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2024_04_22_boardMonday, April 22, 2024 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** 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 - 850 1825 3471 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 850 1825 3471# 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 1. Call to Order - President Scheafer 2. Pledge of Allegiance - President Scheafer 3. Invocation - Vice President Schafer 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.) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/3 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. 6. Ceremonial Matters and Presentations B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. 1. Public Comments C. ADJOURN TO CLOSED SESSION 1. Closed Session: Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) and Paragraph (4) of subdivision (e) of Section 54956.9 (1 case) D. RECONVENE TO OPEN SESSION 1. Report out any announcements required by law 2. Motion to Reconsider/Renew Consideration of Karen Millard’s Claim E. PUBLIC HEARINGS F. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of March 12, 2024 3. Approve the Board of Directors Regular Meeting Minutes of March 25, 2024 4. Approve the Preparation of a Warrant to CR Transfer for $202,227.98 in the April 2024 Warrant Register for March 2024 Recycling and Disposal Services 5. Approve the Directors' Compensation and Reimbursement of Expenses 6. Receive and File March 2024 Organics Tonnage Report 7. Receive and File March 2024 Solid Waste Diversion Report 8. Approve Payroll Transparency Disclosure for March 2024 9. Adopt Warrant Resolution No. CMSD 2024-10 Approving District Warrant Registers 10. Approve the Occupancy Count of 23,113 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for $258,551.26 for March 2024 Solid Waste Collection Services 11. Receive and File March 2024 Contracts Signed by the General Manager G. GENERAL MANAGER'S REPORTS 1. Receive and File Final Solid Waste Rate Study and Rate Recommendation 2. Consider Approving Start Date for Implementing Curbside Recycling Program for SB 1383 Compliance 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/3 3. Receive and File 2024 Performance Report - 1st Quarter (January-March) Calendar Year 4. Receive and File 2020-25 Strategic Plan Progress Report - Fiscal Year 2023-24 Third Quarter 5. Consider Approving Contribution Application for Costa Mesa-Newport Harbor Fish Fry 6. Consider Approving Contribution Program Application for the City of Costa Mesa's Independence Day Celebration 7. Consider Rescheduling May 28, 2024 Board of Directors Meeting H. ENGINEER'S REPORTS 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status 2. Project No. 324 Sewer Rehabilitation Phase 4 Project: Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond 3. Project No. 342 HQ Landscape Renovation: Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond I. TREASURER'S REPORTS J. ATTORNEY'S REPORTS K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request  of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030.  For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. 1. Orange County Sanitation District (OCSD) - (Vice Secretary Ooten) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Secretary Perry) 3. Independent Special Districts of Orange County (ISDOC) - (Vice President Schafer) 4. California Special Districts Association (CSDA) - (Vice President Schafer) 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 L. OLD BUSINESS M. NEW BUSINESS N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments O. CLOSING ITEMS 1. Adjourn 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/3 Monday, April 22, 2024 Board of Directors Regular Meeting Time: 4:30 p.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** 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 - 850 1825 3471 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 850 1825 3471# 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 Scheafer Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/57 A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Scheafer Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/57 A. OPENING ITEMS Subject 3. Invocation - Vice President Schafer Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/57 A. OPENING ITEMS Michael Scheafer, President Arlene Schafer, Vice President Arthur Perry, Secretary Robert Ooten, Vice Secretary 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 Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/57 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 Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/57 A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/57 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 Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/57 C. ADJOURN TO CLOSED SESSION Facts: Karen Millard appeared in the public Board meeting held on March 25, 2024, and threatened a civil action, including a class action, against the District if her refund was not granted in its entirety despite any statute of limitations that exists. Subject 1. Closed Session: Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) and Paragraph (4) of subdivision (e) of Section 54956.9 (1 case) Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/57 D. RECONVENE TO OPEN SESSION Subject 1. Report out any announcements required by law Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/57 D. RECONVENE TO OPEN SESSION If the Board determines to consider further Millard’s claim for a refund, the Board should make a motion to reconsider/renew consideration of the claim as it has previously been before the Board and the refund was not approved by a 2-2-1 vote. Subject 2. Motion to Reconsider/Renew Consideration of Karen Millard’s Claim Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action Recommended Action Motion to Reconsider/Renew Consideration of Karen Millard’s Claim 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/57 F. 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 Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Consent Calendar as presented. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/57 F. 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: April 22, 2024 Subject: Approve the Board of Directors Study Session Minutes of March 12, 2024 Summary The recorded minutes of the March 12, 2024 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 March 12, 2024. 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 April 22, 2024 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 March 12, 2024 Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Mar 12, 2024 - Board of Directors Study Session 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/57 2. Direct staff to report back with more information. File Attachments minutes_2024_03_12_ss.pdf (81 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/57 F. 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: April 22, 2024 Subject: Approve the Board of Directors Regular Meeting Minutes of March 25, 2024 Summary The recorded minutes of the March 25, 2024 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 March 25, 2024. 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 April 22, 2024 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 March 25, 2024 Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Mar 25, 2024 - Board of Directors Regular Meeting 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/57 2. Direct staff to report back with more information. File Attachments minutes_2024_03_25_rm.pdf (133 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/57 F. 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: Marissa Pereyda, Management Analyst II Date: April 22, 2024 Subject: Approve the preparation of a warrant to CR Transfer for $202,227.98 in the April 2024 warrant register for March 2024 recycling and disposal services Summary The District pays CR Transfer monthly for the sorting of recyclables from mixed waste and landfill disposal of the remaining waste. With the implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diversion of organic waste to an anaerobic digestion facility to be recycled into renewable natural gas to fuel the solid waste collection trucks or into compost. Recommendation That the Board of Directors approve the preparation of a warrant to CR Transfer for $202,227.98 in the April 2024 warrant register for March 2024 recycling and disposal services. Analysis The following chart outlines the total tonnage and payments due for residential and organic waste collection in Costa Mesa and Newport Beach during March 2024. The tonnage rates approved by the Board of Directors on August 21, 2023, effective July 1, 2023, is $59.35 per ton for mixed waste recycling and disposal and $81.66 per ton for organics recycling. Type of Waste Invoice No.Tonnage Rate Amount Billed Residential Waste - Newport Beach 45470 76.53 $59.35 $4,542.06* Residential Waste - Costa Mesa 45469 2,233.59 $59.35 $132,563.70* Total Residential Waste $137,105.76 Organics Recycling 45502 797.48 $81.66 $65,122.22* Total Organics $65,122.22 Grand Total $202,227.98 *Due to weight ticket calculation rounding, some invoice totals may be off by a few cents. Legal Review Not applicable. Subject 4. Approve the Preparation of a Warrant to CR Transfer for $202,227.98 in the April 2024 Warrant Register for March 2024 Recycling and Disposal Services Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the preparation of a warrant to CR Transfer for $202,227.98 in the April 2024 warrant register for March 2024 recycling and disposal services. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/57 Environmental Review Consideration of the CR Transfer warrant is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6 "Projects" does not include... C. Continuing administrative or maintenance activities. Financial Review Sufficient funds are available in the adopted FY 2023-24 budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 22, 2024, Board of Directors Meeting held at 290 Paularino Avenue 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#17/57 F. 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/Public Information Officer Date: April 22, 2024 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 April 22, 2024 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the compensation and reimbursement of expenses as presented. 2. Direct staff to report back with more information. File Attachments Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as presented. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#18/57 board_comp.pdf (525 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#19/57 F. 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: Marissa Pereyda, Management Analyst II Date: April 22, 2024 Subject: Receive and File March 2024 Organics Tonnage Report Summary In March 2024, CR&R collected 797.48 tons of organic waste and recycled 760.76 tons of organic waste. Recommendation That the Board of Directors receive and file this report. Analysis The chart below outlines the total organic waste tonnage collected from the organics program and the tons recycled and landfilled. A graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years is attached to this report. Fiscal Year 2023-24 Organics Month Recycled Landfilled Total Collected July 748.19 36.11 784.30 August 1003.96 48.46 1052.42 September 849.10 40.98 890.08 October 687.75 33.20 720.95 November 705.95 34.07 740.02 December 633.52 30.58 664.10 January 682.03 32.92 714.95 February 642.96 31.03 673.99 March 760.76 36.72 797.48 April May June Legal Review Not applicable. Subject 6. Receive and File March 2024 Organics Tonnage Report Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#20/57 Environmental Review Consideration of the Organics Tonnage Report 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 with the complete agenda packet for the April 22, 2024, Board of Directors Regular Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments Organics_Tonnage_March_2024.pdf (403 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#21/57 F. 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: Marissa Pereyda, Management Analyst II Date: April 22, 2024 Subject: Receive and File March 2024 Solid Waste Diversion Report Summary In March 2024, CR&R collected 3,107.61 tons of solid waste and recycled 1,918.55 tons of solid waste. Recommendation That the Board of Directors receive and file this report. Analysis For the current fiscal year to date, the District's diversion rate is 61.21%. A tonnage summary for the past nineteen fiscal years is attached to this report. Legal Review Not applicable. Environmental Review Consideration of the Solid Waste Diversion Report 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 with the complete agenda packet for the April 22, 2024, Board of Directors meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments Subject 7. Receive and File March 2024 Solid Waste Diversion Report Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#22/57 Tonnage_Summary_March_2024.pdf (524 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#23/57 F. 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: Sean Phan, Associate Accountant Date: April 22, 2024 Subject: Approve Payroll Transparency Disclosure for March 2024 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 April 22, 2024 Board of Directors Regular meeting at District Headquarters and posted on the District's website www.cmsdca.gov. Alternative Actions Subject 8. Approve Payroll Transparency Disclosure for March 2024 Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Fiscal Impact Yes Budgeted Yes Recommended Action That the Board of Directors approve and file the report. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#24/57 Refer item back to staff with further instructions. File Attachments Payroll Transparency Disclosure March 2024.pdf (252 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#25/57 F. 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: Sean Phan, Associate Accountant Date: April 22, 2024 Subject: Adopt Warrant Resolution No. CMSD 2024-10 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 adopt Warrant Resolution No. CMSD 2024-10 approving District warrants for the month of March in the amount of $902,785.89. 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. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 22, 2024 Board of Directors Regular meeting at District Headquarters and posted on the District's website www.cmsdca.gov. Subject 9. Adopt Warrant Resolution No. CMSD 2024-10 Approving District Warrant Registers Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2024-10 approving District warrants for the month of March in the amount of $902,785.89. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#26/57 Alternative Actions Refer item back to staff with further instructions. File Attachments WARRANT RESO 2024-10.pdf (264 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#27/57 F. 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: Marissa Pereyda, Management Analyst II Date: April 22, 2024 Subject: Approve the Occupancy Count of 23,113 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for $258,551.26 in the April 2024 Warrant Register for March 2024 Solid Waste Collection Services. Summary The District's monthly payment to CR&R Environmental Services (CR&R) for solid waste collection services is calculated by multiplying the set occupancy rate by the occupancy count, approved each month by the Board of Directors. The current occupancy rate is $11.1864 and the March 2024 occupancy count presented to the Board of Directors is 23,113, for a total payment of $258,551.26. Recommendation That the Board of Directors: 1. Approve the Occupancy Count of 23,113; and 2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,551.26 in the April 2024 warrant register for March 2024 solid waste collection services. Analysis The occupancy count is the number of active units in the District's jurisdiction receiving solid waste collection services. The occupancy rate approved by the Board of Directors on August 21, 2023, effective July 1, 2023, is $11.1864. The District pays CR&R $11.1864 per occupant, per month for solid waste collection services. The occupancy count is increased or decreased monthly for new residential developments and demolitions. As of March 31, 2024, the District's occupancy count was 23,113 with five (5) new accounts added since the last billing period. The occupancy count approved by the Board of Directors for February 2024 was 23,108. The District's payment to CR&R is calculated by multiplying the occupancy count by the occupancy rate. The payment calculation for March 2024 is included below. Occupancy Count X Occupancy Rate = Payment to CR&R 23,113 $11.1864 $258,551.26 Subject 10. Approve the Occupancy Count of 23,113 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for $258,551.26 for March 2024 Solid Waste Collection Services Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors: 1. Approve the occupancy count of 23,113: and 2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,551.26 in the April 2024 warrant register for March 2024 solid waste collection services. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#28/57 District staff will continue to track the number of new and removed service addresses. Legal Review Not applicable. Environmental Review Consideration of the occupancy count 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 in 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 administration or maintenance activities. Financial Review Sufficient funds are available in the adopted FY 2023-24 budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 22, 2024, Board of Directors Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments Occupancy_Report_March_2024.pdf (90 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#29/57 F. 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: April 22, 2024 Subject: Receive and File March 2024 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 March 2024. Recommendation That the Board of Directors receive and file this report. Analysis The following contracts/agreements were signed by the general manager in March 2024. Contracts/Agreements 1. Torres Sanitation Systems Construction – Project #351, Adams Avenue #138303 Sewer Grade 5 Urgent Repair. Contract Sum: $95,500 2. Xpress Bill Pay – Web-based online bill payment system that will be utilized alongside Springbrook Cloud to streamline processes. Setup & Configuration Contract Sum: $1,500 Purchase Orders 1. CLEANation – Commercial Janitorial Services at HQ and the Yard. Cost: HQ - $480/month, DY- $260/month 2. National Association of Sewer Service Companies (NASSCO) – Pipeline Assessment Certification Program (PACP), Lateral Assessment Certification Program (LACP), and Manhole Assessment Certification Program (MACP) Recertification for Acting Wastewater Maintenance Supervisor. Cost: $675 3. Robotic Sewer Solutions, Inc. – Project #352 - Install 20” fiberglass sectional liner at Iowa St. Cost: $4,500 4. Bravo Sign & Design – Design, fabrication, and installation for CMSD logo sign on HQ building (sign will be facing Redhill Avenue). Cost: $10,593.25 5. Midway Manufacturing & Machine – Manufacturing protection barrier for skylight cover assembly at Rob Hamers Yard. Cost: $7,327 Legal Review Subject 11. Receive and File March 2024 Contracts Signed by the General Manager Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent) Goals 6.0 Administrative Management 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#30/57 Not applicable 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 to perform the contract services mentioned above Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024 Board of Directors regular meeting at District Headquarters and on District website at . www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information. 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#31/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: April 22, 2024 Subject: Receive and File Final Solid Waste Rate Study and Rate Recommendation Summary In January 2024, Costa Mesa Sanitary District (District) retained NBS Government Finance Group (NBS) to conduct a solid waste rate study. The purpose of the rate study is to evaluate the District's current solid waste rates and projected annual revenues and expenditures, including anticipated expenses related to compliance with Senate Bill (SB) 1383 and the associated transition to the three-cart system in the fall of 2024, in order to determine the District's revenue requirements and a fair and equitable flat rate. The rate evaluation should ensure that rates annually contribute enough to meet the minimum solid waste operating and maintenance reserve balance. NBS worked cooperatively with District staff to develop and evaluate rate alternatives and study results. Recommendation That the Board of Directors: 1. Receive and File the Final Solid Waste Rate Study by NBS Finance Group; and 2. Accept the rate recommendation identified in the study; and 3. Direct staff to send notices to property owners receiving solid waste services regarding a public hearing to consider proposed maximum rates for solid waste services, pursuant to the requirements of Proposition 218; and 4. Set a Proposition 218 Public Hearing for Monday, June 24, 2024, at 4:30 p.m. at District Headquarters to consider adopting new solid waste rates. Analysis NBS worked cooperatively with District staff to develop and evaluate rate alternatives and study results and presented a preliminary solid waste rate study at the March 12, 2024, Board Study Session. The Citizens Advisory Committee reviewed the preliminary report at the March 13, 2024 meeting and provided recommendations to staff. Following these meetings, CR&R Environmental Services (CR&R) informed District staff that the previously provided occupancy rate ($11.7457) was incorrect and provided a new occupancy rate ($17.36). Based on the analysis and review of the increased occupancy expenses for FY 2024/25, NBS and District staff presented a revised Draft Rate Study and recommended rates at the April 9, 2024, Board of Directors Study Session. At the April 9, 2024, Study Session, the Board requested that staff provide additional information at a Special Board of Directors Meeting scheduled for Tuesday, April 16, 2024. At the Special Meeting, District staff presented additional information to the Board, and Jeremy Tamargo with NBS and Julie Barreda with CR&R were available to answer the Board's questions. Staff is now recommending that the Board of Directors receive and file the Final Solid Waste Rate Study and accept the rate recommendation below. Recommended Rate Adjustment Subject 1. Receive and File Final Solid Waste Rate Study and Rate Recommendation Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action (Consent), Receive and File Recommended Action That the Board of Directors 1. Receive and File the Final Solid Waste Rate Study by NBS Finance Group; and 2. Accept the rate recommendation identified in the study; and 3. Direct staff to send notices to property owners receiving solid waste services regarding a public hearing to consider proposed maximum rates for solid waste services, pursuant to the requirements of Proposition 218; and 4. Set a Proposition 218 Public Hearing for Monday, June 24, 2024, at 4:30 p.m. at District Headquarters to consider adopting new solid waste rates. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#32/57 Based on the revised analysis conducted by NBS in partnership with District staff, the recommended rate adjustments are 17.00% (FY 2024/25), 9.00% (FY 2025/26), 7.00% (FY 2026/27), 7.00% (FY 2027/28), and 5.00% (FY 2028/29) in annual net revenue increases, with a cumulative increase of 53.30% over five years to the District's net revenue requirements. These annual revenue increases equate to the annual rate increases outlined below. These proposed rates reflect the minimum revenue adjustments needed to keep pace with projected expenses and to maintain the minimum recommended reserve targets for the solid waste fund. The rate increases outlined below set the maximum rate increase allowed annually. The District should monitor the new rates to ensure that the revenue generated is sufficient to meet the annual revenue requirements. At the same time, if the revenue generated exceeds projections and a rate increase of the proposed rate adjustment is not necessary, the Board can approve a lesser rate increase. Service Type Current Rates Proposed Rates FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Annual Rate Increases 16.80%9.00%7.00%7.00%5.00% Annual Rates Flat Rate $ 289.20 $ 337.68 $ 368.07 $ 393.84 $ 421.40 $ 442.47 Monthly Rates Flat Rate $ 24.10 $ 28.14 $ 30.67 $ 32.82 $ 35.12 $ 36.87 Legal Review District Counsel has reviewed this report. Environmental Review Consideration of the Final Solid Waste Rate Study and rate recommendation 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 administration or maintenance activities. Financial Review The preferred solid waste rate adjustment for the next five fiscal years is 17% (FY 2024/25), 9% (FY 2025/26), 7% (2026/27), 7% (FY 2027/28), and 5% (FY 2028/29) in annual net revenue increases, with a cumulative increase of 53.3% over five years to the District's net revenue requirements. If the proposed rate increases are not implemented, the District would have a projected solid waste fund deficit of approximately $3.5 million in FY 2028/29. Based on projected increases in operating expenses, the District's minimum solid waste operating and maintenance reserve target (30%) will increase to approximately $3.3 million in FY 2028/29. With the proposed rate increase, the District's solid waste operating and maintenance reserve would be approximately $3.49 million in FY 2028/29. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 22 2024, Board of Directors Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments Solid_Waste_Rate _Study_Report_2024_04_22_FINAL.pdf (988 KB) Solid_Waste_Rate_Study_Board_Presentation_2024_04_22_FINAL.pdf (2,166 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. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#33/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 22, 2024 Subject: Consider Approving Start Date for Implementing Curbside Recycling Program for SB 1383 Compliance Summary On April 9, 2024, the Board of Directors received a presentation from CR&R regarding their roll-out plan for implementing a curbside recycling program. The roll-out plan will consist of delivering one blue cart for discarding recycling materials such as paper, glass, aluminum, cardboard, plastic, tin, etc. and removing one mixed waste cart for every residential customer. Recommendation That the Board give staff direction to implement the Curbside Recycling Program on October 7 or November 7, 2024 Analysis The roll-out plan will take approximately twelve weeks to complete. If the plan begins on November 7, the delivering/removing of carts will end at the beginning of February as the plan will temporary cease from January 1-16 while CR&R performs its Christmas tree recycling program. If the plan begins on October 7, the exchange of carts would end on December 31. The last of four town hall meetings will occur on October 5. Legal Review Not applicable. Environmental Review Considering a start date for exchanging curbside carts is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District's CEQA Guidelines. The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of Directors specifically considers each of the items since that is when the full scope of work of each effort or project will be described. Financial Review There are no financial impacts for the District if the roll-out plan begins on October 7 or November 7, 2024. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024, Board of Directors regular meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov. Alternative Actions Direct staff to report back with more information. Subject 2. Consider Approving Start Date for Implementing Curbside Recycling Program for SB 1383 Compliance Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board give staff direction to implement the Curbside Recycling Program on October 7 or November 7, 2024 Goals 2.0 Solid Waste 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#34/57 G. GENERAL MANAGER'S REPORTS To: Board of Director From: Scott Carroll, General Manager Date: April 22, 2024 Subject: Receive and File 2024 Performance Report - 1st Quarter (January-March) Calendar Year Summary On November 29, 2018, the Board of Directors adopted Administrative Regulations No. 70.00, Performance Measurement Program, which established methods and procedures for gathering and analyzing organizational performance while at the same time collaborating towards continuous improvement of performance in an open and transparent manner. Recommendation That the Board of Directors receive and file this report Analysis A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency, effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is to continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the public. The outcome data reflected in the attached report is for three months (January to March 2024). Legal Review Not applicable Environmental Review A Performance Measurement Program is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There are no financial impacts to the District for implementing a Performance Measurement Program Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024 regular 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. File Attachments 1st Qtr 2024.pdf (796 KB) Subject 3. Receive and File 2024 Performance Report - 1st Quarter (January-March) Calendar Year Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 6.0 Administrative Management 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#35/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 22, 2024 Subject: Receive and File 2020-25 Strategic Plan Progress Report - Fiscal Year 2023-24 Third Quarter Summary On June 22, 2020, the Board of Directors adopted the 2020-2025 Strategic Plan, which is a plan that establishes goals, objectives, strategies and work plans for the next five years and will help move the organization in a direction toward achieving its mission and vision. Attached is the quarterly update of the Plan that demonstrates the progress staff is making toward achieving the strategic goals. The next quarterly report from this Plan will be presented to the Board on July 22, 2024. Recommendation That the Board of Directors receive and file this report. Analysis The 2020-25 Strategic Plan is the most ambitious Plan in the history of the District. The Plan has 125 Strategic Goals to achieve and/or implement in the next five years compared to 48 strategic goals in the FY 2015-20 Strategic Plan. Legal Review Not applicable Environmental Review The District's Strategic Plan is a planning document and preparation and adoption of the plan itself is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District's CEQA Guidelines. The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of Directors specifically considers each of the items since that is when the full scope of work of each effort or project will be described Financial Review Activities described in the strategic goals are funded in the budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024 Board of Directors regular meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov Alternative Actions Subject 4. Receive and File 2020-25 Strategic Plan Progress Report - Fiscal Year 2023- 24 Third Quarter Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Discussion Goals 1.0 Sewer Infrastructure 2.0 Solid Waste 3.0 Emergency Preparedness 4.0 Partnerships 5.0 Community Outreach & Communications 6.0 Administrative Management 7.0 Human Resources Management 8.0 Finance 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#36/57 Direct staff to report back with more information. File Attachments Strategic Plan Qtly Update 2023-24 3rd Qtr.xlsx (99 KB) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#37/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 22, 2024 Subject: Consider Approving Contribution Application for Costa Mesa-Newport Harbor Fish Fry Summary On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is presenting the Board of Directors with a Contribution Program Eligibility Application submitted by the Costa Mesa Newport Harbor Lions Club for the use of three (3) District generators during the Fish Fry event on June 28-30, 2024. In exchange for this contribution, the Costa Mesa Newport Harbor Lions Club would provide the District with a standard booth at the event, as well as inclusion in the event advertising on the group's website, social media, and on the event banner. Recommendation That the Board of Directors: 1. Approve the Costa Mesa Newport Harbor Lions Club's Contribution Application requesting 3 District generators for the Fish Fry event; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Subject 5. Consider Approving Contribution Application for Costa Mesa-Newport Harbor Fish Fry Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Preferred Date Apr 22, 2024 Absolute Date Apr 22, 2024 Fiscal Impact No Recommended Action That the Board of Directors: 1. Approve the Costa Mesa-Newport Harbor Lions Club's Contribution Application requesting 3 District generators for the Fish Fry event; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Goals 5.7 Community Outreach & Communications - Provide workshops, educational events and special events 5.5 Community Outreach & Communications - Use clear messaging and education to engage the community in District programs and activities 5.2 Community Outreach & Communications - Offer sustainable promotional products 5.0 Community Outreach & Communications 4.7 Partnerships - Participate in community events to increase visibility 4.1 Partnerships - Build relationships with local agencies, small businesses, and non- profit agencies to promote sustainable practices 4.0 Partnerships 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#38/57 Analysis According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a contribution should be made: Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs). Describe how the contribution will advance the District's purpose. Regarding these criteria, the Fish Fry sponsorship may serve the purpose of increasing District visibility by providing a community booth where District staff can promote and educate the public about the importance of recycling, source separation, and wastewater collection. During each day of the event, District staff can host various educational activities, including a waste sorting game and an engaging wastewater display. These activities will promote District programs, such as the Organics Recycling Program, Household Hazardous Waste Collection Program, FOG Prevention, and the Sewer Inspection Rebate Program. Additionally, District staff will use this opportunity to educate residents about the upcoming transition to a Three-Cart curbside collection system and display the black/landfill, blue/recycling, and green/organics carts. To support these outreach efforts, CMSD will distribute sustainable giveaways and display educational materials. As stated in the attached application, the Costa Mesa Newport Harbor Lions Club will provide the following: A District booth at the event Features in event advertising, including website, social media, and banner Recycling containers at the event to encourage recycling The District provided generators for the Fish Fry event from 2016-2019. After a hiatus due to the pandemic, the District participated in the event in 2022 and 2023; however, the District's generators were not used during recent years because the Costa Mesa Newport Harbor Lions Club did not meet the District's insurance requirements. Legal Review Not applicable. Environmental Review The consideration of a contribution to a non-profit organization to be used as a vehicle for promoting the District is an administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There is no financial impact, since the application requests the use of three (3) generators rather than a monetary sponsorship. Prior to use of the generators, the Costa Mesa Newport Harbor Lions Club will be required to provide proof of insurance, per the "Generator Use Agreement Requirements and Procedures," to cover any potential damage to the generators. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 22, 2024 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Determine that no purpose exists for providing a sponsorship for the Fish Fry event. 2. Approve an alternative sponsorship, such as a lesser number of generators or a monetary sponsorship. File Attachments 2024 Fish Fry Contribution Application.pdf (480 KB) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#39/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 22, 2024 Subject: Consider Approving Contribution Program Application for the City of Costa Mesa's Independence Day Celebration Summary On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is presenting the Board of Directors with a Contribution Program Eligibility Application for the Independence Day Celebration event on Wednesday, July 3, 2024. Staff is recommending that the Board approve the minimum sponsorship level of $1,000, which includes a booth at the event and inclusion in social media advertising. Subject 6. Consider Approving Contribution Program Application for the City of Costa Mesa's Independence Day Celebration Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action, Receive and File Preferred Date Apr 22, 2024 Absolute Date Apr 22, 2024 Fiscal Impact Yes Dollar Amount $1,000.00 Budgeted Yes Budget Source 10-100100-4420 & 20-100100-4420 (Public Information/Education/Community Promotions Sponsorships) Recommended Action That the Board of Directors: 1. Approve the City of Costa Mesa's contribution application at the $1,000 "Yankee Doodle" sponsorship level for the Independence Day Celebration event; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Goals 5.7 Community Outreach & Communications - Provide workshops, educational events and special events 5.5 Community Outreach & Communications - Use clear messaging and education to engage the community in District programs and activities 5.2 Community Outreach & Communications - Offer sustainable promotional products 5.0 Community Outreach & Communications 4.7 Partnerships - Participate in community events to increase visibility 4.1 Partnerships - Build relationships with local agencies, small businesses, and non- profit agencies to promote sustainable practices 4.0 Partnerships 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#40/57 Recommendation That the Board of Directors: 1. Approve the City of Costa Mesa's contribution application at the $1,000 "Yankee Doodle" sponsorship level for the Independence Day Celebration event; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Analysis According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a contribution should be made: Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs). Describe how the contribution will advance the District's purpose. Regarding these criteria, the Independence Day Celebration sponsorship may serve the purpose of increasing District visibility by providing a community booth where District staff can promote and educate the public about the importance of recycling, source separation, and wastewater collection. District staff can host various educational activities, including a waste sorting game and an engaging wastewater display. These activities will promote District programs, such as the Organics Recycling Program, Household Hazardous Waste Collection Program, FOG Prevention, and the Sewer Inspection Rebate Program. Additionally, District staff will use this opportunity to educate residents about the upcoming transition to a 3-Cart curbside collection system and display the black/landfill, blue/recycling, and green/organics carts. To support these outreach efforts, CMSD will distribute sustainable giveaways and display educational materials. As stated in the attached Sponsorship Packet, the $2,000 "Uncle Sam" level sponsorship that the City is requesting includes the following: A 10' x 10' community booth space A social media post with CMSD's logo and CMSD tagged CMSD's logo included on stage banners Staff is recommending approval of the minimum $1,000 "Yankee Doodle" level sponsorship, which includes the following: A 10' x 10' community booth space A social media post with CMSD's logo and CMSD tagged This is the first time the District has received a Contribution Application for this event. Historically, the Board has prioritized providing sponsorships for events that allow for District staff to host a community booth. Since the minimum sponsorship of $1,000 includes a community booth and is $1,000 less than the amount requested by the City, staff is recommending approving the minimum sponsorship of $1,000 in order to reserve funds within the Fiscal Year 2024-2025 sponsorship budget. Legal Review Not applicable. Environmental Review The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There are sufficient funds in the FY 24-25 Solid Waste and Wastewater Public Info/Education/Community Promotions accounts for the recommended sponsorship of $1,000. There is a total of $7,000 budgeted in FY 24-25, with half ($3,500) in the solid waste fund and half ($3,500) in the wastewater fund. At the March Board meeting, the Board approved a $2,500 sponsorship for Costa Mesa Foundation's Concerts in the Park. With the $2,5000 sponsorship subtracted from the budget, there remains $2,250 in the solid waste fund and $2,250 in the wastewater fund. If approved, the sponsorship will be paid after July 1, 2024 (the start of FY 24-25) and the sponsorship amount will be split in half between solid waste and wastewater funds. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 22, 2024 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Determine that no purpose exists for providing a sponsorship for the Independence Day Celebration event. 2. Approve the requested sponsorship amount of $2,000. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#41/57 File Attachments Independence Day Celebration 2024 - Contribution Application.pdf (625 KB) Independence Day Celebration 2024 - Sponsor Packet.pdf (11,225 KB) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#42/57 G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: April 22, 2024 Subject: Consider Rescheduling May 28, 2024 Board of Directors Meeting Summary The Board requested this item for consideration because some Board members have conflicts for attending the scheduled May 28, 2024 Board of Directors meeting. Tonight's discussion is to determine if the Board wants to reschedule the May 28th meeting and if so, select a date and time to meet. Recommendation That the Board of Directors provide direction to staff Analysis the Board of Directors have several options to consider. 1. Do not reschedule the May 28, 2024 Board of Directors meeting and continue with status quo as long as there is a quorum. 2. Agree to reschedule the May 28, 2024 Board of Directors meeting. 3. Select a date and time for the rescheduled Board of Directors meeting. Legal Review Not applicable Environmental Review Considering the rescheduling of a regular Board of Directors meeting is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District's CEQA Guidelines. The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of Directors specifically considers each of the items since that is when the full scope of work of each effort or project will be described Financial Review There are no financial impacts to the district for rescheduling the May 28, 2024 Board of Directors regular meeting. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024 Board of Directors regular meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov Alternative Actions Direct staff to report back with more information. Subject 7. Consider Rescheduling May 28, 2024 Board of Directors Meeting Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#43/57 H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: April 22, 2024 Subject: Receive and File the District Engineer's Monthly 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-March to mid-April. 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 April 22, 2024, 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. Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action, Discussion, Receive and File Preferred Date Apr 22, 2024 Fiscal Impact No Budgeted Yes Budget Source Current Year operating Budget Recommended Action The Board of Directors receive and file the Capital Improvement Status Report. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#44/57 File Attachments 2024-03 Financial Section for CIP Updates.pdf (91 KB) 2024 04 Monthly Engineers Report CMSD Memorandum.pdf (193 KB) Administrative File Attachments 2024 04 Monthly Engineers Report CMSD Memorandum.docx (74 KB) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#45/57 H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: April 22, 2024 Subject: Project No. 324 Sewer Rehabilitation Phase 4 Project: Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond Summary Sancon Technolgies, Inc. has completed the rehabilitation of several manhole via the #324 Sewer Manhole Rehabilitation Phase 4 Project throughout the City of Costa Mesa on or around September 22, 2023, therefore, it is appropriate for the District to accept the improvements and file a notice of completion for the construction work. Analysis The project included removing loose material, blasting the manholes, prepaing the surface with a special mortar, and installing a structural liner. Recommendation That the Board of Directors: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Legal Review The attorney for the District reviewed, and approved to form, the construction contract for the project. Environmental Review Rehabilitating manholes does not change sewer pipeline system capacity. Installing replacement or rehabilitated appurtenance 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 Subject 2. Project No. 324 Sewer Rehabilitation Phase 4 Project: Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action, Discussion Preferred Date Apr 22, 2024 Fiscal Impact No Dollar Amount $180,000.00 Budgeted Yes Budget Source #324 Sewer Manhole Rehabilitation Phase 4 Project Recommended Action That the Board of Directors: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#46/57 The approved budget for Project #324 Sewer Manhole Rehabilitation is about $691,000 and the balance as of March 31, 2024 is about $204,000. The expenses, including encumbrances, to date for the project total approximately $487,000. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024 Board of Directors regular meeting at District Headquarters and on District’s website Alternative Actions 1. Do not accept the improvements as complete. 2. Direct staff to report back with more information. Administrative File Attachments 324 Manhole REehab Phase 4 Notice of Completion 2024 04.docx (17 KB) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#47/57 H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: April 22, 2024 Subject: Project No. 342 HQ Landscaping Renovation : Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond Summary Urban Habitat, Inc. has completed the construction of the landscaping on or around April 2, 2024, therefore, it is appropriate for the District to accept the improvements and file a notice of completion for the construction work. Ongoing maintenance of the landscaping for the initial 6-month period will also be conducted by Urban Habitat, Inc. The District required Urban Habitat to conduct the maintenance through the summer period to ensure that the plants are well established and to minimize the risk of failure during the warranty period. The monthly maintenance fees will be paid from the project budget. Analysis The project included minor grading work, amending the soil, and installing new irrigation, trees, landscaping, landscape lighting, and appurtenance. Recommendation That the Board of Directors: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Legal Review The attorney for the District reviewed, and approved to form, the construction contract for the project. Environmental Review The landscaping renovation or the existing lawn to dought tolerant plants and vegitation is consistent with State Guidelines and is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302, Class 2 and Class 4. Subject 3. Project No. 342 HQ Landscape Renovation: Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Action, Discussion Preferred Date Apr 22, 2024 Fiscal Impact No Dollar Amount $572,000.00 Budgeted Yes Budget Source Project 342 HQ Landscaping Renovation Capital Budget Recommended Action That the Board of Directors: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#48/57 The project was consistent with Class 4 which provides for minor alteration to land. This includes but is not limited to Class 4 (a) for grading on land with a slope of less than 10 percent and 4 (c) for new gardening or landscaping. The project is consistent with Section 15302 Class 2 which provides for replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This includes but is not limited to Class 2 (c) for replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Financial Review The approved budget for Project #342 HQ Landscaping Renovation was $583,000 in FY 2020-21. The expenses to date for the project total aproximately $572,000. The remaining available budget is about $11,000. The amount retained during the monthly invoicing is included in the encumbered project budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 22, 2024 Board of Directors regular meeting at District Headquarters and on District’s website Alternative Actions 1. Do not accept the improvements as complete. 2. Direct staff to report back with more information. Administrative File Attachments 342 HQ Landscaping Renovation Notice of Completion 2024 04.docx (17 KB) 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#49/57 K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 1. Orange County Sanitation District (OCSD) - (Vice Secretary Ooten) Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#50/57 K. 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) - (Secretary Perry) Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#51/57 K. 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) - (Vice President Schafer) Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#52/57 K. 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) - (Vice President Schafer) Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#53/57 K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#54/57 K. 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 Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#55/57 N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Discussion 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#56/57 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 Tuesday, May 28, 2024 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 1. Adjourn Meeting Apr 22, 2024 - Board of Directors Regular Meeting Access Public Type Procedural 4/19/24, 1:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#57/57