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2018_09_20_boardThursday, September 20, 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 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 B. Public Comments - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. 1. Public Comments C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of August 14, 2018 3. Approve the Board of Directors Regular Meeting Minutes of August 23, 2018 4. Approve the Directors' Compensation and Reimbursement of Expenses 5. Approve Payroll Transparency Disclosure for August 2018 6. Adopt Warrant Resolution No. CMSD 2019-3 Approving District Warrant Registers 7. Approve the preparation of a warrant to CR Transfer in the amount of $219,494.99 for August 2018 recycling and disposal services in the September 2018 warrant register 8. Accept the occupancy count as presented as 22,655 and direct staff to prepare a warrant to CR&R Environmental Services for $221,914.79 for August 2018 collection 9. Investment Report for the Month of August 2018 D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 1. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program 2. Consider Contribution Program Application for Costa Mesa High School Football Boosters 3. Adopt Resolution No. 2018-911 Endorsing the Candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee 4. Citizens Advisory Committee (CAC) September 12, 2018 Meeting Overview 5. Consider Approving CMSD Holiday Hours and Closures F. ENGINEER'S REPORTS 1. Receive and File Monthly Capital Improvement Projects Status Report G. TREASURER'S REPORTS H. ATTORNEY'S REPORTS 1. Adopt Ordinance No. 120 to Recover Costs when Private Property Owners Refuse Access to CMSD Facilities 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 N. RECONVENE TO OPEN SESSION O. CLOSING ITEMS 1. Adjourn Thursday, September 20, 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 Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Scheafer Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Ferryman Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Michael Scheafer, President James Ferryman, Vice President Arlene Schafer, Secretary Robert Ooten, Assistant Secretary Arthur Perry, Director Subject 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence – such determination shall be the permission required by law.) Meeting Sep 20, 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 Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Sep 20, 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 Sep 20, 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 Sep 20, 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: September 20, 2018 Subject: Board of Directors Study Session Minutes of August 14, 2018 Summary The recorded minutes of the August 14, 2018 Board of Directors Study Session are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Study Session on August 14, 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 September 20, 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. Subject 2. Approve the Board of Directors Study Session Minutes of August 14, 2018 Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Aug 14, 2018 - Board of Directors Study Session File Attachments minutes_2018_8_14_ss.pdf (58 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: Gina Terraneo, Management Analyst II Date: September 20, 2018 Subject: Board of Directors Regular Meeting Minutes of August 23, 2018 Summary The recorded minutes of the August 23, 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 August 23, 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 September 20, 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. Subject 3. Approve the Board of Directors Regular Meeting Minutes of August 23, 2018 Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Aug 23, 2018 - Board of Directors Regular Meeting File Attachments minutes_2018_8_23_rm.pdf (68 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: Noelani Middenway, District Clerk Date: Septebmer 20, 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 September 20, 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_director_compensation.pdf (200 KB) b_director_expense_reimbursement.pdf (87 KB) Subject 4. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Sep 20, 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. 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: Scott Carroll, General Manager Date: September 20, 2018 Subject: Payroll Transparency Disclosure for August 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 September 20, 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 August 2018.pdf (163 KB) Subject 5. Approve Payroll Transparency Disclosure for August 2018 Meeting Sep 20, 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. File Attachments WARRANT RESO 9-2018 Mtg.pdf (452 KB) Subject 6. Adopt Warrant Resolution No. CMSD 2019-3 Approving District Warrant Registers Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2019-3 approving District warrants for the month of August 2018 in the amount of $1,317,377.90. 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: Nabila Guzman, Management Analyst I Date: September 20, 2018 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $219,494.99 for August 2018 recycling and disposal services in the September 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 $219,494.99 for August 2018 recycling and disposal services to be ratified in the September 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 $49.07, but CMSD will be paying what is reflected on the invoice. Costa Mesa Newport Beach Total Residential Waste $143,825.37 $5,352.13 $149,177.50 Organics $67,012.05 $3,305.45 $70,317.49 Total Payment $219,494.99 Tonnage Residential Waste 2768.05 103.02 2871.07 Organics 937.47 46.23 983.70 Total Tonnage 3854.77 Subject 7. Approve the preparation of a warrant to CR Transfer in the amount of $219,494.99 for August 2018 recycling and disposal services in the September 2018 warrant register Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $219,494.99 for August 2018 recycling and disposal services to be ratified in the September 2018 warrant register. 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 September 20, 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. 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: September 20, 2018 Subject: Accept the occupancy count as presented as 22,655 and direct staff to prepare a warrant to CR&R Environmental Services for $221,914.79 for August 2018 collection Summary Accept the occupancy count as presented using 22,655 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $221,914.79 to be ratified in the September 2018 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 22,655 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $221,914.79 to be ratified in the September 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 August 31, 2018, total District occupancy was at 22,655, District staff will continue to track the number of new service addresses, twenty-five (25) accounts have been added since the last billing period. The payment calculation is based on the following: District's Current Rate for August of 2018: 22,655 x $9.7954 = $221,914.79 Subject 8. Accept the occupancy count as presented as 22,655 and direct staff to prepare a warrant to CR&R Environmental Services for $221,914.79 for August 2018 collection Meeting Sep 20, 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 22,655 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $221,914.79 to be ratified in the September 2018 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.” 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 September 20, 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 2018-08-G CMSD Occupancy Report.pdf (17 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 From: Marc Davis, District Treasurer Date: September 20, 2018 Subject: Approve the Investment Report for the month of August 2018 Summary Attached is the Investment Report for the month of August 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 the Investment Report for the month of August 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 August 31, 2018. The District’s investments are in compliance with the Statement of Investment Policy adopted by the Board at the July 26, 2018 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 August 31, 2018, was 1.720%. The yield to maturity of the portfolio was 1.724%. The District’s weighted average interest rate was 28 basis points (0.278%) below the LAIF average monthly rate for August 2018 of 1.998%. The weighted average number of days to maturity for the District’s total portfolio was 700 days (1.92 years). The average duration of the underlying securities in LAIF as of August 31, 2018 was 193 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 August 31, 2018 was 33.13%. 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 9. Investment Report for the Month of August 2018 Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Investment Report for the month of August 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, 2019. Through August 31, 2018, the portfolio has earned a weighted average interest rate of 1.694%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 20, 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 - August 2018.pdf (582 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 From: Scott Carroll, General Manager Date: September 20, 2018 Subject: Consider Revisions to CMSD's Fats Oil Grease (FOG) Program Summary On June 12, 2018, the Board of Directors received a presentation about the District's FOG inspection program at the Camp, a retail and food service campus located on Bristol Street. At the conclusion, the Board suggested the current FOG Program be discussed at a future study session meeting and requested EEC Environmental, the contractor that oversees the District's FOG Program, provide a list of recommendation about addressing restaurants that are not in compliant with the program. Recommendation That the Board of Directors approve the recommended revisions to the FOG Program and direct staff to report back with amended FOG Program Manual, FOG Polices and FOG Ordinance for final approval. Analysis Attached is a memorandum from EEC Environmental dated July 5, 2018. The memorandum has a list considerations that could enhance the FOG Program. The 2004 FOG Program is also attached hereto. Joseph Jenkins, from EEC Environmental, will discuss each consideration in further details at today's meeting and then staff and EEC will be seeking direction from the Board. On September 11, 2018, the Board of Directors discussed the recommendations and directed staff to bring this item back to tonight's meeting for approval consideration. Legal Review None at this time. However, District Counsel will review and approve the proposed ordinance before it's presented to the Board for approval consideration. Environmental Review The work by EEC on behalf of the District is inspecting food service establishments to determine compliance, and inspections are categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15309 Inspectionsas a “Class 9” activity described as: Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Financial Review There are no financial impacts to the District for implementing the considerations outlined in the July 5, 2018 memorandum. The considerations can be absorbed in the existing budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 20, 2018 regular Board of Directors meeting at District Headquarters and on District’s website at www.cmsdca.gov. Subject 1. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors approve the recommended revisions to the FOG Program and direct staff to report back with amended FOG Program Manual, FOG Polices and FOG Ordinance for final approval Goals 1.0 Sewer Infrastructure 1.8 Fats, Oil & Grease (FOG) Program Alternative Actions 1. Direct staff to report back with more information. File Attachments CMSD FOG Control Program.pdf (132 KB) CMSD FOG Policy MEMORANDUM (002).pdf (587 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: September 20, 2018 Subject: Consider Contribution Program Application for Costa Mesa High School Football Boosters Summary On August 31, 2018, the District received a Contribution Application from the Costa Mesa High School (CMHS) Mustang Football Boosters to sponsor a banner for the 2018-2019 school year. The Boosters are seeking a monetary contribution of $500-$1,000 to hang 1-2 stadium banners on the CMHS campus. Last school year, the District had one Organics Recycling Program banner hanging at Mustangs Field (pictured in Attachment C). Recommendation That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High Football Boosters; and 2. Describe how the expenditures will advance CMSD’s purpose; and 3. Consider contributing $500 to continue hanging an Organics Recycling Program banner at Mustangs field. 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. As stated in Attachment A, the Costa Mesa Football Boosters are requesting $500-$1,000 for a stadium banner or banners. Below are the details of the banner sponsorship opportunities: Subject 2. Consider Contribution Program Application for Costa Mesa High School Football Boosters Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Preferred Date Sep 20, 2018 Absolute Date Sep 20, 2018 Fiscal Impact Yes Dollar Amount $500.00 Budgeted Yes Budget Source 10-100100-4420 & 20-100100-4420 (Public Information/Education/Community Promotions Sponsorships) Recommended Action That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High Football Boosters; and 2. Describe how the expenditures will advance CMSD’s purpose; and 3. Consider contributing $500 to continue hanging an Organics Recycling Program banner at Mustangs field. DonationBanner Details $500 Banner inside stadium for the entire school year & listing on website $1,0000 2 banners - one inside stadium and one on the fence facing Arlington for the entire school year, plus listing on the website and social media posts The banners are displayed from the time of purchase/production until the end of the school year, and they are taken down during the summer. In regards to advancing the District's purpose, the Contribution Application (Attachment A) states that the banner can help the District educate the school and the community about its recycling and proper disposal programs. Due to the District's limited Sponsorship budget, staff is recommending a $500 sponsorship of a single banner in Mustangs Field. The banner would promote District messaging at Mustangs Field, which hosts highly attended sporting events throughout the school year. In past years, the District has used the design shown in Attachment C to promote the Organics Recycling Program. This image encourages residents to recycle their food scraps and green waste through the Organics Recycling Program. The banner also directs residents to the District's Organics Recycling Program webpage to learn more about the program. If the Board of Directors approves the sponsorship of a banner, this image can continue to be used, or District staff can design a new banner promoting one of the following programs: Large Item Collection Program Sewer Inspection Rebate Program Door-to-Door Household Hazardous Waste Program Fats, Oils, & Grease (FOG) Program Legal Review Not applicable. Environmental Review The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review Currently, there are sufficient funds available in the FY 2018-19 Public Information/Education/Community Promotions Sponsorships account for a $500 contribution. A total of $8,000 is budgeted for sponsorships during FY 2018-2019 and the District has a total of $6381.29 remaining. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 20, 2018 Board of Directors Regular Board Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the contribution of $500. 2. Approve an alternative contribution amount. 3. Refer the matter back to staff. File Attachments A - Contribution Application.pdf (1,897 KB) B - Sponsorship Form.pdf (142 KB) C - Organics Recycling Program Banner.jpg (5,441 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: September 20, 2018 Subject: Adopt Resolution No. 2018-911 Endorsing the Candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee Summary On August 7, 2018, ISDOC sent out an official notice and call for candidates for positions on ISDOC's Executive Committee. Attached is the notice that describes the duties for each position. Recommendation That the Board of Directors adopt Resolution No. 2018-911 endorsing the candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee. Analysis The Independent Special Districts of Orange County (ISDOC) is a membership association that represents the interests and provides advocacy on behalf of Orange County’s 25 independent special districts. ISDOC was formed more than 30 years ago to serve the needs of Orange County’s water, wastewater, sanitary, cemetery, vector control, library, recreation and parks, and other districts that provide specialized services within their communities. A seven-member executive committee guides the association and membership meetings are held on a quarterly basis to provide a forum for its special district members to meet and discuss issues and share information of mutual interest. Nominations closed on Tuesday, September 18, but the nomination period was extended a few days longer because no nominations were received for the positions of 3rd Vice President, Secretary and Treasurer. CMSD Board Secretary Arlene Schafer has expressed interest to serve as 2nd Vice President. A resolution endorsing Secretary Schafer for the 2nd Vice President position is attached and must be approved by the Board. If the resolution is approved by the Board staff will submit the endorsement to ISDOC the following day. Legal Review Not applicable Environmental Review Adopting a resolution to nominate a Board member to the ISDOC Executive Committee is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There are no financial impacts to the District for Board Secretary Schafer serving on ISDOC Executive Committee Public Notice Process Subject 3. Adopt Resolution No. 2018-911 Endorsing the Candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors adopt Resolution No. 2018-911 endorsing the candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee Goals 3.00 Partnerships 3.2 Strengthen our ties with local governments, Special districts and educational institutions Copies of this report are on file and will be included with the entire agenda packet for the September 20, 2018 regular Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Do not approve the resolution 2. Direct staff to report back with more information File Attachments ISDOC Elections.pdf (128 KB) Reso 2018-911 - ISDOC A. SCHAFER.docx (16 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: September 20, 2018 Subject: Citizens Advisory Committee (CAC) September 12, 2018 Meeting Overview Summary The following is an overview of the topics discussed by the CAC at their September 12 meeting. Recommendation That the Board of Directors receive and file this report. Analysis 1. Follow Up Questions from August 8, 2018 CAC meeting At the August 8 CAC meeting, there were several questions from committee members that staff could not answer at the time, so on September 12 staff provided the answers. There were no further discussion and/or questions regarding this issue. 2. Costa Mesa Sanitary District History Staff provided a brief history about the District including why it was created, who was the first Board president, partnership with the City and the solid waste collection arrangement that allows the District to collect residential solid waste and the City is responsible for collecting commercial and industrial solid waste. 3. Consider Implementing a Performance Measurement Program Staff informed the CAC that this item was originally scheduled to be heard at the September 12 meeting, but Chairman Carey requested this item be tabled for the October 10 meeting because he had an excused absence for the September 12 meeting and he wanted to hear about the proposed performance measurement program. Chairman Carey was absent because he was receiving the Staff Person of the Year award from Orange Coast College. 4. Goodwill Collection Event Staff described the event on August 18 along with suggestions on how to increase participation for next year's event. 5. Proposed Ordinance to Recover Costs when Private Property Owners Refuse Access to CMSD Facilities Staff described why such an ordinance is necessary. The CAC approved recommending the Board approved such an ordinance, but they also recommend the District send courtesy notices to property owners informing them of the day when staff will be arriving to the property. The CAC also recommended the District notify property owners that if they deny staff access to our easement they must provide a viable justification in writing. 6. Review CMSD Website & GoCMSD Application Staff gave a demonstration of the website features including how to retrieve documents, watch Board and CAC meetings on video, make a service request on GoCMSD and where to find transparency related information. The CAC Subject 4. Citizens Advisory Committee (CAC) September 12, 2018 Meeting Overview Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors receive and file this report. inquired the number of visits to the website and suggested making a change in the solid waste page by distinguishing the difference between weekly solid waste collection service (curbside) and special service (e.g. large item collections, Christmas tree recycling, etc.) 7. Board.Staff Comments The CAC directed staff to place on the October 10 agenda a discussion as to whether or not the CAC should submit a letter to the Board requesting the Board approve a special assignment to the CAC for discussing and recommending Board term limits. Legal Review Not applicable Environmental Review Providing an overview of the CAC's September 12, 2018 meeting is an administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. Financial Review There are no financial impacts to the District. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 20, 2018 regular Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Refer the matter back to staff. E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Dyana Bojarski, Management Analyst II Date: September 20, 2018 Subject: Holiday Hours and Closures Summary Historically, the District has revised it's operational hours and closures for the November and December Holidays. Staff is recommending a continuation of revised hours for those holidays. Recommendation That the Board of Directors approves the proposed holiday hours and closures. Analysis Historically, the District has closed at 12:00 PM on the Wednesday prior to Thanksgiving to allow time for staff to travel to their destination for the holiday. Staff would like to continue this practice. During the proposed time of closure, staff will have the option of working a full day or voluntarily using their accrued leave time (e.g.. vacation, floating holiday or executive leave). For staff at District Headquarters (HQ), the amount of leave time is 4.5 hours. For Yard Staff, the amount of leave time would be 3.5 hours. Christmas and New Year's Day both fall on a Tuesday this year. In the past, Yard staff has preferred to work a half-day the day prior to the holiday while staff at HQ have preferred to take the entire day off before both holidays (December 24 and 31). Staff would use accrued leave time for those hours. HQ will be open it's normal working hours (7:30 a.m.. - 4:30 p.m..) on the day following both holidays and Yard staff will work their regular hours (6:00 a.m.. - 3:30 p.m..). If the proposed holiday schedule is approved, staff will notify the public by posting the information on the District's website; front lobby; social media; and GovOutreach. The proposed Holiday schedule is: Wednesday, November 21 District Offices Closed at 12:00 PM Monday, December 24 District Offices Closed Tuesday, December 25 Holiday Monday, December 31 District Offices Closed Tuesday, January 1 Holiday Legal Review Not applicable. Environmental Review The consideration of the proposed holiday schedule is an administrative matter and is not a disturbance fo the environment similar to grading or construction and does not constitute a project under CEQA or the District's CEQA guidelines. Subject 5. Consider Approving CMSD Holiday Hours and Closures Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors approves the proposed holiday hours and closures. Goals 6.7 Promote high employee satisfaction Financial Review Minor savings would be generated from lower heating/air conditioning and other operating costs. Employee accrued leave balances would also be reduced. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 20, 2018 Board of Directors meeting at District Headquarters and posted on the District's website. Alternative Actions 1. Do not approve the proposed holiday schedule. F. ENGINEER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: September 20, 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 September 20, 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 - September 2018.pdf (110 KB) Subject 1. Receive and File Monthly Capital Improvement Projects Status Report Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 7.2 Develop a long term CIP 4.7 Demonstrate outstanding efforts in transparency 1.6 Evaluate Force Main Conditions on a Regular Basis 1.4 System Wide Sewer Replacement and Repair Program 1.1 Manhole Cover Maintenance Program 1.0 Sewer Infrastructure H. ATTORNEY'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: September 20, 2018 Subject: Proposed Ordinance to Recover Costs when Private Property Owners Refuse Access to CMSD Facilities Summary Located throughout the community, the District has mainline pipes in private backyards. The District owns an easement where the pipeline is located and the District has legal authority, via the Health and Safety Code Section 6523.2, to enter onto private property to inspect and maintain the mainline. District staff always ask for permission from property owners to enter onto their property, and for the most part, property owners oblige District staff. However, this past year there was one property owner that refused to cooperate with District staff, which required the use of many resources and taxpayer dollars to finally enter onto his property. The proposed ordinance will try to ensure similar incidents will not occur in the future. Recommendation That the Board of Directors Adopt Ordinance No. 120 to recover costs when private property owners refuse access to CMSD facilities. Analysis On April 16, 2018, staff approached a property owner and requested access to his backyard so that CMSD staff may perform cleaning duties and closed circuit television inspections of the pipe. The property owner denied staff entry and stated that he did not agree with CMSD’s interpretation of the easement access. Staff explained in detail to the property owner that CMSD had legal standing to make entry and staff needed access to perform the above duties for benefit of the public. The property owner continued to deny staff permission to enter his backyard, so staff vacated the property and informed management about the situation. On April 25, 2018, staff returned to the property; however, due to the property owner's demeanor towards staff and concerns for their safety the District requested the presence of the Costa Mesa Police Department. While at the property, staff made contact with with the property owner. Staff handed the property owner a letter from District Counsel describing the statute that allows staff to enter his backyard for the purpose of inspecting and maintaining the mainline. Once again, the property denied staff access to his property. Staff vacated the property and informed management. The next step is to obtain an inspection warrant from Orange County Superior Court. This requires legal services for preparing documents and a written declaration from staff, which has to be signed in front of the judge. After the warrant is issued, staff has to post it on the private property's front door with 24 hours' notice prior to executing the warrant and the District will have fourteen days to execute the warrant. On May 16, 2018, staff posted the notice on the front door informing the property owner that staff will be arriving on May 21st between 8:00 am to 10:00 am. On May 21, 2018, staff arrived to the private property and after showing him the warrant he allowed staff to enter his property to inspect and maintain the mainline. CMSD's wastewater superintendent, two wastewater maintenance workers, CMSD's code enforcement officer and a police officer from the Costa Mesa Police Department were all present. If the property had refused entry again then the District would have to go back to court to obtain a force entry inspection warrant. Additional resources may have been needed after serving the Subject 1. Adopt Ordinance No. 120 to Recover Costs when Private Property Owners Refuse Access to CMSD Facilities Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors Adopt Ordinance No. 120 to recover costs when private property owners refuse access to CMSD facilities. Goals 1.0 Sewer Infrastructure 5.0 Administrative Management force entry warrant, such as animal control services, because the property owner owned a large dog, which may have been in the backyard upon staff's arrival. The attached proposed ordinance, if approved by the Board of Directors, will allow staff to recoup the District's costs for gaining access to CMSD owned sewer easements when access is denied by property owners. The ordinance will allow the District to recover the costs by placing the charges on property owner's tax roll. On September 12, 2018, the Citizens Advisory Committee reviewed the proposed ordinance and recommended the Board of Directors adopt said ordinance along with recommending the District send courtesy notices to property owners notifying them of the date when District staff will arrive. If property owners deny staff access to the easement they must give viable justification to the District in writing. Legal Review District Counsel, Alan Burns, prepared the draft ordinance. Environmental Review Adopting an ordinance to recover costs when private property owners refuse access to CMSD facilities is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review It is estimated the District spent $4,217 trying to gain access to the sewer easement on the private property. If the District had an ordinance adopted like the one attached hereto, the $4,217 would have been placed on the property owners tax roll for collection. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 20, 2018 regular Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Do not adopt the proposed ordinance 2. Direct staff to report back with more information File Attachments Ordinance No. 120.docx (21 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 Sep 20, 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 Sep 20, 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 Sep 20, 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 Sep 20, 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 Sep 20, 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 Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Information L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Discussion O. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON OCTOBER 25, 2018 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 1. Adjourn Meeting Sep 20, 2018 - Board of Directors Regular Meeting Access Public Type Procedural