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Minutes - Board - 2021-09-27COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 27, 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 Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent Arlene Schafer Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Alan Burns (District Counsel), Marc Davis (District Treasurer), Gina Terraneo (Management Analyst II) Others present Mike Carey, CR&R Judith Gielow, Citizens Advisory Committee & District resident Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Ooten President Ooten called the meeting to order at 4:30 P.M. Procedural: 2. Pledge of Allegiance - President Ooten President Ooten led the Pledge of Allegiance. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 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, Director Perry, and Director Eckles were present while Secretary Schafer was not present. Procedural: 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. None 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. Citizens Advisory Committee (CAC) member and District resident, Judith Gielow, commented that it is important to educate the public about solid waste and recycling. She stated that the District receives credit from utilizing the Orange Coast College (OCC) Recycling Center. She inquired about organic and food waste and asked if animal bones are considered organic waste. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 President Ooten stated that the District will be addressing her concerns at the Solid Waste Ad Hoc Committee meeting. He noted that the committee will be discussing Senate Bill (SB) 1383 in general. CAC Member Gielow asked if brown sticks are considered green waste. District Counsel, Alan Burns, stated that public speakers have the right to their time for public comments and that the Board can ask the General Manager to respond. He added that it is not a time for cross examination. CAC Member Gielow inquired about easy methods for disposing of food waste in the Organics Recycling Cart. She asked about the location of CR&R's Materials Recovery Facility (MRF). She stated that attending public meetings is the best method for learning how to dispose of waste correctly. She recommended implementing a reward system for recognizing people who separate their waste properly. President Ooten asked if General Manager, Scott Carroll, would like to address any of CAC Member Gielow-s questions and comments. Mr. Carroll stated that he took notes and will be addressing her comments at the next Solid Waste Ad Hoc Committee meeting. Hearing no additional comments, President Ooten 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 August 10, 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 August 23, 2021 COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Adopt Warrant Resolution No. CMSD 2022-03 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2022-03 approving District warrants for the month of August in the amount of $883,645.84. Action (Consent): S. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Approve Payroll Transparency Disclosure for August 2021 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Approve the preparation of a warrant to CR Transfer in the amount of $219,527.23 for August 2021 recycling and disposal services in the September 2021 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $219,527.23 for August 2021 recycling and disposal services to be ratified in the September 2021 warrant register. Action (Consent): 8. Accept the occupancy count as presented as 23,040 and direct staff to prepare a warrant to CR&R Environmental Services for $238,775.04 for August 2021 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 23,040 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,775.04 to be ratified in the September 2021 warrant list. Action (Consent): 9. Receive and File the August 2021 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Action (Consent): 10. Receive and File the August 2021 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 11. Receive and File Fiscal Year 2020-21 Annual Compliance Report for Requirements of Government Code Section 66013 (d) for Capacity Charges Recommendation: That the Board of Directors receive and file this report. Action (Consent): 12. Approve the Investment Report for the Month of August 2021 Recommendation: That the Board of Directors approve the Investment Report for the month of August 2021. Action (Consent): 13. Receive and File the August 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 Brett Eckles. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer There was no further discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER'S REPORTS Action, Receive and File:1. Review and File the Adopted Biennial Budget Fiscal Years 2021-22 and 2022-23 Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Mr. Carroll clarified that the budget has been adopted and that this item is presenting the budget document. He noted that the budget went into effect on July 1, 2021. He stated that the District's Finance Department created a readable document for the public and posted it on the District's website. He recognized the Finance Department for their hard work. He added that the District will be using the budget document to apply for a Government Finance Officers Association (GFOA) award. He stated that the document demonstrates the District's compliance with accounting standards and best practices. President Ooten asked if this document will be submitted to the County of Orange. Director Perry asked for the District to print him a copy for his records. He stated that there is one small error in the document. President Ooten stated that the budget is fairly conservative with regard to solid waste tonnages. He expressed concern about not having a budget for SB 1383 expenses. He noted that the budget projects that the reserves will continue to decrease in the solid waste budget. He recommended performing a solid waste rate study. He expressed support for District staff and their work on the budget. Director Perry asked if SB 1383 will require the District to transition to a three -cart system. Mr. Carroll stated that they are unsure, but that it is possible the District may have to transition. He stated that a two -cart system is allowable, but CR&R must prove that materials are being processed at a "high diversion" facility. He noted that CalRecycle has yet to determine or set guidelines for a what is considered a high diversion facility. Discussion followed regarding the status of CR&R's MRF. Mr. Carroll shared that the City of Newport Beach will be instituting a three - cart system in January 2022. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Director Perry asked if the District has a plan for a three -cart system for 4- unit complexes. Mr. Carroll stated that there are issues regarding the amount of space to store a third cart. Discussion followed regarding SB 1383. President Ooten asked staff to ask CR&R about waste contamination at their MRF. He noted that some customers place their green waste in the Mixed Waste Carts. Vice President Scheafer expressed recognition for the Finance Department. He noted that there have been challenges related to the COVID-19 pandemic and that the Finance Department has done a terrific job in managing and preparing the budget. He suggested for the Solid Waste Ad Hoc Committee to discuss dirty and clean MRFs and the basic guidelines for SB 1383. There was no further discussion, and the report was received. Action: 2. Consider Giving the General Manager Authority to Auction Three (3) Portable By -Pass Pumps (Units 1007, 1008,1010) Recommendation: That the Board of Directors give the General Manager authority to auction three portable by-pass pumps: Units 1007,1008, and 1010. President Ooten introduced the item. Director Perry asked if the three portable by-pass pumps are no longer needed. Mr. Carroll stated that the District will be purchasing two new by-pass pumps. Vice President Scheafer asked if the new pumps will be Pioneer pumps. Mr. Carroll confirmed that they will be Pioneer pumps. Director Eckles inquired about the auctioning process. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Mr. Carroll stated that the District will hire an auctioneer to take the items to an auction and that they will be sold to the highest bidder. Director Eckles asked about the average lifespan of a by-pass pump. Mr. Carroll stated that the lifespan is about 10 to 15 years. Motion: To give the General Manager authority to auction three portable by- pass pumps: Units 1007, 1008, and 1010. Motion by Mike Scheafer, second by Art Perry. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer There was no further discussion. 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. District Engineer, Mark Esquer, introduced the item. Director Perry asked for a status update regarding President Pump Station. Mr. Esquer shared that the new pump station will be tested on October 6, 2021. He stated that if no problems are detected, then the old station will be turned off and no longer functional. Discussion followed regarding the details of President Pump Station. Vice President Scheafer shared that there have not been many complaints about the work being performed at President Pump Station. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Mr. Esquer noted that there were minor complaints about the park entrance being closed. He stated there will be another closure in order to pave the area. He added that there have been a few complaints about odors. President Ooten asked if the pump station is structurally sound. Mr. Esquer discussed a few improvements that need to be made to the station. There was no further discussion, and the report was received. Action: 2. Project No. 322 Iowa Force Main Replacement: Accept Improvements as Completed, File Notice of Completion, Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond Recommendation: That the Board of Directors: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded. President Ooten stated that he has not seen any cuts in the street for the Iowa Force Main Replacement. Mr. Esquer stated that he marked the District's trench scar for Mesa Water District because they are doing work near TeWinkle Middle School. He noted that the Iowa Force Main Replacement area will be repaved after the work. Director Eckles stated that the project was completed below its projected budget. He inquired about that process. Mr. Esquer stated that the District received good bids during the bidding process. President Ooten stated that the project started before it became difficult to order and receive construction materials. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Motion: To approve the following for Project No. 322 Iowa Force Main Replacement: 1. Accept improvements as completed and file a Notice of Completion; 2. Exonerate Labor and Material Bond 35 days after Notice Completion is recorded; and 3. Exonerate Faithful Performance Bond one year after Notice Completion is recorded. Motion by Art Perry, second by Mike Scheafer. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer There was no further discussion. G. TREASURER'S REPORTS None at this time. H. ATTORNEY'S REPORTS of of Action: 1. Consider Adopting Resolution No. 2021-946 Authorizing Remote Meetings Recommendation: That the Board of Directors adopt Resolution No. 2021-946 Authorizing Remote Meetings. President Ooten introduced the item. Mr. Burns stated that Assembly Bill (AB) 361 is now operative and extends the authority to conduct remote meetings if there is a state of emergency or a state or local agency has imposed or recommended social distancing. He noted that Governor Newsom has declared a state of emergency for the COVID-19 pandemic. He stated that the Board should adopt the resolution if they would like to continue with hybrid meetings. Director Perry shared that the Santa Ana River Flood Protection Agency (SARFPA) will be conducting remote meetings until the end of December 2021. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Mr. Burns stated that this resolution will need to be adopted every 30 days if the Board wishes to continue hybrid meetings. Vice President Scheafer stated that the Independent Special Districts of Orange County (ISDOC) will also be conducting remote meetings for the remainder of the year. He shared that some agencies are remodeling their boardrooms to conduct hybrid meetings. He added that, from a public convenience standpoint, he supports the resolution. President Ooten stated that the other agencies mentioned meet quarterly while the District meets monthly. Director Eckles expressed support for hybrid meetings, especially for District Study Sessions. He stated that hybrid meetings allow greater public participation and for Board members to join when they are traveling. Director Perry inquired about District staffs opinion. Mr. Carroll stated that District staff supports the resolution. Motion: To adopt Resolution No. 2021-946 authorizing remote meetings. Motion by Mike Scheafer, second by Brett Eckles. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer 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 reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day's service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 1.Orange County Sanitation District (OCSD) - (President Ooten) President Ooten stated that OCSD meetings are extensive and usually discuss construction projects. He added that meeting agendas and minutes can be found online. He noted that he is paid by OCSD to attend their meetings and does not receive payment from the District. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry shared some highlights from the SARFPA meeting. He announced that Stacy Berry resigned as Mayor Pro Tem at Cypress. He stated that SARFPA elected a new Vice Chair, Patrick Harper. He added that they discussed appropriations from Congress and noted that Congresswoman Michelle Steel has helped move appropriations for SARFPA projects. He stated that the County of Orange must produce their own share for the cost of improvements. He noted that once the project for the Westminster/Garden Grove channel is complete, then it will transition from a 20-year to a 100-year flood protection plan. He discussed various projects and stated that the next meeting will be in November 2021. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Secretary Schafer was not present to report on ISDOC. Vice President Scheafer shared that he attended the ISDOC Executive Committee meeting. He stated that there is nothing to report as the committee mainly discussed their next quarterly meeting. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer was not present to report on CSDA. S. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Scheafer had nothing to report for SDRMA. 6.Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 Vice President Scheafer shared that he attended the Orange County Council of Governments (OCCOG) meeting which discussed reports from the South Coast Air Quality Management District (AQMD). President Ooten shared that he attended the Water Advisory Committee of Orange County (WACO) meeting which discussed OCSD influent flow, the second phase of the Ground Water Replenishment System (GWRS) project, and stakeholder collaborations. He added that he attended the Costa Mesa City Council meeting in which the District was mentioned for their contribution to the Bridge Shelter. There was no further discussion. T. 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 Vice President Scheafer commented that the District has been doing a good job in promoting their programs on Facebook. He reported that a ratepayer asked him if the District's Large Item Collection Program applies to condominium residents. He added that the ratepayer is serviced by Waste Management for solid waste services. He stated that he instructed the ratepayer to discuss the issue with the City of Costa Mesa. He noted that residents who do not have the ability to schedule a free large item pickup might give their items to a District solid waste customer for the District to collect. He stated that the City should have a similar program. Mr. Carroll stated that City solid waste franchisees are supposed to provide two large item collections for their customers per year. He noted that COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 property managers may not be informing their residents of this option. He added that the City may not have the resources to inform residents. Vice President Scheafer stated that he will instruct the ratepayer to discuss the issue with his property manager or homeowner's association. He commented that some customers are not receiving return calls to schedule their large item pickups. Mr. Carroll stated that customers can use the District's app, GoCMSD, to schedule a large item pickup. He added that if a customer calls CR&R directly, then it will get scheduled over the phone. He noted that if customers use the app, then CR&R must call that customer to confirm the request. He stated that the District is working on resolving this workflow issue. CR&R Representative, Mike Carey, confirmed that they are currently working on that issue. President Ooten asked Mr. Carey if he can provide the criteria for a high capacity MRF at an upcoming Study Session. Mr. Carey stated that he can provide that information at the next Study Session or Solid Waste Ad Hoc Committee meeting. He noted that there is some ambiguity in how they are currently defined. Director Eckles asked District staff to respond to Ms. Gielow's questions via email before the next Solid Waste Ad Hoc Committee meeting. Mr. Carroll confirmed that he will respond to her questions. President Ooten commented that there are a lot of different alternatives for the District's website and that he is not adept at social media. He stated that he will share his concerns with District staff. There was no further discussion. M. ADJOURN TO CLOSED SESSION No closed session. COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 27, 2021 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, October 25.,2021. President Ooten adjourned the meeting at 5:27 P.M. Artene Schafer Secretary Bob Ooten President