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2024_09_23_boardMonday, September 23, 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural A. OPENING ITEMS Subject :2. Pledge of Allegiance - President Scheafer Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural A. OPENING ITEMS Subject :3. Invocation - Vice President Schafer Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural A. OPENING ITEMS 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural Public Content Michael Scheafer, President Arlene Schafer, Vice President Arthur Perry, Secretary Robert Ooten, Vice Secretary Brett Eckles, Director 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural A. OPENING ITEMS Subject :6. Ceremonial Matters and Presentations - Proclamation from Assemblywoman Cottie Petrie-Norris for CMSDs 80th Anniversary. Presented by Michael Tou, District Director Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural Public Content Proclamation from Assemblywoman Cottie Petrie-Norris for CMSDs 80 Anniversary. Presented by th Michael , District Director.Tou 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :1. Approve Consent Calendar Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors approve the Consent Calendar as presented. Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :2. Receive and File Annual Report of Expenses- Fiscal Year 2023-24 Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Fiscal Impact :Yes Budgeted :Yes Recommended Action :That the Board of Directors approve and file the report. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Sean Phan, Associate Accountant Date: September 23, 2024 Subject: Receive and File Annual Report of Expenses- Fiscal Year 2023-24 Summary California Government Code requires special districts to disclose, at least annually, any reimbursement paid by the District of at least $100 for each individual charge for services or products received by a Board Member or Staff. The Annual Report of Expenses for Fiscal Year 2023-24 is provided as Attachment A of this report. Recommendation Staff recommends that the Board of Directors receive and file the Annual Report of Expenses for the Fiscal Year 2023-24. Analysis Section 53065.5 of the California Government Code states that "Each special district, as defined by subdivision (a) of Section 56036, shall, at least annually, disclose any reimbursement paid by the district within the immediately preceding fiscal year of at least one hundred dollars ($100) for each individual charge for services or product received. "Individual charge" includes, but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any employee or member of the governing body of the district. The disclosure requirement shall be fulfilled by including the reimbursement information in a document published or printed at least annually by a date determined by that district and shall be made available for public inspection." Attached is the Annual Report of Expenses for the Fiscal Year 2023-24 which will be published on the District's website under the Transparency tab. 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 whichfall within each of the exempt classes", and the District has adopted "CEQA Guidelines and Implementing Procedures" that state onpage 6 "Projects" does not include .... C. Continuing administrative or maintenance activities." Financial Review It is the policy of the District to encourage and promote training and educational opportunities for all District employees so that the services they render to the District may be made more effective. Attendance at educational seminars, conferences and meetings by Board Members and/or Staff are also encouraged to monitor new legal requirements and technological advancements in the solid and wastewater industries. The reimbursement of approved training, travel and other work related expenses are dictated by the CMSD Employee Handbook, Policy 2.4 and the Operations Code, Section 3.01 .090; Conferences, Travel and Expenses. The $13,657.99 of reimbursements reported on Attachment A have met the requirements outlined above. The Annual Report of Expenses are included on the District's website under the Transparency tab. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 23, 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. File Attachments Annual Report of Expenses FY23-24 Attachment A.pdf (651 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :3. Approve the Board of Directors Study Session Minutes of August 13, 2024 Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent), Minutes Recommended Action :That the Board of Directors approve the meeting minutes as presented. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: September 23, 2024 Subject: Approve the Board of Directors Study Session Minutes ofAugust 13, 2024 Summary The recorded minutes of the August 13, 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 onAugust 13, 2024. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutesis 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 September 23, 2024 Board of Directors Regular Meeting at District Headquarters and posted on the Districts website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2024_08_13_ss.pdf (179 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :4. Approve the Board of Directors Regular Meeting Minutes of August 26, 2024 Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent), Minutes Recommended Action :That the Board of Directors approve the meeting minutes as presented. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: September 23, 2024 Subject: Approve the Board of Directors Regular Meeting Minutes of August 26, 2024 Summary The recorded minutes of the August 26, 2024Board of Directors Regular Meetingare 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 August 26, 2024. Legal Review Not applicable. Environmental Review Consideration of public meeting minutesis 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 September 23, 2024Board of Directors Regular Meeting at District Headquarters and posted on the Districts website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2024_08_26_rm.pdf (232 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors approve the compensation and reimbursement of expenses as presented. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk/Public Information Officer Date: September 23, 2024 Subject:Directors' Compensation and Reimbursement of Expenses Summary The Directors' Compensation and Reimbursement of Expensesare 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 expensesis 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 September 23, 2024 Board of Directors Meeting at District Headquarters and posted on the Districts 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 pr_ooten.pdf (49 KB) pr_scheafer.pdf (531 KB) pr-perry.pdf (46 KB) pr_eckles.pdf (49 KB) pr_schafer.pdf (49 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :6. Approve Payroll Transparency Disclosure for August 2024 Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Fiscal Impact :Yes Budgeted :Yes Recommended Action :That the Board of Directors approve and file the report. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Amanda Doan, Accounting Clerk Date: September 23, 2024 Subject:Approve Payroll Transparency Disclosure for August 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 Administrative Content Executive Content 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 September 23, 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. File Attachments Payroll Transparency Disclosure August 2024.pdf (248 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :7. Adopt Warrant Resolution No. CMSD 2025-03 Approving District Warrant Registers Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Budgeted :Yes Recommended Action :That the Board of Directors adopt Warrant Resolution No. CMSD 2025-03 approving District warrants for the month of August in the amount of $420,662.26. Public Content To:Board of Directors Via: Scott Carroll, General Manager From: Amanda Doan, Accounting Clerk Date: September 23, 2024 Subject:Adopt Warrant Resolution No. CMSD 2025-03 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 2025-03 approving District warrants for the month of August in the amount of $420,662.26. 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 September 23, 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. File Attachments WARRANT RESO 2025-03.pdf (4,528 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :8. Approve the Occupancy Count of 23,124 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for $266,691.40 in the September 2024 Warrant Register for August 2024 Solid Waste Collection Services. Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors: 1. Approve the Occupancy Count of 23,124; and 2. Direct staff to prepare a warrant to CR&R Environmental Services for $266,691.40 in the September 2024 warrant register for August 2024 solid waste collection services. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: September 23, 2024 Subject: Approve the Occupancy Count of 23,124 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for $266,691.40 in the September 2024 Warrant Register for August 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 $11.5331 and the August 2024 occupancy count presented to the Board of Directors is 23,124, for a total payment of $266,691.40. Recommendation That the Board of Directors: 1. Approve the Occupancy Count of 23,124; and 2. Direct staff to prepare a warrant to CR&R Environmental Services for $266,691.40 in the September 2024 warrant register for August 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 May 28, 2024, effective July 1, 2024, is $11.5331. The District pays CR&R $11.5331 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 August 31, 2024, the District's occupancy count was 23,124 with no new accounts added since the last billing period. The occupancy count approved by the Board of Directors for July 2024 was 23,124. The District's payment to CR&R is calculated by multiplying the occupancy count by the occupancy rate. The payment calculation for August 2024 is included below. Occupancy Count X Occupancy Rate =Payment to CR&R 23,124 $11.5331 $266,691.40 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 2024-25 budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 23, 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 August 2024 Occupancy Report.pdf (49 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :9. Approve the Preparation of a Warrant to CR Transfer for $218,606.18 in the September 2024 Warrant Register for August 2024 Recycling and Disposal Services Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors approve the preparation of a warrant to CR Transfer for $218,606.18 in the September 2024 warrant register for August 2024 recycling and disposal services. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: September 23, 2024 Subject: Approve the preparation of a warrant to CR Transfer for $218,606.18in the September 2024 warrant register for August 2024 recycling and disposal services Summary The District pays CR Transfer monthly for the sorting of recyclables from mixed waste, landfill disposal of the remaining waste, and 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 to be processed into compost. Recommendation That the Board of Directors approve the preparation of a warrant to CR Transfer for $218,606.18in the September 2024 warrant register for August 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 August 2024. The tonnage rates approved by the Board of Directors on May 28, 2024, effective July 1, 2024, is $61.19 per ton for mixed waste recycling and disposal and $84.19 per ton for organics recycling. Type of Waste Invoice No.Tonnage Rate Amount Billed Residential Waste - Newport Beach 45928 72.92 $61.19 $4,461.98* Residential Waste - Costa Mesa 45927 2,356.47 $61.19 $144,192.39* Total Residential Waste $148,654.37 Organics Recycling 45962 830.88 $84.19 $69,951.81* Total Organics $69,951.81 Grand Total $218,606.18 *Due to weight ticket calculation rounding, some invoice totals may be off by a few cents. Legal Review Not applicable. 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 2024-25 budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 23, 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. Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :10. Receive and File August 2024 Contracts Signed by the General Manager Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Fiscal Impact :No Budgeted :Yes Recommended Action :That the Board of Directors receive and file this report. Public Content To: Board of Directors From: Scott Carroll, General Manager Date: September 23, 2024 Subject:Receive and File August 2024 Contracts Signed by the General Manager Summary At the January 24, 2019Board 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 monthsof August 2024. Recommendation That the Board of Directors receive and file this report Analysis The following contracts/agreements were signed by the general manager in August 2024 Contracts/Agreement 1. - CMSD's share of consultant cost for the preparation of a Multi-Jurisdictional Municipal Water District of Orange County Hazard Mitigation Plan. Cost: $11,800 Purchase Orders 1. Carahsoft Technology Corporation Phone System Upgrade, Zoom Workplace Business Plus (25).Cost: $7,021.68 2. Torres Sanitation Systems Construction Project 353, Gisler Park Sink Hole Repair.Cost: $13,975.00 3. Roadway Construction Service Project 309 - Raising sewer manholes after street repaving project by the city., Traffic Control Plans for Irvine Ave/Bristol Intersection.Cost: $2,200.00 4. Triton Environmental LLC Project 350 - Demolition of Hitchcrafter Building at Rob Hamers Yard. Asbestos Inspection, Sample Analysis, and Consulting.Cost: $2,500.00 Legal Review Not applicable Environmental Review Providing the Board of Directors a monthly list of contracts signed by the General Manager is anadministrative matterthat will not result in direct or indirect physical changes in the environment and isnot 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 September 23, 2024 Joint Board of Directors and Citizens Advisory Committee meetingat District Headquarters and on District website atwww.cmsdca.gov. Alternative Actions 1. Direct staff to report back with more information. Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :11. Investment Report for the Month of August 2024 Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors approve the Investment Report for the month of August 2024. Goals :8.0 Finance Public Content To: Board of Directors From: Marc Davis, District Treasurer Date: September 23, 2024 Subject: Approve the Investment Report for the Month of August 2024 Summary Attached is the Investment Report for the month of August 2024. As required by the District's Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Recommendation That the Board of Directors approve the Investment Report for the month of August 2024. Analysis This report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of August 31, 2024. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 24, 2024 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer's Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. The weighted average stated rate of return (current yield) for the District's investment portfolio as of August 31, 2024, was 2.743%. The yield to maturity of the portfolio was 2.743%. The District's weighted average interest rate was 184 basis points (1.836%) below the LAIF average monthly rate of 4.579% for the month of August 2024. The weighted average number of days to maturity for the District's total portfolio was 365 days (1.00 years). The duration of the underlying securities in LAIF as of August 31, 2024 was 221 days. The District's investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in one year or less as of August 31, 2024 was 52.89. The District has adequate cash reserves necessary to meet its obligations for the next six months. A majority of the District's cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the District's cash and investments are as follows: :Solid Waste Fund - Equal to 30% of the operations budget of the Solid Waste Fund per Operations CodeOperating Reserve Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. - Equal to 5 months of budgeted operating expenses for the fiscal year toDesignated for Revenue Dry Period cover the cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange. The revenue dry period is from June through October. - Remaining available cash, which is currently used for rate stabilization and payment of organicsUndesignated recycling costs. :Wastewater Fund - Equal to 25% of the operations budget of the Wastewater Fund per Operations CodeOperating Reserve Section 4.030.020. The Operating Reserve can only be accessed with prior Board approval. - Set aside for capital improvement projects approved and budgeted by the Board,Reserved for Capital Outlay but which have not yet been completed. - Equal to 5 months of budgeted operating expenses for the fiscal year toDesignated for Revenue Dry Period cover the cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange. The revenue dry period is from June through October. - Remaining available cash, which is available to be appropriated by the Board.Undesignated - Collection of fixture fees which is a restricted revenue source and can only be used for newFacilities Revolving Fund sewer facilities. - Accumulation of funds for replacement of vehicles, equipment and computers.Asset Replacement Fund - Accumulation of funds in accordance with the asset management model for long-termAsset Management Fund replacement of sewer pipes and related infrastructure. Legal Review Legal review is not required. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6, "Projects" does not include...C. Continuing administrative or maintenance activities. Financial Review The portfolio was budgeted to earn an average rate of 1.487% for the year ending July 31, 2024. Through August 31, 2024, the portfolio has earned a weighted average interest rate of 2.774%. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 23, 2024 Joint Board of Directors and Citizens Advisory Committee meeting at District Headquarters (290 Paularino Avenue) and on the District's website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff. File Attachments Investment Report - August 2024.pdf (639 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :12. Receive and File August 2024 Organics Tonnage Report Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors receive and file this report. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: September 23, 2024 Subject: Receive and File August 2024 Organics Tonnage Report Summary In August 2024, CR&R collected 830.88tons of organic waste and recycled 792.62tons 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. FY 2024-25 Organics Month Recycled Landfilled Total Collected July 814.05 39.29 853.34 August 792.62 38.26 830.88 Legal Review Not applicable. 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 September 23, 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 Organics_Tonnage_August_2024.pdf (599 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject :13. Receive and File August 2024 Solid Waste Diversion Report Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors receive and file this report. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: September 23, 2024 Subject: Receive and File August 2024 Solid Waste Diversion Report Summary In August 2024, CR&R collected 3,260.27 tons of solid waste and recycled 2,010.03 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 61.65%. A tonnage summary for the past 20 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 September 23, 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 Tonnage_Summary_August_2024.pdf (441 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. E. GENERAL MANAGER'S REPORTS Subject :1. Proposed School Education Programs from EcoHero and Discovery Cube Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action (Consent) Recommended Action :That the Board of Directors provide comments and direction on proposed school education programs from EcoHero and Discovery Cube Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Senior Management Analyst Date: September 23, 2024 Subject: Proposed School Education Programs from EcoHero and Discovery Cube Summary The District was awarded $315,341in SB 1383 Local Assistance Grant Program (OWR4) funds, and allocated $30,000 for an educational services consultant to perform SB 1383 school assemblies and presentations. Staff has identified two SB 1383 school education programs, The EcoHero Show and Discovery Cube's Greener Pathways program. These two programs are presented in this report and attached scopes of work for the Board of Directors comments and direction. Recommendation That the Board of Directors provide comments and direction on proposed school education programs from EcoHero and Discovery Cube. Analysis SB 1383 requires jurisdictions to provide organics recycling education and outreach to all residents within their jurisdiction. The District hopes that bringing organics recycling education to schools in the District's service area willpromote organics recycling and food waste reduction among students in our community. The goal is for students to apply these principles at home and educate their families, becoming good stewards of the environment. A school education program will also increase the District's visibility within the community and further promote partnerships with local schools. Furthermore, education and outreach is an eligible expenditure under the SB 1383 Local Assistance Grant. The EcoHero Show The EcoHero Show promotes organics recycling and food waste reduction to elementary school children via whole school assemblies (grades K-5) and classroom presentations (grades 1-5) featuring music, dancing, and interactive activities. The program also provides post-presentation classroom curriculum that gives teachers the option to continue the lesson after the presentation, and an optional comic book featuring the "Methane Ghost." The goals of The EcoHero Show are to reinforce and create a sustainable culture at schools, educate on proper organics recycling, educate on food waste reduction, promote personal behavior change to adopt at school and home, and inspire EcoHero leaders for life. EcoHero works with the sponsoring jurisdiction to identify a list of eligible schools and handles all communication with the schools, including promotion, scheduling, logistics, and data collection. EcoHero program costs are included below. In-Person Whole School Assemblies (Grades K-5): $1,250 per school Live-Streaming Whole School Assemblies (Grades K-5): $900 per school VirtualClassroom Presentations (Grades 1-5): $320 per class Comic Books (Optional): $30 per hardcover, $15 per softcover With a proposed budget of $30,000, The EcoHero Show could reach up to 33 schools virtually, 24 schools in-person, or 93 classrooms virtually (not including comic books). These numbers are for illustrative purposes, as the program would include a combination of virtual and in-person school assemblies and virtual classroom presentations, depending on the format requested by the schools. Discovery Cube Greener Pathways Discovery Cube's Greener Pathways program teaches elementary school children (grades 1-6) about SB 1383, organic waste recycling, and composting through interactive educational activities. Each student receives an educational booklet to accompany the assembly, and students who participate in the assembly and complete a recycling survey will receive one free child admission (with purchase of adult admission) to Discovery Cube in Santa Ana. The goal of the Greener Pathways program is to guide students on an inspiring path and shape them into Earth Guardians, individuals dedicated to protecting our environment, reducing waste, and promoting sustainable living. Discovery Cube works with the sponsoring jurisdiction to identify a list of eligible schools and handles all communication with the schools, including promotion, scheduling, logistics, and data collection. Greener Pathways program costs are included below. Annual Administrative Fee: $1,850 In-Person Assemblies: $10per student (150 student max per assembly) Virtual Assemblies: $10 per student (120 student max per assembly) Educational Booklet: $5 per student With a proposed budget of $30,000, the Discovery Cube Program could reach up to 1,850 students. Staff is seeking the Board of Director's comments and direction regarding the two proposed SB 1383 school education programs. Legal Review Not applicable. Environmental Review Presenting proposed school education programs 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 District was awarded $315,341 in SB 1383 Local Assistance Grant Program (OWR4) funds. The FY 2024-25 budget adjustment approved by the Board of Directors on August 26, 2024, included the SB 1383 OWR4 total grant award and identified $30,000 of those grant funds for school education programs. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 23, 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 EcoHero Scope of Work.pdf (122 KB) Discovery Cube Scope of Work.pdf (274 KB) Consent All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. E. GENERAL MANAGER'S REPORTS Subject :2. Consider Authorizing Continuation of Resolution No. 2024-997 Confirming an Emergency To Replace Critical Infrastructure of the South Coast Plaza Pump Station Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action Recommended Action :That the Board of Directors approve authorizing continuation of Resolution No. 2024-997 and appropriate $69,000 transfer from the unrestricted General Fund to support the#355SCP Urgent Capital RepairProject. Goals :1.0 Sewer Infrastructure Public Content To: Board of Directors From: Scott Carroll, General Manager Date: September 23, 2024 Subject:Consider Authorizing Continuation of Resolution No. 2024-997 Confirming an Emergency To Replace Critical Infrastructure of the South Coast Plaza Pump Station Summary On August 26, 2024, the Board of Directors received a report from staff about emergency work at the South Coast Plaza (SCP) Pump Station. An 8-inch sewer line failed and due to the abundance of ground water, a liner to rehabilitate the pipe could not be performed. The District initiated emergency bypass pumping, then isolated the SCP sewer, and restored service to the SCP Mall. The general manager declared an emergency and then the district hired TE RobertsConstruction Inc, (TER) to assist with the emergency operation activities. The Board of Directors adopted Resolution No. 2024-997 confirming an emergency and ratifying an order of the general manager to replace critical infrastructure of the South Coast Plaza Pump Station. Recommendation 1. That the Board of Directors approve authorizing continuation of Resolution No. 2024-997 2. Appropriate $69,000 transfer from the unrestricted General Fund to support the #355 SCP Urgent Capital Repair Project. Analysis The pump station is currently stabilized, but its operating on emergency by-pass system. The station is being monitored on a daily basis and the by-pass system is routinely inspected to ensure its operating effectively. After meeting with SCP mall leadership, it was agreed the construction work should begin after the holidays. In the mean time, the district is performing a geotechnical study to determine soil and other subsurface conditions. Designs are underway as well. Because the station is being operated on emergency by-pass system, staff is recommending this project is continued as an emergency in case the by-pass system fails in which the district can perform immediate improvements without going through the bidding process, and thus, avoiding a sanitary sewer overflow and ensuring SCP mall can still operate. To approve authorizing continuation of Resolution No. 2024-997, a 4/5 vote by the Board of Directors is required. A roll call vote is suffice. Legal Review District counsel has reviewed and approved Resolution No. 2024-997 Environmental Review Emergency projects are statutory exemptunder the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15269(b), Emergency Projects Financial Review Staff is estimating the emergency work already performed will cost , which consists of for TER (vacuum, $371,000 $148,000 dewatering, bypass pumping, and heavy equipment services), for PPT (Additional mobilization/demobilization, $75,000 emergency bypass pumping support, additional costs for cleaning, recleaning, and condition assessment of the siphon pipes), for geotechnical study, for design and another for for RBH, for Robotic Solutions,$15,000 $12,000 $26,000 50,000 $45,000 testing dewatering wells. Activities Cost TER $ 148,000 PPT 75,000 RBH 15,000 Robotic Solutions 12,000 Geotechnical study 26,000 Design 50,000 Testing Dewatering Wells 45,000 Total Cost $ 371,000 FY 2023-24 Budget $ 120,000 BOD Appropriated August 26, 2024 182,000 Total Budget $ 302,000 Need to appropriate an additional $ 69,000 The total budget for the project is . There is insufficient fund to pay for the projects. T$302,000 herefore, staff is proposing to transfer from the unrestricted General Fund to support the#355SCP Urgent Capital RepairProject. The Unrestricted $69,000 General Fund has an available balance of $131,200. Construction cost to remove and replace the existing 8" line is still being determined. Staff will report back when costs are finalized and a funding plan is in place for recommended approval. Account Account Number Increase Decrease General FundCash 05-000000-1001 $69,000 General Fund Transfer Out 05-050000-4995 $69,000 Wastewater Fund Cash 20-000000-1001 69,000 Wastewater Transfer in 20-000000-3995 69,000 Wastewater Fund Balance 20-000000-2990 69,000 CIP #355, SCP Urgent Capital RepairProject 20-201335-4300 69,000 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 23, 2024 Board of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the Districts website at www.cmsdca.gov. Alternative Actions 1. Do not approve the continuationof Resolution No. 2024-997. File Attachments Reso 2024-997.pdf (189 KB) F. ENGINEER'S REPORTS Subject :1. Receive and File the District Engineer's Monthly Report and Capital Improvement Projects Status Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action, Discussion Fiscal Impact :No Budgeted :Yes Budget Source :Operating Budget Recommended Action :Receive and File the District Engineer's Monthly Report and Capital Improvement Projects Status Public Content To: Board of Directors From: Mark Esquer, District Engineer Date: September 23, 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 activitiesfor the period of mid-August to mid-September. The District Engineer's memorandum is attached. Also attached isa detailed summary of the Capital Improvement Project activities andassociated 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 aresufficient 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 September 23, 2024,Board of Directors Regular meeting at District Headquarters and posted on the Districts website www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments 2024 09 Monthly Engineers Report CMSD Memorandum.pdf (223 KB) 2024-08 Financial Section for CIP Updates.pdf (71 KB) F. ENGINEER'S REPORTS Subject :2. Consider Approving Increased Robin B. Hamers & Associates Inspection Billing Rate to provide for the increase in State Prevailing Wage Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Action, Discussion Fiscal Impact :No Dollar Amount :$10,260.00 Budgeted :Yes Budget Source :Current Fiscal Year Capital and Sewer Permit Related Budgets Recommended Action :That the Board of Directors approves: 1. A proposed 2024-25 RBH inspection billing rate increase of $5.13 per hour for a total inspection billing rate of $121.63 per hour; and 2. Delegate authority to the general manager to approve future RBH inspection rates, provided that are in alignment with the increase in California prevailing wage. Public Content To:Board of Directors From: Mark Esquer, District Engineer Date: September 23, 2024 Subject:Consider Approving Increased Robin B. Hamers & Associates Inspection Billing Rate to provide for the increase in State Prevailing Wage Summary The District Board approved an agreement for engineering consulting services with Robin B. Hamers & Associates, Inc. (RBH) during the August 2021 Board of Directors meeting. The RBH agreement outlined hourly rates for billing the District. The Board approved a general RBH rate increase in May 2023 due to the unusually high inflation associated with the impacts of the COVID pandemic and the economy. Except for the inspection services billing rate, the Board approved the 2023-24 and 2024-25 fiscal year RBH billing rate increases. District staff identified that the 2024-25 fical year inspection billing rate increases would need to be based on and subject to increases in the California prevailing wage. Staff anticipated that prevailing wage increase for inspection services at 5 to 6%. The State of California increased the inspection prevailing wage (salary paid to the employee) by $4.02 per hour. This wage increase results in a 4.4% increase in billing rate for this position. TheDistrict staff is requesting consideration to increase the 2024-25 fiscal year RBH inspection billing rate due to the increase in State of California prevailing wage.The proposed RBH inspection billing rate will respectively change from $116.50 to $121.63 per hour (4.4% increase).Inspection services are governed by State of California prevailing wage. Staff is also requesting authority be given to the general manager to approve future increases in RBH inspection billing rates, provided the future billing rate is commensurate with the increase in California prevaliing wage. All other RBH billing rate increases will come back to the Board for review and approval. As a reminder, RBH provides services related to capital improvement projects, sewer permits, and special engineering studies /reports associated with technical items or problems experienced within the sewer system. Recommendation That the Board of Directors approves: 1. A proposed 2024-25 RBH inspection billing rate increase of $5.13 per hour for a total inspection billing rate of $121.63 per hour; and 2. Delegate authority to the general manager to approve future RBH inspection rates, provided that are in alignment with the increase in California prevailing wage. Analysis RBH has and continues to provide quality engineering at lower than industry fees/prices.The engineering consultant services include, but are not limited to,master planning development,engineering modeling, engineering project design, development of capitalplans and specifications,development of bidding documents, construction administration services, inspection services, and engineering studies, calculations, and reports,among other engineering related services assigned by the District Engineer. At 2000 hours of inspection each year, the proposed increase would cost the District an additional $10,260 per year. Because the District does not employ a full time inspector and schedules inspections when needed, the District pays for about 1,500 hours of inspection per year. Some years will be more and some less depending on the number of Sewer Permits, Capital improvement projects, and other District required activities. Because the District contracts must comply with California prevailing wage, future RBH inspection billing rate increases will also be based on the associated increase in prevailing wage. The Capital project RBH consulting services are budgeted within the annual capital improvement budget and/or permit fees paid by customers. RBH submits invoices monthly for review and approval to the DistrictEngineer. The invoices are submitted by capital project, by permit services, or other engineering services rendered. Legal Review Not required. No change in contract language, only associated rates. Environmental Review The hiring of staff or consulting resources is not a project under CEQAbecause the action will not impact the environment (14 Cal. Code Regs. 15060). Financial Review Based on trends for the current and past two fiscal years, staff estimate the annual engineering costs, including inspection, at about $400,000, depending on number of capital improvementprojects and permits issued.For example, the engineering fees /cost associated with a $2,000,000 CIP budget couldbe $300,000 (15% of capital delivery costs). Typically, capital project budgetscontain funds for design, bidding, contract administration, survey work, soils compaction testing,, in addition inspection to other construction-related work by the District. These variousitems range between10% and 20% of budgeted amounts.In addition, there would be an estimated $50,000 to $100,000 ($70,000 average) for permit-related inspections. Proposed RBH Rates Position FY 2023-24 Proposed FY 2024-25 Inspector $116.50 $121.63 (4.4% Increase) California Prevailing Wage Increase ForBuilding/Construction Inspector and Field Soils and Material Tester FY Hourly Rate, $/Hr Increase, $/Hr % Increase 20/21 $79.80 21/22 $82.25 $2.45 3.1% 22/23 $82.25 $0.00 0.0% 23/24 $91.27 $3.02 3.4% 24/25 $95.29 $4.02 4.4% The proposed ratesare reflected in the FYs 2023-24 and 2024-25 preliminaryCIP project and operational budgets. Project Notice Process Copies of this Board item are on file and will be included with the agenda package for the September 23, 2024 regular Board of Directors meeting at District Headquarters and on the District website. Alternative Action 1. Approve a one year rate increase and direct staff to bring a future rate increase to the Board for consideration. I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type : I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type : I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type : I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type : I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type : I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days 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 :Sep 23, 2024 - Board of Directors Regular Meeting Type : L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject :1. Oral Communications and Director Comments Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Discussion O. CLOSING ITEMS Subject :1. Adjourn Meeting :Sep 23, 2024 - Board of Directors Regular Meeting Type :Procedural Public Content The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday, October 28, 2024 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.