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2017_11_30_boardThursday, November 30, 2017 Board of Directors Regular Meeting 290 Paularino Avenue, Costa Mesa 5:30PM A. OPENING ITEMS Subject 1. Call to Order Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) Subject 4. Roll Call Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 5. Ceremonial Matters and Presentations Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. Subject 6. Announcement of Late Communications Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS This time has been set aside for persons in the audience to make the Board of 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 Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 7. Public Comments Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural B. CONSENT CALENDAR Subject 1. Approve Consent Calendar Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Consent Calendar as presented. B. CONSENT CALENDAR Board of Directors Study Session October 10, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members Absent None Staff Present Wendy Davis (Finance Manager), Noelani Middenway (District Clerk), Steve Cano (Wastewater Maintenance Superintendent), Brandon Hickman (Wastewater Maintenance Worker II), Robin Hamers (District Engineer), Ed Roberts (Code Enforcement Officer), Nabila Guzman (Management Analyst I), Gina Terraneo (Management Analyst I) Others Present Dean Ruffridge (CR&R) Meeting called to order at 9:28 A.M. A. OPENING ITEMS Procedural: 1. Roll Call District Clerk, Noelani Middenway, conducted roll call and all board members were present. Procedural: 2. Public Comments President Scheafer opened public comments. Seeing no one from the public wishing to speak, President Scheafer closed public comments. B. ITEMS OF STUDY Receive and File: 1. September 2017 Code Enforcement Officer report Recommendation: That the Board of Directors receive and file the report. Code Enforcement Officer, Ed Roberts, presented report details. He noted that there were 6 proactive scavenging investigations conducted in September. Director Perry asked if Mr. Roberts encounters many of the same individuals scavenging each month. Mr. Roberts noted that he makes contact with repeat violators frequently and that they are often indigent in nature or appear to be afflicted with mental illness. Secretary Schafer asked if Mr. Roberts gives warnings before issuing notices of violation. Mr. Roberts explained the types of notices that he issues and the citation process. Director Perry asked if Mr. Roberts has noticed transients moving away from the Lions Park area. Mr. Roberts noted that there is a concentration of transients in parks and main streets within the city. He added that he has observed a disproportionate population of transients and scavenging activity on the west side of Costa Mesa. Subject 2. Approve the Board of Directors Study Session Meeting Minutes of October 10, 2017 Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. President Scheafer asked where the transients take the recyclable commodities that they scavenge. Mr. Roberts explained that they may be trading the recyclables instead of taking them to centers like the Orange Coast College Recycling Center. He went on to report that there were 97 cases of trash carts in public view in September. Lastly, he added that there was an incident involving the illegal dumping of motor oil in District trash carts and he made contact with the violating resident to educate them about proper household hazardous waste (HHW) disposal. Secretary Schafer suggested that the next newsletter feature a reminder about the proper disposal of HHW. Discussion followed regarding staff's progress toward implementing a door-to-door HHW collection program for all residents. There was no further discussion and the report was received. Receive and File: 2. Tri-State Seminar for Water and Wastewater Professionals - Oral Report Recommendation: That the Board of Directors receive and file the report. Wastewater Maintenance Superintendent, Steve Cano, presented an oral report about his recent attendance of the Tri-State Seminar in Las Vegas, NV with Wastewater Maintenance Worker II, Brandon Hickman. He noted that many topics were covered in the seminar, including wastewater maintenance, collection, safety, and security. Mr. Cano also noted that he and Mr. Hickman attended a tour of the Hoover Dam, but were unable to view its wastewater plant because the elevators were out of service. Mr. Hickman shared details about the classes they attended, covering topics such as the smart cover system, root control, and flushable wipes. Discussion followed regarding efforts to address issues with flushable wipes and the ways that other jurisdictions govern sewer laterals. Director Perry asked if the District is in need of additional smart covers. Mr. Cano noted that he will discuss problem areas with the Wastewater Maintenance Crew and determine if more smart covers are needed. Director Perry asked how often staff receives smart cover alerts. Mr. Cano explained that alerts are infrequent at about twice per month. He noted that when staff receives alerts, they clean the lines in the affected area. Finance Manager, Wendy Davis, noted that the smart covers are moveable and that their recurring maintenance costs are more significant than their purchase cost. There were no further questions or discussion and the report was received. Receive and File: 3. Organics Tonnage Report Recommendation: That the Board of Directors receive and file the report. Management Analyst I, Nabila Guzman, presented report details. She noted that a total of 840.86 tons of organic waste were collected and recycled in September. Assistant Secretary Ooten asked if there is significant contamination in the organics recycling carts. Ms. Guzman noted that the reported contamination level is minimal at about 2%. There were no further questions or discussion and the report was received. Receive and File: 4. Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file the report. Management Analyst I, Nabila Guzman, presented report details. She noted that a total of 2,094.83 tons of solid waste were collected and recycled in September, bringing the District's diversion rate to 60.63%. Ms. Guzman also noted that Orange Coast College Recycling Center's data was not included in this month's report because it was not received in time for the Study Session. Discussion followed regarding the trading of recyclable commodities by transients and scavengers. There was no further discussion and the report was received. Receive and File: 5. Quarterly Legislative Update Recommendation: That the Board of Directors receive and file the report. Management Analyst I, Gina Terraneo, presented an overview of the legislative report, including bills have been approved by the governor, bills that are awaiting approval, and bills that will continue to be monitored by staff. Discussion followed regarding clarification of the provisions established by AB 1309, AB 1219, SB 80, and SB 229. President Scheafer requested that a future Study Session item be provided to brief the Board of Directors on California Environmental Quality Act (CEQA) requirements. Discussion followed regarding the potential impact of SB 80, if approved by Governor Brown. There were no further questions or discussion and the report was received. Discussion, Receive and File: 6. Solar Roof at Headquarters - Update Recommendation: That the Board of Directors receive and file the report. President Scheafer noted that the Board of Directors will continue this item to the November 14, 2017 Study Session, since General Manager, Scott Carroll, is not present to give the report. Ms. Davis noted that Mr. Carroll will be entering into an agreement with a consultant to help review utility billing information and determine the optimal solar panels for the District's headquarters. There were no questions or discussion and the report was received. Receive and File: 7. 2017 Solid Waste Association of North America (SWANA) Wastecon - Oral Report Recommendation: That the Board of Directors receive and file the report. Ms. Guzman provided an oral report regarding her recent attendance of the SWANA Wastecon Conference in Baltimore, MD. She noted that many municipalities worldwide are still struggling to educate the public about recycling. Discussion followed regarding the City of Baltimore and the conference attendance. There was no further discussion and the report was received. Receive and File: 8. Update on Inflow & Infiltration (I/I) of Storm Water into the Sewer System - Oral Report Recommendation: That the Board of Directors receive and file the report. District Engineer, Robin Hamers, provided an oral report regarding the issues of inflow and infiltration (I/I) in sewer systems. He noted that the Orange County Sanitation District (OCSD) conducted a study in 2005 and found that 2.2% of rainfall entered the Costa Mesa Sanitary District's system. He added that preliminary data from their current study shows that the rainfall inflow has decreased to 1.5%. There were no further questions or discussion and the report was received. C. CLOSING ITEMS Procedural: 1. Oral Communications & Director Comments President Scheafer provided an update regarding the upcoming State of the District event. Discussion followed regarding the logistics of the State of the District event. Director Perry asked if it would be appropriate to agendize the public restroom discussion at a future meeting. Vice President Ferryman provided an update regarding the discussions on public restrooms with the City of Costa Mesa. The Board of Directors requested that an update regarding the public restrooms be placed on the next Study Session agenda. Assistant Secretary Ooten suggested that the Orange County Public Health officials be included in the discussion about public restrooms due to the recent Hepatitis outbreak in San Diego. There was no further discussion. Procedural: 2. Adjournment President Scheafer adjourned the meeting at 10:50 A.M. _________________________ _________________________ Arlene Schafer Michael Scheafer Secretary President File Attachments minutes_2017_10_10_ss.pdf (46 KB) B. CONSENT CALENDAR Board of Directors Regular Meeting October 26, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, James Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Wendy Davis (Finance Manager), Kaitlin Tran (Senior Accountant), Marc Davis (District Treasurer), Robin Hamers (District Engineer) Others present None Meeting called to order at 5:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 5:30 P.M. Procedural: 2. Pledge of Allegiance President Scheafer led the pledge of allegiance. Procedural: 3. Invocation Vice President Ferryman led the invocation. Procedural: 4. Roll Call District Clerk, Noelani Middenway, conducted roll call and all Board Members were present. Presentation, Procedural: 5. Ceremonial Matters and Presentations President Scheafer presented a proclamation to District Treasurer, Marc Davis, of Davis Farr, LLP for being recognized by the Orange County Business Journal as one of the 50 most community-minded companies in Orange County. Mr. Davis thanked the Board of Directors and discussed some of Davis Farr's community-related programs. Procedural: 6. Announcement of Late Communications None at this time. Procedural: 7. Public Comments President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. B. CONSENT CALENDAR Subject 3. Approve the Board of Directors Regular Meeting Minutes of October 26, 2017 Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent): 2. Approve the Board of Directors Study Session Meeting Minutes of September 12, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 3. Approve the Board of Directors Regular Meeting Minutes of September 21, 2017 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 5. Adopt Warrant Resolution No. CMSD 2018-04 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2018-04 approving District warrants for the month of September 2017 in the amount of $2,869,285.87. Action (Consent): 6. Approve Payroll Transparency Disclosure for September 2017 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Approve the preparation of a warrant to CR Transfer in the amount of $196,985.21 for September 2017 recycling and disposal services in the October 2017 warrant register Recommendation: Approve the preparation of a warrant to CR Transfer in the amount of $196,985.21 for September 2017 recycling and disposal services to be ratified in the October 2017 warrant register. Action (Consent): 8. Accept the occupancy count as presented as 22,518 and direct staff to prepare a warrant to CR&R Environmental Services for $220,572.82 for September 2017 collection Recommendation: Accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for September 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the October 2017 warrant list. Action (Consent): 9. Receive and file CCTV (Closed Circuit TV) Program Report Recommendation: That the Board of Directors receive and file the report. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS Discussion, Receive and File: 1. Receive and File FY 2015-20 Strategic Plan Quarterly Update - 1st Quarter Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, presented the Fiscal Year 2015-20 Strategic Plan Quarterly Update for the 1st Quarter. For clarification, he explained the significance of each color used in the "Completion Timeline" column of the report's attachment. There were no questions or discussion and the report was received. Action: 2. Consider Approving Commercial Driver's License Pay Recommendation: That the Board of Directors approve benefit pay for Wastewater Maintenance classifications that are required to maintain a valid California Commercial Driver's License for the performance of their assigned job duties. Mr. Carroll presented a proposal to consider benefit pay for Wastewater Maintenance classifications that are required to maintain a valid California Commercial Driver's License for the performance of their assigned job duties. He noted that the idea stemmed from an employee satisfaction survey that was conducted recently by the District. He added that staff conducted research to find out how much other similar agencies provide as a benefit for these licenses. Lastly, Mr. Carroll noted that the purpose of this benefit would be to attract and retain employees. President Scheafer asked why Santa Margarita Water District provides such a large benefit for the Class A License. Mr. Carroll replied that it could be related to union negotiations. He noted that the District does not require a Class A License for Wastewater Maintenance classifications. President Scheafer asked how often the District verifies that staff maintains these licenses. Mr. Carroll replied that the licenses are verified quarterly and that the Department of Motor Vehicles notifies the District if Wastewater Maintenance staff receive any points on their driving records. Discussion followed regarding how often staff must re-apply for commercial licenses. Mr. Carroll noted that staff is proposing benefit pay of $260 annually, in order to stay competitive with Irvine Ranch Water District and other local agencies. Discussion followed regarding when staff will receive the benefit payment, should the benefit be approved, and the costs of training and obtaining the licenses. Motion: To approve benefit pay for Wastewater Maintenance classifications that are required to maintain a valid California Commercial Driver's License for the performance of their assigned job duties. Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion and the recommendation was approved. Action: 3. Consider Approving the Costa Mesa Chamber of Commerce Contribution Application for Costa Mesa Public Safety Recognition Celebration Event Recommendation: That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa Public Safety Recognition Celebration Event; and 2. Describe how the expenditure will advance CMSD’s purpose. Mr. Carroll presented a Contribution Application that was received from the Costa Mesa Chamber of Commerce to request $1,000.00 for the Costa Mesa Public Safety Recognition Celebration. He noted that the Board of Directors must establish the purpose the District is trying to serve as a contributor and describe how the expenditure will advance the District's purpose. Mr. Carroll indicated that the purpose stated on the application does not meet the District's criteria. He added that the Board of Directors could take the following alternative actions if they choose not to approve the application: approve a non-monetary contribution, such as reusable grocery bags, or ask the Chamber to resubmit the application form with an updated description of how the contribution would benefit the District. Secretary Schafer asked if staff considered contributing sharps containers. Mr. Carroll replied that sharps containers are usually distributed as a service to residents and they would not necessarily be beneficial to all public safety employees. Director Perry asked for confirmation of the event date. Mr. Carroll noted that he was unsure of the exact date of the event. President Scheafer indicated agreement with Mr. Carroll that the application did not specify how the contribution would benefit the District or promote District programs. He suggested that the District ask the Chamber of Commerce to submit an updated application with further information. Director Perry asked if the District financially contributed to this event previously. Mr. Carroll replied that the District had not contributed financially, but had provided promotional items for last year's event. Secretary Schafer indicated agreement with President Scheafer's suggestion and recommended that a letter to be sent to the Chamber of Commerce. Motion: The Board of Directors directed staff to request additional information from the Chamber of Commerce on how the District's purpose would be furthered and bring the item back to a future agenda. Motion by Arlene Schafer, second by Jim Ferryman. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. Action: 4. Receive and File the First Quarter Budget Review for FY 2017-18. Recommendation: That the Board of Directors receive and file this report. Kaitlin Tran, Senior Accountant, provided report details for the First Quarter Budget Review for Fiscal Year 2017-18. She noted that 17.2% of the Solid Waste budget and $43.1% of the Wastewater budget have been expended. There was no discussion and the Board of Directors received the report. Action: 5. Carryover Appropriations and Carryover Encumbrances from Fiscal Year 2016-17 to Fiscal Year 2017-18 Recommendation: That the Board of Directors approve the re-appropriation of funds in the Fiscal Year 2017-18 for the carryover items from the prior fiscal year as detailed in Attachments A and B, and summarized as follows: 10 Solid Waste Fund Carryover Appropriations $15,000, Encumbrances $0 20 Wastewater Fund Carryover Appropriations $1,858,225, Encumbrances $101,301 Finance Manager, Wendy Davis, provided report details for the Carryover Appropriations and Encumbrances from Fiscal Year 2016-17 to Fiscal Year 2017-18. President Scheafer requested clarification regarding the pump station art wrap appropriation and its account classification. Assistant Secretary Ooten requested clarification regarding the President Pump Station appropriation. Motion: To approve the re-appropriation of funds in the Fiscal Year 2017-18 for the carryover appropriation items from the prior fiscal year as detailed in Attachment A and summarized as follows: 10 Solid Waste Fund Carryover Appropriations $15,000 20 Wastewater Fund Carryover Appropriations $1,858,225 Motion by Arlene Schafer, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Motion: To approve the re-appropriation of funds in the Fiscal Year 2017-18 for the carryover encumbrance items from the prior fiscal year as detailed in Attachment B and summarized as follows: 10 Solid Waste Fund Carryover Encumbrances $0 20 Wastewater Fund Carryover Encumbrances $101,301 Motion by Bob Ooten, second by Jim Ferryman. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. Action: 6. Consider Adopting a Citizens Advisory Committee Recommendation: That the Board of Directors: 1. Adopts Administrative Policy No. 60.00; 2. Give preliminary approval of the Citizens Advisory Committee Handbook; and 3. Authorize staff to finalize the document after receiving District Counsel edits. Mr. Carroll presented the Administrative Policy and Citizens Advisory Committee Handbook for the proposed Citizens Advisory Committee (CAC). He noted that the CAC was brought to the Board of Directors for discussion on September 12, 2017 and that the Board directed staff to research the City of Costa Mesa's committee policies and procedures and report back with findings. Mr. Carroll described seven significant changes to the CAC policies that were made after conducting the requested research. He added that an official policy and handbook were established and are attached for consideration of approval. Director Perry requested clarification regarding the recommendation of CAC members by Board Members, as described in the staff report. Mr. Carroll noted that the Board of Directors would vote on the appointment of recommended members. Secretary Schafer asked if CAC information was distributed during the State of the District event on October 18, 2017. Ms. Middenway noted that staff distributed informational material and collected email addresses from interested individuals. President Scheafer confirmed that the CAC will be promoted through social media, the District newsletter, and other available promotional outlets. Director Perry asked how many members the CAC will have. Mr. Carroll noted that the District is hoping to have up to eleven members on the CAC. Secretary Schafer asked when the CAC will begin. Mr. Carroll replied that the CAC will begin on April 1, 2018. He added that the District will promote the CAC and the Board of Directors will appoint CAC members prior to this date. Director Perry requested a copy of the CAC Handbook. Discussion followed regarding the non-voting Board liaison to the CAC and the District staff members that would be involved in the CAC. Secretary Schafer confirmed that the District would need to record minutes and follow regular meeting notification requirements for the CAC. Motion: To adopt Administrative Policy No. 60.00, give preliminary approval of the Citizens Advisory Committee Handbook, and authorize staff to finalize the document after receiving District Counsel edits. Motion by Jim Ferryman, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. Action: 7. Approve Request for Rate Adjustment for Davis Farr, LLP Recommendation: That the Board of Directors approve Davis Farr request for a rate adjustment and direct the General Manager to execute an amendment to the Agreement between the Costa Mesa Sanitary District and Davis Farr, LLP. Mr. Carroll presented the requested rate adjustment. He noted that the adjustment was included in the approved Fiscal Year 2017-18 budget and that staff is seeking direction to draft an amendment to the current Davis Farr, LLP agreement to include this rate adjustment. Motion: To approve Davis Farr's request for a rate adjustment and direct the General Manager to execute an amendment to the Agreement between the Costa Mesa Sanitary District and Davis Farr, LLP. Motion by Art Perry, second by Jim Ferryman. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no questions or discussion. E. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File Capital Improvement Projects Status Report Recommendation: The Board of Directors receive and file this report. District Engineer, Robin Hamers, provided report details. He addressed Assistant Secretary Ooten's prior comment regarding Project #317 and noted that there will be an approximate savings of $200,000-$250,000 at the time of the project's completion. President Scheafer provided comments regarding the placement of the District's emergency equipment and shared comments he received after the State of the District event. Discussion followed regarding the District's emergency operations plans. There were no further questions or discussion and the report was received. F. TREASURER'S REPORTS Action: 1. Approve Investment Report for the month of September 2017 Recommendation: That the Board of Directors approve Investment Report for the month of September 2017. District Treasurer, Marc Davis, provided Investment Report details. He noted that the total pooled cash and investments are down due to the District's dry period and the acquisition of the property on Fairview Road. Discussion followed regarding the collection of general property taxes. Motion: To approve the Investment Report for the month of September 2017. Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. G. ATTORNEY'S REPORTS Discussion: 1. Provide Update on CR&R Agreement Negotiations - Oral Report Recommendation: That the Board of Directors receive and file the oral report. President Scheafer addressed District Counsel, Alan Burns, and indicated that the Board of Directors may want to go into closed session regarding this item. Mr. Burns noted that the District does not have all of the documents necessary to make a final recommendation to the Board of Directors. He noted that the closed session item is not agendized. He explained that in order for the Board of Directors to go into closed session, a motion must be made to address the non-agendized item and a finding must be made that there is a need for the Board of Directors to take immediate action (a need that did not exist when the agenda was prepared). President Scheafer commented that there may not be a need to take immediate action if the District does not have all of the necessary information. Director Perry suggested that a recurring closed session item be added to future Board Meetings, while the District is in negotiations with CR&R. President Scheafer asked Mr. Burns which document the District is missing. Mr. Burns noted that the District is missing Exhibit A from a 2012 agreement between CR&R and the city in question. He noted that the city in question claims that the document does not exist. Discussion followed regarding the urgency of the matter. The Board of Directors expressed interest in holding a Special Meeting, if necessary, to resolve the matter. Mr. Burns provided an update regarding the District's Court of Appeals case regarding a regional water quality control fine. There were no further questions or discussion and the report was received. H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Discussion: 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Vice President Ferryman shared that OCSD and Orange County Water District (OCWD) entered an agreement for the final expansion of the Groundwater Replenishment System (GWRS). Additionally he added that there were strides made in OCSD's negotiations with Orange County Transportation Authority (OCTA). Assistant Secretary Ooten shared an update regarding OCSD's Strategic Plan. Discussion followed regarding OCSD's State of the District Breakfast. Discussion: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry noted that there was no SARFPA meeting. Discussion: 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer noted that he and Secretary Schafer attended the Executive Committee Meeting and the Quarterly Luncheon. He added that ISDOC is in the process of obtaining non-profit status and discussed an emergency operations presentation given by a representative from John Wayne Airport. Discussion: 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that she attended a CSDA regional tour of Orange County Water District, Orange County Cemetery District, and the Orange County Mosquito and Vector Control District. Additionally, she noted attending a meeting regarding portable restrooms for the homeless with Vice President Ferryman and a meeting regarding addressing homelessness in Costa Mesa. Discussion: 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer noted that the SDRMA Board Meeting will take place next week. Discussion: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Director Perry noted attending the Chamber of Commerce Breakfast. Secretary Ooten noted attending the Water Advisory Committee of Orange County (WACO) meeting. I. OLD BUSINESS None at this time. J. NEW BUSINESS None at this time. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS President Scheafer requested that staff create and distribute a press release for the Citizens Advisory Committee. Assistant Secretary Ooten noted that he joined the Newport-Mesa Unified School District's (NMUSD) Citizens Oversight Committee. Director Perry requested an update regarding the inclusion of Mesa Water District and NMUSD in the discussion of mobile restrooms in Costa Mesa. President Scheafer noted that he will not be present at the November 14, 2017 Study Session. L. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting at 6:45 P.M. _________________________ _________________________ Arlene Schafer Michael Scheafer Secretary President File Attachments minutes_2017_10_26_rm.pdf (71 KB) B. CONSENT CALENDAR A. Directors' compensation for the month of October 2017 B. Directors' reimbursement of expenses for the month of October 2017 File Attachments A - Directors' Compensation October 2017.pdf (2,004 KB) B - Directors' Expense Reimbursement October 2017.pdf (999 KB) Subject 4. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as presented. B. CONSENT CALENDAR Summary Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 30, 2017 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov Alternative Actions Refer item back to staff with further instructions. File Attachments Payroll Transparency Disclosure Oct 2017.pdf (921 KB) Subject 5. Approve Payroll Transparency Disclosure for October 2017 Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve and file the report. Goals 7.0 Finance B. CONSENT CALENDAR Summary The following is a summary of the CCTV (Closed Circuit TV) Pilot Program activity for the 2017-2018 fiscal year as of October 31, 2017: Adopted CCTV Budget $50,000 FY 16-17 Carryover Budget 0 Total Budget $50,000 FY 17-18 New Applications Received = 82 Applications Processed for Payment = 30 $ 6,000 Applications In Process = 52 13,000 Available Spots Based on Funding = 124 31,000 Total Projected Cost $50,000 Legal Review Not applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 30, 2017 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. Subject 6. Receive and file CCTV (Closed Circuit TV) Program Report Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file the report. Goals 1.9 Sewer Lateral Assistance Program (SLAP) B. CONSENT CALENDAR File Attachments WARRANT RESO 11-30-17 2018.pdf (371 KB) Subject 7. Adopt Warrant Resolution No. CMSD 2018-5 Approving District Warrant Registers Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2018-5 approving District warrants for the month of October 2017 in the amount of $319,247.25. Goals 7.0 Finance B. CONSENT CALENDAR Summary The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop and pick-up trash. The District pays CR&R $9.7954 per occupant per month. Each month, new residential customers in brand new developments contact the District to establish new trash service. District staff contacts CR&R to approve the drop-off of carts at the residence, which results in an increase in the occupancy count as shown on the attached list. Over the years, some discrepancies have occurred in the number of total occupancies. District staff has been working with CR&R to reconcile the entire list of service addresses for the past few months. While this process in underway, the District and CR&R have agreed to freeze the occupancy count at the March 2017 level. District staff will continue to track the number of new service addresses, but the District will only pay for the total occupancy count of 22,518 until the total address list is verified. Twenty (20) accounts have been added since the last billing period. The payment calculation is based on the following: District's Current Rate for October of 2017: 22,518 x $9.7954 = $220,572.82 Recommendation That the Board of Directors accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the November 2017 warrant list. Analysis Accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the November 2017 warrant list. Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Subject 8. Accept the occupancy count as presented as 22,518 and direct staff to prepare a warrant to CR&R Environmental Services for $220,572.82 for October 2017 collection Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Preferred Date Nov 30, 2017 Absolute Date Nov 30, 2017 Recommended Action That the Board of Directors accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2017 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the November 2017 warrant list. Goals 2.2 Annual Contract Audits 2.4 Develop Strategies for 75% Waste Diversion Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 30, 2017 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. File Attachments CMSD Occupancy Report October 2017.pdf (27 KB) B. CONSENT CALENDAR Summary This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill. With the implementation the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks. Recommendation That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for October 2017 recycling and disposal services to be ratified in the November 2017 warrant register. Analysis Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and Newport Beach. Please note there was a discrepancy with billing this month, CR&R's billing system inaccurately calculated invoice totals and under billed the District by $56.07, but CMSD will be paying what is reflected in the invoice. Costa Mesa Newport Beach Total Residential Waste $131,860.63 $3,909.70 $135,770.33 Organics $54,541.63 $2,669.87 $57,211.50 Total Payment $192,981.83 Tonnage Residential Waste 2537.91 75.26 2613.17 Organics 762.82 37.62 800.44 Total Tonnage 3413.61 Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 30, 2017 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Subject 9. Approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for October 2017 recycling and disposal services in the November 2017 warrant register Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Preferred Date Nov 30, 2017 Absolute Date Nov 30, 2017 Recommended Action That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for October 2017 recycling and disposal services to be ratified in the November 2017 warrant register. Refer item back to staff with further instructions. B. CONSENT CALENDAR Summary Attached is the Investment Report for the month of October 2017. As required by the District’s Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Analysis This report lists the types of securities held in the District’s portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of October 31, 2017. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 22, 2017 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer’s Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. The weighted average stated rate of return (current yield) for the District’s investment portfolio as of October 31, 2017, was 1.481%. The yield to maturity of the portfolio was 1.486%. The District’s weighted average interest rate was 34 basis points (0.338%) above the LAIF average monthly rate for October 2017 of 1.143%. The weighted average number of days to maturity for the District’s total portfolio was 960 days (2.63 years). The average duration of the underlying securities in LAIF as of SOctober 31, 2017 was 184 days. The District’s investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of October 31, 2017 was 22.40%. The District has adequate cash reserves necessary to meet its obligations for the next six months. A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the District’s cash and investments are as follows: Classification Description Solid Waste Fund: Operating reserve Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Designated for revenue dry period Equal to 5 months of budgeted expenditures for the fiscal year to cover the cash deficit during the period in which the District does not receive any revenue. Undesignated Currently used for rate stabilization and payment of organics recycling costs. Wastewater Fund: Operating reserve Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Reserved for capital outlay Set aside for capital improvement projects approved and budgeted by the Board, but which have not yet been completed. Designated for revenue dry period Equal to 5 months of budgeted expenditures for the fiscal year to cover the cash deficit during the period in which the District does not receive any revenue. Undesignated Wasterwater funds available to be appropriated by the Board. Subject 10. Approve Investment Report for the Month of October 2017 Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action Approve the Investment Report for the month of October 2017. Goals 7.0 Finance Facilities Revolving Fund Collection of fixture fees which is a restricted revenue source and can only be used for new sewer facilities. Asset Replacement Fund Accumulation of funds for replacement of vehicles, equipment and computers. Asset Management Fund Accumulation of funds in accordance with asset management model for long-term replacement of sewer pipes and related infrastructure. Legal Review Legal review is not required. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6, “”Projects” does not include….C. Continuing administrative or maintenance activities.” Financial Review The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30, 2018. Through October 31, 2017, the portfolio has earned a weighted average interest rate of 1.481%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2017 Board of Directors regular meeting at District Headquarters (290 Paularino Avenue) and on the District’s website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff. File Attachments Investment Report - October 2017.pdf (581 KB) B. CONSENT CALENDAR Summary The agreement term with Roger Faubel Public Affairs, Inc. is set to expire on November 30, 2017. The District's Ad Hoc Committee believes it is in the best interest of CMSD and the community to extend the term of Faubel's agreement for six months. Recommendation That the Board of Directors considers approving a third amendment to agreement with Roger Faubel Public Affairs, Inc. Analysis Roger Faubel Public Affairs has provided consulting services to CMSD for community outreach and public relations. The term of the agreement expires on November 30, 2017, but CMSD's Ad Hoc Committee believes it is in the best interest of CMSD and the community to extend the term of Faubel's agreement for six months. The scope of work will not change, but the cost will be reduced from $6,000 to $4,000 a month. Legal Review District Counsel has reviewed and approved the third amendment attached hereto. Environmental Review The consideration of services by a consulting firm is an administrative matter and is not a disturbance of the environment similar to grading or construction and does not constitute a project under CEQA or the District’s CEQA Guidelines. Financial Review The cost for extending the agreement six months is $60,000. This item was included in the adopted therefore there are sufficient funds to cover this expense. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2017 Board of Directors meeting at District headquarters (290 Paularino Avenue) and on District’s website. Alternative Actions 1. Do not approve the third amendment File Attachments Faubel 3rd Amendment.pdf (557 KB) Subject 11. Roger Faubel Public Affairs, Inc. - Consider Approving Third Amendment to Agreement Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Fiscal Impact Yes Dollar Amount $60,000.00 Budgeted Yes Recommended Action That the Board of Directors considers approving a third amendment to agreement with Roger Faubel Public Affairs, Inc. Goals 4.0 Community Outreach & Communications D. GENERAL MANAGER'S REPORTS Summary On August 24, 2017 the Board of Directors approved acquiring the property adjacent to CMSD's Yard located at 2252 Fairview Road. Escrow closed on September 29, 2017 and now CMSD is the owner of the property. The property will be used to expand the Yard to allow for storing emergency equipment such as generators and by-pass pumps all in one location as well as providing better parking for the large Wastewater trucks. This property will also allow District vehicles to exit on to Fairview Road instead of only on to Wilson Street which has considerably more traffic. Recommendation That the Board of Directors approve the transfer and appropriation to complete yard expansion improvements as follows: Increase Decrease 20-201325-4300 District Yard Expansion #325 $147,800 20-201317-4300 President Force Main Rehab #317 $147,800 Analysis Currently, CMSD's emergency equipment are stored at variety of locations including CMSD's Yard, Orange Coast College and City of Costa Mesa Yard. Centralizing emergency equipment storage at one location, CMSD Yard, will improve response time to emergencies. In addition, the building at 2252 Fairview Road will be used to store supplies such as by-pass pump hoses, pump station valves, cables, etc. The improvements will include installing an eight foot high masonry block wall around the perimeter of 2252 Fairview Road, install a twenty-five foot rolling tubular steel exit gate on Fairview Road (the gate will match the existing gate for the Yard on Wilson Street) and remove portion of existing block wall at the Yard. The estimated construction cost is $102,100, which is more than the preliminary estimate of $75,000. The additional cost is due to several factors. 1. The fuel tank, along with the bollards, and one parking light needs to be relocated to ensure the heavy duty wastewater cleaning trucks have enough access to the acquired property. 2. The acquired property will be vacated by December 31, 2017, but construction will not begin until the beginning of 2018. A temporary chain link fence will need to be installed around the perimeter to protect the property from vandalism. 3. The pole and Hitch Crafter sign needs to be removed and the electrical needs to be capped. The total cost for this project, including design, plan check, contingency, inspection and contract administration is $147,800. The costs breakdown is as follows: Design Civil Engineering $ 12,180 Structural Engineering 5,190 Electrical Engineering 4,880 Total: $ 22,250 Construction $ 102,100 Subject 1. Consider Appropriating $147,800 for Yard Expansion Improvements Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Budgeted No Recommended Action That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project #317 to the District Yard Expansion Project #325 Goals 1.0 Sewer Infrastructure 5.0 Administrative Management 5.5 Refine emergency operations procedures and upgrade infrastructure 10% Contingency 10,210 Plan Check, Permits, etc. $ 3,030 Contract Admin/Inspection $10,210 GRAND TOTAL: $147,800 Legal Review Not applicable at this time, but District Counsel will review and approve contract and bonds prior to executing agreement with contractor. Environmental Review The project under consideration is exempt from CEQA as a conversion of an existing structure from one use to another with only minor exterior modifications and site improvement and also as an infill project. Financial Review Total cost for this project is estimated to be $147,800. The President Force Main Project #317, was budgeted at $1,464,000 however the construction contract was awarded for $673,530. After Engineering and other costs are added to projected expenses, staff feels there over $500,000 available to be transferred out for other projects including $147,800 to fund District Yard Expansion improvements. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2017 Board of Directors regular meeting at CMSD headquarters (290 Paularino Avenue) and on CMSD's website at www.cmsdca.gov. Alternative Actions 1. Do not approve the transfer of funds from Project No. 317. 2. Direct staff to report back with additional information. D. GENERAL MANAGER'S REPORTS Summary Last year, the Board directed staff to report back with some restroom ideas for the Costa Mesa homeless population. While no decision was made by the Board, the discussion did result in CMSD staff collaborating with the City's Network for Homeless Solutions Committee (NHS), which consist of city officials, faith partners (e.g. Fresh Beginnings, Trellis, Lighthouse Church), volunteers, non-profits (e.g. Serving People in Need (SPIN), Project Hope Alliance, Street Teams), and the County library. The goal for NHS is to find permanent housing, along with good paying jobs, to help people get off and stay off from living on the streets. NHS has been successful in reducing chronic homelessness in Costa Mesa from 158 to 103 individuals. At the September 15, 2017 City/Districts Liaison Committee meeting, Councilman John Stephens recognized the need for restrooms for the homeless due to the closure of the restrooms at Lions Park. He wanted to provide a hygienic and safe place for people to relieve themselves, while at the same time draw people out of places where children are. Recommendation That the Board of Directors approve the following: 1. Partner with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population; and 2. Appropriate $21,500 for the pilot program in the Wastewater Fund Contract Services. Analysis After hearing Councilman Stephens' comments and knowing that the Board wants to help the Costa Mesa homeless population, staff took the initiative to research and recommend an idea that may work in Costa Mesa. Staff learned that in cities like San Francisco, Miami and Sacramento, a program was implemented that offered safe, cleaned restrooms for the homeless population. Called, the "Pit Stop", the cities are providing mobile restrooms consisting of at least two portable restroom stalls on trailers. Having portable restrooms on trailers avoids attracting illegal activities, like permanent restrooms sometimes do, because you can strategically place the facility where it is needed most and you can be flexible in scheduling the hours when the restrooms are available to the homeless population (e.g. 6:30 am to 3:00 pm, 8:00 am to 5:00 pm, 10:00 am to 7:00 pm). After closing hours, the restrooms will be removed from its location and stored at CMSD or the City's yard, where it can receive service, such as pumping waste out of the toilets and restocking toilet paper. The key for making this program successful is having a paid attendant on site during the hours when the restrooms are made available to the homeless population. The paid attendant will ensure the restrooms are well maintained and used for their intended purpose. Assuming the mobile restrooms would be made available seven days a week, the program will need to hire several part-time attendants. Staff recommends an emphasis be made to hire people who where once homeless. The Mobile Restrooms Program was presented to the NHS Committee to obtain their comments, suggestions and recommendations. The Committee recommended the Mobile Restrooms Program be implemented in Costa Mesa, but emphasized paid attendants must be part of the program in order for it to be successful. The program was also discussed with City, Mesa Water and Newport Mesa Unified School District (NMUSD) officials. NMUSD supports the program and believes it will be a significant benefit to the community. NMUSD also agrees that supervision is the key to maintaining responsible use of public facilities; however, NMUSD cannot contribute funds for Subject 2. Consider Partnering with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population and consider approving appropriating $21,500 for the pilot program. Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $21,500.00 Budgeted No Budget Source Wastewater Fund Recommended Action That the Board of Directors approve the following: 1. Partner with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population; and 2. Appropriate $21,500 for the pilot program in the Wastewater Fund Contract Services. the program. Mesa Water's Executive Committee discussed public restrooms for the homeless on their November 7, 2017 agenda, but the Committee could not find a nexus to funding the program and has declined participation. Attached is more information about the proposed Mobile Restroom Program, including estimated costs and measurements to help determine the effectiveness of the program. After the Boards November 14 Study Session staff obtained additional information about the program, which is provided below. Pit Stops in other Cities Staff contacted representatives at the Cities of Sacramento, San Francisco and Miami to help determine how successful the Pit Stops are performing in these cities. Copies of staff's email correspondences with the cities are attached. San Francisco: The City of San Francisco believes the Pit Stop is a success. They have seen a decrease of human waste on the streets, which have resulted in improved neighborhood livability and a reduction in staff hours cleaning streets. The reduction of staff hours has allowed the city to shift its workload to other pressing needs within the city. The program also provided job opportunities for people who have faced hiring barriers. The City is now operating seventeen Pit Stops in eight neighborhoods. Sacramento: The City of Sacramento received mixed reviews from the public regarding their Pit Stop. The City did see less human waste in the streets and near businesses where the Pit Stop was located, but the improvements did not expand further to other parts of the City. The Pit Stop was not a magnet for homeless people living several blocks away from the restrooms because it was too far for them to walk. However, given the moderate success of the program, the City is considering bringing back the program. Miami: The City of Miami believes their Pit Stop program is an enormous success. The City has seen a reduction in complaints about human waste in the streets and the program is well received by local businesses. Miami had two locations operating seven days a week from 2:00 pm to 9:00 pm. During the one year pilot program, the restrooms were used 21,808 times. The program also created nine jobs. There has been no major maintenance or security concerns. Paid Attendant All the cities agreed that paid attendants are necessary for the success of the program. All three cities used a non-profit third party to staff and manage the pit stops. The non-profits have experience working with the homeless population. Americans with Disabilities (ADA) During the pilot program, San Francisco and Miami pits stops were not ADA restrooms. The restrooms San Francisco and Miami used in the pilot program are similar to the mobile restrooms being considered in this report (two units on a trailer). However, when San Francisco implemented the Pit Stop on a permanent basis they replaced the two unit trailer with ADA mobile restrooms as shown in the attachment. Also included in the attachment is a mobile ADA restroom from the City of Denver. San Francisco has installed permanent free standing ADA restrooms as part of the Pit Stop Program. The City of Miami is continuing to use non-ADA portable restrooms, but the City has plans to install a Portland Loo, which is a permanent free standing restroom that is ADA compliant. Renting Mobile Restrooms Instead of purchasing a two unit trailer restroom, CMSD and the City could consider renting mobile restrooms to evaluate the effectiveness of mobile restrooms through a six month pilot program. Staff obtained rental costs from several vendors for two VIP restroom units on one trailer. The VIP restrooms are not your typical porta potty. Each unit has a flushing toilet, sink, mirror, soap and paper dispenser, built-in trash receptacle, two roll toilet paper dispenser and solar panels to power lights and fan. Attached are the rental costs obtained by staff. A mobile restroom unit could be rented for $4,525 for the six month pilot program, which is considerably less than purchasing a unit. Purchasing an ADA Mobile Restroom Sacramento spent $35,425 to purchase a 3-stall ADA compliant mobile restroom trailer for their pilot program. This cost is consistent to staff's findings in the attachment. The cost to purchase a mobile ADA restroom trailer ranged from $32,174 to $44,000, which includes tax. If the pilot program is determined to be successful, than CMSD and the City may have to acquire an ADA mobile restroom. Legal Review Not applicable Environmental Review Installing a prefabricated restroom structure that requires utility connections for water, sewer, and electricity, is categorically exempt under the California Environmental Quality Act (CEQA) Section 15303. The section states: "Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures..." Financial Review Staff estimate the cost for a six month pilot program is $43,000. Staff is recommending CMSD contributes 50% of the cost, or $21,500, and the City contributes the other half ($21,500). If the program is successful and officials decide to continue with the program on a permanent basis then acquiring an ADA mobile restroom maybe required at a cost of $32,174, which would be split by CMSD and the City's at $16,087 a per agency. In addition, recurring contributions (e.g. paid attendant, restroom maintenance, supplies, miscellaneous, etc.) will be split in half or $33,100 annually per agency. This item was not included in the adopted budget, therefore staff is requesting that the Board approve the appropriation of $21,500 in the Wastewater Fund Contract Services account. Funds will be transferred from the Wastewater Contingency account by the General Manager. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 30, 2017 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions 1. Do not approve the Mobile Restroom Program. 2. Direct staff to report back with more information File Attachments Mobile Restrooms for Homeless Revised.pdf (5,983 KB) Email Correspondence - SF.pdf (1,644 KB) Email Correspondence - Sacramento.pdf (4,198 KB) Email Correspondence - Miami.pdf (2,397 KB) ADA Mobile Restrooms.pdf (1,061 KB) Rental and Purchase Costs.pdf (1,149 KB) E. ENGINEER'S REPORTS Summary Attached is a summary of the Capital Improvement Project activities during the month. Legal Review Not Applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 30, 2017 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov Alternative Actions Refer item back to staff with further instructions. File Attachments CIP Updates Nov 2017.pdf (20 KB) Subject 1. Receive and File Capital Improvement Projects Status Report Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Recommended Action The Board of Directors receive and file this report. Goals 1.4 System Wide Sewer Replacement and Repair Program 1.1 Manhole Cover Maintenance Program 1.0 Sewer Infrastructure E. ENGINEER'S REPORTS Summary Please be advised that I have been retained to perform private engineering work for the property at 148 E. 22rd Street, Costa Mesa, which creates a Conflict of Interest. Analysis Pursuant to state law, District Operations Code Section 3.01.045, and my contract with the District as District Engineer: 1. I hereby notify you of this source of income or other relationship that causes me a conflict in approving any matters in my official capacity pertaining to this property and these persons. 2. I request that the General Manager alert the Alternate District Engineer that he is to provide all engineering approvals on behalf of the District with respect to these persons or that property. 3. That the Alternate District Engineer shall report directly to the General Manager and submit his bills for services directly to the General Manager. 4. That if any plans are required to be approved, that those shall show my seal and signature as private engineer of record, and the Alternate District Engineer shall provide his approval by signing as Alternate District Engineer. That these separate approvals shall be given on the same page and in a manner that clearly shows the separate capacities of each engineer in providing their respective approvals. 5. I request that the District Clerk maintain a copy of this Declaration of Conflict of Interest, Recusal and Referral to Alternate District Engineer as a permanent record of the District or for as long as required under the District’s record retention schedule. If I can provide further information about the identity of my source of income or about the scope of my assignment, please advise, and I will elaborate as necessary. Legal Review The attorney for the District prepared the conflict of interest form and created the procedure to avoid conflict. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Staff will route the appropriate plans to the Alternate Engineer and Inspector for approval. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2017 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Refer the matter back to staff for additional information. File Attachments 148 E. 22nd Street cmsd District Engineer Declaration of Conflict_of Interest.pdf (24 KB) Subject 2. Receive and File District Engineer's Conflict of Interest for 148 E. 22rd Street, Costa Mesa Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Receive and File E. ENGINEER'S REPORTS File Attachments Yard Expansion Images.pdf (15,341 KB) Subject 3. District Yard Expansion Update - Oral Report Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Receive and File F. TREASURER'S REPORTS Subject 1. Treasurer's Reports Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Information H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Information H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Information H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer) Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Information H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Information H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Information K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Discussion L. ADJOURN TO CLOSED SESSION Conference with Legal Counsel - Existing Litigation Government Code 54956.9(d)(1): 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC 2. The Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board; Court of Appeal State of Calif. Fourth Appellate District, Division Three, No. G055278 Subject 1. Conference with Legal Counsel - Existing Litigation Government Code §54956.9(d)(1) - 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC - 2. The Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board; Court of Appeal State of Calif. Fourth Appellate District, Division Three, No. G055278 Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Discussion N. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON DECEMBER 21, 2017 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVE, COSTA MESA, CA 92626. Subject 1. Adjourn Meeting Nov 30, 2017 - Board of Directors Regular Meeting Access Public Type Procedural