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2017_12_21_boardThursday, December 21, 2017 Board of Directors Regular Meeting 290 Paularino Avenue, Costa Mesa 5:30PM A. OPENING ITEMS Subject 1. Call to Order Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation Meeting Dec 21, 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 Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 5. Ceremonial Matters and Presentations Meeting Dec 21, 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 Dec 21, 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 Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Procedural B. CONSENT CALENDAR Subject 1. Approve Consent Calendar Meeting Dec 21, 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 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION NOVEMBER 14, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman Members Absent Mike Scheafer Staff Present Scott Carroll (General Manager), Wendy Davis (Finance Manager), Ed Roberts (Code Enforcement Officer), Nabila Guzman (Management Analyst I), Gina Terraneo (Management Analyst I) Others Present Luke Money (Daily Pilot), Shelley Heller (CR&R) Meeting called to order at 9:31 A.M. A. OPENING ITEMS Procedural: 1. Roll Call Vice President Ferryman called the meeting to order at 9:31 A.M. Management Analyst I, Gina Terraneo, conducted roll call. She noted that Director Perry, Assistant Secretary Ooten, Secretary Schafer, and Vice President Ferryman were present and that President Scheafer was excused from the meeting. Procedural: 2. Public Comments Vice President Ferryman opened public comments. Seeing no one from the public wishing to speak, Vice President Ferryman closed public comments. B. ITEMS OF STUDY Receive and File: 1. October 2017 Code Enforcement Officer report Recommendation: That the Board of Directors receive and file the report. Code Enforcement Officer, Ed Roberts, provided report details. He noted that there were a total of 5 documented scavenging investigations and 82 warnings issued for trash carts in public view. Director Perry asked if there were any repeat offenders within the list of trash carts in public view. Mr. Roberts responded that there were occasionally repeat offenders, but that no single residence stood out as having an egregious amount of violations. There were no further questions or discussion and the report was received. Receive and File: 2. Organics Tonnage Report Recommendation: That the Board of Directors receive and file the report. Subject 2. Approve the Board of Directors Study Session Meeting Minutes of November 14, 2017 Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. General Manager, Scott Carroll, presented the report and invited questions. Director Perry commented that the organics tonnage appears to be increasing. There were no further questions or discussion and the report was received. Receive and File: 3. Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file the report. General Manager, Scott Carroll, presented the report and invited questions. He noted that the District did not receive Orange Coast College (OCC) Recycling Center's October data in time to include it in the report. Discussion followed regarding the OCC Recycling Center's volume of intake since its expansion. Assistant Secretary Ooten asked how the District plans to reach its goal of 75% landfill diversion. Mr. Carroll noted that the District will increase public education, reward residents for participating in recycling organics, and utilize the Citizens Environmental Protection Academy to conduct outreach for the Organics Recycling Program. Assistant Secretary Ooten indicated that he would like to see more planning taking place. Mr. Carroll clarified that the state mandate of 75% landfill diversion refers to all types of waste, including commercial. He suggested that District staff meet with City of Costa Mesa staff to compare data and confer about their combined (or overall) diversion rate. Discussion followed regarding the City of Costa Mesa's diversion rate. Mr. Carroll noted that District staff will bring an item to the next Study Session to report back the results of conferring with the City of Costa Mesa's staff. There were no further questions or discussion and the report was received. Receive and File: 4. Costa Mesa Network for Homeless Solutions - Oral Report Recommendation: That the Board of Directors receive and file the report. Mr. Carroll shared that Bill Nelson of Fresh Beginnings was invited to share a report about the achievements of the Costa Mesa Network for Homeless Solutions. He noted that Mr. Nelson was not present to provide the report and that he will be invited to attend next month's Study Session. Vice President Ferryman noted that the District received information from a representative for the Portland Loo and indicated support for consideration of the Portland Loo as a possible solution. Secretary Schafer suggested that the topic of public restrooms be placed on the agenda for the December 15, 2017 Liaison Committee Meeting. Discussion followed regarding the migration of Orange County homeless encampments. There were no further questions or discussion and the report was received. Action: 5. Consider Appropriating Funds to Implement Mobile Restrooms Program for Costa Mesa Homeless Population Recommendation: That the Board of Directors direct staff to bring this item back on November 30, 2017 to consider appropriating $50,000 to implement a Mobile Restroom Program for the Costa Mesa homeless population. Mr. Carroll provided report details. He discussed a portable public restroom program utilized in the cities of Sacramento, San Francisco, and Miami called the "Pit Stop" that includes 2 portable restrooms on a trailer. Mr. Carroll added that a key aspect of the program is the hiring of paid attendants to maintain and monitor the restrooms. He noted that the City of Costa Mesa and the Newport-Mesa Unified School District (NMUSD) have indicated support for the idea; however NMUSD is unable to contribute funds for the program. Additionally, he noted that Mesa Water District included the topic of portable public restrooms on the agenda for a recent Executive Committee Meeting, but that they did not report their position on the program. Mr. Carroll recommended that the Board of Directors direct staff to bring the item to the November 30, 2017 Board Meeting to consider appropriating $50,000 for the program (about half of the estimated cost of implementation and staffing). Lastly, Mr. Carroll noted that if the program is successful, the $50,000 would be an ongoing cost, and if the program is not successful, the City and the District could rent out the portable restrooms for events. Secretary Schafer asked which agency would be in charge of the program. Mr. Carroll replied that the program lead is yet to be discussed. He shared that his vision is for the Costa Mesa Network for Homeless Solutions to oversee the program and for the District to take the lead on procuring the restrooms. He added that the key issue is the staffing of the restrooms, and that perhaps a non-profit organization can oversee the staffing. Secretary Schafer suggested that the District utilize the California Special Districts Association's listserv to gain feedback about the portable restroom program. She indicated concern with bringing the item to a future meeting without verifying the lead agency and securing program funding. Vice President Ferryman commented that the appropriation of funds can be contingent upon participation from other agencies. Discussion followed regarding the possibility of seeking out grants to fund the program, the total cost of the Pit Stop restrooms, and finding out how involved the City of Costa Mesa intends to be. Director Perry indicated support for placing an item on the November 30, 2017 Board Meeting agenda to consider appropriating $50,000 to implement the mobile restroom program, contingent upon the participation of the City of Costa Mesa. Vice President Ferryman suggested that the District keep the Portland Loo in mind as a possible solution. Assistant Secretary Ooten indicated support for the program and noted that there is a need for public restrooms in the community. The Board of Directors directed staff to place an item on the November 30, 2017 Board Meeting agenda to consider appropriating $50,000 to implement a mobile restroom program for the Costa Mesa homeless population. There were no further questions or discussion. Receive and File: 6. Recycling Holiday Fats, Oils, and Grease (FOG) Recommendation: That the Board of Directors receive and file the report. Management Analyst I, Gina Terraneo, provided report details. She noted that the OCC Recycling Center accepts used cooking oil and grease for recycling. Director Perry asked if the OCC Recycling Center is still in possession of the banner that the District provided for the cooking oil recycling service. Ms. Terraneo noted that she would find out and ask that the banner be displayed. Secretary Schafer asked if the cooking oil recycling service was included in the District Newsletter. Ms. Terraneo noted that it was included in the most recent Fall Newsletter. Assistant Secretary Ooten suggested that staff ask the OCC Recycling Center to make signage available for the cooking oil recycling. Additionally, he suggested that staff distribute a flyer through NMUSD's PeachJar e-mail distribution service. There were no further questions or discussion and the report was received. C. CLOSING ITEMS Procedural: 1. Oral Communications & Director Comments Secretary Schafer asked when the Board of Directors will be available for a holiday dinner. Discussion followed regarding the Board of Directors' availability for a holiday dinner. There were no further comments or discussion. Procedural: 2. Adjournment Vice President Ferryman adjourned the meeting at 10:20 A.M. _________________________ _________________________ Arlene Schafer Michael Scheafer Secretary President File Attachments minutes_2017_11_14_ss.pdf (44 KB) B. CONSENT CALENDAR COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING NOVEMBER 21, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members Absent None Staff Present Scott Carroll (General Manager), Alan Burns (District Counsel), Wendy Davis (Finance Manager), Gina Terraneo (Management Analyst I) Others Present None Meeting called to order at 9:01 A.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 9:01 A.M. Procedural: 2. Roll Call Management Analyst I, Gina Terraneo, conducted roll call and all Board Members were present. Procedural: 3. Public Comments President Scheafer opened public comments. Seeing no one from the public present, President Scheafer closed public comments. B. ADJOURN TO CLOSED SESSION Procedural: 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case) President Scheafer adjourned the meeting to closed session at 9:02 A.M. to confer with District Counsel, Alan Burns, regarding the following: ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case). C. CLOSING ITEMS Procedural: 1. Reconvene to Open Session President Scheafer reconvened the meeting to open session at 9:34 A.M. He noted that there was no reportable action taken during the closed session. Procedural: 2. Oral Communications & Director Comments Subject 3. Approve the Board of Directors Special Meeting Minutes of November 21, 2017 Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. Secretary Schafer provided comments regarding the Board of Directors' Holiday Dinner on December 12, 2017. Discussion followed regarding the District's Staff Holiday Lunch on December 14, 2017. President Scheafer asked that staff inform the Board of Directors if they receive time-sensitive mail addressed to Board Members at District offices. Procedural: 3. Adjournment President Scheafer adjourned the meeting at 9:39 A.M. _________________________ _________________________ Arlene Schafer Michael Scheafer Secretary President File Attachments minutes_2017_11_21_special.pdf (32 KB) B. CONSENT CALENDAR COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING NOVEMBER 30, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Wendy Davis (Finance Manager), Marc Davis (District Treasurer), Robin Hamers (District Engineer), Gina Terraneo (Management Analyst I) Others present Louis Casiano (Orange County Register), Luke Money (Daily Pilot), Jim Mosher (resident) Meeting called to order at 6:20 P.M. A. OPENING ITEMS Procedural: 1. Call To Order President Scheafer called the meeting to order at 6:20 P.M. Procedural: 2. Roll Call President Scheafer noted that all Board Members were present. Procedural: 3. Public Comments President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. B. ADJOURN TO CLOSED SESSION Discussion: 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case) President Scheafer adjourned the meeting to closed session at 6:21 P.M. to confer with legal counsel regarding the following anticipated litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case). C. CLOSING ITEMS Procedural: 1. Reconvene to Open Session President Scheafer reconvened the meeting to open session at 6:51 P.M. He noted there was nothing to report and no action taken on the closed session items. Procedural: 2. Oral Communications & Director Comments None at this time. Subject 4. Approve the Board of Directors Special Meeting Minutes of November 30, 2017 Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. Procedural: 3. Adjournment President Scheafer adjourned the meeting in memory of Brad Long of the City of Costa Mesa at 6:51 P.M. _________________________ _________________________ Arlene Schafer Michael Scheafer Secretary President File Attachments minutes_2017_11_30_special.pdf (33 KB) B. CONSENT CALENDAR COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING NOVEMBER 30, 2017 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Wendy Davis (Finance Manager), Marc Davis (District Treasurer), Robin Hamers (District Engineer), Gina Terraneo (Management Analyst I) Others present Louis Casiano (Orange County Register), Luke Money (Daily Pilot), Jim Mosher (resident) Meeting called to order at 5:32 P.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 5:32 P.M. Procedural: 2. Pledge of Allegiance President Scheafer led the pledge of allegiance. Procedural: 3. Invocation President Scheafer led the invocation. Procedural: 4. Roll Call District Clerk, Noelani Middenway, conducted roll call. All Board Members were present, except for Vice President Jim Ferryman. President Scheafer noted that Vice President Ferryman may be in transit to the meeting. Procedural: 5. Ceremonial Matters and Presentations None at this time. 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. District Counsel, Alan Burns, recommended that President Scheafer make a statement regarding the Special Meeting. Subject 5. Approve the Board of Directors Regular Meeting Minutes of November 30, 2017 Meeting Dec 21, 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 announced that the Special Meeting that was initially scheduled for 5:30 P.M. would be continued to take place at the end of the Regular Meeting. Director Perry exited the meeting at 5:34 P.M. B. CONSENT CALENDAR 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 October 10, 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 October 26, 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. Approve Payroll Transparency Disclosure for October 2017 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 6. Receive and file CCTV (Closed Circuit TV) Program Report Recommendation: That the Board of Directors receive and file the report. Action (Consent): 7. Adopt Warrant Resolution No. CMSD 2018-5 Approving District Warrant Registers Recommendation: 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. 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 October 2017 collection 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. Action (Consent): 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 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. Action (Consent): 10. Approve Investment Report for the Month of October 2017 Recommendation: That the Board of Directors approve the Investment Report for the month of October 2017. Action (Consent): 11. Roger Faubel Public Affairs, Inc. - Consider Approving Third Amendment to Agreement Recommendation: That the Board of Directors considers approving a third amendment to agreement with Roger Faubel Public Affairs, Inc. Motion: That the Board of Directors approve the Consent Calendar as presented. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 3-0-2 Aye: Arlene Schafer, Bob Ooten, Mike Scheafer Not Present at Vote: Art Perry, Jim Ferryman Director Perry re-entered the meeting at 5:35 P.M. There were no questions or discussion. C. PUBLIC HEARINGS None at this time. D. GENERAL MANAGER'S REPORTS Action: 1. Consider Appropriating $147,800 for Yard Expansion Improvements Recommendation: 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. General Manager, Scott Carroll, requested that Item E3 be presented prior to discussion and consideration of Item D1. President Scheafer invited District Engineer, Robin Hamers, to present Item E3. E. ENGINEER'S REPORTS Receive and File: 3. District Yard Expansion Update - Oral Report Recommendation: That the Board of Directors receive and file the report. District Engineer, Robin Hamers, shared images of the District Yard in its current state. Additionally, he explained the proposed expansion project, which includes the extension of the perimeter wall, relocation of the fuel tank and parking lot light, and installation of a rolling gate at the property entrance on Fairview Road. Director Perry asked how far the perimeter wall would be set back from the street. Mr. Hamers indicated the location of the wall on the projected image. Discussion followed regarding the project plans and the proposed landscaping. Secretary Schafer asked where the District's emergency equipment would be stored. Mr. Hamers noted that the emergency equipment would be stored inside the existing building at 2252 Fairview Road. He noted that the District considered adding a fire hydrant to the property, but it was determined that the additional cost of $30,000 was too high. He added that the engineer's estimate for the project, excluding the fire hydrant, is approximately $100,000. President Scheafer inquired about the condition of the surface of the property at 2252 Fairview Road. Mr. Hamers responded that the surface is asphalt. He presented the engineering plans for the project. Discussion followed regarding the project plans. Mr. Hamers noted that the plans have been approved by the City of Costa Mesa, that the project is currently out to bid, and that the bid opening will take place in a few weeks. He added that staff is requesting the funding for the project tonight. Director Perry asked if Mr. Hamers recommended adding in the fire hydrant at this time. Mr. Hamers noted that the fire hydrant can be added later. He explained that the project bids will be totaled without the cost of the fire hydrant and that the project will be awarded on this basis. He added that staff will then decide if there are sufficient funds to include the fire hydrant. Discussion followed regarding the purpose and potential use of the fire hydrant. Assistant Secretary Ooten commented that the fire hydrant should not be included in the project at this time. There were no further questions or discussion and the report was received. D. GENERAL MANAGER'S REPORTS Action: 1. Consider Appropriating $147,800 for Yard Expansion Improvements (continuation) Recommendation: 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. General Manager, Scott Carroll, requested that the Board of Directors consider the recommendation to appropriate funds for Project #317, which includes all project costs except for the addition of a fire hydrant. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. Motion: 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. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 4-0-1 Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer Not Present at Vote: Jim Ferryman Director Perry asked when Hitch Crafters will be vacating the property at 2252 Fairview Road. Mr. Carroll responded that they will vacate on December 31, 2017. There were no further questions or discussion. Action: 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. 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. General Manager, Scott Carroll, presented additional research that staff gathered regarding the proposed Mobile Restroom Program and noted that the cost for the District's share of the pilot program has decreased to $21,500. Vice President Ferryman entered the meeting at 5:54 P.M. Mr. Carroll noted that staff corresponded with cities that have implemented similar mobile restroom programs, including the cities of Miami, San Francisco, Sacramento, and Denver. He shared the feedback provided by these cities and noted that the restrooms must be compliant with the Americans with Disabilities Act (ADA). Mr. Carroll recommended that the Board of Directors partner with the City of Costa Mesa to implement a six month pilot program to gather data and gage the community's response to the mobile restrooms. He added that restroom attendants would be integral to the success of the program and that the Network for Homeless Solutions may be able to provide a source for staffing. President Scheafer verified that the Newport-Mesa Unified School District and Mesa Water District have indicated support for the program, but that they have declined to assist in funding the program. Additionally, President Scheafer asked if the mobile restrooms would be gender neutral and if the restroom attendants would monitor the length of use. Mr. Carroll confirmed that the restrooms would be gender neutral and that attendants would monitor the length of use. Additional discussion followed regarding the use of a generator to power the restrooms, the restroom hours, and the possibility of grant funding. Secretary Schafer asked if the Costa Mesa City Council is scheduled to discuss the program. Mr. Carroll noted that he would reach out to Councilman John Stephens to find out when it will be brought to the City Council. Secretary Schafer confirmed that implementation of the program is contingent upon the City of Costa Mesa's participation. She indicated support of the program. Director Perry asked if the proposed cost includes a single restroom trailer, if the trailer would be moved daily, and whether or not City staff is aware of the pilot program cost. Mr. Carroll responded that the proposed cost includes a single restroom trailer. Additionally, he noted that the trailer would be taken to the City or District Yard daily for service and that he informed City Manager, Tom Hatch, of the cost. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. Motion: 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. Motion by Arlene Schafer, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer President Scheafer congratulated Vice President Ferryman for bringing the idea for this program to the Board of Directors for discussion. Vice President Ferryman commented that this action is a first step. There were no further 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. Mr. Hamers presented the Capital Improvement Projects Status Report and noted that the President Force Main project is in progress. There were no questions or comments and the report was received. Receive and File: 2. Receive and File District Engineer's Conflict of Interest for 148 E. 22nd Street, Costa Mesa Recommendation: The Board of Directors receive and file this report. Mr. Hamers presented a Declaration of Conflict of Interest for a project at 148 E. 22nd Street, Costa Mesa. There were no questions or comments and the report was received. F. TREASURER'S REPORTS None at this time. G. ATTORNEY'S REPORTS None at this time. 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. 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Vice President Ferryman noted that there was nothing of major significance to report. President Scheafer provided positive comments about the OCSD State of the District. Director Perry noted that OCSD's mission statement is similar to the District's. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry provided updates regarding the Santa Ana River Mainstem and Westminster Watershed Study and the East Garden Grove Wintersburg Channel. 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer noted that ISDOC is considering reducing their member dues and that there was ongoing discussion about ISDOC's non-profit status. He added that a representative from the Orange County Local Agency Formation Commission (OCLAFCO) may speak at the ISDOC meeting on January 25, 2018. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that she attended a tour of Orange County agencies, including Orange County Water District's Groundwater Replenishment System, Orange County Cemetery District, and Orange County Vector Control. Additionally, she noted that she is now the Professional Development Committee Chair for CSDA. Director Perry asked that public comments be opened for Jim Mosher, a resident, to speak if he wished to speak. President Scheafer agreed to take public comments after the conclusion of local meeting updates. 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer noted that there was nothing to report other than the retirement of Director Muril Clift. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Assistant Secretary Ooten noted that he attended the Water Advisory Committee of Orange County (WACO) meeting. He added that Kevin Hardy was named the new Executive Director of the National Water Research Institute. I. OLD BUSINESS None at this time. J. NEW BUSINESS None at this time. K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments President Scheafer asked if this would be Finance Manager, Wendy Davis', final meeting. Ms. Davis responded that she would be present at the December Board of Directors meeting. Assistant Secretary Ooten requested that this meeting be adjourned in the memory of Brad Long, a City of Costa Mesa employee that recently passed away. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. L. ADJOURN TO CLOSED SESSION Discussion: 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 President Scheafer adjourned the meeting to closed session at 6:19 P.M. to confer with legal counsel regarding existing litigation according to Government Code §54956.9(d)(1) for the following: 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. M. RECONVENE TO OPEN SESSION President Scheafer reconvened the meeting to open session at 6:51 P.M. He noted there was nothing to report and no action taken on the closed session items. N. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting in memory of Brad Long of the City of Costa Mesa at 6:51 P.M. _________________________ _________________________ Arlene Schafer Michael Scheafer Secretary President File Attachments minutes_2017_11_30_rm.pdf (65 KB) B. CONSENT CALENDAR a. Directors' compensation for the month of November 2017 b. Directors' reimbursement of expenses for the month of November 2017 File Attachments a.board_compensation.pdf (899 KB) b.board_expense.pdf (511 KB) Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Dec 21, 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 December 21, 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 Nov 2017.pdf (1,047 KB) Subject 7. Approve Payroll Transparency Disclosure for November 2017 Meeting Dec 21, 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 November 30, 2017: Adopted CCTV Budget $50,000 FY 16-17 Carryover Budget 0 Total Budget $50,000 FY 17-18 New Applications Received = 88 Applications Processed for Payment = 47 $ 9,900 Applications In Process = 41 10,250 Available Spots Based on Funding = 120 29,850 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 December 21, 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 8. Receive and file the Closed Circuit TV (CCTV) Program Report Meeting Dec 21, 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 12-21-17 2018.pdf (374 KB) Subject 9. Adopt Warrant Resolution No. CMSD 2018-06 Approving District Warrant Registers Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2018-06 approving District warrants for the month of November 2017 in the amount of $1,238,532.74 Goals 7.0 Finance B. CONSENT CALENDAR Summary Staff is requesting the approval of out-of-state travel for Senior Accountant, Kaitlin Tran, and the Finance Manager to attend the Government Finance Officers Association (GFOA) annual conference in St. Louis, Missouri, on Sunday, May 6, 2018 through Wednesday, May 9, 2018. There is $3,600 included in the adopted budget staff members in attend this conference. Analysis The estimated cost of attendance for each person is as follows: Registration $ 380 Lodging 700 Airfare 500 Meals/Transportation/Misc. 300 $ 1,880 Legal Review Not Applicable Environmental Review Attendance at a conference is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review There is $3,600 included in the adopted budget staff members in attend this conference. The total estimated cost of conference attendance is $3,760. There are sufficient funds available in the Finance Staff Development account 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 December 21, 2017 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions Do not approve the conference attendance. File Attachments GFOACon18Brochure1.pdf (8,372 KB) Subject 10. Approve Out of State Travel to Government Finance Officers Association (GFOA) Conference - St. Louis, Missouri Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve out of state travel for the Finance Manager and Senior Accountant to attend the GFOA Conference in St. Louis, Missouri 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. Seventeen (17) accounts have been added since the last billing period. The payment calculation is based on the following: District's Current Rate for November 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 November 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 December 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 November 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 December 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 11. 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 November 2017 collection Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Preferred Date Dec 21, 2017 Absolute Date Dec 21, 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 November 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 December 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 in the complete agenda packet for the December 21, 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 November 2017.pdf (102 KB) B. CONSENT CALENDAR Summary The District was recently notified that the our Workers' Compensation carrier, Special District Risk Management Authority (SDRMA), is requiring the District to pass a new Resolution if they would like to continue covering their Governing Body members and/or volunteers. The District does not currently employ volunteers and is not required to include them in its designation. Recommendation: That the Board of Directors approve Resolution No. 2017-905 Declaring that Governing Body Members be Deemed to be Employees for the Purpose of Providing Workers' Compensation Analysis The District is a member of SDRMA and has participated in their Workers' Compensation Program since 2004. The District was recently notified that in order to continue Workers' Compensation coverage for the Board of Directors and/or volunteers, a new resolution must be passed. This new resolution permits the Board of Directors to designate the category of persons who the District deems to be employees for the purpose of workers' compensation described as "All Members of the Governing Body of the Costa Mesa Sanitary District as presently or hereafter constituted." The District does not utilize volunteers and is not required to include volunteers in its designation. Legal Review No legal review is required to pass a new resolution for Workers' Compensation coverage. Environmental Review The consideration of passing a new Resolution concerning the District's Workers' Compensation coverage 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 Resolution No. 2017-905 does not impact the District's current rate. Therefore, no additional fees are due. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2017 Board of Directors meeting at District Headquarters and posted on the District's website. Alternative Actions 1. Do not approve Resolution No. 2017-905 and direct staff to come back with additional information. File Attachments SDRMA Letter - Workers Compensation Governing Body Coverage.pdf (483 KB) WC-Resolution-Governing-Body-Members-and-Volunteers2017.doc (33 KB) Subject 12. Consider adopting Resolution No. 2017-905 - Declaring that Governing Body Members be Deemed to be Employees for the Purpose of Providing Workers' Compensation Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Fiscal Impact No Recommended Action That the Board of Directors approve Resolution No. 2017-905 Declaring that Governing Body Members be Deemed to be Employees for the Purpose of Providing Workers' Compensation Goals 5.0 Administrative Management B. CONSENT CALENDAR Summary Attached is the Investment Report for the month of November 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 November, 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 November 30, 2017, was 1.519%. The yield to maturity of the portfolio was 1.525%. The District’s weighted average interest rate was 35 basis points (0.347%) above the LAIF average monthly rate for November 2017 of 1.172%. The weighted average number of days to maturity for the District’s total portfolio was 1,000 days (2.74 years). The average duration of the underlying securities in LAIF as of November 30, 2017 was 180 days. The District’s investment portfolio is not 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 November 30, 2017 was 19.39%. This shortfall was created by a reduction in liquid cash resulting from the District's purchase of property at 2252 Fairview Road. 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. Subject 13. Approve Investment Report for the Month of November 2017 Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action Approve the Investment Report for the month of November 2017. Goals 7.0 Finance Undesignated Wasterwater funds available to be appropriated by the Board. Facilities Revolving Fund Collection of fixture fees which is a restricted revenue source and can only be used for new sewer facilities. Asset Replacement Fund Accumulation of funds for replacement of vehicles, equipment and computers. Asset Management Fund Accumulation of funds in accordance with 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 November 30, 2017, the portfolio has earned a weighted average interest rate of 1.445%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 21, 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 - November 2017.pdf (587 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 $208,551.85 for November 2017 recycling and disposal services to be ratified in the December 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 underbilled the District by $51.96, but CMSD will be paying what is reflected on the invoice. Costa Mesa Newport Beach Total Residential Waste $144,617.93 $5,741.38 $150,359.31 Organics $55,456.95 $2,735.59 $58,192.54 Total Payment $208,551.85 Tonnage Residential Waste 2783.36 110.52 2893.88 Organics 775.85 38.26 814.11 Total Tonnage 3707.99 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 December 21, 2017 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Subject 14. Approve the preparation of a warrant to CR Transfer in the amount of $208,551.85 for November 2017 recycling and disposal services in the December 2017 warrant register Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action (Consent) Preferred Date Dec 21, 2017 Absolute Date Dec 21, 2017 Recommended Action That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $208,551.85 for November 2017 recycling and disposal services to be ratified in the December 2017 warrant register. Alternative Actions Refer item back to staff with further instructions. D. GENERAL MANAGER'S REPORTS Summary On October 26, 2017, the District received a contribution application from the Costa Mesa Chamber of Commerce to support the Costa Mesa Public Safety Recognition Celebration Event in January 2018. The application did not describe how the contribution establishes CMSD's purpose or how the expenditure will advance CMSD's purpose. The Board directed staff to encourage the Chamber to resubmit another application for the November 30, 2017 Board meeting; however, staff received the revised application at 3:39 pm on November 28, 2017 which is past the 72 hour state law requirement for posting the November 30th agenda . 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. Analysis According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a contribution should be made: Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, District purposes include properly treating sewage, preventing SSOs, and recycling. Describe how the contribution will advance the District's purpose. The revised application submitted does not identify how the event will benefit CMSD such as preventing SSOs or increasing solid waste diversion. The application indicates the benefit will demonstrate CMSD's loyalty to the City of Costa Mesa and to the City's public safety employees. The application does describe how the contribution will advance CMSD's purpose by displaying signage and hand-outs that encourage recycling, including organics and cooking grease. The Chamber will also provide recycling bins at the event. Legal Review Not applicable. Environmental Review The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting a District recycling program 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 Currently, there is $2,500 available in the FY 2017-18 Public Information/Education/Community Promotions Sponsorships account. A total of $8,000 is budgeted for sponsorships in FY 2017-2018. Subject 1. Consider Approving the Costa Mesa Chamber of Commerce Contribution Application for Costa Mesa Public Safety Recognition Celebration Event Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $1,000.00 Budgeted Yes Recommended Action 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. Goals 3.00 Partnerships 3.5 Participate in community groups and civic organization activities 3.6 Strengthen our ties with emergency service providers Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2017 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve a monetary contribution to the Costa Mesa Public Safety Recognition Celebration Event 2. Approve a contribution in a lessor amount of $1,000. 3. Approve a non-monetary contribution such as reusable grocery bags. 4. Refer the matter back to staff. File Attachments Chamber Contribution Application.pdf (1,063 KB) Email to Tom Johnson.pdf (312 KB) October 26, 2017 Staff Report.pdf (1,733 KB) D. GENERAL MANAGER'S REPORTS File Attachments calendar_2018_meeting_officeclosure.pdf (143 KB) Subject 2. Consider Approving the Costa Mesa Sanitary District 2018 Meeting and Office Closure Calendar Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors approve the Costa Mesa Sanitary District 2018 Meeting and Office Closure Calendar as presented. 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 December 21, 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 Dec 2017.pdf (41 KB) Subject 1. Receive and File Capital Improvement Projects Status Report Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 1.4 System Wide Sewer Replacement and Repair Program 1.1 Manhole Cover Maintenance Program 1.0 Sewer Infrastructure F. TREASURER'S REPORTS Summary Analysis Legal Review Environmental Review Financial Review Public Notice Process Alternative Actions Subject 1. Treasurer's Reports Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type G. ATTORNEY'S REPORTS Summary Analysis Legal Review Environmental Review Financial Review Public Notice Process Alternative Actions Subject 1. Attorney's Reports Meeting Dec 21, 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 Dec 21, 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 Dec 21, 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 Dec 21, 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 Dec 21, 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 Dec 21, 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 Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Information K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Summary Analysis Legal Review Environmental Review Financial Review Public Notice Process Alternative Actions Subject 1. Oral Communications and Director Comments Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type 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 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 Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type L. ADJOURN TO CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case) Subject 2. Conference with Legal Counsel - Anticipated Litigation -- Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case) Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type M. RECONVENE TO OPEN SESSION Summary Analysis Legal Review Environmental Review Financial Review Public Notice Process Alternative Actions Subject 1. Reconvene to Open Session and Report Out of any Reportable Action Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type N. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON JANUARY 26, 2017 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVE, COSTA MESA, CA 92626. Subject 1. Adjourn Meeting Dec 21, 2017 - Board of Directors Regular Meeting Access Public Type Procedural