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2022-02-28_boardMonday, February 28, 2022 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** IMPORTANT NOTICE REGARDING THE FEBRUARY 28, 2022 REGULAR BOARD MEETING This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). *** The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary. *** To participate in the meeting by computer: 1. Copy and paste the following into your browser - https://us02web.zoom.us/join 2. Enter the Meeting ID number - 817 1601 6634 3. Click "Join." *** To join the meeting with a mobile device: 1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for Apple devices) 2. Open the Zoom app. Select "Join a Meeting." 3. Enter Zoom Meeting ID. Select "Join Meeting." *** To join the meeting by phone: 1. Call 1-669-900-6833. 2. You will be asked to enter the Meeting ID number. Dial 817 1601 6634# 3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this step. *** Public Comments: Members of the public can submit any comments in real time during the meeting or prior to the meeting in writing for the Board of Directors' consideration by sending them to the District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the meeting. *** 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 from the District Clerk's Office. *** 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 Ooten Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Ooten Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Scheafer Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural A. OPENING ITEMS Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, 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, 2022 - Board of Directors Regular Meeting 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, 2022 - Board of Directors Regular Meeting Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Feb 28, 2022 - Board of Directors Regular Meeting 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, 2022 - Board of Directors Regular Meeting 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, 2022 - Board of Directors Regular Meeting 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, 2022 Subject: Approve the Board of Directors Study Session Minutes of January 11, 2022 Summary The recorded minutes of the January 11, 2022 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 11, 2022. 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, 2022 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. Subject 2. Approve the Board of Directors Study Session Minutes of January 11, 2022 Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2022_1_11_ss.pdf (106 KB) Workflow 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. Workflow Feb 16, 2022 2:41 PM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for approval. Feb 17, 2022 4:21 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval. Feb 23, 2022 2:50 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:23 PM :: Final approval by Noelani Middenway 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, 2022 Subject: Approve the Board of Directors Regular Meeting Minutes of January 24, 2022 Summary The recorded minutes of the January 24, 2022 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for review and approval. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Analysis Attached to the staff report are the minutes for the Board of Directors Regular Meeting on January 24, 2022. 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, 2022 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. Subject 3. Approve the Board of Directors Regular Meeting Minutes of January 24, 2022 Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2022_1_24_rm.pdf (102 KB) Workflow 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. Workflow Feb 16, 2022 7:19 PM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for approval. Feb 17, 2022 4:15 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval. Feb 23, 2022 2:50 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway 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: Autumn Alvarez, Accounting Clerk Date: February 28, 2022 Subject: Approve Payroll Transparency Disclosure for January 2022 Summary 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. Analysis Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Legal Review Not Applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities." Financial Review Sufficient funds are available in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 28, 2022 Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov. Subject 4. Approve Payroll Transparency Disclosure for January 2022 Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Fiscal Impact Yes Budgeted Yes Recommended Action That the Board of Directors approve and file the report. Alternative Actions Refer item back to staff with further instructions. File Attachments Payroll Transparency Disclosure Jan 2022.pdf (1,872 KB) Workflow 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. Workflow Feb 11, 2022 2:28 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran for approval. Feb 11, 2022 3:01 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 23, 2022 2:51 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway 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: Autumn Alvarez, Accounting Clerk Date: February 28, 2022 Subject: Adopt Warrant Resolution No. CMSD 2022-08 Approving District Warrant Registers Summary Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they were paid. Recommendation That the Board of Directors approve and file the report. Analysis Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they were paid. 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 5. Adopt Warrant Resolution No. CMSD 2022-08 Approving District Warrant Registers Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2022-08 approving District warrants for the month of January in the amount of $1,224,763.43. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 28, 2022 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 WARRANT RESO 2022-08.pdf (491 KB) Workflow 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. Workflow Feb 11, 2022 2:29 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran for approval. Feb 11, 2022 3:03 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 23, 2022 2:55 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway 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 & PIO Date: February 28, 2022 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, 2022 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as presented. 1. Do not approve the compensation and reimbursement of expenses as presented. 2. Direct staff to report back with more information. File Attachments eckles_comp1.pdf (163 KB) ooten_comp.pdf (130 KB) perry_comp.pdf (291 KB) schafer_comp.pdf (208 KB) scheafer_comp.pdf (260 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. Subject 7. Approve the preparation of a warrant to CR Transfer in the amount of $187,559.15 for January 2022 recycling and disposal services in the February 2022 warrant register Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $187,559.15 for January 2022 recycling and disposal services to be ratified in the February 2022 warrant register. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 28, 2022 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $187,559.15 for January 2022 recycling and disposal services in the February 2022 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 of 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 $187,559.15 for January 2022 recycling and disposal services to be ratified in the February 2022 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. Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are marked by an asterisk below. Type of Waste Invoice Tonnage Rate Amount Billed Residential Waste - Newport Beach 42763 60.91 $54.98 $3,348.83 Residential Waste - Costa Mesa 42762 2,411.93 $54.98 $132,607.93* Total Residential Waste 2,472.84 $135,956.76 Organics Recycling Waste 42800 682.12 $75.65 $51,602.39* Total Organics 682.12 $51,602.39 Workflow Grand Total 3,154.96 $187,559.15 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 February 28, 2022 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. Workflow Feb 23, 2022 4:52 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval. Feb 23, 2022 5:14 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 24, 2022 12:26 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:26 PM :: Final approval by Noelani Middenway 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, 2022 Subject: Accept the occupancy count as presented as 23,063 and direct staff to prepare a warrant to CR&R Environmental Services for $239,013.40 for January 2021 collection. Summary Accept the occupancy count as presented using 23,063 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,013.40 to be ratified in the February 2021 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 23,063 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,013.40 to be ratified in the February 2021 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 $10.3635 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. As of January 31, 2021, total District occupancy was at 23,063 with five (5) new accounts added and zero (0) accounts removed since the last billing period. District staff will continue to track the number of new service addresses. Subject 8. Accept the occupancy count as presented as 23,063 and direct staff to prepare a warrant to CR&R Environmental Services for $239,013.40 for January 2021 collection Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 23,063 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for January 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,013.40 to be ratified in the February 2021 warrant list. The payment calculation is based on the following: District's Current Rate for January 2021: 23,063 x $10.3635 =$239,013.40 Legal Review Not Applicable Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 28, 2022 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 2022-01-G CMSD Occupancy Report.pdf (82 KB) Workflow 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. Workflow Feb 23, 2022 4:51 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval. Feb 23, 2022 5:16 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 24, 2022 12:26 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:26 PM :: Final approval by Noelani Middenway 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, 2022 Subject: Receive and File the January 2022 Solid Waste Diversion Report Summary Per direction from the Board of Directors the monthly solid waste diversion report has been temporarily suspended due to inaccurate data as a result from the COVID-19 pandemic. Recommendation That the Board of Directors receive and file this report. Analysis Per direction from the Board of Directors at the April 14, 2020 Study Session meeting, the monthly solid waste diversion report has been temporarily suspended. Due to the COVID-19 pandemic, CR&R Environmental Services temporarily suspended their recycling processing at their Stanton Materials Recovery Facility (MRF) where the District's mixed waste is processed from March to September 2020. Below is a chart of all solid waste collected over the last seventeen years. Subject 9. Receive and File the January 2022 Solid Waste Diversion Report Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. File Attachments Tonnage.png (42 KB) Workflow Legal Review Not applicable. Environmental Review Consideration of the Solid Waste Report is an administrative matter and not a disturbance of the environment similar to grading or construction and 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 in the complete agenda packet for the February 28, 2022 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. 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. Workflow Feb 23, 2022 1:38 PM :: Submitted by Nabila Guzman. Routed to Scott Carroll for approval. Feb 23, 2022 3:23 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:28 PM :: Final approval by Noelani Middenway 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, 2022 Subject: Receive and File the January 2021 Organics Tonnage Report Summary A total of 682.12 tons of organic waste were collected in January 2021. Recommendation That the Board of Directors receive and file this report. Analysis Below is a graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years. Additionally, a graph is included breaking down the total tonnage collected and how much material was recycled and landfilled from the organics program. Subject 10. Receive and File the January 2022 Organics Tonnage Report Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. Legal Review Not applicable. Environmental Review Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and 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 in the complete agenda packet for the February 28, 2022 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. File Attachments Organics.png (8 KB) Organics Tonnage.png (16 KB) Workflow 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. Workflow Feb 23, 2022 2:05 PM :: Submitted by Nabila Guzman. Routed to Scott Carroll for approval. Feb 23, 2022 3:23 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:29 PM :: Final approval by Noelani Middenway 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, 2022 Subject: Receive and File January 2022 Contracts Signed by the 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 months of January 2022. 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 2022: Contracts 1. Sancon Technologies, Inc. - Rehabilitating 15 brick sewer manholes with cured-in-place composite liner system (Project #324) Cost: $96,478.00 2. Kilbride Construction Ltd. - Project #340 - City of Newport Beach Sewer Interconnect Relocation. Cost: $36,825.00 3. AMS Anderson Air Conditioning - Replacing one HVAC unit at HQ. Cost: $11,250.00 4. Occupational Safety Training Systems (OSTS) - Provide safety training seminars to staff. Cost: $3,375.00 Purchase Orders 5. Skyline Safety and Supply - Purchase arc flash PPE/uniforms and vests. Cost: $5,829.20 6. United Water Works - 8” fitting and pipe for Project 340. Cost: $1,453.72 7. Liebert Cassidy Whitmore - Orange County employment relations consortium. Provides workshops, sample forms, model policies and advice regarding personnel. Cost: $4,545.00 8. Mid-West Hose & Specialty, Inc – Purchase suction hose. Qty: 8. Cost: $2,795.87 9. Schuler Constructors, Inc. – Remove air-release valve and install manual valve with pipe for Project 337. Cost: $717 Subject 11. Receive and File January 2022 Contracts Signed by the General Manager Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. Goals 6.0 Administrative Management 10. American Building Janitorial Inc. – Clean and sanitize using fogger machine and wipe down all surfaces at Headquarters and Robin Hamers Yard. Cost: $2,520 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 There is adequate funding in the budget for the expenses referenced above. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2022 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. Workflow 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. Workflow Feb 24, 2022 3:37 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 6:46 PM :: Final approval by Noelani Middenway D. PUBLIC HEARINGS Subject 1. Open Public Hearing - Consider Voting Division Adjustments After Decennial Census Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural D. PUBLIC HEARINGS To: Board of Directors From: Alan Burns, District Counsel Date: February 28, 2022 Subject: Consider Voting Division Adjustments After Decennial Census Summary This public hearing is part of the process of reviewing our voting map after the Federal Decennial Census. On February 8, 2022, the Board of Directors received a presentation from CMSD's demographer regarding voting division adjustments Recommendation That the Board of Directors: 1. Conduct a public hearing to consider voting division adjustments after decennial census; and 2. After conducting the public hearing, forward the map proposed by CMSD demographer (with adjustments to the boundaries to account for population changes) to the next public hearing for adoption. Analysis The Federal Voting Rights Act and the California Voting Rights Act authorized challenges to at-large voting if they caused “vote dilution” of protected classes. In response to a challenge received in 2018, the District adopted a by- division voting system so that protected classes would be better able to elect their preferred candidates or otherwise “Influence” elections by eliminating vote dilution. The District held five public hearings and utilized the Citizens Advisory Committee to assist it in creating the maps. The Board considered seven different maps. The divisions are required to be roughly equal in population, with no more than a 10% variance in population between divisions. After considerable public outreach, the Board adopted the map that created the existing voting divisions. Any entity adopting such a map must review the map after each Federal Decennial Census and make adjustments based on population changes. The Census was delayed this year due to COVID, and the Legislature has established a compliance date for map adjustment of April 17, 2022. The 2020 Federal Census shows just enough change in the District’s population to warrant an adjustment to two divisions. CMSD's demographer, Deborah Diep of the Center for Demographic Research (CDR), was able to adjust two divisions to make the divisions roughly equal again (and within the 10% variance allowance). The attached map is the map recommended by staff. Legal Review This report was prepared by District Counsel with assistance from demographer, Deborah Diep of the CDR Subject 2. Receive Presentation to Consider Voting Division Adjustments After Decennial Census Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action Recommended Action That the Board of Directors: 1. Conduct a public hearing to consider voting division adjustments after decennial census; and 2. After conducting the public hearing, forward the map proposed by CMSD demographer (with adjustments to the boundaries to account for population changes) to the next public hearing for adoption. Goals 6.0 Administrative Management Environmental Review Consideration for adjusting voting divisions is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Work performed by CMSD's demographer to review and adjust voting division maps is estimated at $10,000. There is adequate funding in the budget for this expense. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 28, 2022 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions If the Board desires, additional Plans can be prepared and hearings held. File Attachments Voting Divisions Map Plan 1.pdf (1,053 KB) CMSD2022_Plan_1_packet.pdf (1,434 KB) CMSD_ExistingConditions_20220201.pdf (8,280 KB) CMSD_Redistricting_2022.02.28.pptx (6,638 KB) Workflow Workflow Feb 24, 2022 7:02 PM :: Submitted by Scott Carroll. Routed to Kaitlin Tran for approval. Feb 24, 2022 7:13 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 24, 2022 7:17 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 25, 2022 3:00 PM :: Final approval by Noelani Middenway D. PUBLIC HEARINGS Subject 3. Receive Comments Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type D. PUBLIC HEARINGS Subject 4. Close the Public Hearing Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural D. PUBLIC HEARINGS Subject 5. Open Public Hearing - Consideration of Annual Wastewater Collection Charges Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural D. PUBLIC HEARINGS To: Board of Directors From: Scott Carroll, General Manager Date: February 28, 2022 Subject: Presentation of Report Justifying Increases -- Public Hearing and Consideration of Annual Wastewater Collection Charges to be Collected with the General Taxes Summary On December 20, 2021, the Board of Directors performed the following action: 1. Received and file the 2022 Sewer Rate Study Preliminary Draft Report prepared by Robert D. Niehaus, Inc.; and 2. Directed staff to prepare and mail Proposition 218 Notice to all CMSD property owners receiving wastewater collection services at least 45 days prior to a scheduled public hearing; and 3. Schedule a public hearing on February 28, 2022 to consider adopting New Wastewater Rates to go into effect on July 1, 2022 Tonight, the Board will open a public hearing to hear and consider all public comments regarding the charges, but only written protests submitted prior to the close of the public hearing will be considered when determining whether a majority protest against the higher charges exists. It is District policy that four affirmative votes from Board of Directors are required to impose new charges. Recommendation That the Board of Directors: 1. Determine whether a majority protest occurred for increasing the solid waste charge. 2. If there is not a majority protest, adopt Resolution No. 2022-954 confirming the charges and for the Imposition of the Charges on the Tax Roll Analysis The District is responsible for providing a wastewater collection system to residents and businesses throughout Costa Mesa and a portion of Newport Beach and the County of Orange. Proper maintenance and capital improvements of the system is necessary to ensure good operations and avoid sanitary sewer overflows (SSOs). The last time the District adjusted the wastewater rates was in 2017. In the past five years, expenditures have steadily increased while revenues remained constant. In fact, wastewater reserve funds were used to balance the FY 2021-22 & 2022-23 Subject 6. Receive Presentation of Report Justifying Increases -- Public Hearing and Consideration of Annual Wastewater Collection Charges to be Collected with the General Taxes Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action Fiscal Impact Yes Recommended Action That the Board of Directors: 1. Determine whether a majority protest occurred for increasing wastewater charges; and 2. If there is not a majority protest, adopt Resolution No. 2022-954 confirming the charges and for the imposition of the charges on the tax roll. Goals 1.0 Sewer Infrastructure Budget because expenditures are exceeding revenues. Current revenues are not sustainable to District operations, so adjustments are required. Wastewater rates pay for District operations, which include personnel (salaries & benefits), maintenance (pipe cleaning, pump stations, fleet, buildings), and capital improvements (pipe replacement/rehabilitation, pump station improvements/rehabilitation). The District hired Robert D. Niehaus, Inc. (RDN) to perform a rate study to determine fair and equitable charges that will cover all costs associated to the District's Wastewater Collection Program. Attached is a copy of the final report. Wastewater rates are applied to the following property classes: Single Family Residential Multi-Family Residential (e.g. apartments, condominiums) Commercial Average Strength (businesses without on-site food preparation) Commercial High Strength (businesses with on site food preparation) Industrial (e.g. manufacturing) Trailer Accessory Dwelling Units (ADUs) On December 14 staff and RDN presented the Board with five rate options to consider. The Board preferred option below and directed staff to report back on December 20, 2021 to receive and file the 2022 Sewer Rate Study Preliminary Draft Report and approve setting a pubic hearing date to be on February 28, 2022 to consider adopting the new rates. Single-family residential, multi-family residential, trailer and ADU classes are charged per dwelling unit. Commercial (average and high strength) and industrial are charged based on the total square footage of the building space on each parcel. One billing unit is equivalent to 1,000 square feet. Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Revenue Adjustments 17.00%17.00%0.00%0.00%0.00% Annual Rates - Table 1 Customer Class Current Rates FY 2022- 2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Single-Family Residential 92.38 101.22 118.43 118.43 118.43 118.43 Multi-Family Residential 54.21 76.83 89.89 89.89 89.89 89.89 Commercial - Ave Strength 41.09 44.13 51.63 51.63 51.63 51.63 Commercial - High Strength 44.81 49.14 57.49 57.49 57.49 57.49 Industrial 105.48 113.64 132.96 132.96 132.96 132.96 Trailer 54.21 71.35 83.48 83.48 83.48 83.48 ADU 0.00 37.21 43.54 43.54 43.54 43.54 Prior to tonight's public hearing, the public had many opportunities to review and comment on the proposed rate adjustments. Proposed wastewater rate adjustments were discussed by the Board of Directors in an open public meeting on November 9 and 16, 2021 and December 14 and 20, 2021. In addition, proposed wastewater rate adjustments were discussed by the Citizens Advisory Committee on November 10, 2021 and by the Costa Mesa Mesa Chamber of Commerce Government Affairs Committee on December 1, 2021. On January 26, 2022 at 5:30 pm, the District hosted a wastewater rate study virtual workshop for the public. The District created a specific page on its website dedicated to the wastewater rate study. On the webpage include staff reports, slide presentation, video recording of Board meetings, the proposed rates and the written study prepared by RDN. The webpage will also have a link to submit questions. Proposition 218 Proposition 218 was passed by the voters in 1996 and imposes substantive and procedural requirements on the District with respect to increasing any charges. Regarding the substantive provisions of Proposition 218, the law provides that each “property related charge” must meet the following tests: 1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or chare is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionally requirement for assessments. 5. No fee or charge may be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. This report has been made available to the public for their review. Once that report has been presented, the Board should ask any questions of staff and then ask the District Clerk to provide the status report on whether any protests have been received. The District Clerk has provided notice by mail to all parcels subject to the charges. The law provides that if written protests are presented by a majority of the owners of the parcels, the charges may not be imposed. Since only written protests can be considered, staff has developed forms for the use of the protesting owners so that any person wishing to protest tonight can have their vote counted. There are 26,302 parcels that are subject to the charges being considered tonight. If there is not a sufficient protest, the Board may consider whether or not to impose the charge by adoption Resolution No. 2022-954, which is attached hereto. The proposed wastewater collection charges for 2022-23 is described in Table 1 above. The charge meets the substantive requirements of Proposition 218 as follows: 1. Revenues derived from the fee or charge do not exceed the funds required to provide the solid waste collection service. The charges are calculated by adding together the cost of components necessary to provide the service and then apportioning this to those receiving solid waste collection services. No components other than those directly related to providing the service are used to establish the charge. The components include personnel (salaries & benefits), maintenance (pipe cleaning, pump stations, fleet, building), and capital improvements (pipe replacement/rehabilitation, pump station improvements/rehabilitation). 2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is imposed. The revenue is to be used only for the components of providing wastewater collection services as outlined in Paragraph 1 above and as identified in the District’s yearly budget. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. Costs allocated to customer classes are based on volume of discharge, the relative strength of discharge (wastewater strength is typically measured in biochemical oxygen demand (BOD) and totals suspended solids (TSS), and the number of connections. Then, annual rates were determined by dividing the cost allocation of each customer class by the number of billing units within that class. For example, the total annual cost allocation for Single-Family Residential customers is $2,143,949, divided by the number of units, 21,181, resulting in an annual charge of $101.22. 4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionally requirement for assessments. The charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties not receiving wastewater collection service are not charged. 5. No fee or charge may be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. No fee or charge is imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for wastewater collection services. The District provides only solid waste collection and wastewater collection service and all charges collected for wastewater collection are used only for that purpose. Legal Review District Counsel has reviewed and approved this staff report and Resolution No. 2022-954. Environmental Review Consideration of wastewater rate adjustments is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review If a majority protest does not occur at the public hearing, the proposed charges identified in Table 1 above will generate $6,670,352 in revenue in FY 2022-23. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 28, 2022 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. If a majority protest occurs at the public hearing, direct staff to bring back recommended expenditure reductions for the Wastewater Collection Program. File Attachments 2022 Final Report.pdf (1,967 KB) reso.2022-954_imposing_charges_wastewater.pdf (67 KB) Workflow Workflow Feb 23, 2022 12:25 PM :: Submitted by Scott Carroll. Routed to Lucy Jacobo for approval. Feb 24, 2022 12:24 PM :: Forced Approval by Scott Carroll as the document publisher. D. PUBLIC HEARINGS Subject 7. Receive Comments Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type D. PUBLIC HEARINGS Subject 8. Close the Public Hearing Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural E. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: February 28, 2022 Subject: Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Springbrook National User Group (SNUG) Conference in Portland, Oregon on April 4-6, 2022. Summary Staff is requesting the approval of out-of-state travel for the Finance Manager, Kaitlin Tran, to attend the 2022 Springbrook National User Group (SNUG) Conference in Portland, Oregon on April 4, 2022 through April 6, 2022. There is $2,200 included in the adopted budget for staff to attend this conference. Recommendation: Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Springbrook National User Group (SNUG) Conference in Portland, Oregon on April 4-6, 2022. Analysis Springbook is a cloud financial platform for local governments and it's the preferred platform used by District staff. Every year, Springbook will host a conference to provide training of their product to help ensure users are fully versed in the complete utilization of Springbook tools. The 2022 conference is held in Portland, Oregon. According to CMSD Operations Code Section 3.02.070, no staff person or person other than a Board member shall travel out of state for conferences, meetings, seminars or related matters without prior Board approval. The estimated cost of attendance is as follows: Registration $650 Lodging 400 Airfare 500 Meals/Transportation/Misc.250 Subject 1. Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Springbrook National User Group (SNUG) Conference in Portland, Oregon on April 4-6, 2022. Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action Fiscal Impact Yes Budgeted Yes Recommended Action Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Springbrook National User Group (SNUG) Conference in Portland, Oregon on April 4-6, 2022. Goals 7.4 Human Resources Management - Provide opportunities to improve individual skills, knowledge, and leadership through professional development 8.0 Finance 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 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 account of $2,200 for the Finance Manager to attend the conference. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2022 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions Do not approve out of state travel for the Finance Manager Workflow Workflow Jan 31, 2022 3:28 PM :: Submitted by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 23, 2022 3:22 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway F. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: February 28, 2022 Subject: Receive and File the District Engineer's Report and Capital Improvement Projects Status Summary The District Engineer has provided a memorandum with a brief summary of major capital or other engineering activities for the period of mid-January to mid-February. The District Engineer's memorandum is attached. Also attached is a detailed summary of the Capital Improvement Project activities and associated project cost expenses for the previous calendar month. Recommendation The Board of Directors receive and file the Capital Improvement Status Report. Analysis Attached is information regarding project or technical sewer activities for the Board of Directors' use and information. 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 The cost of preparing this report is contained within the operating budget. There are 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, 2022, Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov. Subject 1. Receive and File the Monthly District Engineer's Report and Capital Improvement Projects Status Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action Preferred Date Feb 28, 2022 Fiscal Impact No Budget Source N/A Recommended Action The Board of Directors receive and file the District Engineer's Report and Capital Improvement Projects Status. Alternative Actions Refer item back to staff with further instructions. File Attachments 2022 02 Monthly Engineers Report CMSD Memorandum.docx (73 KB) 2022 02 Monthly Engineers Report CMSD Memorandum.pdf (241 KB) CIP Updates for February Board Meeting.pdf (1,097 KB) Workflow Workflow Feb 24, 2022 2:06 PM :: Submitted by Mark Esquer. Routed to Mark Esquer for approval. Feb 24, 2022 2:06 PM :: Approved by Mark Esquer. Routed to Kaitlin Tran for approval. Feb 24, 2022 3:16 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 24, 2022 3:37 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 6:46 PM :: Final approval by Noelani Middenway F. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: February 28, 2022 Subject: Approve New Project #341 Elden Force Main Redundancy Summary The District proposes to study alternatives for installing a redundant Elden Pump Station forcemain. The purpose for the study is to understand various options and associated costs for installing a redundant forcemain. This study should be completed so that a complete and thorough review is conducted prior to moving forward with a project. This project is being considered because the District would like to reduce risk associated with having a single forcemain (single point of failure) that crosses a State freeway for a major pump station. Items under consideration include: 1. Lack of redundancy to perform routine maintenance, periodic condition assessments, or rehabilitations. 2. Capacity to handle outages caused by line-breaks, corrosion damage, or outside construction impacts. 3. Damage caused by earthquakes 4. Ensuring readiness of the forcemain(s) ability to convey sewage and protect public health and the water environment The final report will recommend and summarize options and project estimates for installing a redundant pipeline. District staff will use this information to make recommendations to the Board of Directors concerning this project. Recommendation That the Board of Directors: 1. Consider approving new Project #341 Elden Force Main Redundancy; and 2. Consider approving appropriations of $70,000 from the Project #326, 19th Street Forcemain Replacement Project, to the new Project #341 Elden Forcemain Redundancy Project. Subject 2. Approve New Project #341 Elden Force Main Redundancy Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action Preferred Date Feb 28, 2022 Absolute Date Mar 28, 2022 Fiscal Impact No Dollar Amount $70,000.00 Budgeted No Budget Source Fund Transfer of Excess 326 19th Street Force Main Replacement Project Recommended Action That the Board of Directors: 1. Consider approving new Project #341 Elden Force Main Redundancy; and 2. Consider approving appropriations of $70,000 from the Project #326, 19th Street Forcemain Replacement Project, to the new Project #341 Elden Forcemain Redundancy Project. Analysis Providing a redundant pipeline will reduce the potential for sanitary sewer overflows associated with the Elden pump station, increase the protection of public health, and increase reliability. A major concern is the viability to use trucks for bypassing sewage flow over or around the SR-55 freeway and Caltrans bridges and/or other structural failures resulting from a major earthquake. Other items like corrosion or damage by other construction work could also cause outages of the Elden forcemain. Based on an analysis by RBH for developing the Elden Pump Station Emergency Response Bypass Plan, a minimum of 23 pumper trucks will be required to convey sewage. While appearing logistically feasible, the required quantity of pumper trucks may not be available in a timely manner during an emergency. District staff is considering the need for a redundant forcemain and proposes to commission a planning study to evaluate alternatives and costs of this endeavor. This planning study will review three routing alternatives along with the viability, benefits, and concerns with each alternative. The report will be presented to the Board of Directors for consideration and recommendations by staff. Even if a project does not move forward, the study will provide valuable information for developing a future replacement project. Legal Review Legal Review is not required at this time as this is in study phase. Environmental Review Installing redundancy of an pipeline with the same capacity as the existing facility is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. Financial Review The Project study cost will fall between $50,000 and $85,000. A $70,000 initial budget should be sufficient to conduct a study. Funds from completed capital projects are available for use to procure the proposed planning study of alternatives. A future redundant forcemain project has been programmed as part of the master plan in about 2 to 3 years. District staff propose to accelerate this work in order to possibly seek Federal Stimulus Infrastructure funding. In order to request funding, the project must be developed sufficiently to understand project costs and sufficiently developed to complete construction by 2026. This study will provide information for making decisions and potentially moving a project forward. The project 326- 19th Street Forcemain Replacement is completed and has an available balance of $102,084. Staff is recommending the Board of Directors approve appropriations of $70,000 from the 326, 19th Street Forcemain Replacement Project, to the new 341 Elden Forcemain Redundancy Project. Project Account No.Available Balance Increase/(Decrease)Ending Balance 326 - 19th Street Forcemain 20-201326- 4300 $102,084 ($70,000)$32,084 341- Elden Forcemain Redundancy 20-201341- 4300 $0 $70,000 $70,000 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 28, 2022 Board of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer the matter back to Direct District staff for consideration of project alternatives and return to a future Board meeting. File Attachments 2022 02 341 Elden FM New Project Presentation.pdf (69,747 KB) 2022 02 341 Elden FM New Project Presentation.pdf (69,747 KB) Workflow Workflow Feb 24, 2022 2:33 PM :: Submitted by Mark Esquer. Routed to Mark Esquer for approval. Feb 24, 2022 2:33 PM :: Approved by Mark Esquer. Routed to Kaitlin Tran for approval. Feb 24, 2022 3:35 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Feb 24, 2022 3:48 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Feb 24, 2022 6:41 PM :: Final approval by Noelani Middenway H. ATTORNEY'S REPORTS To: Board of Directors From: Alan Burns, District Counsel Date: January 24, 2022 Subject: Consider Adopting Resolution No. 2022-955 Authorizing Remote Meetings Summary The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so, adopt a resolution making findings. Recommendation That the Board of Directors Adopt Resolution No. 2022-955 Authorizing Remote Meetings. Analysis The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4, 2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and the public has a right to comment on meeting items. N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior Executive Order until Sep 30, 2021, at which time it expires. AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet-based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be required in advance of the meeting. If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30 days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend social distancing. Legal Review District Counsel has prepared this staff report and Resolution No. 2022-955. Subject 1. Consider Adopting Resolution No. 2022-955 Authorizing Remote Meetings Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Action Recommended Action That the Board of Directors adopt Resolution No. 2022-955 Authorizing Remote Meetings Goals 6.0 Administrative Management Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities." Financial Review There are no financial impacts to the District for adopting Resolution No. 2022-955. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2022 regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Do not adopt Resolution No. 2022-955 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all Executive Orders related to the Brown Act are expired after that date), 2. Do not adopt Resolution No. 2022-955 and direct staff to report back with more information. File Attachments resolution_2022-955_remote meeting extension.pdf (116 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 Ooten) Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type 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, 2022 - Board of Directors Regular Meeting Type 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, 2022 - Board of Directors Regular Meeting Type 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, 2022 - Board of Directors Regular Meeting Type 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) - (Vice President Scheafer) Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type 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, 2022 - Board of Directors Regular Meeting Type L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Discussion M. ADJOURN TO CLOSED SESSION Subject 1. Performance evaluation (Gov. Code §54957) Title: General Manager Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type M. ADJOURN TO CLOSED SESSION Subject 2. Conference with labor negotiator (Gov. Code §54957.6) Agency Designated Representative: President Ooten Unrepresented party: General Manager Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type N. RECONVENE TO OPEN SESSION Subject 1. Announce any reportable action taken Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type O. CLOSING ITEMS The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday, March 28, 2022 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 1. Adjourn Meeting Feb 28, 2022 - Board of Directors Regular Meeting Type Procedural