Loading...
Minutes - Board - 2021-07-26COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING JULY 26, 2021 Note: This meeting was conducted utilizing teleconferencing pursuant to Government code Section 54952.2 and the Governor's Executive Orders in effect waiving some of the requirements of that Section. Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Alan Burns (District Counsel), Marc Davis (District Treasurer), Mark Esquer (District Engineer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager) Others present Jim Mosher (District resident) Joe Jenkins (EEC Environmental) Meeting called to order at 4:31 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Ooten President Ooten called the meeting to order at 4:31 P.M. Procedural: 2. Pledge of Allegiance - President Ooten COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 President Ooten led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Scheafer Vice President Scheafer led the Invocation. Procedural: 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.) District Clerk and Public Information Officer, Noelani Middenway, conducted roll call and noted that President Ooten, Vice President Scheafer, Secretary Schafer, Director Perry, and Director Eckles were present. Procedural: S. 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. None at this time. Procedural: 6. Ceremonial Matters and Presentations. None at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. District resident, Jim Mosher, inquired about the District's audio visual (AV) upgrades for the District Boardroom. General Manager, Scott Carroll, stated that the August Study Session is anticipated to be the first hybrid meeting. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 President Ooten confirmed that attendees will still be able to join the meeting via Zoom. Hearing no additional comments, he closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of June 8, 2021 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of June 28, 2021 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 4. Approve Payroll Transparency Disclosure for June 2021 Recommendation: That the Board of Directors approve and file the report. Action (Consent), Minutes: S. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Adopt Warrant Resolution No. CMSD 2022-01 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2022-01 approving District warrants for the Month of June in the amount of $821,755.08. Action (Consent): 7. Accept the occupancy count as presented as 23,036 and direct staff to prepare a warrant to CR&R Environmental Services for $238,733.59 for June 2021 collection COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $238,733.59 for June 2021 recycling and disposal services to be ratified in the July 2021 warrant register. Action (Consent): 8. Receive and File the June 2021 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 9. Receive and File the June 2021 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 10. Approve the preparation of a warrant to CR Transfer in the amount of $232,800.06 for June 2021 recycling and disposal services in the July 2021 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $232,800.06 for June 2021 recycling and disposal services to be ratified in the July 2021 warrant register. Action (Consent): 11. Receive and File the June 2021 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER'S REPORTS Action, Receive and File: 1. Receive and File CMSD's Fats Oil Grease (FOG) Annual Assessment COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26,2021 Recommendation: That the Board of Directors receives a presentation from Joe Jenkins, of EEC Environmental, regarding the District's FOG Control Program and provide input to staff. Mr. Carroll presented the item and introduced Joe Jenkins of EEC Environmental. Mr. Jenkins discussed the FOG program activities performed by EEC. He stated that EEC is mainly responsible for conducting risk -based food service establishment (FSE) inspections and prioritizations with the intent of focusing their resources on FSEs with the highest risk of discharging excessive FOG into the sewer system. He added that EEC provides FOG Control Program education and outreach materials. He stated that, for FSEs that are noncompliant, EEC will perform escalated enforcement coordination activities which consist of notification letters or public hearings. He discussed EEC's FSE data management program, which tracks inspections and FOG permits. He added that EEC will provide plan review for new FSEs. He stated that EEC also helps the District with FOG source characterization and enhanced maintenance locations (EML). He reviewed EEC's FSE inventory management program. He noted that, due to the COVID- 19 pandemic, the number of FSEs decreased from Fiscal Years 2019-20 to 2020-21. He added that there was a small decrease in the amount of FSEs with grease interceptors. He reviewed the initial inspection criteria for FSEs. He stated that FSEs will be inspected on a quarterly, semi-annual, annual, or bi-annual basis. He noted that FSEs inspected on a bi-annual basis do not have high risk cooking equipment, are not located near a hotspot location, and have a high compliance rate. He discussed EEC's process for modifying inspection frequencies. He shared two cases regarding a major breakfast chain and a small shopping center. He reviewed EMLs and noted that the District currently has 18 EMLs. He discussed FOG program trends and highlighted that the District has not had a FOG related public sanitary sewer overflow (SSO) since 2013. He shared a few FOG program recommendations. Secretary Schafer inquired about EEC's methods for ensuring compliance. Mr. Jenkins stated that EEC will issue notices of noncompliance, which typically gives FSEs about seven days to comply. He added that EEC will then COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 perform a follow-up inspection to determine if compliance has been achieved. Director Perry inquired about EEC's Annual Inspection Assessment Report and the location of Taqueria El Zamorano. Vice President Scheafer stated that it is located on Habor Boulevard and Baker Street. Discussion followed regarding the location of Taqueria El Zamorano. Director Perry stated that he was pleased to hear that The Camp, The Lab, and the major breakfast chain, Denny's Restaurant, were performing better. Mr. Jenkins stated that those critical locations will continue to receive inspections and enforcement measures from EEC. Vice President Scheafer asked if The Camp and The Lab's wastewater system flows south towards South Coast Plaza. Mr. Jenkins stated that most of their wastewater flows toward Bristol Street, which then flows south to Randolph Avenue and Baker Street. He added that the wastewater from South Coast Plaza flows into an Orange County Sanitation District (OCSD) main line. Vice President Scheafer stated that the biggest grease situation is currently occurring at the Orange County Fairgrounds. He inquired about the FOG related measures for that area. Mr. Jenkins stated that EEC does not perform inspections while the OC Fair is occurring. He added that the OC Fairgrounds has small grease traps and interceptors for permanent dishwashing areas. He noted that EEC can prioritize that area for inspections after the OC Fair has concluded. He recommended scheduling a cleaning for that location's main sewer line. He stated that the OC Fairgrounds is not a hotspot location for FOG issues. Vice President Scheafer stated that the OC Fairgrounds is state-controlled land and that he is unsure of the District's jurisdiction regarding that area. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 President Ooten thanked Mr. Jenkins for his presentation. There was no further discussion, and the report was received. Action: 2. Consider Approving sending Steve Cano, Wastewater Superintendent and Joel Ortiz, Wastewater Maintenance Worker III to the 36th Annual Tri-State Seminar in Las Vegas, Nevada Recommendation: That the Board of Directors approve sending Steve Cano, Wastewater Superintendent and Joel Ortiz, Wastewater Maintenance Worker III to the 36th Annual Tri-State Seminar in Las Vegas, Nevada on August 9-12, 2021. President Ooten introduced the item. Secretary Schafer asked if District staff will be presenting a report to the Board after the conference. President Ooten recommended for District staff to submit a written report about the conference. Director Perry stated that last year Mr. Cano presented an oral report to the Board after attending the conference. President Ooten suggested for Mr. Cano to present an oral report at a Study Session. Director Eckles inquired if the cost of the conference is a normal budgetary expense. Mr. Carroll stated that the item is on the agenda because it requires out-of- state travel. He noted that out-of-state travel requires Board approval. Vice President Scheafer instructed District staff to follow COVID-19 protocols for health and safety. Mr. Carroll shared that the conference is only accepting vaccinated individuals. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 Motion: To approve sending Steve Cano, Wastewater Superintendent, and Joel Ortiz, Wastewater Maintenance Worker III, to the 36th Annual Tri-State Seminar in Las Vegas, Nevada on August 9-12, 2021, and to receive a written or oral report on the seminar from staff. Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. Action, Receive and File: 3. Receive and File 2021 Annual Performance Measurement Report — Second Quarter Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. Mr. Carroll provided a brief overview of the report. He shared that, within the first six months of 2021, the District has not experienced any SSOs. He added that the District has increased its public messaging and outreach efforts via their social media platforms. Vice President Scheafer inquired about the Code Enforcement performance measurement of 68% for Calendar Year 2020. Mr. Carroll explained that the measurement of 68% reflects the amount of code enforcement cases that were closed within 15 working days. Vice President Scheafer inquired about whether the COVID-19 pandemic affected this measurement. Mr. Carroll stated that it was due to staffing and procedural issues. He noted that District staff members were not closing work orders as soon as they were completed. There was no further discussion, and the report was received. Action, Receive and File: 4. Receive and File Fourth Quarter Budget Review for FY2020-21 COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26,2021 Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item and thanked Finance Manager, Kaitlin Tran, for a very thorough report. He expressed recognition for District staff s performance within the Solid Waste Fund. Ms. Tran provided a brief overview of the staff report. She stated that the report is a summary of District revenue and expenditures through June 30, 2021. She noted that the Fiscal Year numbers will not be finalized until the annual audit is completed. She added that there are many accounts that are over and under budget. She stated that the accounts are analyzed in the staff report. She discussed the expenditure budget and reported that, as of June 30, 2021, 95% of the Solid Waste budget and 86% of the Wastewater budget has been expended. She discussed revenue and reported that the Solid Waste and Wastewater budgets did not meet the anticipated adopted revenue amounts. She stated that, as of June 30, 2021, the District has received 95% of the Solid Waste and 99% of the Wastewater revenue. She referenced the attached staff report for more budgetary details. There was no further discussion, and the report was received. Action, Receive and File: S. Receive and File 2020-25 Strategic Plan Quarterly Update - FY 2020-214th Quarter Recommendation: That the Board of Directors receive and file this report. Mr. Carroll introduced the item and presented a brief overview of the 2020- 25 Strategic Plan quarterly report. He reported that the District is doing a phenomenal job in achieving its goals. Secretary Schafer and President Ooten expressed recognition for District staff s performance. Director Eckles inquired about the performance measurement for plan checks. Mr. Carroll shared that he recently discussed this measurement with the District Engineer and Acting Permit Technician to assess the plan check process more accurately. He noted that the measurement will be updated for COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 the next quarterly report. He added that the plan check process relies heavily on the applicant and how quickly they submit items for review. Vice President Scheafer discussed Human Resources Management Item 7.8 of the staff report. He reported that the Special Districts Risk Management Authority (SDRMA) is starting to conduct onsite visits. He noted that the District will be one of the first locations to be visited. There was no further discussion, and the report was received. Action: 6. Adopt Resolution No. 2021-944 Approving New Start Time for Monthly Study Session Meetings Recommendation: That the Board of Directors consider adopting Resolution No. 2021-944 approving new start time for monthly study session meetings. President Ooten introduced the item. Mr. Carroll stated that this item has been discussed at two previous Board meetings and that the Board has directed District staff to present a resolution to change the Study Session start time from 9:30 a.m. to 8:00 a.m. He noted that the August Study Session will begin at 8:00 a.m. if this resolution is adopted. Motion: To adopt Resolution No. 2021-944 approving the new start time of 8:00 a.m. for monthly Study Session meetings. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. F. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File the Capital Improvement Projects Status Report Recommendation: That the Board of Directors receive and file the report. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 ......_.__.-_--- President Ooten exited the meeting at 5:12 p.m. and relinquished meeting control to Vice President Scheafer. District Engineer, Mark Esquer, presented report details and reported that President Pump Station is scheduled to be completed in September. He shared that the contractor of the project has opened the park entrance for the local community. He noted that there will be occasions when the entrance will need to be temporarily closed. He discussed the Iowa Force Main installation and reported that the entire project will be completed next week. He stated that the District is still waiting to issue the project bids for the Aviemore and Westbluff Pump Stations. Vice President Scheafer inquired if Mr. Esquer has noticed an increase in material or construction costs. Mr. Esquer stated that he cannot determine which costs are higher, since project proposals are not broken down by labor and materials. He confirmed that costs for project materials have been increasing due to low supply. Director Eckles commented that the costs for project materials and equipment are continuously increasing. He recommended for the District to wait a few more months before issuing project bids. Mr. Esquer stated that he will confer with the District's consultant and General Manager to determine when to bid projects. There was no discussion, and the report was received. G. TREASURER'S REPORTS Action: 1. Approve the Investment Report for the Month of June 2021 Recommendation: That the Board of Directors approve the Investment Report for the month of June 2021. District Treasurer, Marc Davis, presented report details. He reported that the financial market continues to perform well with volatile swings throughout each day. He reviewed the current treasury rate and the District's COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 investment portfolio. He stated that two investments were called in June 2021 and replaced with three other investments. Motion: To approve the Investment Report for the month of June 2021. Motion by Arlene Schafer, second by Art Perry. Final Resolution: Motion Carries 4-0 Aye: Arlene Schafer, Art Perry, Brett Eckles, Mike Scheafer Not Present: Bob Ooten There was no further discussion. H. ATTORNEYS REPORTS District Counsel, Alan Burns, shared that the City of Anaheim has not received a follow-up response from the California River Watch. There was no further discussion. 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 Ooten) Director Perry stated that he will be attending an OCSD meeting this Wednesday on behalf of President Ooten in his absence. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry stated that SARFPA cancelled their meeting for July 2021. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 Secretary Schafer stated that ISDOC's general meeting is this upcoming Thursday, July 29, 2021. She shared that the guest speakers are the Deputy Director of the Great Park for Planning and Development and the Director of the Placentia Library. She noted that former Senator Dick Ackerman will be attending the meeting. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer announced that Jo Mackenzie won her race for Seat A. She shared that all CSDA incumbents were reelected to their positions. She discussed the CSDA Annual Conference, which begins August 30, 2021. She shared that CSDA will be receiving $100 million from the State legislature. S. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Scheafer stated that SDRMA's Board meeting is in August 2021. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Secretary Schafer attended the recent Water Advisory Committee of Orange County (WACO) meeting, which included discussion about California's drought. There was no further discussion. J. OLD BUSINESS None at this time. K. NEW BUSINESS None at this time. L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 26, 2021 Discussion: 1. Oral Communications and Director Comments There was no further discussion. M. ADJOURN TO CLOSED SESSION No closed session. N. RECONVENE TO OPEN SESSION AND REPORT OF ACTION TAKEN No closed session. O. CLOSING ITEMS Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District Board of Directors will be held on Monday, August 23, 2021. Vice President Scheafer adjourned the meeting in honor of former councilmember and Midway Sanitary District Director, Margie Rice, who passed away this past weekend. He adjourned the meeting at S:33 P.M. 1 � k Arlene Schafer Secretary ram% Bob Oo en President