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Minutes - Board - 2024-04-22COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING APRIL 22, 2024 Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Gina Terraneo (Management Analyst II), Mark Esquer (District Engineer), Alan Burns (District Counsel), Marc Davis (District Treasurer), Dyana Bojarski (Administrative Services Manager), Marissa Pereyda (Management Analyst II) Others present Jeremy Tamargo, NBS Government Finance Group Jim Fisler, Orange County Local Agency Formation Commission Julie Barreda, CR&R Representative Karen Millard, Claimant Michael Tou, Citizens Advisory Committee Vice Chair Mike Carey, CR&R Representative Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Scheafer President Scheafer called the meeting to order at 4:30 P.M. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 Procedural: 2. Pledge of Allegiance — President Scheafer President Scheafer led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Schafer Vice President Schafer led the Invocation. Procedural: 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) District Clerk & Public Information Officer, Noelani Middenway, conducted roll call and noted that President Scheafer, Vice President Schafer, Secretary Perry, Vice Secretary Ooten, and Director Eckles were present. Procedural: 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. None. Procedural: 6. Ceremonial Matters and Presentations. President Scheafer noted that the Board held a ribbon cutting ceremony to celebrate the completion of the District's landscaping project. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Scheafer opened public comments. Mesa Water Director and Orange County Local Agency Formation Commission (OC LAFCO) Special District Member, Jim Fisler, introduced himself and shared his accomplishments as an incumbent. He noted that he is running for re-election and has one opponent. He discussed the current COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 representation of various agency types on OC LAFCO. He expressed his commitment to OC LAFCO and asked for the Board's vote. Vice President Schafer asked about Mr. Fisler's opponent's experience. Mr. Fisler stated that his resume mostly contains city government experience. Hearing no additional comments, President Scheafer closed 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) President Scheafer adjourned to closed session at 4:41 p.m. D. RECONVENE TO OPEN SESSION 1. Report out any announcements required by law President Scheafer reconvened from closed session at 5:03 p.m. He reported that the Board has considered the matter and proceeded to Item D2. 2. Motion to Reconsider/Renew Consideration of Karen Millard's Claim Motion: To reconsider/renew consideration of Karen Millard's claim Motion by Bob Ooten. Motion failed to receive a second. The Board will not reconsider Karen Millard's claim at this moment. There was no further discussion. E. PUBLIC HEARINGS COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 None at this time. F. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the consent calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of March 12, 2024 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of March 25, 2024 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 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 Recommendation: That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $202,227.98 in the April 2024 warrant register for March 2024 recycling and disposal services. Action (Consent): 5. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Receive and File March 2024 Organics Tonnage Report Recommendation: That the Board of Directors receive and file the report. Action (Consent): 7. Receive and File March 2024 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file the report. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 229 2024 Action (Consent): 8. Approve Payroll Transparency Disclosure for March 2024 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 9. Adopt Warrant Resolution No. CMSD 2024-10 Approving District Warrant Registers 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. Action (Consent): 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 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 $258551.26 in the April 2024 warrant register for March 2024 solid waste collection services. Action (Consent): 11. Receive and File March 2024 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None Abstain: None Not Present: None There was no discussion. G. GENERAL MANAGER REPORTS Action, Receive and File: 1. Receive and File Final Solid Waste Rate Study and Rate Recommendation Recommendation: That the Board of Directors: COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 229 2024 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. Management Analyst II, Marissa Pereyda, introduced the item. President Scheafer opened the item to public comments. Hearing none, he closed public comments. Director Eckles commented that he does not find the proposed five-year rate increase to be in the best interest of District ratepayers. He expressed support for further discussing the reserve levels for the Solid Waste Fund. He stated that he does not support the item's recommendation and would prefer a two-year or three-year rate increase. District Counsel, Alan Burns, clarified the item's recommendation. Motion: To: 1. Accept the rate recommendation identified in the study; and 2. 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 3. 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. Motion by Art Perry, second by Bob Ooten. President Scheafer thanked Director Eckles for his comments and requested for the General Manager to review the District's reserve levels and provide more research on that topic. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 229 2024 Final Resolution: Motion Carries 4-1 Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer No: Brett Eckles Abstain: None Not Present: None There was no further discussion. Action: 2. Consider Approving Start Date for Implementing Curbside Recycling Program for SB 1383 Compliance Recommendation: That the Board give staff direction to implement the Curbside Recycling Program on October 7 or November 7, 2024. General Manager, Scott Carroll, introduced the item. Citizens Advisory Committee Vice Chair, Michael Tou, entered the meeting at 5:11 p.m. Discussion followed regarding the start date for implementing the three -cart system rollout. Director Eckles inquired about a January start date for the program. He expressed support for starting the rollout in November. Vice President Schafer stated that Halloween may affect cart delivery. President Scheafer stated that an October start date should guarantee that the rollout will be completed by Christmas and avoid delays to the Christmas Tree Collection Program. He asked CR&R how much of the rollout will be completed in four weeks. CR&R representative, Julie Barreda, stated that about 50% of the rollout should be completed in four weeks. She shared that CR&R is comfortable with starting on October 7th but noted that they will be concluding the City of Laguna Beach's rollout on October 5th. President Scheafer mentioned that he attended the City of Costa Mesa's Earth Day Event in which he discussed the three -cart system with customers. He COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 shared that District customers expressed interest in starting the rollout as soon as possible. President Scheafer opened the item to public comments. Hearing none, he closed public comments. Motion: To implement the Curbside Recycling Program on October 7, 2024. Motion by Art Perry, second by Bob Ooten. Final Resolution: Motion Carries 4-1 Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer No: Brett Eckles Abstain: None Not Present: None There was no further discussion. Action, Receive and File: 3. Receive and File 2024 Performance Report - 1st Quarter (January -March) Calendar Year Recommendation: That the Board of Directors receive and file this report. Mr. Carroll presented the item. He noted that the District's experience modification (eMOD) rate is at 100%. President Scheafer commented on workers' compensation rate renewals. There was no further discussion, and the report was received. Action, Receive and File: 4. Receive and File 2020-25 Strategic Plan Progress Report - Fiscal Year 2023-24 Third Quarter Recommendation: That the Board of Directors receive and file this report. Mr. Carroll presented the item. He stated that District staff will start drafting a new strategic plan next year. There was no further discussion, and the report was received. Action: S. Consider Approving Contribution Application for Costa Mesa - Newport Harbor Fish Fry Recommendation: That the Board of Directors: COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 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. Management Analyst II, Gina Terraneo, presented report details. She confirmed that the Costa Mesa -Newport Harbor Lions Club's has submitted their certificate of insurance. President Scheafer asked if the Costa Mesa -Newport Harbor Lions Club's has submitted a waiver of subrogation. Ms. Terraneo stated that she will ask the Costa Mesa -Newport Harbor Lions Club's to submit that waiver. Motion: To: 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. Motion by Mike Scheafer, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None Abstain: None Not Present: None There was no further discussion. Action: 6. Consider Approving Contribution Application for the City of Costa Mesa's Independence Day Celebration Recommendation: That the Board of Directors: COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 229 2024 1. Approve the City of Costa Mesas 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. Ms. Terraneo presented report details and staffs recommendation. She provided information regarding the District's contribution budget. Director Eckles inquired about the event timeline. He expressed concern about whether this event is appropriate for District purposes. Ms. Terraneo shared that this is the first time that the City of Costa Mesa has asked the District to attend. Director Eckles stated that the City should allow the District to have a booth at the event at no cost. He discussed the background of this event. Motion: 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. Motion by Art Perry. Motion failed to receive a second. Director Eckles submitted a substitute motion. Motion: To ask if the City of Costa Mesa will allow the District to host a booth at the Independence Day Celebration event without providing a sponsorship. Motion by Brett Eckles, second by Bob Ooten. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None Abstain: None Not Present: None There was no further discussion. Action: 7. Consider Rescheduling May 28, 2024 Board of Directors Meeting Recommendation: That the Board of Directors provide direction to staff. Mr. Carroll introduced the item. President Scheafer shared that he will be at the Solid Waste Association of North America (SWANA) convention from May 201h to May 23rd Director Perry suggested having the May Board meeting on May 291h. Director Eckles shared that he will be out of town the week of May 271". Mr. Carroll shared that the meeting is already scheduled for Tuesday, May 28th. The Board agreed to keep the meeting as scheduled for May 281h. Vice Secretary Ooten exited the meeting at 5:32 p.m. There was no further discussion. H. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File the District Engineer's Report and Capital Improvement Projects Status Recommendation: The Board of Directors receive and file the Capital Improvement Projects Status Report. District Engineer, Mark Esquer, presented report details. There was no further discussion, and the report was received. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 Action: 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 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. Mr. Esquer stated that Projects #324 and #342 are both complete and the District needs to file two Notices of Completion with the County of Orange to exonerate the projects' labor and materials bonds and faithful performance bonds. Motion: To: 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. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 4-0-0-1 Aye: Arlene Schafer, Art Perry, Brett Eckles, Mike Scheafer No: None Abstain: None Not Present: Bob Ooten There was no further discussion. Action: 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 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 COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. Motion: To: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice Completion is recorded. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 4-0-0-1 Aye: Arlene Schafer, Art Perry, Brett Eckles, Mike Scheafer No: None Abstain: None Not Present: Bob Ooten There was no further discussion. I. TREASURER'S REPORTS None at this time. I. ATTORNEY'S REPORTS Mr. Burns shared updates regarding recent court cases. There was no further discussion. of of 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. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 1. Orange County Sanitation District (OCSD) - (President Ooten) Vice Secretary Ooten was not present to provide the report. President Scheafer shared that OCSD is having an open house event on June 8th 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Secretary Perry stated that the SARFPA meeting will take place next month. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Vice President Schafer stated that there is nothing to report for ISDOC. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Vice President Schafer shared that she will be attending CSDA's conference later this year. S. Special District Risk Management Authority (SDRMA) - (Director Scheafer) President Scheafer shared that SDRMA is working on replacing a board member. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Vice President Schafer shared that she attended a Water Advisory Committee of Orange County (WACO) meeting. President Scheafer commented on the City of Costa Mesa's Earth Day Event. He commended District staff who worked at the event. He inquired about the upcoming City/Districts Liaison Committee meeting. Ms. Middenway stated that the meeting will take place in May. COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 22, 2024 Vice President Schafer shared that Love Costa Mesa Day will take place on May 18th. There was no further discussion. L. OLD BUSINESS None at this time. M. NEW BUSINESS None at this time. N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1.Oral Communications and Director Comments None. O. CLOSING ITEMS Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District Board of Directors will be held on Tuesday, May 28, 2024. President Scheafer adjourned the meeting at 5:49 p.m. Art Perry Mike Schea er Secretary President