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Minutes - Board - 2021-08-23COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING AUGUST 23, 2021 Note: This meeting was conducted utilizing teleconferencing pursuant to Government code Section 54952.2 and the Governor's Executive Orders in effect waiving some of the requirements of that Section. Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Information Officer), Alan Burns (District Counsel), Marc Treasurer), Kaitlin Tran (Finance Manager), Dyana Bojarski Services Manager), Gina Terraneo (Management Analyst II) Others present Mike Carey, CR&R Judith Gielow, Citizens Advisory Committee & District resident Seth Greiner, Citizens Advisory Committee & District resident Jay Humphrey, District resident Arman Nemati Meeting called to order at 4:31 P.M. A. OPENING ITEMS Procedural: 1. Call to Order — President Ooten Clerk & Public Davis (District (Administrative COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 President Ooten called the meeting to order at 4:31 P.M. Procedural: 2. Pledge of Allegiance — President Ooten President Ooten led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Scheafer Vice President Scheafer led the Invocation. Procedural: 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) District Clerk and Public Information Officer, Noelani Middenway, conducted roll call and noted that President Ooten, Vice President Scheafer, Secretary Schafer, Director Perry, and Director Eckles were present. Procedural: S. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. None at this time. Procedural: 6. Ceremonial Matters and Presentations. None at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. District resident, jay Humphrey, commented about CR&R Environmental Services' trash service. He stated that CR&R has failed three times to service the Organics Recycling Carts on his street. He added that, after the first missed service, CR&R came the next day to pick up the carts. He noted that COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 the second missed service was during the week of the 4th of July holiday and that the third missed service occurred a few weeks ago. He stated that CR&R received at least 10 calls from the residents on his street regarding the missed pickups. He shared that, when he called CR&R regarding the third instance, CR&R's customer service was very helpful and patient. He stated that CR&R's route manager visited his residence to explain the issue. He added that last week the CR&R truck driver only serviced one side of his street. He shared that his wife reported this issue to CR&R's route manager and that the CR&R truck driver returned 2.5 hours later to service his side of the street. He stated that he understands if trash trucks break down, but that it is unacceptable for CR&R to miss his street three times. He reported that the District resolved the issue by contacting CR&R's route manager, but that CR&R should be responsible for rectifying the problem. He proposed that CR&R may not have enough staff to ensure service. Director Eckles asked General Manager, Scott Carroll, if he is aware of this issue on Mr. Humphrey's street. Mr. Carroll stated that he is aware of the issue on Sandalwood Street. Mr. Humphrey commented on District staff s follow-up efforts. Director Eckles stated that the District had a presentation from CR&R at the August Study Session and noted that this issue is citywide. He shared that the District has instituted some performance measure metrics to hold CR&R accountable and fix service issues. President Ooten stated that the Board will take Mr. Humphrey's comments under advisement. He added that the Board does not need to respond right now but can add this discussion to a future meeting. District Counsel, Alan Burns, stated that the Board should not debate this matter during the public comments section of the meeting. He noted that the General Manager can respond, but the Board can place this item on a future meeting agenda. Director Perry asked Mr. Carroll if the District has a phone number available for Mr. Humphrey to contact. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 Mr. Carroll stated that there is a CR&R phone number available for customers, but the issue is that they are not being connected to a CR&R representative. As a result, he noted that customers call the District instead. He reported that the City of Newport Beach and other customers are experiencing the same issue with CR&Ws customer service team. Secretary Schafer asked if these missed pickups occurred within a two -week period. Mr. Humphrey stated that one occurred during the week of 4th of July and another occurred a few weeks ago. President Ooten reiterated that the Board can add this discussion item to a future meeting agenda. Hearing no additional comments, he closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of July 13, 2021 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of July 26, 2021 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 4. Approve the Board of Directors Special Meeting Minutes of July 30, 2021 Recommendation: That the Board of Directors approve the meeting minutes as presented. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 Action (Consent): S. Adopt Warrant Resolution No. CMSD 2022-02 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2022-02 approving District warrants for the month of July in the amount of $2,092,601.62. Action (Consent): 6. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 7. Approve Payroll Transparency Disclosure for July 2021 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 8. Approve the preparation of a warrant to CR Transfer in the amount of $211,669.18 for July 2021 recycling and disposal services in the August 2021 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $211,669.18 for July 2021 recycling and disposal services to be ratified in the August 2021 warrant register. Action (Consent): 9. Receive and File Annual Report of Expenses - Fiscal Year 2020-21 Recommendation: That the Board of Directors receive and file the Annual Report of Expenses for the Fiscal Year 2020-21. Action (Consent): 10. Accept the occupancy count as presented as 23,039 and direct staff to prepare a warrant to CR&R Environmental Services for $238,764.68 for July 2021 collection Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $238,764.68 for July 2021 recycling and disposal services to be ratified in the August 2021 warrant register. Action (Consent): 11. Receive and File the July 2021 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 12. Receive and File the July 2021 Solid Waste Diversion Report COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 Recommendation: That the Board of Directors receive and file this report. Action (Consent):13. Approve the Investment Report for the Month of July 2021 Recommendation: That the Board of Directors approve the Investment Report for the month of July 2021. Action (Consent): 14. Receive and File the July 2021 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER'S REPORTS None at this time. F. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File the Capital Improvement Projects Status Report Recommendation: That the Board of Directors receive and file the Capital Improvement Status Report. Mr. Carroll presented the item and stated that he is available to answer any questions. Director Perry asked if the location of the 19th Street Force Main is at the end of 19th Street. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 Mr. Carroll confirmed that it is located at the end of the street closer to Newport Boulevard. There was no further discussion, and the report was received. Action: 2. Consider Approving Agreement with Robin B. Hamers & Associates for Engineering, Inspection, and Contract Administration Services Recommendation: That the Board of Directors approve the Agreement with Robin B. Hamers & Associates, Inc. for Engineering, Inspection, and Contract Administration Services. Mr. Carroll presented report details. He stated that this agreement is expected to expire next week. He added that the new agreement is for three years with the option for two one-year extensions. He discussed the working relationship between the District Engineer and Robin B. Hamers & Associates (RBH). He reported that RBH's rate of $115 to $130 dollars is substantially less than most engineering firms. Director Eckles asked about the dollar amount of the previous agreement with RBH. Mr. Carroll stated that he does not have that information, but that he will provide it to the Board later. Director Eckles stated that the agreement says RBH's rate is less than the market value. He asked where the District retrieved this information. Mr. Carroll stated that the information was gathered from previous requests for proposals (RFPs) released by the District and from the District's own assessment of industry rates. Director Eckles asked about the last time the District received a bid for this type of work. Mr. Carroll stated that the District received one this month for surveying. Director Eckles asked why the District has not put this agreement out to bid. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 Mr. Carroll stated that the District can put it out to bid, but that he is not confident that the District will find another firm at a lower cost. Director Eckles asked if the District is required to put this agreement out to bid. Mr. Carroll stated that the District can issue a sole source agreement for public works. He noted that the District has always sole sourced engineering services because RBH's rate is so low. Mr. Burns stated that the District cannot strictly bid engineering service to accept the lowest bidder. He discussed RBH's institutional knowledge of District functions. He stated that the District can put this agreement out to request for proposals (RFP) if the Board would like to do so. President Ooten stated that bidding may be the wrong term. He added that District Engineer, Mark Esquer, worked for the Orange County Sanitation District (OCSD) for over 25 years and is intimately familiar with the various engineering rates. Secretary Schafer asked if the District has a general benchmark for rates. Mr. Carroll stated that District staff can research other public agencies and their hourly rates. Vice President Scheafer noted that the agreement is not signed by RBH, but he assumes that the principal engineer at RBH has approved of the agreement. Motion: To approve the Agreement with Robin B. Hamers & Associates, Inc. for Engineering, Inspection, and Contract Administration Services. Motion by Art Perry, second by Mike Scheafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 G. TREASURER'S REPORTS None at this time. H. ATTORNEYS REPORTS Action: 1. Consider Adopting Resolution No. 2021-945 - Determining If a Sewer System Overflow occurring on or about February 25 and February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the responsibility of the owner or other persons, whether the owner should have been provided an opportunity to self -abate the spill, and whether the charges of the abatement were reasonable. Recommendation: That the Board of Directors considers adopting Resolution No. 2021-945 - Determining If a Sewer System Overflow occurring on or about February 25 and February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the responsibility of the owner or other persons, whether the owner should have been provided an opportunity to self -abate the spill, and whether the charges of the abatement were reasonable. Mr. Burns presented report details regarding findings and conclusions related to the sewer spill near 1826 Pomona Avenue. He stated that this item is the memorialization of the Board's action on July 30, 2021 after the public hearing. He noted that the resolution memorializes the Board's decision to deny the continuance, sets forth the Board's findings as to why the spill was caused by the property owner, and confirms that the charges were reasonable. He added that, if the resolution is approved, then it will be served to the owner and the charges will be placed on the tax roll if the owner chooses not to pay. Vice President Scheafer asked if District staff has been contacted by the property owner after the public hearing. Mr. Carroll stated that District staff has not received a response from the property owner. Motion: To adopt Resolution No. 2021-945, determining if a sewer system overflow occurring on or about February 25 and February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the responsibility of the COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 owner or other persons, whether the owner should have been provided an opportunity to self -abate the spill, and whether the charges for the abatement were reasonable. Motion by Art Perry, second by Mike Scheafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion on this item. Mr. Burns stated that he has two other brief items to discuss. He shared that two public works cases were recently decided that determined when to pay prevailing wages on construction cases. He discussed the cases, which were both rejected by the California Supreme Court. He also provided an update on the Voting Rights Act litigation. Vice President Scheafer asked if the Voting Rights Act litigation will have an impact on special districts' division boundaries. Mr. Burns stated that the boundaries may remain status quo or be thrown out. Vice President Scheafer asked about the District, in particular, since half of the Board has been elected by divisions. Mr. Burns stated that he is not sure what will happen to the two Board members that have been elected by division, but he stated that the District can decide to return to at -large voting. Discussion followed regarding the Voting Rights Act. Secretary Schafer shared that the California Special Districts Association (CSDA) has been working on redistricting legislation. Mr. Burns shared that he has been working with CSDA on this issue. There was no further discussion. I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 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. 1. Orange County Sanitation District (OCSD) - (President Ooten) President Ooten shared that he has not been to many meetings this month. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry shared that SARFPA did not meet this month. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer shared that she attended the ISDOC meeting and noted that they are scheduled to have an in -person meeting on October 28, 2021, and the topic will be mental health in the workplace. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer shared that CSDA is working on developing a new chapter. She reported that CSDA's membership retention rate is 92%. 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Scheafer shared that SDRMA had their Board meeting last week. He stated that they passed their annual budget. He added that they discussed liability and workers' compensation rates. He shared that he attended the Safety and Loss Prevention meeting with District staff members, Dyana Bojarski and Tony Gomez. Mr. Carroll stated that he received Ms. Bojarski's report on the meeting today. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 Vice President Scheafer shared that SDRMA will be hosting a breakfast meeting this Wednesday at the CSDA conference, giving out their safety awards, and recognizing a SDRMA Board member. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Secretary Schafer shared that she attended the Alliance meeting on August 5, 2021 which discussed CSDA and SDRMA. She shared that she also attended the Liaison Committee meeting last month. Vice President Scheafer shared that he attended the Water Advisory Committee of Orange County (WACO) meeting, in which the Yorba Linda Water District discussed what they have done to help with the California fires. Director Perry stated that he turned in written reports about the meetings he attended. Secretary Schafer shared that she attended the WACO meeting also. Vice President Scheafer and President Ooten shared that they attended Orange County Supervisor Foley's meeting for elected officials on August 18, 2021. There was no further discussion. 1. OLD BUSINESS None at this time. K. NEW BUSINESS None at this time. L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 President Ooten asked if Mr. Carroll will be sharing the report from the SDRMA's Safety and Loss Prevention meeting. Mr. Carroll stated that he will be sharing that report with the Board. Secretary Schafer asked if the Code Enforcement position will transition to full-time status. Mr. Carroll stated that District staff has not made that decision yet, as they are still evaluating how to enforce SB 1383. Vice President Scheafer asked if there is currently a contractor working onsite at District Headquarters. Mr. Carroll stated that surveying is being done on the property to denote District property versus City of Costa Mesa property. Director Eckles commented on the public comments submitted earlier in the meeting. He stated that the District instituted performance metrics and received a report from CR&R a few weeks ago. He asked for a monthly report on customer complaints, timeliness of response, number of items resolved, and resolution time. He asked for District staff to discuss the number of CR&R customer service representatives. President Ooten stated that it is important for the District to know if other local agencies are experiencing issues. He noted that he would like to see that data added into CR&R's monthly report. Mr. Burns commented that this section of the meeting is for brief comments. He recommended saving this topic as a discussion item for a future meeting. President Ooten asked if CR&R's most recent report was issued privately or publicly. Mr. Carroll stated that the report was presented to the public. He noted that it was an item on a previous Study Session agenda. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 23, 2021 President Ooten requested for monthly status reports of CR&Ws performance. Secretary Schafer commented that she was under the impression that the three CR&R staff members that were present at the August Study Session would be attending all Board meetings. Mr. Carroll stated that CR&R representative, Mike Carey, is present to address any issues. Mr. Carey confirmed that he was in attendance. Secretary Schafer asked if Mr. Carey will be attending all Board meetings. Mr. Carey stated that he has been and will continue to attend all Study Sessions and Board meetings. There was no further discussion. M. ADJOURN TO CLOSED SESSION No closed session. N. RECONVENE TO OPEN SESSION AND REPORT OF ACTION TAKEN No closed session. O. CLOSING ITEMS Procedural: 1. Adjourn - The next meeting of the Costa Mesa Sanitary District Board of Directors will be held on Monday, September 28, 2021. President Ooten adjourned the meeting at 5:22 P.M. Arlene Schafer Secretary I A ' ' (L�L LI-ci Bob Ooten President