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2021_05_06_specialThursday, May 6, 2021 Board of Directors Special Meeting Time: 5:30 P.M. IMPORTANT NOTICE REGARDING MAY 6, 2021 SPECIAL MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID- 19 pandemic. *** 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. In accordance with Executive Order N-29-20, the public may only view the meeting online and not in the District's Board Room. *** 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 - 857 0005 5196 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 857 0005 5196# 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 writing for the Board of Directors' consideration by sending them to the District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the meeting. *** Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained from the District Clerk's Office. *** In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). A. Opening Items 1. Call to Order 2. 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.) B. Public Comments 1. Public Comments - This time has been set aside for persons in the audience to make the Board of 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 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. C. Discussion Items 1. Preliminary Biennial Budget Review for Fiscal Year 2021-22 and Fiscal Year 2022-23 D. Closing Items 1. Oral Communications & Director Comments 2. Adjourn Thursday, May 6, 2021 Board of Directors Special Meeting Time: 5:30 P.M. IMPORTANT NOTICE REGARDING MAY 6, 2021 SPECIAL MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID- 19 pandemic. *** 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. In accordance with Executive Order N-29-20, the public may only view the meeting online and not in the District's Board Room. *** 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 - 857 0005 5196 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 857 0005 5196# 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 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 Meeting May 6, 2021 - Board of Directors Special Meeting Access Public Type A. Opening Items Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, Director Subject 2. 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 May 6, 2021 - Board of Directors Special Meeting Access Public Type Procedural B. Public Comments Subject 1. Public Comments - This time has been set aside for persons in the audience to make the Board of 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 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. Meeting May 6, 2021 - Board of Directors Special Meeting Access Public Type C. Discussion Items To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: May 6, 2021 Subject: Preliminary Biennial Budget Review for Fiscal Year 2021-22 and Fiscal Year 2022-23 Summary On April 13, 2021, staff presented to the Board the Preliminary Biennial Budget Review for Fiscal Year 2021-22 and Fiscal Year 2022-23. In the Analysis section of this report, you will find staff’s response to the comments and questions from the Board at the Study Session Meeting. In addition, attachments A, B, C and D have been updated after the Study Session Meeting. General Fund Revenue: Beginning of FY 2019-20 budget, the District created a General Fund to account for the unrestricted financial resources of the general government. These unrestricted resources consist primarily of general property taxes and investment earnings. Staff is assuming a 2% increase in property tax revenue each year. The proposed preliminary property tax revenues are $333,000 and $340,000 for FY 2021-22 and FY 2022-23, respectively. Property tax revenues are unrestricted revenues previously recorded in the Solid Waste Fund for rate stabilization. Staff is proposing the Board to continue to transfer this revenue to the Solid Waste Fund through this budgetary process. If more revenue is received than the budgeted amount at fiscal year-end, staff recommends the Board of Directors transfer the revenue, as per the District goal, to either the Solid Waste or the Wastewater Fund. Preliminary Budget FY 2021-22: The total preliminary budget for FY 2021-22 is $13,214,400. The Solid Waste Fund preliminary budget of $6,604,400 assumes that expenses will exceed revenues by $357,800 creating a deficit requiring the use of reserves to balance the budget. Deficit spending has been a practice of the District for the last seven years. The Board approved lowering the trash rate in 2013 and 2014 to reduce the solid waste reserve balance. Using funds from the reserve balance helped stabilize the trash rate after implementing the Organics Recycling Program in 2015. CR&R submitted a 5.6% CPI rate increase request on March 29, 2021. The District is in the process of auditing the hauler's revenue to verify CR&R’s profit margin prior to having the Board of Directors approve or reject the request. The preliminary budget does not reflect the 5.6% CPI request from CR&R. The Wastewater Fund preliminary budget of $6,277,000 assumes that expenses will exceed revenues by $313,200 creating a deficit requiring the use of reserves to balance the budget. The FY 2017-18 was the final year of the five year 2%rate increase from the 2012 Sewer Rate Study adopted by the Board The District is Subject 1. Preliminary Biennial Budget Review for Fiscal Year 2021-22 and Fiscal Year 2022-23 Meeting May 6, 2021 - Board of Directors Special Meeting Access Public Type Discussion Goals 8.2 Finance - Adopt a balanced budget 8.0 Finance year of the five-year 2% rate increase from the 2012 Sewer Rate Study adopted by the Board. The District is planning to conduct a wastewater rate study in FY 2021-22. Preliminary Budget FY 2022-23: The total preliminary budget for FY 2022-23 is $13,395,300. The Solid Waste Fund preliminary budget of $6,779,900 assumes that expenses will exceed revenues by $136,300 thus creating a deficit requiring the use of reserves to balance the budget. According to the Solid Waste Rate Study, dated February 2019 by the consulting firm, NBS, revenue would exceed expenditures by the fifth year (FY 2023-24) of the five-year rate adjustment. The study projected the District would have a deficit spending of $10,400 in FY 2022-23; however, staff is estimating the deficit will be much higher due to the COVID-19 pandemic, reduced investment earnings, and the 5.8% CPI increase CR&R received in FY 2019-20. The preliminary Wastewater Fund budget of $6,275,400 assumes that expenses will exceed revenues by $203,400 thus creating a deficit which will require the use of reserves to balance the budget. As mentioned previously, a wastewater rate study will be conducted in FY 2021-22 to determine an appropriate rate adjustment starting FY 2022-23 that could make up the deficit. The preliminary budget does not include two additional wastewater maintenance workers and new equipment as presented to the Board on March 9, 2021. Capital Improvement Projects: Staff is requesting $1,802,000 and $1,767,000 for Capital Improvement Projects (CIP) for fiscal years 2021-22 and 2022-23, respectively. Incomplete projects in FY 2020-21 will be requested to be carried forward into FY 2021-22. Recommendation That the Board of Directors provide feedback to staff regarding the proposed preliminary Biennial Budget for the Fiscal Years 2021-22 and 2022-23. Analysis The following information is in response to the Board of Directors inquiries and comments from the April 13, 2021 study session meeting and updates staff made after the meeting. 1. Under Professional Services, Staff reduced the Solid Waste Consulting Services budget from $45,000 to $30,000 in FY 2021-22 and FY 2022-23. 2. Compensated Absences: A term used in accounting that refers to employees' time off with pay for vacations, holidays, and sick days. Companies that are obligated to pay for these days off are required by the matching principle to record the expense for these fringe benefits when the employees are working, since the benefits are a part of the employees' compensation. The expense is recorded at the end of each fiscal year by debiting compensated absences expense and crediting a liability account, compensated absences payable. When an employee leaves District employment or retires they are paid for the benefits not used while employed, which reduces the compensated absence liability account balance. The District’s full-time employees with an average workweek of 40 hours shall receive vacation. The maximum amount of vacation time a full-time employee may accrue is based on years of service. The compensated absences will increase due to an employee’s longevity and additional staff. The longer the employee works with the District, the higher vacation accrual the employee receives. Due to the Covid-19 restrictions, staff have deferred vacation days resulting in higher vacation hours accrued as of the third quarter of FY 2020-21. As staff begins to take vacations and reduce their vacation bank, the compensated absences liability will be reduced and be reflected in the FY 2021-22 and FY 2022-23 budget. How are compensated absences calculated? The compensated absences are the accumulated unpaid vacation amounts that employees accrued. At the end of each fiscal year, staff calculate the compensated absences liability amount and posts the current liability in the financial records. The amount will be charged to compensated absences payable. This information can be found in the Comprehensive Annual Financial Report (CAFR)CAFR FY 2019-20 page 28 be found in the Comprehensive Annual Financial Report (CAFR), CAFR FY 2019 20 page 28. To compute the amount, take the accumulated unused hours at year-end and multiply by the pay rate of each employee as shown below: How are the compensated absences distributed among Solid Waste and Wastewater Funds? Compensated absences are distributed based on the employee payroll distribution percentage. For example, Wastewater Staff compensated absences are charged 100% to the Wastewater Fund. Code Enforcement Officer is charged 100% to the Solid Waste Fund. The Accounting Clerk is charged 20% to the Solid Waste and 80% to the Wastewater Fund. Staff considers recent events and past employee behavior to project the District’s compensated absences liabilities for FY 2021-22 and FY 2022-23 to be $43,000 and $43,700; respectively. 3. Staff at their top salary range: Currently all staff are within their salary ranges. Assuming staff will get the maximum merit increase of 5% and no promotion or reclassification. Three staff members will be at their top salary range in FY 2021-22, six staff members in FY 2022-23 and the same six staff members in FY 2023-24. 4. What are the District’s actual expenditures in the past three years? The Board of Directors requested to see the actual expenditures of the last three fiscal years. Staff attached the actual spending for FY 2017-18 to FY 2019-20, year-to-date current FY 2020-21, and preliminary budget FY 2021--23 for comparison (Reference Attachment E). 5. CR&R and Employee’s Consumer Price Index (CPI) Calculations: Employee’s CPI - Based on the District’s policy, employees receive a salary adjustment equal to the February- to-February Consumer Price Index (CPI) for Los Angeles, Long Beach, and Anaheim (reference Exhibit 1.1, 1.2 and 1.3). Step 1. 281.347/278.657 = 1.009653 Step 2. 1.009653 - 1 = 0.009653 Step 3. 0.009653 x 100 = 0.97 (round up = 1%) Exhibit 1.1 Exhibit 1.2 Exhibit 1.3 CR&R CPI - CR&R also uses the February to February Los Angeles-Long Beach-Anaheim area index as employee’s CPI. However, there are two differences: a) CR&R uses a 24-month period. b) CR&R uses a different method to compute. They are using the average of the 24 months to compute. If CR&R uses the same method as employee’s CPI Calculation (same as the Bureau of Labor) it would be as follows and the CPI should be 4.35%. 6. How much in monetary value did the 5.8% CR&R CPI increase cost the District? As a result of the 5.8% increase in CR&R rates, the District paid an additional $307,206 in FY 2019-20 and an additional $227,954 FY 2020-21 (July-March 2021). (Reference Exhibit 1.4 and 1.5) 7. Solid Waste/Recycling tonnage- The proposed Preliminary Budget for FY 2021-22 and FY 2022-23 Staff assumes CR&R rates remain the same. Trash Hauler- Staff assumes a 0.2% increase in occupancy account from FY2020-21 to FY 2021-22, resulting in 23,028 accounts. Also, a 0.5% increase in occupancy account in FY 2022-23, will result in 23,143 accounts. Therefore, the preliminary budgets for the Trash Hauler account are $2,863,800 and $2,878,100 for FY 2021-22 and FY 2022-23, respectively. If the Board approves a 5.6% CPI rate increase for the next two fiscal years, the new hauler rate will be $10.9439 per occupancy account and the FY 2021-22 and FY 2022-23 estimated costs will be $3,024,200 and $3,039,300, respectively. (Reference Exhibit 1.6) Recycling/Disposal - In FY 2019-20 the Recycling tonnage increased 3.9% from the previous FY with the total tonnage of 34,062 (Exhibit 1.4). Staff assumes the FY 2020-21 tonnage overall will increase 3% by the fiscal year-end and a 4% increase in the next two fiscal years. Therefore, the preliminary budgets for the Recycling Tonnage account are $2,006,800 and $2,089,200 for FY 2021-22 and FY 2022-23, respectively (Exhitbit 1.6). If the Board approves a 5.6% CPI rate increase for the next two fiscal years, the new Recycling Disposal rate will be $58.06 per ton and the FY 2021-22 and FY 2022-23 estimated costs will be $2,119,200 and $2,206,300, respectively. (Reference Exhibit 1.6) Organics Disposal- In FY 2019-20 the Recycling tonnage increased 8.6% from the previous FY with the total tonnage of 10,608 (Exhibit 1.4). Staff assumes the FY 2020-21 tonnage overall will increase 8% by the fiscal year-end and will continue the 8% increase in the next two fiscal years. Staff anticipates the implementation of the SB1383 will continue to increase the organics disposal tonnage. Therefore, the preliminary budgets for the Organics Disposal are $938,100 and $1,013,700 for FY 2021-22 and FY 2022-23, respectively (Exhibit 1.6). If the Board approves a 5.6% CPI rate increase for the next two fiscal years, the new Organics Disposal rate will be $79.89 per ton and the FY 2021-22 and FY 2022-23 estimated costs are $990,600 and $1,070,500, respectively (Exhibit 1.6). If the 5.6% CPI rate increase is approved, the estimated total costs for the Trash Hauler, Recycling Disposal and the Organics Disposal will increase $325,300 and 335,100 in FY 2021-22 and FY 2022-23, respectively (Exhibit 1.6). 8. Shredding and Cardboard Recycling events- The Board requested to see the cost's breakdown of the Shredding and Cardboard Recycling events The Management Analyst estimated the costs for the two events Shredding and Cardboard Recycling events. The Management Analyst estimated the costs for the two events below (Exhibit 1.7). While waiting for these events to take place, residents can drop-off cardboard at the Orange Coast Recycling Center year-round free of cost. The costs below are based on information obtained from the City of Newport Beach for conducting a shredding event in the city. Staff believes the location rental fee and labor costs could be reduced and/or eliminated because the City of Costa Mesa has agreed to partner with CMSD on both events. The events will be held at the City's Corporate Yard, and they have agreed to provide staffing, at city costs, to the events. Partnering with the City of Costa Mesa was suggested by the Citizens Advisory Committee after staff presented concept of both events to the Committee on March 10, 2021. 9. Board Membership Dues and Development- The California Special District Association Annual Conference and Leadership Summit are budgeted for five Board members to attend. Staff will remove the budget amount accordingly if the Board of Directors opt out on attending the conference, see Attachment A, page 11 and Attachment B, page 11 for details. Board members are members of the Solid Waste Association of North America (SWANA), which is a national organization that focuses on solid waste and recycling trends nationally. The membership cost is $1,500. Staff believes the District can cancel SWANA membership and still receive important solid waste and recycling information by being a member of the California Resource Recovery Association (CRRA) and attending the Southern California Waste Management Forum (SCWMF). Membership to CRRA is $250 and attending SCWMF is $100 annually. 10. What are the costs for each future item staff would like to budget? Total Solid Waste Waste Water 2 new Wastewater Staff $ 265,300 $ -$ 265,300 Combo Cleaning Truck 450,000 -450,000 Additional Work Stations (2) with AutoCAD (1)4,000 -4,000 Pickup Truck 75,000 -75,000 Additional County Radios (2)12,000 -12,000 Additional Nozzles with Camera (1)10,000 -10,000 Risk & Resilience Assessment (RRA)25,000 -25,000 Integrate CMMS into the CCTV setup 56,000 -56,000 Boardroom AV Upgrades - Camera Upgrades 40,000 4,000 36,000 Employee Engagement Survey 25,000 2,500 22,500 Full-time Code Enforcement 66,000 66,000 - Promotion Administrative Staff 5,000 4,000 1,000 Springbrook Cloud Upgrade 40,000 4,000 36,000 Sustainability Checklist Program 5,000 5,000 - $ 1,078,300 $ 85,500 $ 992,800 Legal Review File Attachments Attachment A FY 2021-22 Preliminary Budget.pdf (1,048 KB) Attachment B FY 2022-23 Preliminary Budget.pdf (862 KB) Attachment C - Solid Waste- General Fund- Wastewater Fund Balance Projections.pdf (893 KB) Attachment D - Fund Balance Projects If CRR 5.6 and Add't Staff Equip Added.pdf (735 KB) Attachment E - Actual Expenditures FY 2017-18 -FY 2020-21.pdf (720 KB) Attachment F - CR&R Costs History.pdf (666 KB) Attachment G - CR&R Occupancy & Tonnage History.pdf (659 KB) 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 report attachments include details for the following: 1. Attachment A - FY 2021-22 Preliminary Budget 2. Attachment B - FY 2022-23 Preliminary Budget 3. Attachment C - Solid Waste- General Fund- Wastewater Fund Balance Projections 4. Attachment D - Fund Balance Projects CRR 5.6 and Add't Staff Equip 5. Attachment E - Actual Expenditures FY 2017-18 -FY 2020-21 6. Attachment F - CR&R Costs History 7. Attachment G - CR&R Occupancy & Tonnage History Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the May 6, 2021 Board of Directors Special Meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Refer the matter back to staff for additional information. D. Closing Items Subject 1. Oral Communications & Director Comments Meeting May 6, 2021 - Board of Directors Special Meeting Access Public Type D. Closing Items Subject 2. Adjourn Meeting May 6, 2021 - Board of Directors Special Meeting Access Public Type Procedural