaseMaturityCouponInvestment Investment Date Date Rate Par Value Cost FHLMC08/07/1208/07/171.000%1,000,000.00 1,000,000.00 Callable 8/7/14 w/5 days notice, thereafter 1 1,2,5,8 FNMA10/18/1210/18/171.000%1,000,000.00 1,000,000.00 Callable 5/15/13 w/10 days notice, thereafter 8,11,2,5 FNMA11/15/1211/15/171.000%1,000,000.00 1,000,000.00 Callable 5/15/13 w/10 days notice, thereafter 8,11,2,5 FHLMC12/28/1212/28/170.950%1,000,000.00 1,000,000.00 Callable 12/28/13 w/5 days notice, monthly th ereafter FHLMC02/22/1302/22/181.150%1,000,000.00 1,000,000.00 Callable 8/22/13, w/5 days notice, thereafter 8,11,2,5 FHLMC02/28/1302/28/181.100%1,000,000.00 1,000,000.00 Callable 2/28/14, w/5 days notice, annually t hereafter FHLMC03/27/1303/27/181.130%1,000,000.00 1,000,000.00 Callable 3/27/15, w/5 days notice, thereafter 3,6,9,12 FNMA05/15/1305/15/170.700%1,000,000.00 1,000,000.00 Callable 5/15/14 w/10 days notice, qtrly ther eafter FFCB06/04/1306/04/181.250%1,000,000.00 1,000,000.00 Callable 9/4/13 w/5 days notice, anytime ther eafter FHLMC06/26/1306/26/181.400%1,000,000.00 1,000,000.00 Callable 3/26/15 w/5 days notice, thereafter 3,6,9,12 Negotiable CD06/06/1406/06/192.000%100,000.00 99,500.00 None Negotiable CD07/02/1407/05/160.650%100,000.00 99,825.00 None FFCB07/24/1407/24/191.900%500,000.00 500,000.00 Callable 7/24/15 w/5 days notice, anytime thereafter FHLMC08/06/1408/06/192.000%500,000.00 500,000.00 Callable 11/6/14 w/5 days notice, anytime thereafter Negotiable CD08/25/1402/25/160.750%125,000.00 125,000.00 None FHLMC11/26/1411/26/191.500%250,000.00 249,875.00 Callable 5/26/15 w/5 days notice, anytime thereafter Negotiable CD12/08/1412/08/150.500%125,000.00 125,000.00 None Negotiable CD12/25/1412/12/161.050%125,000.00 125,000.00 None FHLMC12/30/1412/30/192.000%500,000.00 500,000.00 Callable 3/30/15 w/5 days notice, anytime thereafter Negotiable CD01/07/1501/07/191.900%200,000.00 200,000.00 None Totals 12,525,000.00 $ 12,524,200.00 $ COSTA MESA SANITARY DISTRICT Call Schedule January 31, 2015 Call Features 8 Cost 50,136.76 In Thousands 1 - 180 Days8,398 $ 181 - 365 Days- 1 - 2 Years475 ##########6,562.50 2 - 3 Years 5,000 COSTA MESA SANITARY DISTRICT MATURITIES DISTRIBUTION January 31, 2015 30%40%50%60%70%40.14%23.90%24.85%6,562.50 2 - 3 Years 5,000 ##########3 - 4 Years5,200 4 - 5 Years1,850 TOTAL 20,923 $ 0%10%20%30%1 -180 Days 181 -365 Days 1 -2 Years 2 -3 Years 3 -4 Years 4 -5 Years 000000 0.00%2.27%8.84% 9 Costa Mesa Sanitary District Portfolio Interest Rate Information as of January 31, 2015 0.20%0.40%0.60%0.80%1.00%1.20%1.40%1.60%1.80%2.00%3 month T-Bill 6 month T-Bill 2 year T-Note 3 year T-Note 5 year T-Note CMSD-monthly LAIF-monthly OC Pool-monthly 0.00%10 Costa Mesa Sanitary District ... an Independent Special District Annual Health Benefit Broker Fees and Commission Di sclosure Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:9. ATTACHMENTS:Description Type Annual Health Benefit Broker Fees Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Denise Martinez, Interim Administrative Services Ma nager Date: February 26, 2015 Subject: Annual Health Benefit Broker Fee and Commi ssion Disclosure Summary As required by Section 1367.08 of the California He alth and Safety Code and Section 10604.5 of the California Insurance Code, the Costa Mesa Sanitary District must disclose any group health insurance premiums, fees, and comm issions paid to all agents, providers, and brokers. Staff Recommendation That the Board of Directors receive and file this r eport. Analysis Section 1367.08 of the Health and Safety Code A health care service plan shall annually disclose to the governing board of a public agency that is the subscriber of a group contract, the name and address of, and amount paid to, any agent, broker, or individual to whom t he plan paid fees or commissions related to the public agency's group contract. As part of t his disclosure, the health care service Board of Directors February 26, 2015 Page 2 of 4 plan shall include the name, address, and amounts p aid to the specific agents, brokers, or individuals involved in transactions with the publi c agency. The compensation disclosure required by this section is in addition to any othe r compensation disclosure requirements that exist under law. Section 10604.5 of the Insurance Code An insurer shall annually disclose to the governing board of a public agency that is the policyholder of a group health insurance policy, th e name and address of, and amount paid to, any agent, broker, or individual to whom t he insurer paid fees or commissions related to the public agency's group health insuran ce policy. As part of this disclosure, the insurer shall include the name, address, and amount s paid to the specific agents, brokers, or individuals involved in transactions with the pu blic agency. The compensation disclosure required by this section is in addition to any other compensation disclosure requirements that exist under law. Summary of Health Benefits CalPERS (California Public Employee Retirement Serv ices) administers and negotiates rates and coverage for all District medical plans. Services provided by CalPERS includes: plan design, negotiating with medical and pharmaceu tical carriers, developing and printing plan summaries, outlines and brochures, billing, cl aims processing, hosting an online database for enrollments and changes, participant a ppeals and grievances, website design and maintenance, and free workshops/seminars for employers, employees, and retirees. All non-medical health plans which include dental, vision, life, long-term disability, voluntary AD&D, and other individual plans such as cancer, and short-term disability are administered and/or brokered by SDRMA (Special Dist rict Risk Management Authority) and Aflac (American Family Life Assurance Company). Services provided by SDRMA and Aflac include: plan design options, negotiating ra tes and benefits with carriers, legal and compliance updates and advice, open enrollment supp ort, assistance with claims processing and resolution, free workshops and semin ars to staff. Although the District obtains non-medical health pl ans through SDRMA, the disclosure codes do not apply because the agency administers t he non-medical programs through the California State Associations of Counties Exces s Insurance Authority (CSAC-EIA Health); it does not contract directly with brokers or insurance carriers of the Health Benefit Programs. Agent, Broker or Individuals Paid in 2014 Board of Directors February 26, 2015 Page 3 of 4 Medical Broker/ Administrator Non-Medical Broker CalPERS Aflac 400 Q Street P.O. Box 15879 Sacramento, CA 94229 San Diego, CA 92175 Plan Year Broker Administrator Coverage Premiums Total Fees/ Commissions % of Premiums 2014 CalPERS Medical $ 93,752.23 $ 432.32 0.46% 2014 Aflac Non -Medical $ 12,687.04 $ 2,750.94 21.68% The 2013 CalPERS Total Fees/Commissions amount was $288.41 and the percentage of premiums was .45%. The higher 2014 amounts are due to increases in CalPERS medical insurance premium rates. The 2013 Aflac Total Fees/Commissions amount was $3 ,847.58 and the percentage of premiums was 35.81%. The lower 2014 amounts are du e to a reduced number of employee participants, which results in less commis sion. Strategic Plan Element & Goal Not applicable Legal Review Not applicable Environmental Review Disclosure and discussion of group health insurance premiums, fees, and commissions paid to agents or providers are administrative matt ers and not a disturbance of the environment similar to grading or construction and the discussion is not a project under CEQA or the District’s CEQA Guidelines. Financial Review The District paid a total of $106,439.27 in premium s for medical and non-medical expenses. Board of Directors February 26, 2015 Page 4 of 4 Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the February 26, 2015 Board of Directors regular meetin g at District headquarters and on District’s website. Alternative Actions 1. Direct staff to report back with more informatio n Costa Mesa Sanitary District ... an Independent Special District Resolution No. 2015-858 Authorizing the Disposition of District Assets Recommendation/Notes: Recommendation: That the Board of Directors approv es Resolution No. 2015-858. Item Number:10. ATTACHMENTS:Description Type Resolution No. 2015-858 Cover Memo RESOLUTION NO. 2015-858 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, AUTHORIZING THE DISPOSITION OF DISTRICT ASSETS. WHEREAS , California Health and Safety Code Section 6514 et seq. provides that the District may acquire real and personal property, which in th e judgment of the Board is necessary or proper to the exercise of its powers, WHEREAS , the Board may dispose of such real or personal pr operty that the Board finds is no longer required for the purposes of the District. NOW, THEREFORE , the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE and DETERMINE as follows: SECTION 1: That the General Manager and the Treas urer are authorized to dispose of those District assets that are designated in “Attachment A”. SECTION 2: That these assets will be disposed of by placing them on consignment with an Auction Company to obtain the highest value possibl e as determined by the market. PASSED AND ADOPTED by the Board of Directors of th e Costa Mesa Sanitary District at a regular meeting held on the 26th day of February 20 15. Michael Scheafer Robert Ooten President of the Board of Directors Secretary of the Board of Directors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA MESA SANITARY DISTRICT ) I, NOELANI MIDDENWAY, District Clerk of the Cost a Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2015-___ was duly and regularly passed and adopted by the said Board of Directors at a regular meeting thereo f held on the 26 day of February 2015. AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District this 26 day of February 2015. Clerk of the Costa Mesa Sani tary District RESOLUTION NO. 2015-858 ATTACHMENT A • (7) office chairs • (1) Easi File Cabinet 46.5”H x 27”W x 18“D • (1) Cherne Air Loc Air stringer brand new in box M odel 303-318 • (1) Allegro Air ventilator Gasoline/Briggs Stratto n 475 Series • (1) pop up canopy • (2) Diesel Yanmar 4” Trash pumps Total Number of items: 13 Costa Mesa Sanitary District ... an Independent Special District Refund to Mr. Scott Elliott-Brand at 250 Magnolia S treet Recommendation/Notes: Recommendation: That the Board of Directors approv e a refund in the amount of $461.97. Item Number:11. ATTACHMENTS:Description Type Refund to Mr. Elliott-Brand Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Wendy Hooper Davis, Finance Manager Date: February 26 , 2015 Subject: Refund of Sanitary Assessment Overpayment - 250 Magnolia St Summary The District’s assessment s charged on 250 Magnolia St , Costa Mesa has been incorrectly calculated based on the number of dwelling units for this residential property . The Operations C ode definition of ‘multifamily ’ with two (2) dwelling units was used to calculate the sewer and trash assessment charge instead of ‘s ingle f amily ’ with one (1) dwelling unit . Staff Recommendation That the Board of Directors approve a refund in the amount of $461.97 Analysis Attached is a request to the CMSD Board of Directors to refund incorrectly calculated District assessment fees charged on assessor’s parcel number 117 -212 -01 , located at 250 Magnolia Street, Costa Mesa. The Operations C ode definition of ‘multifam ily’ with two (2) dwelling units was used to calculate the sewer and trash assessment charge d instead of a ‘single family’ with one (1) dwelling unit. The property owner has been in contact with staff regarding a refund of excess amounts paid . The property owner has provided his request in writing for the Board to consider a refund , which is attached, hereto. Board of Directors February 26 , 201 5 Page 2 of 3 The District’s policy for refunds as stated in Chapter 9.02 of the Operations Code states: (a) “For all claims for refunds for sew er or trash service for which a special rule (set forth below) does not apply, refund procedures and time limitations will be governed by the Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to, the requirements that the cla imant present a written request for a refund from the Board within one year of the accrual of the cause of action. Refunds will be allowed if the claimant's request satisfies the procedures of the Tort Claims Act and if the claimant establishes that his or her claim is meritorious. (b) For amounts "paid under protest", refunds may be allowed for up to four years provided that the procedures of the Health and Safety Code and Revenue and taxation Code were followed. (See Health and Safety Code Section 5472; Revenue and Taxation Code Sections 5097 and 5140 et seq.) (c) Persons who have paid sewer service fees but who have received no service and have not been connected to the District's system shall be eligible for a refund depending on when the fees were col lected as follows: (1) If the fees were collected before January 1, 1992, there is no statute of limitations and the claimant may submit a claim for such amount that he can prove that he paid and for which he received no service. (2) If the fees were paid after January 1, 1992, a claim must have been filed within 1 80 days of the date of the payment.” In accordance with the District’s Operations Code and State Law, staff recommends the Board of Directors approve a partial refund of the fiscal y ear 201 3 -1 4 assessment in the amount of $230.84 . The current year assessments were submitted to the OC Tax Collector before the correction could be made therefore, staff is also requesting a partial refund of the fiscal year 2014 -2015 assessment i n the amount of $231.13 . The total amount to be refunded is $461.97 Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 5.0., Administrative Management , which states: “Objective: To create, maintain and implement policies and procedures to ensure sound management of the District.” “Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations.” Legal Review District Counsel concurs that the 201 3 -201 4 and 2014 -2015 District assessment should be refunded. District Counsel opines that since the statute of limitations ran on previous years, refunds of overpayments for years prior to 201 3 -201 4 could constitute a gift of public funds and should not be issued. Board of Directors February 2 6 , 201 5 Page 3 of 3 Environmental Review Consideration by the Board of Directors of whether a refund should b e made and determination of the length of time the refund applies are administrative matters and not a disturbance of the environment similar to grading or construction and the determination s are not a project under CEQA or the District’s CEQA Guidelines . Financial Review The partial refund for fiscal year 201 3 -1 4 and 2014 -15 in the amount of $461.97 would be paid from assessments collected in the current fiscal year . The tax roll will be corrected with the appropriate number of dwelling unit of ‘1’ and assessment code of ‘Single Family’ moving forward. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 26 , 2015 Board of Directors regular meeting at District headquarters and on District’s website. Alternative Actions 1. Direct staff to report back with more information Attachment A : Email dated November 14, 2014 from property owner Mr. Scott Elliot -Brand 1 Wendy Davis From:Wendy Davis Sent:Tuesday, January 27, 2015 3:22 PM To:Wendy Davis Subject:FW: 250 Magnolia From: Scott  Elliott ‐Brand  [mailto:raedere@gmail.com ]  Sent: Friday, November  14, 2014  8:38  PM  To: Scott  Carroll  Cc: Javier  Ochiqui  Subject: Fwd: 250  Magnolia Mr. Scott Carroll, Please see below for Javier Ochiqui’s detailed initial anal ysis of the issue but in a nutshell we have been over-charged for trash and sewer since we purchased our home almost 20 years ago in 1995. I plead ignorance because when you close on your new home no one does an inventory of your trash containers and tells you you have 2 too many. I just always thought we were s upposed to have 4 even though most weeks they went unused. And not to complicate matters but for the past few years we have had 3 regular containers and an organics container which I now unde rstand was also a mistake on the pa rt of the Costa Mesa Sanitation District. It was explained to me by Dyana Wick that for our area this program won’t commence until July 2015 and those containers will be pr ovided at no charge. The analysis below does not take this fact into consideration so a re-think on the numbers may be necessary but th e issue is a little more complicated than that. This only came to light because recently I request ed locking bins and the Unit A & B mistake was discovered. This is an error that is almost 20 years old, not 4. I’m not quite sure why the arbitrary 4 years statute but I would ask you to reconsid er when calculating our refund as it is only fair to consider the total money we are out of pocket. Failing that, for the 4 years I believe the trash containers we had available to use should be computed as 3 trash containers and one no-charge organics bin because it was NEVER used for household trash. We thought we were helping but eviden tly it was a waste of time and the organic waste was not being used for composting and mulchi ng. Maybe to make it simple and fair you can just give us a straight refund for the 2 containers we never ask for, never wanted, and didn’t use other than for unwanted by CMSD organic waste. And the sewer error, too, of course, but that one’s straightforward and not too complicated to compute. Thank you for your time. We would like to request a ref und of whatever amount you thi nk is fair and a ‘thank you’ to your fine staff for clearing up the mess and making sure our records are straight going forward. Best, Scott Elliott-Brand 250 Magnolia Street Costa Mesa, CA 92627 (949) 350-5453 (Scott - This is my m obile, if you feel it is necessary to talk further about the issue.) Costa Mesa Sanitary District ... an Independent Special District Approving the Sales of Composting Bins at a Discoun t Recommendation/Notes: Recommendation: That the Board of Directors contin ue promoting the Composting Bin Program by offering said bins at a discounted price of $30.00 per bin. Item Number:12. ATTACHMENTS:Description Type Approving the Sale of Composting Bins at a Discount Cover Memo Protecting our community's health and the environment b y providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Javier Ochiqui, Management Analyst Date: February 26, 2015 Subject: Approving the Sales of Composting Bins at a Discount Summary In 2010, the Costa Mesa Sanitary District received a grant from OC Waste & Recycling to promote solid waste reduction and education. Par t of that grant was used to purchase compost bins at retail price and sell them at a discount to the public. OC Waste & Recycling agreed since it was used to promo te and encourage waste reduction and composting in Costa Mesa. However, on ce the grant ended, CMSD decided to budget for the purchase of additional co mpost bins from its operational budget. Since staff was not sure if this constitut ed a “gift of public funds,” staff is providing the Board with a legal opinion. Staff Recommendation That the Board of Directors continue promoting the Compost Bin Program by offering said bins at a discounted price of $30.00 per bin. Analysis Article 16, Section 6 of the California State Const itution states that municipalities shall not have the, “4power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, m unicipal or other corporation4” unless it’s in the public’s interest to do so. Board of Directors February 26, 2015 Page 2 of 4 According to our District Counsel, purchasing compo st bins at retail price and selling them at a discount to the public does not constitut e a “gift of public funds” since its used to promote and encourage waste reduction and c omposting. The District currently offers two types of bins: • Dual Chamber Composting: $30.00 • Model 16 – Vermicomposter: $30.00 Composting is the process of helping nature speed u p the decomposition of green waste materials into compost. When used as a soil a mendment, compost enriches the soil, increases soil structure, balances pH, and in creases water retention. The basics of composting is placing green waste into an enclos ure, adding water and turning the material periodically. Nature does the rest. Vermicomposting or composting with worms uses red w orms to break down kitchen scraps into vermicomposting, commonly known as cast ings. The castings are a great organic fertilizer that can be used on house plants as well as garden beds. The District pays about $60-$90 apiece, depending o n how many we purchase plus freight. The less we order the more we pay per bin and freight. In turn, the District sells the bins for $30.00 apiece to CMSD residents. Below are the type and cost of bins that local retailers provide: Home Depot • Bosmere Garden Compost Bin: $141.99 • Backyard Composter: $99.95 • Suncast Tumbling Compost Bin: $80.99 Lowe’s • Compost Wizard: $162.54 • Compost Wizard Tumbler: 216.78 • Exaco Stationary Bin Composter: $139.98 As you can see, CMSD offers compost bins for a frac tion of the cost to encourage composting and waste reduction. This program allows adults and children of all ages to continue to learn about composting, recycling, a nd conservation efforts. CMSD hopes that they will apply these principals for lif e and become good stewards of the environment. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 2.0, Solid Waste, which states: “Objective: Our objective is to manage the collection and recyc ling of residential trash in the most economical and environmentally friendly way.” Board of Directors February 26, 2015 Page 3 of 4 “Strategy : We will do this by looking for ways to improve ef ficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review The law does not allow the District to pay public m oney for a private purpose, even if it appears to be a “good cause”. This might be conside red a gift of public funds. However, the law does allow the use of public money if a public purpose exists in the expenditure, whether primary or secondary. Here the subsidizing of compost bins furthers the District’s goals to reach 100% recycli ng. By encouraging composting, you are encouraging recycling and reducing what is tran sported to the landfills, which saves the District money. The District must not only be careful not to make a gift of public funds, but as a special district must be sure that the expenditure is withi n our enumerated powers. The Sanitary District Act of 1923 provides that the District may maintain and operate garbage collection and disposal works and other san itary disposal systems. (H & S C 6512) We are specifically allowed to collect waste and garbage. (H & S C 6518.5) We are authorized to make and enforce laws relating to the removal of garbage, and other sanitary purposes not in conflict with laws of the state. (H & S C 6521) Finally, we are authorized to do any act necessary or proper to the complete exercise and effect of any of its powers or for the purposes for which it was formed. (H & S C 6522) The District must do its part under the Integrated Waste Management law. (Public Res Code 40000 et seq.) Part of that is source reductio n (41050), another involves recycling (41070) and another involves education ab out composting. (41220) That section provides that a component of the integrated waste management plan must include education and public information about comp osting. The District, as the provider of residential trash collection services i s within its incidental powers in providing discounts to encourage composting. Nevert heless, the Courts will only provide deference to this judgment if the Board of Directors makes the determinations that these expenditures are proper. Therefore it is recommended that the Board make fin dings that subsidizing the cost of compost bins to educate the patrons of the District and provide source reduction of waste will be within the District’s powers and will serve a public purpose. Environmental Review The District’s program of providing compost bins ha s previously been found to be exempt from CEQA since it is not a disturbance of t he environment. The purpose of the program is to reduce solid waste being taken to landfills in an effort to improve the environment. The consideration of whether the Dist rict can subsidize the cost of the bins is also exempt from CEQA as the decision will not create an impact on the environment. Board of Directors February 26, 2015 Page 4 of 4 Financial Review For Fiscal Year FY 2014-2015, the District budgeted $30,000 for the purchase of both compost and vermicomposting bins. Below is the budg et breakdown: • The Dual Chamber Composting: $68.00 each (240 unit s cost $16,320) • Model 16 – Vermicomposter $72.00 each (121 units c ost $8,712) $16,320 + $8,712= $25,032. To date, all bins have b een sold. CMSD staff will monitor this program to ensure that the program is within b udget. Public Notice Process Copies of this report are on file and will be inclu ded with the complete agenda packet for the February 26, 2015 Board of Directors meetin g at District Headquarters and posted on the District’s website. Reviewed by: Wendy Davis Finance Manager Costa Mesa Sanitary District ... an Independent Special District City of Costa Mesa Invoice for Raised Manholes Recommendation/Notes: Recommendation: That the Board of Directors approv es paying the City of Costa Mesa $168,211 because the statute of limitations for bre ach of written contract is four years in accordance with California Code of Civil Procedures Section 337 and to do otherwise might be considered a prohibited gift of public funds. Item Number:13. ATTACHMENTS:Description Type City of Costa Mesa Invoice for Raised Manholes Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: February 26, 2015 Subject: City of Costa Mesa Invoice for Raised Manh oles Summary Recently, the District received an invoice from the City of Costa Mesa for raising manholes during street resurfacing projects. The invoice is for a period of eight years from 2006 through 2013 in the amount of $284,414.78. Staff Recommendation That the Board of Directors approves paying the Cit y of Costa Mesa $168,211 because the statute of limitations for breach of written co ntract is four years in accordance with California Code of Civil Procedures Section 337 and to do otherwise might be considered a prohibited gift of public funds. Analysis When the City of Costa Mesa is in the planning phas e for street resurfacing and/or rehabilitation, officials will ask District staff i f we want the City’s contractor to raise manholes as part of the project. Sometimes it is more cost effective and improves on logistics by having the City’s contractor raise manholes because the contractor is already mobilized and on site to perform the work. If the District raises manholes it would require staff to solicit bids, enter into an agreement with a contractor and then coordinate the work with the City’s contractors. Board of Directors February 26, 2015 Page 2 of 3 The District signs off on the City plans by filling out a form that signifies District approval to have the City raise manholes in the project area an d then invoice the District for services rendered. Even though this is not a standard agree ment used by the District, filling out the form is still considered a contract agreement betwe en the City and the District. The original invoice indicated that from 2006-2013 the City’s contractor raised 754 manholes at a cost of $284,415 or $377.20 per manhole. Dist rict staff reviewed construction plans, sewer atlas and visited manhole sites and determine d 691 manholes were raised during the eight year period. The City did not object and the refore sent the District a revised invoice for $259,144.94, which is $375 per manhole. According to California Code of Civil Procedure Sec tion 337, within four years an entity or person may recover a balance due upon a contract or other obligation set forth in writing. If the District were to pay an amount beyond the statu te of limitations it might be considered a gift of public funds. Therefore, staff believes time has run out for the City to recover costs that occurred from 2006 through 20010. From 2011 through 2013, the Ci ty raised 446 manholes at a total cost of $168,211 or $377.15 per manhole. The City did n ot invoice the District for manholes raised in 2014. When the District hires contractor s to raise manholes the cost per manhole varies from $300 to $556. Staff believes t his amount of $168,211 is owed to the City. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 1.0 and with Strategic Element 3.0 Partnership and Strategic Goa l 3.2, strengthening our ties with local governments, special districts and educational inst itutions. Strategic Element 1.0 Sewer Infrastructure Objective: Our objective is to collect and transport wastewate r to meet the needs of existing and future customers. Strategy: We will do this by the careful management of the co llection infrastructure using prudent planning and maintenance, with financial st rategies to maintain sufficient capacity and respond to changing regulatory demands. Legal Review The statute of limitations for obligations based on a contract or other written obligation is four years. Beyond that time period the amount is n ot legally owed. If the District were to pay beyond the statute of limitations period, we mi ght be making a gift of public funds. Board of Directors February 26, 2015 Page 3 of 3 Environmental Review Adjusting sewer manholes to grade during a city str eet improvement project is a minor alteration and is categorically exempt under the Ca lifornia Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq .) under Section 15301 as a “Class 1” project as stated under 15301 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or min or alteration of existing public or private structures, facilities @ 15301(b) “Existing facilities of both investor and publicly-owned utilities used to provide electric p ower, natural gas, sewerage, or other public utility services“. Financial Review This cost is not budgeted and therefore staff recom mends budgeting the $168,211 in the 2015-17 budget and then remit payment to the City o n July 1, 2015. However, if the Board wants to pay the City in this fiscal year, the Boar d will need to appropriate the money from the Liquid Waste Fund Balance or retained earnings. There are sufficient funds in both accounts to appropriate the money in FY 2014-15 Bud get. Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the February 26, 2015 Board of Directors regular meetin g at District headquarters and on District’s website. Alternative Actions 1. Pay the City of Costa Mesa the full invoice amou nt of $259,144.94. 2. Do not pay anything to the City of Costa Mesa fo r raising manholes. Costa Mesa Sanitary District ... an Independent Special District Recent Meeting with City of Costa Mesa Officials Re garding Hydraulic Leaks from Refuse Trucks Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:14. ATTACHMENTS:Description Type Meeting with City of Costa Mesa Officials Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: February 26, 2015 Subject: Recent Meeting with City of Costa Mesa Off icials Regarding Hydraulic Leaks from Refuse Trucks Summary On January 23 rd , Secretary Ooten and staff met with City of Costa Mesa officials to discuss preventing hydraulic leaks from refuse truc ks as well as reviewing clean up procedures when hydraulic leaks do occur. The Boar d requested staff to report back from this meeting. Staff Recommendation That the Board of Directors receive and file the re port. Analysis City officials are concern about the effects hydrau lic leaks from refuse truck have on city streets and alleyways. Hydraulic leaks from commer cial refuse trucks, otherwise known as front loaders, are handled by the City’s Public Ser vices Department through its non-exclusive waste hauling franchise permit program. Hydraulic leaks from residential refuse trucks, otherwise known as side loaders, are handled by Dis trict staff through its exclusive franchise agreement with CR&R Environmental Services. Board of Directors February 26, 2015 Page 2 of 3 The District shared with the City the two significa nt hydraulic leaks from CR&R that occurred on Magnolia alley/Tustin Avenue/Broadway on January 28, 2014 and on Congress Street on March 4, 2014. After these incidents District staf f met with CR&R management to discuss their cleanup procedures as well as implementing ne w procedures for removing stains. If there is a rupture in a hydraulic hose or storag e tank than a warning light will go off in the cab, but if a leak is caused by a minor alteration to a piece of machinery then there is not enough pressure to warn the driver. The drivers ar e train to continually look in their rear view mirrors for possible leaks and if they see the ir truck is leaking fluid they must stop immediately to contain the spill and then report it to their supervisor. In every cab are absorbents that are applied to liquids on streets a nd alleys by CR&R drivers. The refuse truck will cease operations while a maintenance cre w and cleanup crew from CR&R are dispatched to the scene. If the hydraulic leak can not be repaired at the site the truck will be towed for repair and a replacement truck will take over collecting refuse. After the material is absorbed, a cleanup crew will start pressure washing and scrubbing the street or alley to remove the stain. Storm drains a re blocked to prevent soap and water from entering the waterways and then the water is vacuum ed. For street stains CR&R will pressure wash and scrub only once because when chem icals and water come in contact with asphalt the surface will begin to break down d ue to the liquid asphalt binder, which is the “glue” of the pavement, and begins to lose its natural resistance to water, allowing it to penetrate into and underneath the pavement. Once th is happens, the surface can quickly fall prey to a number of different types of deterio ration. In a few years a pot hole can occur at the location where the worker was trying to remo ve the stain with a pressure washer and scrub brush. To prevent potholes and help give streets a fresh look, CR&R will apply a fog seal to the pavement, which is a light applic ation of emulsified asphalt. City officials have agreed to allow CR&R to apply fog seals on asp halt streets. Since the last significant hydraulic leak on March 4, 2014, CR&R’s residential refuse trucks have not experienced any further leaks that staff is aware of. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 2.0, Solid Waste, which states: Objective: Our objective is to manage the collection and recyc ling of residential trash in the most economical and environmentally friendly wa y. Strategy: We will do this by looking for ways to improve effi ciencies, achieve high customer satisfaction, and considering prudent new recycling methods. Legal Review Not applicable Environmental Review Board of Directors February 26, 2015 Page 3 of 3 The repair of hydraulic leaks on trash collection v ehicles is considered maintenance of the vehicle and maintenance is categorically exempt und er the California Environmental Quality Act (CEQA) (Public Resources Code Section 2 1000 et. seq.) under Section 15301 as a “Class 1” project as stated under 15301 Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or min or alteration of existing public or private structures, facilities, mechanical equipmen t, . Financial Review There are no financial impacts to the District Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the February 26, 2015 Board of Directors regular meetin g at District headquarters and on District’s website. Alternative Actions 1. Direct staff to report back with more informatio n. Costa Mesa Sanitary District ... an Independent Special District Establish an Ad Hoc Committee for Review of Distric t Polices and Administrative Regulations Recommendation/Notes: Recommendation: That the Board of Directors considers appointing tw o Board members to serve on the Ad Hoc Committee. Item Number:15. ATTACHMENTS:Description Type Establish an Ad Hoc Committee Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: February 26, 2015 Subject: Establish an Ad Hoc Committee for Review o f District Policies and Administrative Regulations Summary The Board is requesting a review of District Polici es and Administrative Regulations to ensure the District is in compliance with state and federal mandates. Staff Recommendation That the Board of Directors considers appointing tw o Board members to serve on the Ad Hoc Committee. Analysis The Board is requesting a review of District Polici es and Administrative Regulations to ensure the District is in compliance with state and federal mandates. Due to the many policies and regulations adopted by the District st aff believes it will be better time spent if an ad hoc committee is created that consisted of tw o Board members. The ad hoc committee would meet monthly to review e xisting policies and regulations and discuss revisions as well as new policies to consid er. A Board member on the committee can report back to the entire Board during study se ssions regarding the progress being made. Any existing or new policy that needs to be a pproved by the Board will be brought Board of Directors February 26, 2015 Page 2 of 2 forward for approval consideration. Staff believes the committee will exist for up to six months. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 5.0, Administrative Management, which states: Objective: To create, maintain and implement policies and proc edures to ensure sound management of the District. Strategy: We will conduct periodic reviews, refine and implem ent policies and procedures, and assure the General Manager has the direction an d tools necessary for successful District operations. Legal Review Not applicable Environmental Review Establishment of an ad hoc committee to discuss pol icies and administrative regulations is an administrative matter and is not a disturbance o f 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 for establishing an ad hoc committee; however, future policies and/or regulations the committee is recomm ending for adoption may have a financial impact to the District. Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the February 26, 2015 Board of Directors regular meetin g at District headquarters and on District’s website. Alternative Actions 1. Do not approve the ad hoc committee and direct s taff to schedule a special meeting to review and discuss District policies and adminis trative regulations. 2. Direct staff to report back with more informatio n. Costa Mesa Sanitary District ... an Independent Special District 151 Kalmus Drive Sanitary Sewer Overflow – Status U pdate (Oral Report) Recommendation/Notes: Recommendation: That the Board of Directors receive the oral report and provide direction if necessary. Item Number:16. Costa Mesa Sanitary District ... an Independent Special District General Manager Performance Evaluation Recommendation/Notes: Recommendation: That the Board of Directors: 1. Receive and file General Manager’s 2014 perf ormance goals and District achievements; 2. Direct President Scheafer to negotiate an an nual salary adjustment for the General Manager. Item Number:17. ATTACHMENTS:Description Type General Manager's Performance Evaluation Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From : Scott Carroll, General Manager Date: February 26 , 2015 Subject: General Manager Performance Evaluation Summary Annually , t he Board reviews my performance goal s along with District accomplishment during the past year. This report summarizes the goals I achieved and accomplishments made by the District in 2014. Staff Recommendation That the Board of Directors: 1. Receive and file General Manager’s 2014 performance goals and District achievements; 2. Direct President Scheafer to negotiate an annual salary adjustment for the General Manager. Analysis On July 24, 2014, the Board of Directors assigned fifteen goals for me to achieve in 2014. Of the fifteen goals, eleven goals are completed, one goal is partiall y completed and three goals are not completed. Attachment A is a list of my goals along with a brief description of the status for each goal. The following are the three goals that were not completed. • N ot meeting Santa Ana Regional Water Quality Control Board average SSOs per 100 miles. In FY 2013 -14 the average SSO per 100 miles is 0.80 while the District ’s average is 1.34. • Did not reduce hotspot locations to less than 30 locations; however, this is a two year goal in which achievement must be made by January 1, 2016. Currently, the District has 36 hotspot locations. Board of Directors February 26 , 201 5 Page 2 of 3 • Did not prepare and/or revise the Strategic Plan for another five years (2015 -2020). On February 24, 2015, the Board and staff had its first meeting t ogether on revising the Strategic Plan for the next five years. The goal that was partially completed is reducing energy costs at the pump stations. An energy audit was not per formed on the pump stations, but I did select a new rate schedule that will save the District nearly $3,000 a year in energy costs. Attachment B is a report on the District accomplishments in 2014. I believe we had another extraordinary year full of signi ficant accomplishments. Below are some of the significant accomplishments achieved by staff in 2014. • Implemented CMSD smartphone App called Gocmsd. • Implemented an electronic agenda management software that creates well organized and easy -to -use paperless meeting agendas. • Developed a pilot alkaline battery recycling program as a fund raiser for schools. • Successfully negotiated an organics recycling program with CR&R Environmental Services. • Secured grant funds from CalRecycle for household hazardous waste c ollection program in the amount of $48,281 • Accepted credit card transactions at HQ • Awarded Excellence in Financial Reporting for the third consecutive year from Government Finance Officers Association. • Installed emergency equipment at Canyon, Victoria, Men doza and Elden Pump Stations. • Replaced Mendoza force main. • Replaced corroded piping and valves at Corp Yard and 21 st Street Pump Stations. • Reaccredited for District of Distinction. • Created a Facebook page. • Successfully performed shared services with Orange County Sanitation District, City of Costa Mesa, and Irvine Ranch Water District. • Developed a Coaching/Mentoring Program for staff. • Developed and implemented a private pump station inspection program. • Successfully reduced hydrogen sulfide levels at South C oast Plaza • Completed Phase 1 for the Manhole Inspection Program. Strategic Plan Element & Goal This item complies with the strategy and objective to Strategic Element 6.0 Personnel/Organizational Management, which states: Objective: To employ and retain a high quality, motivated workforce. Board of Directors February 2 6 , 201 5 Page 3 of 3 Strategy: We will do this by utilizing sound policies and personnel practices, offering competitive compensation and benefits, providing opportunities for training, development and professional gr owth, while ensuring a safe and secure workplace. Legal Review Not applicable. Environmental Review Consideration by the Board of Directors of the compensation paid to the District’s General Manager 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 The financial impacts are unknown until the Board approves 2015 performance goals. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 26 , 2015 Board of Directors regular meeting at District headquarters and on District’s website. Alternative Actions 1. Direct staff to report back with more information Attachment s A : 2014 General Manager Goals B: 2014 District Accomplishments Report Attachment A 2014 General Manager Goals 1. Assess the pump stations current energy usage and perform an energy audit to find ways on reducing energy costs at the pump stations. PARTIALLY COMPLETE: Selected Southern California Edison Time -Of -Use (TOU) rates for eligible lift stations that will save approximately $2,940 a year in energy costs. 2. Develop a coaching and/or mentoring program for staff. Present program to the Board. COMPLETE: Program was presented to the Board at their December 9 th Study Session. Currently there are six employees participating in the program. 3. Implement wireless capabilities for field staff by January 1, 2015 . The maintenance staff will be able to access GIS and Computerized Maintenance Management System from the field by using computer tablets. The technology will also enable the division to capture data related to performance measurements. COMPLETE: Microsoft Surface Pro 3 tablet s are installed in the following vehicles: Maintenance supervisors, crane truck and the sewer combination t ruck. The maintenance supervisor is currently utilizing his tablet while the maintenance crew recently received training on the technology. 4. Create a professional development plan that will help achieve career goals. For instance, b ecome an International City/County Management Association (ICMA) Credentialed Manager Candidate. COMPLETE: Submitted an application to be a Credentialed Manager Candidate from ICMA. As a candidate I will be focusing my education on economic development and labor relations. In addition, I am reading more learning books about leadership. I recently finished “Serve to Be Great” by Matt Tenney and I currently reading “All In” by Adrian Gostick and Chester Elton. 5. Submit to the Board a plan for assessing current working conditions of private sewer pumping stations. After obtaining Board feedback, implement the program and report back to the Board the results of the program. Attachment A COMPLETE : On September 16, 2014, I presented to the Board the revised flyer for the program, o btained feedback from the Board and then mailed letters, along with the flyer, to 26 private property owners about the District’s private pump station inspection program. As to date, 4 private property owners received a courtesy inspection from CMSD staff . 6. Post the Transition Plan for the Organics Recycling Program on the District’s website by October 2014. Include the schedule when the organic carts will be delivered and contact information for questions and/or request for exemptions and/or returning m ixed waste carts. Include a description of the program on the website and Frequently Asked Questions including all pertinent data needed by our residents to explain the program and the program goals. COMPLETE: At the end of November, a new page on the website was created that is dedicated to the Organics Recycling Program. The Organics Recycling page includes a colored map showing when and where organic carts will be delivered, Frequently Asked Questions, Town Hall meeting presentations, i nformation about kitchen pails , compostable bags and exemptions, links to organics recycling programs in other jurisdictions and website links to CalRecycle and EPA about organics recycling. The District web page is the best one stop shop for information about organics recycling. 7. Meet the Santa Ana Regional Water Quality Control Board average SSOs per 100 miles. NOT COMPLETE: In FY 2013 -14, Region 8 had 133 SSOs. There is 16,505 miles of sewer mainline in Region 8, so the average SSO p er 100 miles in Region 8 is 0.80 SSOs. That same fiscal year CMSD had 3 SSOs. CMSD maintains 224.2 miles of mainline, so the average SSO per 100 miles for CMSD is 1.34 SSOs. The following is the formula for calculating SSO per 100 miles. = # of SSOs per Year x 100 miles Total miles of pipe maintained Attachment A 8. Develop a plan to reduce hotspots to less than 30 locations and identify a feasible number of permanent hotspots. This goal must be achieved by January 1, 2016. NOT COMPLETE : This goal has another year to complete and will be completed in 2015. Currently, CMSD has 36 hotspot locations. 9. Present a Grade 4 repair plan to the Board that includes phases and anticipated year of completion. COMPLETE: On December 18, 2014, the Board received a strategy. Of the 1,593 Grade 4s, staff recommended concentrating rehabilitating 914 structural pipe sections. Staff believes the remaining 679 Grade 4s are maintenance deficiencies, which can be mitigated by an inc reased cleaning frequency. Staff gave the Board five options to consider , which included repairing 914 Grade 4s in five years. The Board directed staff to bring this item back for discussion on February 10, 2015. 10. Explore more opportunities for shared s ervices with other public agencies. COMPLETE : The District and OCSD shared services for human resources and risk by having a professional HR staff from OCSD work at CMSD HQ to perform human resources and risk functions. In additio n, I reached out to the City of Huntingt on Beach to strategize implement a Purchasing Cooperative Pilot Program where both agencies will conduct joint bidding on sewer related projects. Unfortunately, this program did come to fruition because of timing issues for construct ion projects. CMSD u tilized IRWD CCTV crew to video sections of CMSD’s pipes and CMSD is now sharing an engineer from OCSD to serve as CMSD’s Alternate District Engineer. 11. Begin preparing and/or revising the Strategic Plan for another five years (2015 -2020). NOT COMPLETE : The Strategic Plan ends in 2015. The first meeting for planning the 2015 -2020 Strategic Plan occurred on February 24, 2015. 12. Prepare a monthly Sewer Lateral Assistance Program (SLAP) report to the Board that includes program expenditures to date and the current balance. Attachment A COMPLETE : A report is presented to the Board every month on the Consent Agenda of the Board’s regular monthly meetings. 13. Continue working on emergency preparedness for all staff and the Board of Direc tors. Inform the public what the District is doing to prepare for emergencies. COMPLETE : On August 25 , 2014, the Board went on a tour of WEROC’s Emergency Operations Center (EOC) located at the El Toro Water District’s Prothero Filtration Plant in Mission Viejo. A separate page was created on the District’s website that describes to the public how CMSD is preparing for emergencies and/or natural disasters. The page can be found in the “Programs” header. 14. Develop a public relat ions program for Organics Recycling. Include all possible methods to notifying the public about organics recycling and include the costs associated with the methods. Present the program to the Board and seek feedback and direction. COMPLETE : This goal was presented to the Board on September 16, 2014. Staff presented a list of promotional items that included: • One Person’s Trash Newsletter • District Website • District Facebook page • Mesa Water Bill Inserts • Robo calls • KOCI 101.5 FM Radio • Door Hangers • Magnets Staff presented a cost ($16,500) to implement the promotional items above and received feedback from the Board on how to proceed. In addition, CMSD created a “how to” video regarding the District’s organics recycling program. The video describes how to u se the kitchen pail, the type of materials collected, when to place the cart out for collection and what happens to the material after its collected. 15. Develop a program that will allow non -profit groups to rent District generators as a sponsorship contribu tion for the event. Develop criteria to rent District generators and a form for non -profits to complete. Attachment A COMPLETE: A proposed sponsorship application along with criteria for renting CMSD mobile generators was prese nted to the Board on November 20 , 2014. The Board approve d the contribution application and criteria and said application can now be downloaded from CMSD’s website in the “Contact Us” header. Costa Mesa Sanitary District YEAR END ACCOMPLISHMENTS Protecting our community’s health and the environment by providing solid waste and sewer collection services. 2014 Attachment B This annual report reflects the accomplishments made in 2014 by a small group of dedicated and extraordinary people that are committed to protecting the community’s health and the environment. I am honored to work alongside devoted professionals at the Costa Mesa Sanitary District and I am proud to be a part of an organization that is considered a premiere special district in California. The Costa Mesa Sanitary District will face new challenges in the upcoming years, but with clear strategic goals and support from the Board of Directors this organization will continue being a leader in good governance. I hope you enjoy reviewing this report. Respectively, Scott Carroll Scott Carroll General Manager WELCOME President Jim Ferryman Vice President Mike Scheafer Secretary Art Perry Assistant Secretary Robert Ooten Director Arlene Schaefer Board of Directors DISTRICT CLERK The District Clerk’s Office continues to make great strides to bringing the latest technology for document management, citizen inquiries and agenda preparation. The District Clerk has transitioned this office into a highly professional and relied upon department that has achieved notable accomplishments such as:  Implemented CMSD smart phone App called “Gocmsd”.  Implemented an electronic agenda management software that creates well organized and easy -to -use paperless meeting agendas.  Digitally imaged and imported all CMSD contracts on the website.  Became a Certified Municipal Clerk (CMC) from the International Institute of Munic ipal Clerks.  Served as the election official for the 2014 election.  Obtained Board Secretary/Clerk Certificate from California Special Districts Association (CSDA) BY THE NUMBERS • 9 Codified Ordinances & Resolutions • Responded to 10 Public Records Requests • 201 public request using CMSD’s smart phone App, GoCMSD. • Scanned, indexed and quality controlled over 30,000 images. • 209 hours spent on professional development. • Opened and recorded 13 public bids. • Prepared and organized 34 Board agendas and relat ed documents • Filed 13 Statement of Economic Interests – Form 700 before the filing deadline. SO LID WASTE The Solid Waste Department had a busy year in 2014. New and innovative programs were approved that will reduce greenhouse gases, expand the lifespan of landfills and protect the environment. A number of significant accomplishments were completed, including:  Developed a pilot alkaline battery recycling program as a fund raiser for schools. The pilot program became permanent and available to all CMSD schools.  Co -sponsored a Household Hazardous Waste (HHW) Collection Event at Orange Coast College.  Prepared 2 nd Amendment to Exclusive Franchise Agreement with CR&R Environmental Services.  Conducted an annual performance audit of CR&R Environmental Services.  Created an Organics Recycling page on the website  Prepared an amendment to Operations Code pertaining to Trash Regulations and Recycling as it applied to the Organics Recycling Program.  CMSD is now an active participant on the City of Costa Mesa’s Development Review Committee.  Partnered with the City of Costa Mesa Fire Department for sharp container distribution program.  Redesigned the newsletter, “One Person’s Trash.”  Secured grant funds from CalRecycle in the amount of $48,281. The grant will help fund the HHW collection event in 2015. BY THE NUMBERS • 14,772 Large item collections • 94 Composting bins sold • 40 Vermicomposting bins sold • 32,800 pounds of HHW collected • 429 Warning notices issued by code enforcement • 27 Composting workshops • 4,253 pounds of alkaline batteries collected • 5,028 Christmas trees collected • 18 Door -to -door HHW collections • 33 School presentations FINANCE The Finance Department monitored the expenditures and revenues for an $11 million dollar budget to ensure the District is meeting its service objective s. In addition, Department supervises the permit office to ensure the District is receiving the appropriate revenues. The significant accomplishments achieved by Finance are as follows:  Board approved agreement to upgrade the existing financial software.  Accepting credit card transactions in the lobby at HQ.  Completed the Comprehensive Annual Financial Report (CAFR) ending June 30, 2014.  Awarded GFOA’s Excellence in Financial Reporting Award for the third consecutive year.  Board approved revision of parameters and budget limit for the Sewer Lateral Assistance Program (SLAP).  Solid Waste and Liquid Waste Funds ended in a surplus for the 2013 -14 fiscal year.  Received Unqualified (Clean) audit opinion from independent auditor.  Successfully transition ed the permits office into the Finance Department. BY THE NUMBERS • 46 Purchase Orders issued • 565 Sewer permits issued • 47 Credit card transactions • 383 Pay checks issued • 1,257 Accounts payable checks issued • $0 Debt • $166,704 reimbursed to residents for SLAP • 48 SLAP applications in process ENGINEERING & INSPECTION Engineering is responsible for the planning and construction of sewer infrastructure. In addition, Engineering provides expert opinion and assistance to the Maintenance Department regarding sewer hot spots and pump station operations. Inspection is responsible for making sure construc tion work is performed to industry standards. Major accomplishments for 2014 include:  Completed Project #196 -A – installed permanent by -pass pumps at Elden, Victoria and Mendoza Pump Stations.  Completed Project #196 -B – installed permanent emergency genera tor at Canyon Pump Station.  Completed Project #197 – repairing 58 line segments.  Completed Project #200 -A – replacing Mendoza force main.  Project #204 – awarded contract to repair 100 manhole covers. Cost: $87,349.  Successfully sponsored a SLAP seminar fo r private plumbers.  Replaced corroded piping and valves at Corp Yard and 21 st Street Pump Stations.  Successfully installed new valves at Elden Pump Station.  Installed full length CIPP lining at Fullerton/Walnut Street, Brentwood Place, Golf Course Drive and Carnegie/Bucknell.  Conducted a flow test at Elden & 21 st Street Pump Stations. The test determined that 21 st Street does not need bypass operations or an emergency generator. BY THE NUMBERS • 2,017 Inspection hours. • 2,001 Engineer hours. • Administered 7 Capital Improvement Projects (CIP). • 181 Plan check hours ADMINISTRATION Administration includes the General Manager’s Office, personnel, risk management, emergency preparedness, front office, IT, and facilities maintenance. A variety of accomplishments were achieved in Administration, such as:  Successfully promoted the District’s 70 th Anniversary.  Recruited and filled four open positions.  Received Special District Governance award from Special District Leadership Foundation.  Reaccredited for District of Distinction.  Successfully performed shared services with Orange County Sanitation District, City of Costa Mesa and Irv ine Ranch Water District.  Developed a Coaching/Mentoring Program for staff.  Performed emergency fueling exercise.  Purchased 6 mobile generators to provide backup power at sewer pump stations.  Performed an ergonomics assessment at HQ and the Yard.  Completed exterior lighting improvements at HQ.  Created a Facebook page for CMSD.  Revised Employee Handbook and Administrative Regulations.  Developed an application for CMSD’s Contribution Program and Generator Use Agreement.  Recommended three levels for health ben efit contribution that includes an employee plus one dependent.  Installed wireless tablet in supervisor’s truck. BY THE NUMBERS • 1 Work related injury. • 91 Employ ment applications received per vacancy. • 24 Safety training sessions. • 3 Awards received for excellence. • Participated in 11 special events. SEWER MAINTENANCE The Sewer Maintenance Department is responsible for ensuring the District’s sewer system is operating at its optimum level. The Department is committed to preventing sewer san itary overflows (SSO) and protecting the environment. Significant Accomplishments achieved by the Department are as follows:  Created and filled a new position, SCADA Technician/Industrial Electrician.  Installed additional smart covers at 10 pump stations.  Successfully installed new pumps at South Coast Plaza Pump Station.  Completed Phase I for the Manhole Inspection Program.  Updated SCADA to generate hourly reports.  Acquired composite manhole covers and rings.  The District’s Pumps Station Maintenance Program was featured in Pumps and Systems Magazine.  Successfully reduced hydrogen sulfide levels at South Coast Plaza PS.  Maintenance Supervisor, Steve Cano, successfully obtained Grade IV Certification from CWEA.  Completed maintenance improvem ents at 11 pump stations.  Renewed 414 wastewater discharge permits to food serve establishments.  Successfully upgraded Iowa PS by replacing both pumps, installed new bases, replaced electrical conduit, and replaced corroded elbow.  Developed and implemented a Private Pump Station Inspection Program.  Acquired wet well nets. BY THE NUMBERS • 463,283 feet of sewer pipe cleaned by CMSD staff • 385,648 feet of sewer pipe cleaned by NPS • 163 Ad ditional manhole covers plugged and sealed • 37 Hotspot locations • 1.34 Average SSO per 100 miles • 4 Private pump stations inspected • 7 Power outages from SCE • 40 Cleaning work orders completed DISTRICT COUNSEL District Counsel’s role is to serve as legal counsel and provide legal advice to the Board of Director s and staff. District Counsel will also help in the preparation of legal documents, take part in negotiations, and assist on personnel matters. Notable accomplishments include:  Successfully negotiated an easement agreement with Back Bay Center for instal ling an emergency generator for Irvine PS.  Successfully negotiated an easement agreement with Santa Ana Country Club for installing an enclosure for Elden PS by -pass equipment.  Requested and obtained advice from Fair Political Practice Commission regarding potential conflict of interest between Finance Manager and District Treasurer positions.  Prepared factual summary and researched consumer warranty laws for the District’s sewer combination truck.  Assisted preparing organics recycling ordinance.  Reviewed 2 nd Amendment to CR&R’s exclusive contract that included the Organics Recycling Program.  Reviewed CEQA findings for the Organics Recycling Program.  Finalized agreement with OCSD for Shared Services Program. BY THE NUMBERS • 19 Contracts reviewed • 437.6 Billable hours • 7 Legal opinions • 10 Ordinances and Resolutions reviewed • 82 Email correspondences reviewed DISTRICT TREASURER The District Treasurer is responsible to ensure the safety of District funds by making prudent investments and continually reviewing the market and economic conditions while safeguarding its assets. The Treasurer reports on the condition of investments in a month report, which is provided to the Board of Directors. Notable accomplishments include the following:  Recommended extending the agreement for auditing services.  Developed a Statement of Investment Policy for FY 2014 -15.  Finalized the Financial Sta tements for Fiscal Year Ended June 30, 2013.  No $ losses of investments.  Continue to meet the core Investment Policy objectives: Safety, Liquidity, Market Return. BY THE NUMBERS • 0.792% Average interest rate basis points above LAIF for the past year • $19.8 Million average cash under investm ent • 831 Average days to maturity for total portfolio • 11 Trades executed • 5 Securities called Costa Mesa Sanitary District ... an Independent Special District Project Status Report Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:18. ATTACHMENTS:Description Type CIP Updates Cover Memo COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:CONSTRUCTION COMPLETION DATE: Preliminary Civil Engineer ing - $131,047; Estimated cons truction cost - $5.8 million 9/3/14 - Additional Preliminary Engineering Allocation - $10,000 STATUS REPORT:12/20/10 - No change.01/27/11 - No change.5/26/11 - Staff met with another p otential OCSD consultant to review OCSD's sco p e of work. OC SD will soon be p ublishin g their RFP.10/27/11 - OCSD selected Dudley as its consultant and is finalizing the consultant contract.11/30/11 - No change.1/26/12 - Kickoff meeting for OCSD's consultant Dudek scheduled for 1/11/12. Consultant has placed flow meters in CMSD lines to confi rm flows.8/20/12 - OCSD's surveyors are working on the topography.6/28/12 - District Engineer is working with OCSD consultant on confluence point for CMSD/CNB/OCSD sewers.4/16/12 - The Board is considering the District Engineer's proposal to perform the Preliminary Engineering.5/24/12 - The Board approved the District's Engineer's proposal for the Preliminary Engineering.10/26/10 - OCSD requested copies of all CMSD pumping station plans, which were provided. OCSD anticipates hiring a consultant to prepa re an EIR and alignment study in 2011. CMSD requested a joint EIR.9/23/10 - OCSD was provided with plans, maps and flow figures for their review. OCSD will be hiri ng a consultant to prepare the desig n for their facilities. 4/28/11 - Staff met with 3 proposed OCSD consultant s to explain the project. OCSD's first phase of work will be an EIR and alignment st udy and the CMSD requested the OCSD EIR cover the CMSD work. 03/24/11 - Staff met with OCSD Project Managers on 3/8/11 to review OCSD's scope of work and project timing.9/22/11 - OCSD is evaluating consultant proposals.8/25/11 - No change.02/24/11 - No change. Sta ff will be c ontacting OCSD to review their status. 11/18/10 - No change.Abandon 6 CMSD pumping stations, abandon the CNB station in the CNB island on W. 19th Street, and abandon the private pumping station on W. 18th Street by constructing new gravity lines.#101 West Side Pumping Station Abandonment 7/1/2012 3/25/2019 Rob Hamers, District Engineer 2/23/12 - CMSD District Engineer is providing scope of work for preliminary engineering for Board consideration.3/22/12 - CMSD District Engineer is providing preliminary engineering fee for Board consideration.12/15/11 - OCSD staff attended CMSD SSC meeting on 11/8/11 to discuss project timeline.8/26/10 CMSD staff and two Directors met with OC SD staff on 8/4/10 to discuss the framework of the project. OCSD will be c onstructing its own gravity sewer to accept the CMSD and CNB flows and send it under the Santa Ana River to OCSD Plant No. 2. OCSD 7/28/11 - OCSD's preliminary schedule reflects completion of constructi on of OCSD's sewer facilities on 3/25/2019.6/23/11 - No change.9/20/12 - The District Engineer has begun working with the topography provided by OCSD's surveyors and aerial photogrammist.7/26/12 - CMSD will be obtaining topographi c information from OCSD's c onsultant and will sve $4,500 in the process due to cost sharing . COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:#101 West Side Pumping Station Abandonment 3/28/13 - The District Engineer provided a narrative and map explaining the District's work to be included in the EIR NOP.5/23/13 - Engineer's Estimates for the work are being prepared.6/27/13 - Engineer's Estimates for the work are being prepared; the District Engineer reviewed 2 sections of the OCSD EIR as requested.8/29/13 - The Board w ill review the District E ngineer's staff report on t he prelimi nary engineering at the 8/20/13 study session.9/26/13 - The Prelimi nary Engineering report w ill be revi ewed at the October 15 Study Session.10/24/13 - The Prelimi nary Engineering Report w ill be revi ewed at the October 15 Study Session.11/21/13 - The preliminary engineering report was reviewed at the 11/12/13 study session.12/19/13 - No change in status.1/23/14 - No change in status.2/25/14 - No change in status.3/27/14 -No change in status.4/24/14 - No change in status.5/22/14 - No change in status.6/26/14 - The EIR is complete and w ill go to t he OCSD Board for certification on 7/23/14. The OCSD RFP for final design will be advertis ed in August.7/24/14 - A special meeting is set for 7/22/14 to determine funding for potentially high park restoration and maintenance costs.9/25/14 -OCSD certified the project EIR; CMSD is completing a limited soils investigation to determine micro tunneling costs and total p roject costs.10/23/14- Soils report sent to micro tunneling contractor for cost estimate; with these results, CMSD can prepare a new cost estimate for entire project; OCSD has completed their estimate .11/20/14 - Engineering staff is preparing a new cost estimate for the project based on cost estimates from two contractors.12/18/14 - Engineering staff has finalized the new construction cost estimate and is presenting to the GM.2/26/15 - Project financing is being discussed at the 2/10/15 study session.Account Number EncumbrancesBalance #1012,541,625 $ 172,724 $ 17,251 $ 2,500 $ 2,349,150 $ Total2,541,625 $ 172,724 $ 17,251 $ 2,500 $ 2,349,150 $ 4/18/13 - The District Engineer is continuing work on the preliminary engineering.7/25/13 - The District Engineer will be providing the pr eliminary budget at the 7/25/13 regular meeting. Approved Proj Budget June 30, 2014 Accumulated Cost Current Year Expenditures 2/28/13 - The District Engineer is continuing work on the preliminary engineering.8/28/14 - CMSD and OCSD are preparing Engineer's Estimates for CMSD's portion of the work. OCSD has proposed an Agreement on the need for all 1/24/13 - The District Engineer is continuing work on the preliminary engineering.12/20/12 - The District Engineer is continuing work on the preliminary engineering. followed by consideration of the MOU from OCSD.1/22/15 - Engineering staff has finalized the construction cost estimate and presented the estimate to OCSD. Next step is CMSD financial planning abandonm ent facilities to be in operation.11/15/12 - The District Engineer is continuing working with the topography provided by OCSD's surveyors.10/25/12 - The District Engineer is continuing working with the topography provided by OCSD's surveyors. COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:#194 Sewer Manhole Rehab (Interior Rehab and Pump Station Re-Coating)PROJECT MANAGER:Rob Hamers, District Engineer DESCRIPTION:Rehabilitation of manhole interiors includin g reconstructin g channels, buildin g u p wall thicknesses, an d adding spray-on protective coatings. The project also includes new protective coatings for various pump station interiors. BEGIN DESIGN:2013-2014 fiscal year (Project was delayed until additional funding became available)APPROXIMATE COMPLETION DATE:June, 2015 STATUS REPORT;10/23/14 - Design phase being re-started; plans 80% complete.11/20/14 - The plans and specs are 90% complete.12/18/14 - The plans and specs are 95% complete.1/22/15 - Staff is preparing specifications for bidding.2/26/15 -Field crew members have identified 7 additional MHs requiring interior rehabilitation; these MHs will be added to the plans prior to going out to bid.A ccumulate d Current Year ApprovedCostto Date Account Number Project Budget As of 6/30/2014 Expenditures Encumbrances Balance #194 300,000 $ -$ -$ -$ 300,000 $ Total 300,000 $ -$ -$ -$ 300,000 $ COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DATE:Civil Design - $21,133.50; Civil Contract/Admin/Inspection - $48,470 #196-A (Victoria, Mendoza & Elden By-Pass Pumps) - Engineer's Estimate: $500,000 #196-B (Canyon Generator) - Engineer's Estimate: $100,000 STATUS REPORT:3/28/13 - The District Engineer and General Manager are working with the cities of Costa Mesa and Newport Beach regarding above-ground emergency equipment.4/18/13 - No change in status.5/23/13 - A soils investigation is being performed for the 23rd P.S. location in the right-of-way slope. Two other locations will be h oused in prefabricated buildings.6/27/13 - The City of Costa Mesa is reviewing the design for the 3 stations in Costa Mesa 9/26/13 - The District Engineer has provided a staff report for the 9/26/13 regular meeting on the status of the project.10/24/13 - Installation at the Elden, Victoria, and Mendoza stations is out to bid as 196-A, and installation at the Canyon Station is out to bid as 196-B.11/21/13 - Bid opening for 196-B Canyon Generator was 11/5/13 and the low bidder is Avram Electric in the amount of $64,815 12/19/13 - Bid opening for 196-A was held 11/20/13 and award construction contract on the 12/19/13 agenda to GCI in the amount of $485,200 and $222,080 equipmen t 1/23/14 - Work is occurring on 196-A at Elden, Victoria, and Mendoza pump stations and #196-B at Canyon pump station .2/25/14 - Construction on #196-A is 10% complete and #196-B is 50% complete.3/27/14 - Construction on #196-A is 15% complete and #196-B is 60% complete .4/24/14 - #196-A is 40% complete and #196-B is 95% complete.5/22/14 - The building was installed at Victoria PS on 5/8/14; #196-A is 75% complete. #196-B is complete .6/26/14 - Installation of the backup pumping units at Victoria and Mendoza pump stations is complete .7/24/14 - Installation at Elden will continue after contractor moves golf course fence.8/28/14 - The District/SACC Agreement for moving the golf course fence was approved and construction is set to continue .9/25/14 - #196-A Elden, Victoria, Mendoza back-up pumps complete; #196-B Generator at Canyon pump station complete; #196-C 23rd back-up p ump is in design at structural engineer; #196-D Generator at Irvine pump station; waiting on Gas Co. for proposed meter location prior to finalizing plans.10/23/14 - GM prefer generator at 23rd P.S. instead of backup unit requiring partial redesign; 196-D Irvine P.S Generator for designing me ter assembly by Gas Co .11/20/14 - Electrical engineering consultant now retained for generator design for #196-C 23rd Station; Design for #196-D Irvine P.S. is c ontinuing .#196 Installation of Backup Power and Pumping Capability Rob Hamers, District Engineer Install backup standby diesel generator at two pumping stations and install backup pumping systems at April 23, 2012 05/24/12 - District's Engineer's office is in design of the backup pumping systems while another consultant, PDE, is in design on the stan dby diesel generators.10/25/12 - The District Engineer is working with the cities of Costa Mesa and Newport Beach regarding above-ground emergency 01/24/13 - The District Engineer and General Manager are working with the cities of Costa Mesa and Newport Beach regarding above-12/20/12 - The District Engineer and General Manager are working with the cities of Costa Mesa and Newport Beach regarding above-8/29/13 - The District Engineer is finalizing the plans for the backup pumping units at Elden, Victoria, and Mendoza. The District Engin eer is also finalizing the 9/20/12 - Plans were submitted to the cities of Costa Mesa and Newport Beach for first plan check.7/25/13 - Engineering staff is awaiting City of Costa Mesa comments on building design at three sites, while 23rd station in Newport Bea ch Jan - 15 6/28/12 - Plans and specs are 30% complete.11/15/12 - The District Engineer is working with the cities of Costa Mesa and Newport Beach regarding above-ground emergency eq uipme n 02/27/13 - The District Engineer and General Manager are working with the cities of Costa Mesa and Newport Beach regarding above-7/26/12 - Plans and specs are 60% complete.8/20/12 - Engineering staff is performing final review prior to submitting the plans for plan check. COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:#196 Installation of Backup Power and Pumping Capability 12/18/14 - 23rd PS generator for #196C requires a larger block wall structure than the backup pump. The generator for the Irvine PS for #196-D will soon be out to bid .1/22/15 - 196-C - Project in design at electrical engineer's office; design is for backup generator. 196-D - Project out to bid with bid opening 1/20/15 .2/26/15 - 196-D Irvine bid opening is on 2 /26/15 meeting agenda; 196-C 23rd is in design. Project financing discussed at 2/10/15 study session .Account Number EncumbrancesBalance #196-A Elden, Victoria, Mendoza Pump Stations790,000 $ 572,977 $ 188,877 $ 5,000 $ 23,146 $ #196-B Canyon Pump Station140,000 115,335 - - 24,665 #196-C 23rd Street Pump Station65,000 14,546 947 - 49,508 #196-D Irvine Pump Station 65,000 89,462 112,895 4,795 (142,151) Total1,060,000 $ 792,320 $ 302,718 $ 9,795 $ (44,833)$ June 30, 2014 Accumulated Cost Current Year Expenditures Approved Project Budget COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DATE:Civil Design: $58,739; Civil Contract Admin/Inspection - $17,269; Construction Engineer's Estimate: $318,000 STATUS REPORT:11/15/12 - The design phase is continuing.01/24/12 - The plans and specs are approximately 50% complete.3/28/13 - The plans and specifications will be submitted for first plan check by the end of March 2013.4/18/13 - The plans were submitted to Costa Mesa and Newport Beach for 1st review on 4/1/13.5/23/13 - The project went out to bid on May 3, 2013 and bid opening is June 4, 2013.6/27/13 - Bid opening was 6/4/13 and the low bidder is Charles King Co., the same contractor as Phase II, in the amount of $228,700.8/29/13 - The first day of work was 7/26/13.9/26/13 - Work is approximately 75% complete on installation of liners and dig and replace repairs.10/24/13 - Work was re-started after a shortage of lining material occurred.11/21/13 - Work is continuing and is 80% complete.12/19/13 - All work is complete except for the extra work of full length lining in two, and possibly three, areas.1/23/14 - No work occurred from Thanksgiving to New Years due to City holiday closure so the remaining work can be completed .2/25/14 - The contractor is obtaining additional estimates for the extra work. The regular work is complete.3/27/14 - The extra work will be moved to a separate project. The Board will finalize the project at the March 2014 regular meeting .4/24/14 - The project #197A is complete.4/24/14 - P roject 197B engineering for additional Grade 5 discovered and Hotspots is complete. Project is out to bid .5/22/14 - 197-B being awarded to Sancon for $111,000. Engineer's estimate is $114,600 .6/26/14 - The construction contract for 197-B is fully executed and the contractor is acquiring materials.7/24/14 - Contractor will begin work on Project #197-B in late July.8/28/14 - Work began on #197-B on 7/28/14 and will end on 8/14/14. Board will final project on 8/28/14 .9/25/14 - Project is complete.10/23/14 - This projec t completes the Grade 5 repairs & should add to its list of accomplishments that 255 Grade 5 deficiencie s deficiencies in the gravity system were repaired within 3 years.A pprovedJune 30, 201 4 Current Year Account Number Project Budget A ccumulated Co s Expenditures EncumbrancesBalance #197A300,000 $ 306,608 $ -$ -$ (6,608)$ #197B370,000 11,573 116,815 - 241,612 Total670,000 $ 318,181 $ 116,81 5 $ -$ 235,00 4 $ #197 System Wide Sewer Reconstruction Phase III #197 System Wide Sewer Reconstruction Phase III Rob Hamers, District Engineer Sep-12 Nov-13 Phase 3 of Grade 5 repairs. Grade 5s are pipe problems ready for failure that were found during the 2006-2009 District-wide televising project. There are approximately 12/20/12 - The design is continuing.7/25/13 - The pre-construction meeting is 7/11/13 and construction is tentatively scheduled to begin in la t 10/25/12 - The design phase is underway.02/27/13 - The plans and specs are approximately 75% complete. COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DATE:Civil Design - $82,593 STATUS REPORT:1/23/14 - The design phase is continuing.5/22/14 -Mendoza force main is out to bid as a separate project due to upcoming City alley project. Engineer's estimate is $102,000. B id opening is 6/2/14.6/26/14 - GCI Construction is low bidder in the amount of $82,540 for Project #200-A Mendoza Force Main.7/24/14 - 1st day of work for Project #200-A was 6/23/14; plans are 75% complete for Harbor, Victoria, SCP.8/28/14 - All work was completed on #200-A Mendoza force main and the Board will final the project on 8/28/14.9/25/14 - #200-A Mendoza PS new force main is complete. Design phase of Harbor, Victoria & South Coast Plaza continuing; will be meeting with SC Plaza.10/23/14 - The plans are 90% complete and were submitted to the City, SCP, and the utility agencies the week of 10/12/14.11/20/14 - Staff met with SCP Mana g ement on 11/6/14 to discuss their concerns. Staff will be meetin g with the Cit y of Costa Mesa en g ineerin g staff.12/18/14 - Staff is workin g with SCP M g t's over redirectin g FM flows. Staff will be meetin g with Cit y en g ineerin g to discuss the Harbor and Victoria FM 1/22/15 - CCTV and flow meterin g will occur in the g ravit y s y stem downstream of the new force main ali g nment at South Coast Plaza. New Harbor force main and Victoria force main were discussed with the City Engineer.2/26/15 - Harbor force main im p rovements will be constructed first as the to p p riorit y ; desi g n p hase is continuin g .June 30,2014 A pproved A ccumulated Current Year Account Number Proj Budget Cost Expenditures Encumbrances Balance #2001,030,868 $ 109,847 $ 61,410 $ 4,999 $ 854,612 $ Total1,030,868 $ 109,847 $ 61,410 $ 4,999 $ 854,612 $ 12/19/13 The design phase has begun.2/25/14 - The design phase is 40% complete.3/27/14 - The design phse is 60% complete.4/24/14 - The design phase is 70% complete.#200 Rehabilitation of Four Force Mains Rob Hamers, District Engineer The Wilson, Victoria, Mendoza, and South Coast Plaza force mains are being replaced with new force mains.Dec-13 Late 2014 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:7/1/13 APPROX. CONSTRUCTION COMPLE T 6/30/14 Engineering Design = approximately $2,500 per station STATUS REPORT: 4/24/14 - Repiping at 21st Street P.S. complete; construction cost = $73,776.5/22/14 - Corp Yard P.S. repiping being awarded to Schuler Engineering for $40,550.6/26/14 - The construction contract for Corp Yard P.S. is fully executed and the contractor is acquiring materials.7/24/14 - Construction began 7/7/14 at Corp Yard pump station.10/23/14 - Construction at the Corp Yard PS is complete.11/20/14 - Project is complete.Prior Years Account Number EncumbrancesBalance #201260,000 $ 85,219 $ 42,710 $ -$ 132,071 $ Total260,000 $ 85,219 $ 42,710 $ -$ 132,071 $ #201 - Replace Equipment at Pump Stations Rob Hamers, District Engineer Replace piping and valves at various pump stations as needed Approved Project Budget June 30, 2013 Accumulated Current Year Expenditures COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DATE Estimated Project budget: Civil Design $11,483.50; Construction - Engineer's Estimate : $431,210 STATUS REPORT:12/19/13 - The plans are 90% complete and the Engineer's Estimate is being prepared.1/23/14 - The plans are 100% complete. Staff is exploring combining this work with 196-A, installation of a backup pump at Eld en Pump Station.2/25/14 - The project is being discussed at the study session.5/22/14 - The strategic improvements for this project were constructed on 5/8/14.6/26/14 - No change in status.7/24/14 - The remaining improvements under this project will likely be constructed in the 2015-16 fiscal year.8/28/14 - The project will likely receive funding in the 2015-2016 Fiscal Year to complete the replacement.9/25/14 - No change in status.10/23/14 - No change in status.11/20/14 - No change in status.12/18/14 - No change in status.1/22/15 - No change in status.2/26/15 - Project will be budgeted for 2015-16 or 2016-17. A ccumulatedCurrent Year A pprovedCostto Date Account Number Project Budget A s of 6/30/2014 Expenditures Encumbrances Balance #202 150,000 $ 10,567 $ -$ -$ 139,433 $ Total 150,000 $ 10,567 $ -$ -$ 139,433 $ 3/27/14 - The need for additional funding has moved the project into the next 2-year budget cycle, beginning 2015-2016; strateg ic 10/24/13 - Engineering staff met with the field crew to discuss possible additional replacement of valves inside station.11/21/13 - The design phase is continuing; the plans are 60% complete.4/24/14 - The strategic improvements for this project were added to Project #196-A. improvements are being included as extra work in Project #196-A.December, 2014 #202 Elden Piping and Valve Replacement Rob Hamers, District Engineer Replace 37-year old piping and valves outside Elden Pumping S October, 2013 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:October 2013 APPROX. CONSTRUCTION COMPLETION D A June 2014 Architectural Design - $7,000; Electrical Engineering Design - $4,500 STATUS REPORT: 10/3/2013 - Entered into agreement with RTA Architects to design and provide construction administration services 11/7/2013 - Reviewed SCE 12 months bills at the Yard to determine load demand and size of the generator 12/1/2013 - Project manager meeting. Possible generator manufacturers are Caterpillar, Cummins and Kohler.1/23/14 - No change in status.2/25/14 -RFP for design firms is being prepared.3/27/14 - Proposals are being requested from design firms for the design phase.4/24/14 - An electrical engineer has been retained for the design phase for a fee of $4,500.5/22/14 - The plans were submitted to the City of Costa Mesa for 1st plan review.6/26/14 - The design plans are in plan check and being re-submitted to the City.7/24/14 - Plans were resubmitted to the fire department for 2nd review; all other departments have signed off.8/28/14 - The project is out to bid.9/25/14 - Bid opening is being handled by the CMSD GM and project architect.10/23/14 - Bids were opened and are being evaluated; the low bid amount is $97,000.11/20/14 - The specifications for the generator being proposed by the low bidder are being reviewed.12/18/14 - Contractor's shop drawings are under review.1/22/15 - The contractor has provided the required bond an pre-construction meeting is planned for 1/30/15.2/26/15 - Construction will begin after acquisition of materials.June 30, 2014 A pproved A ccumulated Current Year Account Number Proj BudgetCostExpendituresEncumbrancesBalance #203150,000 $ 5,462 $ 3,316 $ 5,722 $ 135,500 $ Total150,000 $ 5,462 $ 3,316 $ 5,722 $ 135,500 $ #203 Emergency Generator at District Yard Scott Carroll, General Manager Procure and install an emergency generator at the District Yard COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DATE:Civil Design - $9,779 STATUS REPORT:6/26/14 - The plans are 60% complete.7/24/14 - The project went out to bid on 7/2/14 with bid opening scheduled for 8/5/14.8/28/14 - Bid opening was 8/5/14 and the low bid was Excel Paving in the amount of $87,349.00.9/25/14 - Notice to proceed issued to Excel Paving to begin work 9/15/14; Field Crew requesting additional manholes be added as extra work.10/23/14 - Construction is 1/3 complete; contractor waiting for City Street projects to finish, unless existing manhole conditi on is severe.11/20/14 - Construction is continuing in coordination with City street projects.12/18/14 - Construction is continuing.1/22/15 - Contractor is re-mobilizing.2/26/15 - Contractor is nearing completion.June 30,2014 A pproved A ccumulated Current Year Account Number Proj Budget Cost Expenditures Encumbrances Balance #204100,000 $ 9,119 $ 38,921 $ 55,073 $ (3,113)$ Total100,000 $ 9,119 $ 38,921 $ 55,073 $ (3,113)$ 2/25/14 Project approved by Board, fund appropriated.5/22/14 - The plans are 40% complete.4/24/14 - The design phase is in process #204 Manhole Cover Repairs Rob Hamers, District Engineer Repair 102 manhole covers Feb-14 Late 2014 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:Aug-14 APPROX. COMPLETION DATE:Jun-15 Civil Design -STATUS REPORT:8/28/14 - The design phase is underway.9/25/14 - Engineering staff is reviewing CCTV of Grade 4s in streets set for City improvements such as new paving or slurry seal. One Grade 5 found in Canadian; Mike Kilbride Ltd. will excavate and repair.of Grade 4s in City streets designated for 11/20/14 - No change in status. Review of the videos is continuing.12/18/14 - District Engineer is determining options for completion of all Grade 4s.1/22/15 - A cost analysis of expected repairs for Phases I and II was presented to Board at the February study session.2/26/15 - Budgeting for this project is being discussed at the 2/10/15study session.June 30, 2014 A pproved A ccumulatedCurrent Year Account Number Proj Budget Cost Expenditures Encumbrances Balance #306568,000 $ 2,557 $ 36,900 $ -$ 528,543 $ 568,000 $ 2,557 $ 36,900 $ -$ 528,543 $ #306 Grade 4 Repairs - Phase I Rob Hamers, District Engineer District has 1,600 line sections with one or more Grade 4 deficiencies. COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:#307 Harbor PS Generator PROJECT MANAGER:Rob Hamers, District Engineer DESCRIPTION: BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DATE:Civil Design -STATUS REPORT:12/18/14 - Engineering staff is searching for a location for the proposed generator, which will have a footprint of 12' x 23' i ncluding clearances.1/22/15 - Backup generator will be extremely large and will require a building. Staff searching for site.2/26/15 - There is no readily available above ground area in public right-of-way or on private property to locate the generator .June 30, 2014 A pproved A ccumulatedCurrent Year Account Number Proj Budget Cost Expenditures Encumbrances Balance #307178,500 $ -$ 595 $ -$ 177,905 $ 178,500 $ -$ 595 $ -$ 177,905 $ COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM FY2014-2015 PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:APPROX. CONSTRUCTION COMPLETION DAT E Civil Design -STATUS REPORT:June 30, 2014 A pproved A ccumulated Current Year Account Number Proj Budget Cost Expenditures Encumbrances Balance #308340,500 $ -$ -$ -$ 340,500 $ 340,500 $ -$ -$ -$ 340,500 $ Not yet started #308 Manhole Rehab Rob Hamers, District Engineer Costa Mesa Sanitary District ... an Independent Special District Project #196-D – Emergency Generator at Irvine Pump Station: Award Contract to National Electrical Contractors Recommendation/Notes: Recommendation: That the Board of Directors: 1. Award a contract to the lowest responsive bi dder, National Electrica Contractors, Inc. of Van Nuys, California, in the amount of $196,709.00 2. Approve a contingency of 10% in the amount o f $19,671. Item Number:19. ATTACHMENTS:Description Type Project 196-D National Electrical Contractors Inc. Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District T o: Board of Directors Via : Scott Carroll , General Manager From: Rob Hamers, District Engineer Date: February 26, 2015 Subject: #196 -D Installation of Natural Gas Generator for Irvine Pump Station Bid Opening and Award of Contract ___________________________________________________________________ Summary The project will include the installation of a natural gas emergency generator to provide backup power for the District’s Irvine Pump Station at the corner of Irvine Avenue and Mesa Drive in Costa Mesa. Providing backup power or backup pumping is a goal of the District due to the unreliability of Edison power as evidenced over the past five years. The generator will be located under a second floor overhang on the Back Bay Center private property in an easem ent previously negotiated and obtained by the District. Bids for the purchase and instal lation were opened on January 20 , 2015 and a recommendation for award is included below. S ta ff Recommendation The Board of Directors: 1. Award a contract to the lowest responsive bidder, National Electrica Contractors , Inc. of Van Nuys , California, in the amount of $196,709.00 . 2. Approve a contingency of 10% in the amount of $19,671. Analysis Bids were opened on January 20, 2015 and the results are as follows: Engineer’s Estimate $170 ,000 National Electrical Contractors , Inc. $196,709 Pacific Winds Building, Inc. $227,540 Board of Directors February 26 , 2015 Page 2 of 3 California Building Evaluation and Const. $247,450 Staff checked the licensing requirements and references for the low bidder, National Electrical Contractors , Inc., and found everything in order, therefore, a recommendation to award the contract is being made. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Plan Element 1.0, Sewer Infrastructure , which states as follows : ”Objective: Our objective is to collect an d transport wastewater to meet the needs of existing and future customers. Strategy: We will do this by the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capac ity and respond to changing regulatory demands.” Legal Review District C ounsel prepared and signed the construction contract being considered. Environmental Review The addition of a generator to provide backup power is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15301 as a “Class 1” “minor alteration of existing public or private structures”, as further described in Section (b) as “Existing facilities of both investor and publicly -owned utilities used to provide .... sewerage ...”. Financial Review Total cost for this project including contingency is $216,380. There is sufficient money in the budget for this project. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 26 , 2015 Board of Directors regular meeting at District Headquarters and on District’s website. Alternative Actions 1. Do not award the proj ect to National Electrical Contractors , Inc. 2. Refer the matter back to staff for additional information. Attachment: Contract between National Electrical Contractors , Inc. and CMSD Costa Mesa Sanitary District ... an Independent Special District Request for Rate Adjustment – CBIZ MHM, LLC Recommendation/Notes: Recommendation: That the Board of Directors consid ers approving a rate adjustment with CBIZ MHM, LLC (CBIZ). Item Number:20. ATTACHMENTS:Description Type Request for Rate Adjustment - CBIZ MHM, LLC Cover Memo CBIZ MHM, LLC 2301 Dupont Drive, Suite 200 Irvine, CA 92612 Ph: 949.474.2020 F: 949.263.5520 February 19, 2015 Board of Directors Costa Mesa Sanitary District 628 W. 19 th Street Costa Mesa, California 92627 RE: REQUEST FOR RATE ADJUSTMENT Honorable Board of Directors: CBIZ MHM, LLC (CBIZ) has been providing Treasurer a nd, on occasion, other financial services to the Costa Mesa Sanitary District (Distr ict) since it separated from the City in 2004. Services performed have been paid at rates l ast approved by the Board at your meeting of April 20, 2006. Since April 2006, the C onsumer Price Index (CPI) for All Urban Consumers has increased 14.24% as follows for the Los Angeles-Riverside-Orange County areas: CPI April 2006 210.500 December 2014 240.475 Increase in CPI 29.975 Percent increase in CPI 14.24% Given that it has been in excess of 8 years since t he last rate adjustment, we respectfully request that the hourly rates for Trea surer services be increased by approximately 10% as follows. This proposed increa se is still below the change in CPI over the 8-year period. We request that these rate s be effective beginning July 1, 2015. Current Rate Increase Proposed Rate Managing Director $112 $11 $123 Senior Consultant 80 8 88 Thank you for consideration of this rate adjustment . Sincerely, CBIZ MHM, LLC Marcus D. Davis Managing Director Costa Mesa Sanitary District ... an Independent Special District Ordinance No. 104 - Penalty and Interest for Unpaid Sum Recommendation/Notes: Recommendation: That the Board of Directors approv es Ordinance No. 104 a basic 10% on unpaid sums owed the District and adopting a 1½% in terest per month (18% per annum) interest rate on said sum. Item Number:21. ATTACHMENTS:Description Type Ordinance No. 104 Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Alan Burns, District Counsel Date: February 26 , 2015 Subject: Ordinance No. 104 – Penalty and Interest for Unpaid Sum Summary The proposed ordinance would impose a penalty as authorized by state law for the non -payment of any District charges of 10% and interest on the sum owed and the penalty of one and one -half percent per month for the non -payment of the charge and basic penal ty. Staff Recommendation That the Board of Directors adopt Ordinance No. 104 a basic 10% penalty on unpaid sums owed the District and adopting a 1 1/2 % interest per month (18% per annum) interest rate on said sum. Analysis In a variety of settings the District is owed money for charges that have not been paid in a timely manner. One such recent example was with a business complex that did not pay for sewer connection charges for months and paid only after enforcement action was threatened. The California Health and Safety Code has provisions that provide a remedy in the form of a substantial penalty and interest for such non -payments. Specifically, Health and Safety Code Section 5473.10 provides that sewer entities may imp ose a basic penalty of 10% for the non -payment of any charges due and owing, and may thereafter, add interest on said basic amount and the 10% penalty in the amount of 1 ½ % interest per month. The enactment of such a penalty may encourage prompt payment which may result in less need for enforcement action. For all of those reasons, it is recommended that the Board adopt the ordinance imposing such a penalty and interest rate on unpaid amounts. Board of Directors February 26 , 2015 Page 2 of 2 Strategic Element & Goal This item will comply with the str ategic objective and strategy for Strategic Element 5.0, Administrative Management , which states: “Objective: To create, maintain and implement policies and procedures to ensure sound management of the District. Strategy : We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations.” Legal Review District Counsel has prepared this report and Ordinance No. 104. Environmental Review The consideration of adding a penalty and interest to unpaid sums owed 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 The financial impact for adopting Ordinance No. 104 is unknown, but staff believes there is a chance for revenues to slightly increase due to past history of unpaid sums. Public Notice Process Copies of this report are on file and wi ll be included with the entire agenda packet for the February 26 , 2015 Board of Directors regular meeting at District Headquarters and on the District ’s website. Alternative Actions 1. Do not adopt Ordinance No. 104. 2. Adopt Ordinance No. 104 but at a lessor rate as per Board direction. 3. Do not adopt Ordinance No. 104 and direct staff to report back with more information. Reviewed by: Wendy Davis Finance Manager ORDINANCE NO. 104 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A BASIC PENALTY AND INTEREST PROVISION WHEREAS , the District provides sewer and other services for its customers and others and incurs costs in doing so that it passes on as charges; and WHEREAS , the District also must respond and abate conditions on property pursuant to its statutory duties and incurs costs that are then charged to the persons responsible; and WHEREAS , state law has authorized procedu res for recovering those charges and costs when incurred, including penalty provisions and interest when those charges remain unpaid; and WHEREAS , the B o a rd does hereby desire to adopt the basic penalty and interest provisions of California Health and Safe ty Code Section 5473.10 pertaining to sewer service; NOW , THEREFORE , the Board of Directors of the C osta M esa S anitary D istrict does hereby ORDAIN as follows : Section 1 . That Section 4.01.060 is hereby added to the CMSD Operations Code to read: “Section 4.01.050 Basic Penalty and Interest Provisions Adopted. There is imposed on all charges that remain due and unpaid a basic penalty in the amount of ten percent of the amount owed, and in addition there shall be a penalty of one and one -half percent per month on the amount of the charges and basic penalty that shall also be imposed on the persons who owe the money.” Section 2 . Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining p rovisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of thi s Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way Ordinance No. affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 3 . Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law PASSED and ADOPTED this day of , 2015. Secretary President // // // // // // // // // // // // // // // // // // // // // // // // // // Ordinance No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, NOELANI MIDDENWAY , Clerk of the Costa Mesa Sanitary District, hereby certify that the ab ove and foregoing Ordinance No. 102 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held o n the day of , 2015 by the following votes: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this day of , 201 5 . Clerk of the Costa Mesa Sanitary District Costa Mesa Sanitary District ... an Independent Special District Proposed Agreement and Rate Adjustment for Legal Se rvices Recommendation/Notes: Recommendation: That the Board of Directors conside rs approving the Agreement with Harper & Burns LLP along with the rate adjustment for lega l services. Item Number:22. ATTACHMENTS:Description Type District Counsel Proposed Agreement Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Alan Burns, District Counsel Date: February 26 , 2015 Subject: Proposed Agreement and Rate Adjustment for Legal Services Summary The proposed contract would reflect that legal services are provided by “Harper & Burns LLP” and w ould include a rate adjustment. Staff Recommendation That the Board of Directo rs considers approving the A greement with Harper & Burns LLP along with the rate adjustment for legal services. Analysis I have served as District Counsel since 1994. It is more appropriate that a contract be entered into with Harper & Burns LLP since the firm provides services. It is also more appropriate that payments be made to th at entity. A contract based on the District’s standard consulting contract has been modified for those purposes. In proposing this contract and rate increase, the firm is acting in their private capacity and cannot advise the Board on its own contract or r ates. The last contract adjustment was in 2008 when rates were increased to $181 per hour for partners and senior attorneys. During that period, the CPI has increased 8.56%, as is reflected in the raises given to the CMSD employees. A survey of surround ing sewer agencies was performed and they pay the following rates: • Orange County San itation District: $200.00 -$258.00 • Garden Grove Sanitary District: $199.00 Board of Directors February 26 , 201 5 Page 2 of 2 • Midway Sanitary District: $225.00 Based on the above, the following rates are proposed: Positio n Existing Rate Proposed Rate Partner, Senior Attorney (5 years +) $181.00 $197.00 Associate Attorney $133.00 $145.00 Law Clerk $85 .00 $90 .00 Paralegal $75.00 $82.00 Strategic Plan Element & Goal Not applicable Legal Review District Counsel has prepared the attached agreement. Environmental Review Consideration by the Board of Directors of the compensation paid the consulting attorney for the District is an administrative matter and not a disturbance of the environment simil ar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines . Financial Review In Fiscal Year 2013 -14 the District was billed for 498 hours for partner and senior attorney services at a cost of $90,138 . Under the propo sed rate, the total cost for 498 hours will be $98,106 . In Fiscal Year 2013 -14 the District was billed 8.5 hours for law clerk services at a cost of $722.50 . Under the proposed rate, the total cost for 8.5 hours will be $765 . In Fiscal Year 2013 -14, the D istrict did not receive services from associate attorney or paralegal. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 26 , 2015 Board of Directors regular meeting at District headquarters and on District’s website. Alternative Actions 1. The Board does not approved the proposed Agreement and rate adjustment. 2. Direct staff to report back with more information . Attachment A: Proposed Agreement with Harper & Burns LLP 1 PSA 12 10 AGREEMENT FOR CONSULTANT SERVICES This Agreement (“AGREEMENT”) is made and effective as of __________, 2015 , between the Costa Mesa Sanitary District, a sanitary district (“DISTRICT ”), and Harper & Burns LLP , a limited liability partnership including a p rofessional corporation (“CONSULTANT ”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS , Alan R. Burns of Harper & Burns LLP has served as attorney for the DISTRICT since 1994; an d WHEREAS , the parties desire to contract with the firm of Harper & Burns LLP; and WHEREAS , the last compensation adjustment was in 2008; and WHEREAS , the parties desire to adjust the compensation to take into account CPI and what other relevant dist ricts pay their counsel; NOW, THEREFORE , the parties hereto agree as follows: 1. TERM This AGREEMENT shall commence on __________, 2015 , and shall remain and continue in effect until either party terminates . 2. SERVICES CONSULTANT shall perform the tasks described and set forth in Exhibit A , attached hereto and incorporated herein as though set forth in full : 1. Provide legal advice to the Board and to the G eneral M anager and, when approved by the Board or G eneral M anager , to the staff. 2. Draft ordinan ces and, when requested, resolutions, for the Board. 3. Review and/or p repare construction contracts and documents. 4. Litigate actions by or against DISTRICT when not covered by insurance counsel, or as otherwise requested. 5. Attend all regular meetings of the B oard of Directors unless excused, and attend monthly staff meetings. Attend such other meetings of the Board and staff as are necessary or upon request. 2 PSA 12 10 6. Review other DISTRICT contracts. 7. Prepare opinion letters to the auditors. 8. Provide proactive advice on legal developments. 9. Perform other legal services as requested. 3. PERFORMANCE CONSULTANT shall, at all times, faithfully, competently , and to the best of its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, a t a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT . 4. INTERACTION CONSULTANT has an attorney/client r elationship with the Board of Directors and will at times need to communicate directly with the Board. At other times, and working with staff, CONSULTANT shall interface with the General Manager. 5. COMPENSATION CONSULTANT will bill at hourly rates, by the tenth of the hour. An itemized bill shall be provided showing tasks performed. The rates approved in this contract are attached hereto in Exhibit A. These rates may be changed by agreement and memorialization of the Board in a minute action, which may thereafter be attached to the contract as the new rate structure. DISTRICT agrees to pay invoice s promptly in accordance with its procedures. CONSULTANT shall also be paid for its expenses including substantial printing, postage, messenger services, filin g services and service of process costs. 6. Termination This AGREEMENT may be terminated without cause by either party upon providing thirty (30) days notice. 7 . OWNERSHIP OF DOCUMENTS (a) CONSULTANT shall maintain complete and accurate records wi th respect to the professional services required by this AGREEMENT and will produce the work product specified in this Agreement and other such information required by DISTRICT that relate to the performance of services under this AGREEMENT . CONSULTANT 3 PSA 12 10 sh all maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily acces sible. CONSULTANT shall provide free access to the representatives of DISTRICT or its designees at reasonable times to such books and records; shall give DISTRICT the right to examine and audit said books and records; shall permit DISTRICT to make transcr ipts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings , and activities related to this AGREEMENT . Such records, together with supporting documents, shall be maintained for a period of three (3) years after receip t of final payment. (b) Upon completion, termination , or suspension of this AGREEMENT , all work produc ts reduced to any medium and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become th e sole property of the DISTRICT and may be used, reused , or otherwise disposed of by the DISTRICT without the permission of the CONSULTANT . With respect to computer files, CONSULTANT shall make available to the DISTRICT , at the CONSULTANT ’s office and upo n reasonable written request by the DISTRICT , the necessary computer software and hardware for purposes of accessing, compiling, transferring , and printing computer files. Said software and hardware shall be made available to DISTRICT at CONSULTANT’s cost. 8 . INDEMNIFICATION (a) Indemnification for Professional Liability . When the law establishes a professional standard of care for CONSULTANT ’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend , and hold harml ess DISTRICT and any and all of its officials, employees , and agents from and against any and all losses, liabilities, damages, costs , and expenses, including attorney’s fees and costs to the extent the same arise out of, pertain to, or relate to the negli gence, recklessness, or willful misconduct of CONSULTANT , its officers, agents, employees , or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEME NT . (b) Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full est extent permitted by law, CONSULTANT shall indemnify, defend , and hold harmless DISTRICT and any and all of its emplo yees, officials , and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses , or costs of any kind, whether actual, alleged , or thr eatened, including attorney’s fees and costs, court costs, interest, defense costs , and expert witness fees), where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including, but not limited to, officers, agent, employees , or subconsultants of CONSULTANT . 4 PSA 12 10 9 . INSURANCE CONSULTANT shall maintain prior to the beginn ing of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and made part of this AGREEMENT . 10 . INDEPENDENT CONSULTANT (a) CONSULTANT is and shall at all times remain as to the DISTRICT a wholly independent c onsultant. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT ’s exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT 's officers, employees, or agents, except as set forth in this AGREEMENT . CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner off icers, employees, or agents of the DISTRICT . CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability what so ever against DISTRICT or bind DISTRICT in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT . Except for the fees paid to CONSULTANT as provided in the AGREEMENT , DISTRICT shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for DISTRICT . DISTRICT s hall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. 1 1 . LEGAL RESPONSIBILITIES The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT . The CONSULTANT shall at all times observe and comply with all such laws and regulations. The DISTRICT and its officers and employee s shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section. 1 2 . UNDUE INFLUENCE CONSULTANT declares and warrants that no undue influence or pressure has been used against or in concert with any officer o r employee of the DISTRICT in connection with the award, terms , or implementation of this AGREEMENT , including any method of coercion, confidential financial arrangement , or financial inducement. No officer or employee of the DISTRICT will receive compensa tion, directly or indirectly, from CONSULTANT or from any officer, employee , or agent of CONSULTANT in connection with the award of this AGREEMENT or any work to be conducted as a result 5 PSA 12 10 of this AGREEMENT . Violation of this Section shall be a material bre ach of this AGREEMENT entitling the DISTRICT to any and all remedies at law or in equity. 1 3 . NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of DISTRICT , or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to the project during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceed s thereof, for work to be performed in connection with the project performed under this AGREEMENT . 1 4 . RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by CONSULTANT in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without DISTRICT’s prior written authorization. CONSULTANT and its officers, employees, agents , or subconsultants shall not , without written authorization from the General Manager, voluntarily provide declarations, letters of support, testimony at depositions, re sponse to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the DISTRICT . Response to a subpoena or court order shall not be considered "voluntary" provided CONSUL TANT gives DISTRICT notice of such court order or subpoena. (b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT or its officers, employees, agents , or subconsultants be served with any summons, complaint, subpoena, notice of deposition, reques t for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT or the work performed thereunder or with respect to any project or property located within the DISTRICT . DISTRICT retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with DISTRICT and to provide the opportunity to review any resp onse to discovery requests provided by CONSULTANT . However, DISTRICT 's right to review any such response does not imply or mean that DISTRICT has a right to control, direct, or rewrite said response. (c) CONSULTANT covenants that neither it nor any offi cer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed by it/them as an officer, employee, agent, or subconsultant. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any services, directly or indirectly, w ith any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the DISTRICT or the study area and further covenants and agrees that CONSULTANT and/or its subconsultants shall provide no service or enter into any 6 PSA 12 10 agree ment or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the DISTRICT or the study area prior to the completion of the work under this AGREEMENT. 1 5 . NOTICES Any notices which either part y may desire to give to the other party under this AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showin g date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice : To DISTRICT: Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 Attn: District Clerk To CONSULTANT: Harper & Burns LLP 453 South Glassell Street Orange, California 92866 Attn: Alan R. Burns 1 6 . L ICENSES At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect all licenses required of it by law for the performance of the services described in this AGREEMENT. 1 7 . GOVERNING LAW DISTRICT and CONSULTANT understa nd and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in the superior or federal district court with jurisdiction over the DISTRICT. 18 . ENTIRE AGREEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All pr ior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. 7 PSA 12 10 Each party is entering into this AGREEMENT based solely upon the representation s set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19 . MODIFICATION No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. This written modification requirement cannot be waived. 20 . AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of CONSULTANT warrant(s) and represent(s) that he/she/they has/have the aut hority to execute this AGREEMENT on behalf of the CONSULTANT and has/have the authority to bind CONSULTANT to the performance of its obligations hereunder. 2 1 . INTERPRETATION In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. // // // // // // // // // // // // // // // // // // // // // // 8 PSA 12 10 IN WITNESS WHEREOF, the parties hereto have caused this AGREEM ENT to be executed this day and year first above written. [Board Approval] COSTA MESA SANITARY DISTRICT HARPER & BURNS LLP ___________________________ ___________________________ Michael Scheafer , President Alan R. Burns , Partner ______ Rob ert Ooten , Secretary ATTEST: ____________________________ District Clerk EXHIBIT A PSA 12 10 EXHIBIT A Position Hourly Rate Partner, Senior Attorney (5 years +) $197.00 Associate Attorney $145.00 Law Clerk $90 .00 Paralegal $82.00 EXHIBIT B PSA 12 10 EXHIBIT B • Business liability insurance or commercial general liability insurance of at least One Million Dollars. • Automotive insurance on all vehicles used in the performance of work under this contract. • Workers compensation insurance in the statutory amount. • Pro fessional (errors & omissions) insurance in the amount of One Million Dollars. Costa Mesa Sanitary District ... an Independent Special District ADJOURN TO CLOSED SESSION Recommendation/Notes: Public Employee Performance Evaluation (Gov. Code §54957) - Title: General Manager Conference with Labor Negotiator (Gov. Code §54957.6) Agency Negotiator: President Scheafer Unrepresented Employee: General Manager Item Number:23.