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2019_02_28_boardThursday, February 28, 2019 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 Ferryman 2. Pledge of Allegiance - President Ferryman 3. Invocation - Vice President Ooten 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 January 8, 2019 3. Approve the City/Districts Liaison Committee Meeting Minutes of January 18, 2019 4. Approve the Board of Directors Regular Meeting Minutes of January 24, 2019 5. Approve the Directors' Compensation and Reimbursement of Expenses 6. Adopt Warrant Resolution No. CMSD 2019-8 Approving District Warrant Registers 7. Approve Payroll Transparency Disclosure for January 2019. 8. Approve the preparation of a warrant to CR Transfer in the amount of $207,048.10 for January 2019 recycling and disposal services in the February 2019 warrant register 9. Accept the occupancy count as presented as 22,752 and direct staff to prepare a warrant to CR&R Environmental Services for $222,864.94 for January 2019 collection 10. Approve Investment Report for the Month of January 2019 11. Contracts Signed by General Manager D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 3. Approve out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. 4. Approve Director Scheafer's out-of-state Travel and Attendance of the Waste Expo Conference in Las Vegas, Nevada. F. ENGINEER'S REPORTS 1. Receive and File the Monthly Capital Improvements Project Status Report 2. Approve Easement Agreement for Canyon Pump Station Generator 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) - (President Ferryman) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) 4. California Special Districts Association (CSDA) - (Secretary Schafer) 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 J. OLD BUSINESS K. NEW BUSINESS 1. Citizens Advisory Committee (CAC) February 13, 2019 Meeting Overview 2. Receive and File the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2018 5. Consider Approving General Manager's 2019 Performance Goals L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments M. ADJOURN TO CLOSED SESSION 1. Conference with Legal Counsel- Existing Litigation (Gov. Code §54956.9) Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board-G055278 2. Closed Session to Discuss Public Employee Performance Evaluation (Gov. Code §54957(b).) Title: General Manager 3. Closed Session to Discuss Labor Negotiations (Gov. Code §54957.6(a).) Agency representative: President Ferryman Unrepresented Employee: General Manager 4. Closed Session to Discuss Labor Negotiations(Gov. Code §54957.6(a).) Agency representative: General Manager Unrepresented employees: All employees of the District excluding the General Manager N. RECONVENE TO OPEN SESSION 1. Reconvene to Open Session and Report Out O. CLOSING ITEMS 1. Adjourn Thursday, February 28, 2019 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 Ferryman Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Ferryman Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Ooten Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS James Ferryman, President Robert Ooten, Vice President Arlene Schafer, Secretary Michael Scheafer, Director 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 Feb 28, 2019 - 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 28, 2019 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Feb 28, 2019 - 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 28, 2019 - 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 28, 2019 - 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 28, 2019 Subject: Approve the Board of Directors Study Session Minutes of January 8, 2019 Summary The recorded minutes of the January 8, 2019 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 January 8, 2019. 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 28, 2019 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 Subject 2. Approve the Board of Directors Study Session Minutes of January 8, 2019 Meeting Feb 28, 2019 - 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 Jan 8, 2019 - Board of Directors Study Session minutes_2019_01_08_ss.pdf (44 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: February 28, 2019 Subject: City/Districts Liaison Committee Meeting Minutes of January 18, 2019 Summary The recorded minutes of the January 18, 2019 City/Districts Liaison Committee Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the City/Districts Liaison Committee Meeting on January 18, 2019. 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 28, 2019 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 City/Districts Liaison Committee Meeting Minutes of January 18, 2019 Meeting Feb 28, 2019 - 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 Jan 18, 2019 - City/District Liaison Committee Meeting File Attachments minutes_2019_01_18_liaison.pdf (48 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: February 28, 2019 Subject: Approve the Board of Directors Regular Meeting Minutes of January 24, 2019 Summary The recorded minutes of the January 24, 2019 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 24, 2019. 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 28, 2019 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 Subject 4. Approve the Board of Directors Regular Meeting Minutes of January 24, 2019 Meeting Feb 28, 2019 - 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 Jan 24, 2019 - Board of Directors Regular Meeting minutes_2019_01_24_rm.pdf (90 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: February 28, 2019 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 28, 2019 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 director_compensation.pdf (238 KB) Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Feb 28, 2019 - 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. director_expense.pdf (136 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 Feb 2019 Meeting.pdf (390 KB) Subject 6. Adopt Warrant Resolution No. CMSD 2019-8 Approving District Warrant Registers Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2019-8 approving District warrants for the month of January 2019 in the amount of $684,677.68. 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: Kaitlin Tran, Senior Accountant Date: February 28, 2019 Subject: Payroll Transparency Disclosure for January 2019. Summary Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Analysis Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Recommendation That the Board of Directors approve 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. Subject 7. Approve Payroll Transparency Disclosure for January 2019. Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors approve and file the report. Goals 7.0 Finance Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 28, 2019 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 2019.pdf (481 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 28, 2019 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $207,048.10 for January 2019 recycling and disposal services in the February 2019 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 $207,048.10 for January 2019 recycling and disposal services to be ratified in the February 2019 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 over billed the District by $0.13, but CMSD will be paying the actual amount owed. Costa Mesa Newport Beach Total Residential Waste $150,580.92 $4,084.84 $154,665.76 Organics $49,920.81 $2,461.54 $52,382.34 Total Payment $207,048.10 Tonnage Residential Waste 2897.46 78.60 2976.06 Organics 698.19 34.43 732.62 Total Tonnage 3708.68 Legal Review Not Applicable Subject 8. Approve the preparation of a warrant to CR Transfer in the amount of $207,048.10 for January 2019 recycling and disposal services in the February 2019 warrant register Meeting Feb 28, 2019 - 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 $207,048.10 for January 2019 recycling and disposal services to be ratified in the February 2019 warrant register. 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 28, 2019 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 28, 2019 Subject: Accept the occupancy count as presented as 22,752 and direct staff to prepare a warrant to CR&R Environmental Services for $222,864.94 for January 2019 collection Summary Accept the occupancy count as presented using 22,752 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2019 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,864.94 to be ratified in the February 2019 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 22,752 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2019 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,864.94 to be ratified in the February 2019 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, 2019, total District occupancy was at 22,752, with twenty-eight (28) accounts added since the last billing period. District staff will continue to track the number of new service addresses. The payment calculation is based on the following: District's Current Rate for January of 2019: 22,752x $9.7954 =$222,864.94 Legal Review Not Applicable Subject 9. Accept the occupancy count as presented as 22,752 and direct staff to prepare a warrant to CR&R Environmental Services for $222,864.94 for January 2019 collection Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 22,864.94 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2019 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $222,864.94 to be ratified in the February 2019 warrant list. 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 28, 2019 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 2019-01-G CMSD Occupancy Report.pdf (16 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: February 28, 2019 Subject: Approve the Investment Report for the month of January 2019 Summary Attached is the Investment Report for the month of January 2019. 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 January 2019. 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, 2019. 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 January 31, 2019, was 1.979%. The yield to maturity of the portfolio was 1.982%. The District’s weighted average interest rate was 38 basis points (0.376%) below the LAIF average monthly rate for January 2019 of 2.355%. The weighted average number of days to maturity for the District’s total portfolio was 585 days (1.60 years). The average duration of the underlying securities in LAIF as of January 31, 2019 was 192 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, 2019 was 36.58%. 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: Subject 10. Approve Investment Report for the Month of January 2019 Meeting Feb 28, 2019 - 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 January 2019. Goals 7.0 Finance 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 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 January 31, 2018, the portfolio has earned a weighted average interest rate of 1.824%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2019 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 2019.pdf (512 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: Scott Carroll, General Manager Date: February 28, 2019 Subject: Contracts Signed by General Manager Summary At the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of contracts he signed during the previous month. Below are the contracts he signed in the month of January 2019. Recommendation That the Board of Directors receive and file this report Analysis Below are the contracts signed by the General Manager in the month of January 2019. 1. Schuler Constructors, Inc. - Removing corrosion on the Elden Force Main located inside the Mesa Drive Bridge. Cost: $4,305 2. Alpha Traffic Services, Inc. - Traffic Control Plan, encroachment & lane closure permit and monitoring lane closure for removing corrosion on the Elden Force Main located inside the Mesa Drive Bridge. Cost: $4,172 3. Pinkerton Consulting & Investigation, Inc. - Temporary security at Board of Directors meetings. Cost: $125.00 an hour for a minimum of four hours per meeting Legal Review All contracts are reviewed and approved by District Counsel before contracts are executed. Environmental Review Providing the Board of Directors a monthly list of contracts signed by the General Manager 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 Total cost to the District for executing the three contacts above is $9,977. There is appropriate funding in the FY 2018-19 Budget for these expenditures. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2019 Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information. Subject 11. Contracts Signed by General Manager Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report Goals 5.0 Administrative Management 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: February 28, 2019 Subject: Citizens Advisory Committee (CAC) February 13, 2019 Meeting Overview Summary The following is an overview of the topics discussed by the CAC at their February 13 meeting Recommendation That the Board of Directors receive and file this report. Analysis There were five items on the February 13 agenda that are described below. 1. Approve the Citizens Advisory Committee Meeting Minutes of January 9, 2019 - CAC member Lester commented that she did not see the minutes reflect a comment made by staff regarding CR&R not keeping track of where the different cart sizes are located. Staff informed the CAC the minutes will be amended to address CAC Lester comments. The minutes were unanimously approved. 2. Draft Board of Directors Meeting Minutes of January 24, 2019 - There was no discussion regarding this item. 3. Solid Waste Rate Study Report - This item was brought back after being discussed on January 9th because the CAC wanted staff to look at a variable rate structure for the different cart sizes. Staff brought back a recommendation of adopting a two-year rate of $19.95 a month and then by 2021 the Board could consider adopting a variable rate system. In 2019 and 2020, staff would pay consultants to inventory the various cart sizes as well as performing another rate study. In addition, the District would acquire a new software system that can accept variable rates. The estimated cost to perform two studies and acquire a software system is $140,000. Staff also presented an alternative option to variable rates and that was a straight five-year rate increase where all cart sizes would pay the same rate. The alternative option is a 33% increase over the next five years, where rates would increase from $18.00 to $24.10 by 2023. During the course of an hour there was good discussion about both options where the CAC asked many questions. The CAC is recommending the Board adopt the alternative option (Option 2) because they believe there are too many unknowns and it will save the District $140,000. By a vote of 4-3 with one abstention the motion passed to recommend Option 2 to the Board. Three CAC members were absent from the meeting. 4. Wastewater Service Boundaries between Costa Mesa Sanitary District and City of Newport Beach - Staff described its collaboration with the City of Newport Beach and OC LAFCO (Local Agency Formation Commission) to annex certain properties located near Upper Newport Bay. Staff informed the CAC that for nearly 60 years the City of Newport Beach has been paying CMSD a "capacity" fee for collecting and delivering wastewater to treatment facilities at Orange County Sanitation District. All parties are recommending a new agreement between the City and CMSD and for CMSD to submit an application to LAFCO to annex most of the properties that are flowing wastewater into CMSD's system. Annexing the properties into CMSD service area will allow CMSD to assess wastewater fees on the properties tax roll for services rendered and the City of Newport Beach can forgo most of the payments to CMSD. The CAC unanimously approved recommending the Board of Directors the following: Consider adopting a resolution of intent to annex the City of Newport Beach properties that were identified in Exhibit "A" of the staff report; and Consider approving a new Agreement with the City of Newport Beach for wastewater capacity fees. Subject 1. Citizens Advisory Committee (CAC) February 13, 2019 Meeting Overview Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors receive and file this report Goals 5.0 Administrative Management 5. CMSD 75th Anniversary Ad Hoc Committee Meeting - Staff informed the CAC that four short videos about CMSD programs were created to air at Starlight Triangle Square Cinemas for the entire year of 2019. Unfortunately, there were technical difficulties and the videos were not viewed by CAC, but staff encouraged CAC members to watch the recorded Board study session on February 12th because the videos were demonstrated to the Board during their study session meeting. In addition, staff described to the CAC the giveaways approved by the Committee that will be available to the public during community events. Legal Review Not applicable Environmental Review Providing an overview of the CAC's February 2019 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 February 28, 2019 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. E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Senior Accountant Date: February 28, 2019 Subject: Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2018 Summary Government Finance Officers Association (GFOA) established the Popular Annual Financial Reporting Program (PAFR) to encourage governments to take information from their Comprehensive Annual Financial Report (CAFR) and condense it into a smaller easily understandable document that the general public can read without a background in finance. The GFOA then recognizes governments for their achievement. The District has won this prestigious award for the last three years. The PAFR for the year ending June 30, 2018 has been completed and submitted to the GFOA. It is attached for your review. Recommendation That the Board of Directors receive and file the Popular Annual Financial Report for the year ended June 30, 2018 Analysis According to GFOA's website, the GFOA established the Popular Annual Financial Reporting Awards Program (PAFR Program) in 1991 to encourage and assist state and local governments to extract information from their comprehensive annual financial report to produce high quality popular annual financial reports specifically designed to be readily accessible and easily understandable to the general public and other interested parties without a background in public finance and then to recognize individual governments that are successful in achieving that goal. The PAFR is another tool to demonstrate an agency's transparency efforts because it takes a large comprehensive finance report, the CAFR, and condenses it to several pages using graphs and charts so that the public can easily understand the spending trend of their local government. Surprisingly, not many municipalities and special districts in California received the PAFR award from GFOA. In 2017, only twelve municipalities received the PAFR award (Huntington Beach is the only city in Orange County to receive the award), and only five special districts received it (CMSD is the only special district in Orange County to receive the award). Special recognition goes to CMSD's Finance Department (Kaitlin Tran, Lieu Tran and Marc Davis) for creating another outstanding PAFR! Legal Review Not applicable. Environmental Review The preparation of financial statements is an administrative action that is categorically exempt under 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 only financial impact is the application cost of $225, which was included in the District’s budget. Public Notice Process Subject 2. Receive and File the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2018 Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 7.7 Create a popular report and upload document on the District’s website 7.0 Finance Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2019 Board of Directors regular meeting at District Headquarters and on District’s website at www.cmsdca.gov. Alternative Actions N/A File Attachments CMSD PAFR 2018.pdf (5,502 KB) E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Senior Accountant Date: February 28, 2019 Subject: Approve out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Summary The Costa Mesa Sanitary District Operation Code Section 3.02.070 Staff Expenses requires prior Board approval for staff to travel out-of-state for conferences, meetings, seminars or related matters. Accela, the District’s Springbrook accounting software provider, holds its annual conference in Portland, Oregon from June 13th to 14th, 2019. The adopted budget for fiscal year 2018-2019 includes sufficient funds for Kaitlin Tran, Senior Accountant to attend the conference. Recommendation The Board of Directors approves out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Analysis Accela, provider of Springbrook Software holds an annual conference to provide software updates, introduce new features and provide education/networking opportunities for their users. Attendance at the conference will offer an excellent opportunity for staff to discuss issues related to the upgrade and needed improvements as well as network with other local governments using the Springbrook platform. The adopted budgeted estimate the cost of attendance is as follows: Registration $750 Lodging $650 Airfare $300 Meals $100 Total $1,800 Legal Review Not applicable. Environmental Review Attendance at a conference is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Subject 3. Approve out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action Budgeted Yes Recommended Action The Board of Directors approves out-of-state travel for Kaitlin Tran to attend the 2019 Springbrook User Conference in Portland, Oregon. Goals 6.7 Promote high employee satisfaction 6.0 Personnel/Organizational Management 3.4 Participate in the activities of professional associations Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review There are sufficient funds budgeted in the Finance Staff Development accounts of $1,800 for the 2018-19 fiscal year. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2019, Board of Directors regular meeting at District Headquarters and on District website www.cmsdca.gov Alternative Actions Refer the matter back to staff. E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Noelani Middenway, District Clerk Date: February 28, 2019 Subject: Request to Approve Director Scheafer's out-of-state Travel and Attendance of the Waste Expo Conference in Las Vegas, Nevada Summary Director Scheafer has expressed interest in attending the Waste Expo Conference to be held in Las Vegas, NV on May 6-9, 2019 and is requesting the Board's approval for out-of-state travel. Analysis District Operations Code Section 3.01.090 Conferences, Travel and Expenses states that no Board member shall incur expenses to attend educational seminars, conferences, programs, government hearings and functions, outside the state, without prior Board approval. The Waste Expo Conference will be held at the Las Vegas Convention Center in Las Vegas, Nevada, and will require Board approval for Director Scheafer to attend. The anticipated expenses associated with Director Scheafer's conference attendance is as follows: Registration $1095 Lodging $700 Mileage or Airfare $300 Meals $300 Total $2395 A copy of the full conference program is attached for review and consideration. Recommendation That the Board of Directors approve Director Scheafer's out-of-state travel and attendance of the Waste Expo Conference in Las Vegas, Nevada. Legal Review Not required. Environmental Review Subject 4. Approve Director Scheafer's out-of-state Travel and Attendance of the Waste Expo Conference in Las Vegas, Nevada. Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $2,395.00 Budgeted Yes Recommended Action That the Board of Directors approve Director Scheafer's out-of-state travel and attendance of the Waste Expo Conference in Las Vegas, Nevada. Conference attendance 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 Sufficient budgeted funds for the Board of Directors Professional Development is available for the 2018-19 fiscal year. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2019, Board of Directors regular meeting at District Headquarters and on District website www.cmsdca.gov Alternative Actions 1. Refer the matter back to staff. 2. Deny Director Scheafer's out-of-state conference attendance. File Attachments waste_expo_program.pdf (959 KB) Admin Content E. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: February 28, 2019 Subject: Consider Approving General Manager's 2019 Performance Goals Summary Every year the Board of Directors approves performance goals for the General Manager. Attached are the proposed goals for 2019. Recommendation That the Board of Directors considers approving the General Manager's 2019 Performance Goals Analysis Attached for the Board of Directors consideration are ten performance goals for the General Manager. On February 4, 2019, President Ferryman and the General Manager had their meeting and tonight President Ferryman will give an oral report regarding the proposed goals along with modifications, if any. 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 28, 2019 Board of Directors regular meeting at CMSD headquarters 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 2019 Goals.docx (14 KB) Subject 5. Consider Approving General Manager's 2019 Performance Goals Meeting Feb 28, 2019 - 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 From: Rob Hamers, District Engineer Date: February 28, 2019 Subject: Capital Improvement Projects Status Report Summary Attached is a summary of the Capital Improvement Project activities during the month. Recommendation That the Board of Directors receive and file the report. Analysis Attached are nine capital improvement projects that are in progress or will soon begin. 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 28, 2019 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 Monthly Status Report - February 2019.pdf (91 KB) Subject 1. Receive and File the Monthly Capital Improvements Project Status Report Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Receive and File F. ENGINEER'S REPORTS To: Board of Directors From: Rob Hamers, District Engineer Date: February 28, 2019 Subject: Canyon Pump Station Generator Easement Agreement Summary The District's 5-year temporary easement agreement with the property owners at 2247 State Avenue and 2250 Canyon Drive for placement of the District's emergency back-up generator expired in September 2018. Because the west side pumping station abandonment program was canceled, District staff re-negotiated the terms of the agreement and both parties agreed to a 10-year temporary extension. The terms of the extension with the property owners of 2247 State Avenue are: a 10-year temporary extension with total compensation of $10,000. The terms of the extension with the property owners of 2250 Canyon Drive are: a 10-year temporary extension with a reduction in size of the easement as shown in Exhibit C and total compensation of $1,500. Recommendation The Board of Directors approve, execute, and record the attached easement agreement and direct staff to pay the compensation due each party. Analysis The District has committed to providing emergency backup power for all the sewer pumping stations but the Canyon Pump Station is located in the street and there is no room on public property for a diesel generator. Therefore, the District negotiated easements with the two neighboring property owners and successfully entered into easement agreements and installed the generator. Originally, the Canyon Pump Station was scheduled for abandonment as part of the west side pump station abandonment program, which would have alleviated the need for emergency power when the abandonment facilities were installed. The schedule was for the Costa Mesa Sanitary District (CMSD) and Orange County Sanitation District (OCSD)abandonment sewer systems to be in place in the 2018-2019 timeframe. However, the projected cost for the OCSD portion rose from less than $15 million to approximately $30 million and OCSD canceled the joint endeavor. Therefore, the Sanitary District pursued extending the easement agreement. Legal Review The attorney for the District prepared and signed the new easement agreement. Environmental Review The installation of a generator for backup power at the Canyon Pump Station is a minor alteration and is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15301 as a “Class 1” project as stated under 15301; “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities …”; pertaining to 15301(b) “Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services”. Financial Review Adequate funds for the easement are available in Project 319/320, Canyon Force Main Replacement and Pump Station Rehabilitation. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2019 Board of Directors regular meeting at District Headquarters and on District’s website. Alternative Actions Subject 2. Approve Easement Agreement for Canyon Pump Station Generator Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors approve the easement agreement for the Canyon Pump Station Generator Refer the matter back to staff for more information. Attachments Easement Agreement with Exhibits A, B, and C Picture of Generator File Attachments 20181121 Grant of Easement to CMSD for Standby Diesel Generator.pdf (94 KB) Exhibit A & B.pdf (40 KB) 196B Canyon esmnts EXHIBIT C.pdf (44 KB) IMG_3363.JPG (653 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) - (President Ferryman) Meeting Feb 28, 2019 - 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 28, 2019 - 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) - (Secretary Schafer) Meeting Feb 28, 2019 - 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 28, 2019 - 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) - (Director Scheafer) Meeting Feb 28, 2019 - 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 28, 2019 - Board of Directors Regular Meeting Access Public Type Information L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Discussion M. ADJOURN TO CLOSED SESSION Subject 1. Conference with Legal Counsel- Existing Litigation (Gov. Code §54956.9) Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board- G055278 Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type M. ADJOURN TO CLOSED SESSION Subject 2. Closed Session to Discuss Public Employee Performance Evaluation (Gov. Code §54957(b).) Title: General Manager Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type M. ADJOURN TO CLOSED SESSION Subject 3. Closed Session to Discuss Labor Negotiations (Gov. Code §54957.6(a).) Agency representative: President Ferryman Unrepresented Employee: General Manager Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type M. ADJOURN TO CLOSED SESSION Subject 4. Closed Session to Discuss Labor Negotiations(Gov. Code §54957.6(a).) Agency representative: General Manager Unrepresented employees: All employees of the District excluding the General Manager Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type N. RECONVENE TO OPEN SESSION Subject 1. Reconvene to Open Session and Report Out Meeting Feb 28, 2019 - 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 28, 2019, IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 1. Adjourn Meeting Feb 28, 2019 - Board of Directors Regular Meeting Access Public Type Procedural