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2018_02_22_board Protecting our community’s health and the environment by providing solid waste and wastewater collection services. www.cmsdca.gov Costa Mesa Sanitary District …an Independent Special District AGENDA Michael Scheafer President James Ferryman Arlene Schafer Vice President Secretary Robert Ooten Arthur Perry Assistant Secretary Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Deputy Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 290 Paularino Avenue, Costa Mesa, California. The Deputy Clerk of the District may be contacted at (949) 645-8400. In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). BOARD OF DIRECTORS MEETING Thursday, February 22, 2018 5:30 P.M. 290 PAULARINO AVENUE, COSTA MESA, CA 92626 A. OPENING ITEMS 1. Call to Order – President Scheafer 2. Pledge of Allegiance – President Scheafer 3. Invocation – Vice President Ferryman 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. 6. Ceremonial Matters and Presentations Costa Mesa Sanitary District February 22, 2018 AGENDA Page 2 B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. 1. Public Comments C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Approve Consent Calendar Recommended Action: That the Board of Directors approve the Consent Calendar as presented. 2. Approve the Board of Directors Study Session Meeting Minutes of January 9, 2018 Recommended Action: That the Board of Directors approve the meeting minutes as presented. 3. Approve the Board of Directors Special Meeting Minutes of January 9, 2018 Recommended Action: That the Board of Directors approve the meeting minutes as presented. 4. Approve the Board of Directors Regular Meeting Minutes of January 25, 2018 Recommended Action: That the Board of Directors approve the meeting minutes as presented. 5. Approve the Directors' Compensation and Reimbursement of Expenses Recommended Action: That the Board of Directors approve the compensation and reimbursement of expenses as presented. 6. Adopt Warrant Resolution No. CMSD 2018-8 Approving District Warrant Registers Recommended Action: That the Board of Directors adopt Warrant Resolution No. CMSD 2018-8 approving District warrants for the month of January 2018 in the amount of $823,629.41. 7. Approve Payroll Transparency Disclosure for January 2018 Recommended Action: That the Board of Directors approve and file the report. 8. Receive and File Closed Circuit TV (CCTV) Program Report Recommended Action: That the Board of Directors receive and file the report. Costa Mesa Sanitary District February 22, 2018 AGENDA Page 3 9. Accept the occupancy count as presented as 22,539 and direct staff to prepare a warrant to CR&R Environmental Services for $220,778.50 for January 2018 collection Recommended Action: That the Board of Directors accept the occupancy count as presented using 22,539 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,778.50 to be ratified in the February 2018 warrant list. 10. Approve the preparation of a warrant to CR Transfer in the amount of $203,274.10 for January 2018 recycling and disposal services in the February 2018 warrant register Recommended Action: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $203,274.10 for January 2018 recycling and disposal services to be ratified in the February 2018 warrant register. 11. Approve Investment Report for the Month of January 2018 Recommended Action: That the Board of Directors approve the Investment Report for the month of January 2018. 12. Approve a New Agreement with CR&R, Incorporated for Door-to-Door Household Hazardous Waste Collection Program for Senior and Disabled Residents that Includes Retroactively Paying for Services Already Rendered for Collecting Fluorescent Light Tubes and Household Batteries at Orange Coast College and appropriate $33,000 from the Solid Waste Fund to cover past services rendered from FY2015 to FY2017. Recommended Action: That the Board of Directors approve the new agreement with CR&R Environmental Services to continue with collection of Household Hazardous Waste services through FY2018 as well as appropriate $33,000 from the Solid Waste Fund to pay for the services already rendered from FY2015 to FY2017 at the OCC Recycling Center. D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 1. Receive and File the Mid-year Budget Review for FY 2017-18 Recommendation: That the Board of Directors receive and file this report. 2. Consider Approving General Manager’s 2018 Performance Goals Recommendation: That the Board of Directors considers approving the General Manager's 2018 Performance Goals. F. ENGINEER'S REPORTS 1. Receive and File Monthly Capital Improvement Projects Status Report Recommended Action: The Board of Directors receive and file the report. 2. Receive and File District Engineer's Conflicts of Interest for 410 E. 17th Street, 1714 Tustin Avenue, and 925 W. 18th Street in Costa Mesa Recommendation: That the Board of Directors receive and file the report. Costa Mesa Sanitary District February 22, 2018 AGENDA Page 4 3. #317 President Pump Station; Acceptance of Improvements, File Notice of Completion, Exonerate Bonds Recommendation: The Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. G. TREASURER'S REPORTS H. ATTORNEY'S REPORTS I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) 4. California Special Districts Association (CSDA) - (Secretary Schafer) 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 J. OLD BUSINESS K. NEW BUSINESS L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments M. ADJOURN TO CLOSED SESSION 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 N. RECONVENE TO OPEN SESSION O. CLOSING ITEMS 1. Adjourn THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON THURSDAY, MARCH 22, 2018 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Thursday, February 22, 2018 Board of Directors Regular Meeting 290 Paularino Avenue, Costa Mesa at 5:30 P.M. Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to four minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 290 Paularino Avenue, Costa Mesa, California. In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). A. OPENING ITEMS Subject 1. Call to Order - President Scheafer Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Scheafer Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Ferryman Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural B. Public Comments - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 1. Public Comments Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 1. Approve Consent Calendar Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Consent Calendar as presented. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: February 22, 2018 Subject: Board of Directors Study Session Meeting Minutes of January 9, 2018 Summary The recorded minutes of the January 9, 2018 Board of Directors Study Session Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Study Session Meeting on January 9, 2018. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 22, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2018_1_9_ss.pdf (44 KB) Subject 2. Approve the Board of Directors Study Session Meeting Minutes of January 9, 2018 Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: February 22, 2018 Subject: Board of Directors Special Meeting Minutes of January 9, 2018 Summary The recorded minutes of the January 9, 2018 Board of Directors Special Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Special Meeting on January 9, 2018. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 22, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2018_1_9_special.pdf (35 KB) Subject 3. Approve the Board of Directors Special Meeting Minutes of January 9, 2018 Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: February 22, 2018 Subject: Board of Directors Regular Meeting Minutes of January 25, 2018 Summary The recorded minutes of the January 25, 2018 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Regular Meeting on January 25, 2018. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 22, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2018_1_25_rm.pdf (69 KB) Subject 4. Approve the Board of Directors Regular Meeting Minutes of January 25, 2018 Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the meeting minutes as presented. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk Date: February 22, 2018 Subject: Directors' Compensation and Reimbursement of Expenses Summary The Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the Directors' Compensation and Reimbursement of Expenses. Staff Recommendation That the Board of Directors approve the compensation and reimbursement of expenses as presented. Legal Review Not applicable. Environmental Review Consideration of the compensation and reimbursement of expenses is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 22, 2018 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the compensation and reimbursement of expenses as presented. 2. Direct staff to report back with more information. File Attachments a. compensation.pdf (1,268 KB) Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Feb 22, 2018 - 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. expense reimbursement.pdf (895 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. File Attachments WARRANT RESO 2018 Febmtg.pdf (370 KB) Subject 6. Adopt Warrant Resolution No. CMSD 2018-8 Approving District Warrant Registers Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2018-8 approving District warrants for the month of January 2018 in the amount of $823,629.41. Goals 7.0 Finance All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Steve Hodges, Finance Manager Date: February 22, 2018 Subject: Payroll Transparency Disclosure for January 2018 Summary Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Staff Recommendation That the Board of Directors approve and file the report. Analysis Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 22, 2018 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 Jan 2018.pdf (915 KB) Subject 7. Approve Payroll Transparency Disclosure for January 2018 Meeting Feb 22, 2018 - 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 All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Steve Hodges, Finance Manager Date: February 22, 2018 Subject: Closed Circuit TV (CCTV) Program Report Summary The Closed Circuit TV (CCTV) Program Report is hereby submitted to the Board of Directors for review. Staff Recommendation That the Board of Directors receive and file the report. Analysis The following is a summary of the CCTV (Closed Circuit TV) Pilot Program activity for the 2017-2018 fiscal year as of January 31, 2018: Adopted CCTV Budget $50,000 FY 16-17 Carryover Budget 0 Total Budget $50,000 FY 17-18 New Applications Received = 113 Applications Processed for Payment = 59 $ 12,400 Applications In Process = 54 13,500 Available Spots Based on Funding = 97 24,100 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 Subject 8. Receive and File Closed Circuit TV (CCTV) Program Report Meeting Feb 22, 2018 - 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) Copies of this report are on file and will be included with the complete agenda packet for the February 22, 2018 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 22, 2018 Subject: Accept the occupancy count as presented as 22,539 and direct staff to prepare a warrant to CR&R Environmental Services for $220,778.50 for January 2018 collection Summary Accept the occupancy count as presented using 22,539 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,778.50 to be ratified in the February 2018 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 22,539 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,778.50 to be ratified in the February 2018 warrant list. Analysis The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop and pick-up trash. The District pays CR&R $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. As of January 31, 2017, total District occupancy was at 22,539, District staff will continue to track the number of new service addresses, two (2) accounts have been added since the last billing period. The payment calculation is based on the following: Subject 9. Accept the occupancy count as presented as 22,539 and direct staff to prepare a warrant to CR&R Environmental Services for $220,778.50 for January 2018 collection Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 22,539 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,778.50 to be ratified in the February 2018 warrant list. Goals 2.2 Annual Contract Audits 2.4 Develop Strategies for 75% Waste Diversion District's Current Rate for January of 2018: 22,539 x $9.7954 = $220,778.50 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 in the complete agenda packet for the February 22, 2018 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 January 2018.pdf (19 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 22, 2018 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $203,274.10 for January 2018 recycling and disposal services in the February 2018 warrant register Summary This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill. With the implementation the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks. Recommendation That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $203,274.10 for January 2018 recycling and disposal services to be ratified in the February 2018 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 $57.66, but CMSD will be paying what is reflected on the invoice. Costa Mesa Newport Beach Total Residential Waste $148,050.62 $4,836.60 $152,887.22 Organics $48,018.08 $2,368.80 $50,386.88 Total Payment $203,274.10 Tonnage Residential Waste 2849.50 93.09 2942.59 Organics 671.84 33.13 704.97 Total Tonnage 3647.56 Legal Review Subject 10. Approve the preparation of a warrant to CR Transfer in the amount of $203,274.10 for January 2018 recycling and disposal services in the February 2018 warrant register Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $203,274.10 for January 2018 recycling and disposal services to be ratified in the February 2018 warrant register. 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 February 22, 2018 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors From: Marc Davis, District Treasurer Date: February 22, 2018 Subject: Approve the Investment Report for the month of January 2018 Summary Attached is the Investment Report for the month of January 2018. As required by the District’s Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Recommendation That the Board of Directors approve Investment Report for the month of January 2018. Analysis This report lists the types of securities held in the District’s portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of January 31, 2018. 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 January 31, 2018, was 1.486%. The yield to maturity of the portfolio was 1.491%. The District’s weighted average interest rate was 14 basis points (0.136%) above the LAIF average monthly rate for January 2018 of 1.350%. The weighted average number of days to maturity for the District’s total portfolio was 725 days (1.99 years). The average duration of the underlying securities in LAIF as of January 31, 2018 was 179 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 January 31, 2018 was 38.96%. The District has adequate cash reserves necessary to meet its obligations for the next six months. A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the District’s cash and investments are as follows: Solid Waste Fund: Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash deficit during the period in which the District does not receive any of its annual charges Subject 11. Approve Investment Report for the Month of January 2018 Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve Investment Report for the month of January 2018. Goals 7.0 Finance from the County of Orange. Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organics recycling costs. Wastewater Fund: Operating Reserve - Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. Reserved for Capital Outlay - Set aside for capital improvement projects approved and budgeted by the Board, but which have not yet been completed. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange. Undesignated - Remaining available cash, which is available to be appropriated by the Board. Facilities Revolving Fund - Collection of fixture fees which is a restricted revenue source and can only be used for new sewer facilities. Asset Replacement Fund - Accumulation of funds for replacement of vehicles, equipment and computers. Asset Management Fund - Accumulation of funds in accordance with the asset management model for long-term replacement of sewer pipes and related infrastructure. Legal Review Legal review is not required. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6, “”Projects” does not include….C. Continuing administrative or maintenance activities.” Financial Review The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30, 2018. Through January 31, 2018, the portfolio has earned a weighted average interest rate of 1.464%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 22, 2018 Board of Directors regular meeting at District Headquarters (290 Paularino Avenue) and on the District’s website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff. File Attachments Investment Report - January 2018.pdf (583 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 22, 2018 Subject: Approve a New Agreement with CR&R Environmental Services for Door-to-Door Household Hazardous Waste Collection Program for Senior and Disabled Residents that Includes Retroactively Paying for Services Already Rendered for Collecting Fluorescent Light Tubes and Household Batteries at Orange Coast College and appropriate $33,000 from the Solid Waste Fund to cover past services rendered from FY2015 to FY2017. Summary Recently, the District received an invoice from CR&R for Household Hazardous Waste services provided at the Orange Coast College Recycling Center. The invoice is for the period of 2014 to 2017, staff would like to implement a new agreement with CR&R that will retroactively cover services rendered from July 1, 2015 until June 30, 2017 as well as allow CR&R to continue to provide Door-to-Door pickups and HHW services at OCC through June 30, 2018. Recommendation Subject 12. Approve a New Agreement with CR&R, Incorporated for Door-to-Door Household Hazardous Waste Collection Program for Senior and Disabled Residents that Includes Retroactively Paying for Services Already Rendered for Collecting Fluorescent Light Tubes and Household Batteries at Orange Coast College and appropriate $33,000 from the Solid Waste Fund to cover past services rendered from FY2015 to FY2017. Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Preferred Date Feb 22, 2018 Absolute Date Feb 22, 2018 Fiscal Impact Yes Budgeted No Budget Source Solid Waste Fund Recommended Action That the Board of Directors approve the new agreement with CR&R Environmental Services to continue with collection of Household Hazardous Waste services through FY2018 as well as appropriate $33,000 from the Solid Waste Fund to pay for the services already rendered from FY2015 to FY2017 at the OCC Recycling Center. Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion That the Board of Directors approve the new agreement with CR&R Environmental Services to continue with collection of Household Hazardous Waste services through FY2018 as well as appropriate $33,000 from the Solid Waste Fund to pay for the services already rendered from FY2015 to FY2017 at the OCC Recycling Center. Analysis In August 2012 the District and CR&R entered into an agreement to provide Door-to-Door Household Hazardous Waste (HHW) services for the elderly, immobile and disabled residents within our District. The contract also directed CR&R to pick-up fluorescent light tubes and household batteries from the Orange Coast College (OCC) Recycling Center every four to six weeks. The term of this agreement was for three years from August 21, 2012 to June 30, 2015 with two one-year extensions at the District’s option. These extensions that would have made the contract valid through June 30, 2017 were never exercised. District staff notified CR&R about the discrepancy and CR&R has since submitted an invoice to the District seeking payment for HHW services provided at OCC recycling center over a three year period of $55,713.54. Since receiving the invoice and in accordance with the expired contract, the District has paid for services provided up until June 30, 2015 in the amount of $22,649.95. Since the existing contract for HHW services expired in June 2015, District staff would like to implement a new agreement with CR&R that will retroactively cover services rendered from July 1, 2015 to June 30, 2017. This new retroactive contract would allow the District to pay the remaining balance on the invoice of $33,063.59, as well as allow CR&R to continue to provide Door-to-Door pickups and HHW services at OCC through June 30, 2018 with a one-year extension at the District’s option. Legal Review District Counsel has reviewed and approved the attached agreement with CR&R, Incorporated. 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 There was $6,000 budgeted for Household Hazardous Waste in FY 2017-18. In order to pay the outstanding invoice for HHW services at OCC Recycling Center as well as fund a new agreement to continue providing these services, staff is recommending the below budget transfers for FY 2017 -18. In addition, $33,000 will need to be appropriated from the Solid Waste Fund to cover these expenses. Transfer From Amount Educational Tours $18,000 Public Info/Ed/Com Prom $10,000 Sharps Program $5,000 Pharmaceutical $7,000 Anti-Scavenging $5,000 Total FY17/18 Transfers $45,000 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 22, 2018 Board of Directors Regular Board 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. File Attachments 20180215 HHW Contract.pdf (2,182 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Senior Accountant Date: February 22, 2018 Subject: Receive and File the Mid-year Budget Review of FY2017-18 Summary This report serves as a summary of the District’s spending through December 31, 2017 as well as staff’s best estimate of projected balances for the year-ended June 30, 2018. Staff Recommendation That the Board of Directors receive and file this report. Analysis Based on the spending trends through December 31. 2017, staff is projecting a deficit in the Solid Waste Fund and a marginal savings in the Wastewater Fund. As of December 31, 2017, a total of 41.3% of the Solid Waste budget for the 2017-18 fiscal year has been expended. Staff estimates the Solid Waste Fund will be over budget by the end of the fiscal year after paying CR&R next quarter for HHW collections of fluorescent lights and batteries since fiscal year 2014. A total of 56.3% of the Wastewater Fund’s operating budget has been expended as of December 31, 2017. At this time, staff anticipates a small budgetary savings of $3,200 at fiscal year-end. The Capital Outlay account is projected to be within budget. Please see the attached report for a more detailed analysis. Legal Review Not applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review See attached report. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 22, 2018 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. Subject 1. Receive and File the Mid-year Budget Review of FY2017-18 Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 7.6 Monitor the asset management program 7.0 Finance Attachments A: FY 2017-18 Mid-Year Budget Analysis B: Expenditure Analysis through 12/31/2017 File Attachments A- FY2017-18 Mid Year Budget Analysis.pdf (125 KB) B- Expenditure Analysis Through 12-31-2018.pdf (233 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: February 22, 2018 Subject: Consider Approving General Manager's 2018 Performance Goals Summary Every year the Board of Directors approves performance goals for the General Manager. Attached are the proposed goals for 2018. Recommendation That the Board of Directors considers approving the General Manager's 2018 Performance Goals Analysis Attached for the Board of Directors consideration are ten performance goals for the General Manager. At the time this report was being prepared, President Scheafer and the General Manager did not meet to discuss the attached goals. On February 20, 2018, President Scheafer and the General Manager had their meeting and tonight President Scheafer will give an oral report regarding the proposed goals along with modifications, if any. Results of the goals will be presented to the Board in January 2019. Legal Review Not applicable. Environmental Review Adopting the General Manager's performance goals are an administrative matter and are not a disturbance of the environment similar to grading or construction and therefore this item is not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 22, 2018 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 performance goals. 2. Add or delete goals. File Attachments 2018 Goals.pdf (68 KB) Subject 2. Consider Approving General Manager's 2018 Performance Goals Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors considers approving the General Manager's 2018 Performance Goals Goals 5.0 Administrative Management 6.0 Personnel/Organizational Management 6.7 Promote high employee satisfaction F. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: February 22, 2018 Subject: Capital Improvement Projects Status Report Summary Attached is a summary of the Capital Improvement Project activities during the month. Staff Recommendation That the Board of Directors receive and file the report. 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 February 22, 2018 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 Feb 2018.pdf (41 KB) Subject 1. Receive and File Monthly Capital Improvement Projects Status Report Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 1.0 Sewer Infrastructure 1.1 Manhole Cover Maintenance Program 1.4 System Wide Sewer Replacement and Repair Program 1.6 Evaluate Force Main Conditions on a Regular Basis 4.7 Demonstrate outstanding efforts in transparency 7.2 Develop a long term CIP F. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Robin Hamers, District Engineer Date: February 22, 2018 Subject: Receive and File District Engineer's Conflicts of Interest for 410 E. 17th Street, 1714 Tustin Avenue, and 925 W. 18th Street in Costa Mesa Summary Please be advised that I have been retained to do private engineering work for the properties at 410 E. 17th Street, 1714 Tustin Avenue, and 925 W. 18th Street in Costa Mesa. I have reason to believe that these projects or the persons involved in these projects may have the need for District engineering approvals in the future. I have been retained by Denise Johnston and Dan Gribble, Boatswains Locker, and will be reporting these relationships as a source of income on my FPPC Statement of Economic Interests Form 700 next year. Recommendation That the Board of Directors receive and file the report. Analysis Pursuant to state law, District Operations Code Section 3.01.045, and my contract with the District: 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. I understand that this procedure does not allow me to enter into or influence the awarding of contracts in my official capacity in which I have a financial interest, which is a separate prohibition. (Gov. Code § 1090.) 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 2. Receive and File District Engineer's Conflicts of Interest for 410 E. 17th Street, 1714 Tustin Avenue, and 925 W. 18th Street in Costa Mesa Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file the report. Goals 1.0 Sewer Infrastructure 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 February 22, 2018 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 410 E. 17th _1714 Tustin Ave. Conflict of Interest 01-29-18 .pdf (24 KB) 925 W. 18th St cmsd District Engineer Declaration of Conflict_of Interest 02-02-18.pdf (24 KB) F. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: February 22, 2018 Subject: #317 President Pump Station; Accept Improvements, File Notice of Completion, Exonerate Bonds Summary Construction of the improvements was completed on February 13, 2018, therefore, it is appropriate for the District to accept the improvements and file a notice of completion. The project is part of the force main replacement and rehabilitation program and the project became necessary when the west side pumping station abandonment program was canceled. Recommendation The Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Analysis Force mains carry high flows under pressure and a fracture or break normally results in a large sewer spill. A proactive force main rehabilitation program is an essential element in a comprehensive sewer system management program. The existing force main was constructed in 1953 making it 64 years old, which is the approximate life expectancy of a cast iron force main. District staff utilized a no-dig technology, horizontal directional drilling (HDD), to install the force main. The use of HDD minimized disturbance of the street surface and allowed the project to be completed in a shorter timeframe and for less cost. HDD was also used to install the Harbor Force Main and the Victoria Force Main. Legal Review District Counsel prepared and signed the construction contract for the project. Environmental Review The replacement of a force main with a new force main of the same size for the same rate of flow as shown on the plans for Project #317 is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. Financial Review Subject 3. #317 President Pump Station; Acceptance of Improvements, File Notice of Completion, Exonerate Bonds Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Action Recommended Action The Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Goals 1.4 System Wide Sewer Replacement and Repair Program 1.0 Sewer Infrastructure The approved amended budget for this project is $1,316,200. The project came in under budget with a total construction cost of $673,530. There were three change orders totaling $40,540.37. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 22, 2018 Board of Directors regular meeting at District Headquarters and on District’s website. Alternative Actions Refer the matter back to staff for additional information. File Attachments CMSD #317 Notice of Completion 021318.docx (16 KB) I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman) Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Information I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Information I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Information I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer) Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Information I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Information I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Information L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Discussion M. 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 Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type O. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON MARCH 22, 2018 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 1. Adjourn Meeting Feb 22, 2018 - Board of Directors Regular Meeting Access Public Type Procedural