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2021_11_22_boardMonday, November 22, 2021 Board of Directors Regular Meeting Time: 4:30 P.M. IMPORTANT NOTICE REGARDING NOVEMBER 22, 2021 REGULAR BOARD MEETING This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). *** 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 - 832 0989 2356 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 832 0989 2356# 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 1. Call to Order - President Ooten 2. Pledge of Allegiance - President Ooten 3. Invocation - Vice President Scheafer 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.) 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. 6. Ceremonial Matters and Presentations 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. 1. Public Comments C. ADJOURN TO CLOSED SESSION 1. Conference with Legal Counsel- Existing Litigation (Gov. Code §54956.9(d)(1)) Steve Hodges v. Costa Mesa Santiary District, et al. OCSC #30-2019-01102477-CU-OE-CJC D. RECONVENE TO OPEN SESSION 1. Report Out of Closed Session E. 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. 1. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of October 12, 2021 3. Approve the Board of Directors Regular Meeting Minutes of October 25, 2021 5. Approve the Directors' Compensation and Reimbursement of Expenses 6. Approve Payroll Transparency Disclosure for October 2021 7. Accept the occupancy count as presented as 23,042 and direct staff to prepare a warrant to CR&R Environmental Services for $238,795.77 for October 2021 collection 8. Receive and File the October 2021 Solid Waste Diversion Report 9. Receive and File the October 2021 Organics Tonnage Report 10. Approve the preparation of a warrant to CR Transfer in the amount of $190,158.61 for October 2021 recycling and disposal services in the November 2021 warrant register 11. Receive and File October 2021 Contracts Signed by the General Manager F. PUBLIC HEARINGS 4. Adopt Warrant Resolution No. CMSD 2022-05 Approving District Warrant Registers G. GENERAL MANAGER'S REPORTS 1. Receive and File Results of the 2021 Citizen Survey 2. Consider Adopting Ordinance No. 133 - Implementing the Requirements of Senate Bill 1383 (Mandatory Organic Waste Disposal Reduction) 3. Consider Giving the General Manager Authority to Auction One Forklift 4. Review and Comment on CR&R Environmental Services Christmas Tree Recycling Program H. ENGINEER'S REPORTS 1. Consider Rejecting the Insituform Technologies Bid as Non-Responsive and Awarding a Contract to Sancon Technologies, Inc. for the Project 328 DIP Rehabilitation Phase II 2. Receive and File the Monthly Capital Improvement Projects Status Report I. TREASURER'S REPORTS J. ATTORNEY'S REPORTS 1. Consider Adopting Resolution No. 2021-948 Authorizing Remote Meetings K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request  of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030.  For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. 1. Orange County Sanitation District (OCSD) - (President Ooten) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) 4. California Special Districts Association (CSDA) - (Secretary Schafer) 5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 L. OLD BUSINESS M. NEW BUSINESS N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments O. CLOSING ITEMS 1. Adjourn Monday, November 22, 2021 Board of Directors Regular Meeting Time: 4:30 P.M. IMPORTANT NOTICE REGARDING NOVEMBER 22, 2021 REGULAR BOARD MEETING This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). *** 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 - 832 0989 2356 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 832 0989 2356# 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 Ooten Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 2. Pledge of Allegiance - President Ooten Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 3. Invocation - Vice President Scheafer Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, Director 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 Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural 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 Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural A. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural 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 Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural C. ADJOURN TO CLOSED SESSION Subject 1. Conference with Legal Counsel- Existing Litigation (Gov. Code §54956.9(d)(1)) Steve Hodges v. Costa Mesa Santiary District, et al. OCSC #30-2019-01102477-CU-OE-CJC Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type D. RECONVENE TO OPEN SESSION Subject 1. Report Out of Closed Session Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type E. 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 Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Consent Calendar as presented. 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: November 22, 2021 Subject: Approve the Board of Directors Study Session Minutes of October 12, 2021 Summary The recorded minutes of the October 12, 2021 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 on October 12, 2021. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes 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 Subject 2. Approve the Board of Directors Study Session Minutes of October 12, 2021 Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Oct 12, 2021 - Board of Directors Study Session Copies of this report are on file and will be included in the complete agenda packet for the November 22, 2021 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2021_10_12_ss.pdf (99 KB) 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: November 22, 2021 Subject: Approve the Board of Directors Regular Meeting Minutes of October 25, 2021 Summary The recorded minutes of the October 25, 2021 Board of Directors Regular Meeting are 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 October 25, 2021. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes 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 Subject 3. Approve the Board of Directors Regular Meeting Minutes of October 25, 2021 Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Oct 25, 2021 - Board of Directors Regular Meeting Copies of this report are on file and will be included in the complete agenda packet for the November 22, 2021 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2021_10_25_rm.pdf (129 KB) 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Autumn Alvarez, Accounting Clerk Date: November 22, 2021 Subject: Adopt Warrant Resolution No. CMSD 2022-05 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 approve and file the report. 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 Subject 4. Adopt Warrant Resolution No. CMSD 2022-05 Approving District Warrant Registers Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Budgeted Yes Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2022-05 approving District warrants for the month of October in the amount of $774,340.04. 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 November 22, 2021 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 2021-05.pdf (379 KB) 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk & Public Information Officer Date: November 22, 2021 Subject: Directors' Compensation and Reimbursement of Expenses Summary The Directors' Compensation and Reimbursement of Expenses are 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 expenses 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 in the complete agenda packet for the November 22, 2021 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as presented. 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 director_compensation_oct.pdf (1,262 KB) 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Autumn Alvarez, Accounting Clerk Date: November 22, 2021 Subject: Approve Payroll Transparency Disclosure for October 2021 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 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 Subject 6. Approve Payroll Transparency Disclosure for October 2021 Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Fiscal Impact Yes Budgeted Yes Recommended Action That the Board of Directors approve and file the report. Copies of this report are on file and will be included with the complete agenda packet for the November 22, 2021 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 Nov 2021.pdf (120 KB) 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: November 22, 2021 Subject: Accept the occupancy count as presented as 23,042 and direct staff to prepare a warrant to CR&R Environmental Services for $238,795.77 for October 2021 collection. Summary Accept the occupancy count as presented using 23,042 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,795.77 to be ratified in the November 2021 warrant list. Recommendation That the Board of Directors accept the occupancy count as presented using 23,042 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,795.77 to be ratified in the November 2021 warrant list. Analysis The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop and pick-up trash. The District pays CR&R $10.3635 per occupant, per month. Each month, new residential customers in brand-new developments contact the District to establish new trash service. District staff contacts CR&R to approve the drop-off of carts at the residence, which results in an increase in the occupancy count as shown on the attached list. As of October 31, 2021, total District occupancy was at 23,042 with four (4) new accounts added and two (2) accounts removed since the last billing period. District staff will continue to track the number of new service Subject 7. Accept the occupancy count as presented as 23,042 and direct staff to prepare a warrant to CR&R Environmental Services for $238,795.77 for October 2021 collection Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors accept the occupancy count as presented using 23,042 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for October 2021 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $$238,795.77 to be ratified in the November 2021 warrant list. addresses. The payment calculation is based on the following: District's Current Rate for October 2021: 23,042 x $10.3635 =$238,795.77 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 to pay for the services provided. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the November 22, 2021 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. File Attachments 2021-10-G CMSD Occupancy Report.pdf (111 KB) 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: November 22, 2021 Subject: Receive and File the October 2021 Solid Waste Diversion Report Summary Per direction from the Board of Directors the monthly solid waste diversion report has been temporarily suspended due to inaccurate data as a result from the COVID-19 pandemic. Recommendation That the Board of Directors receive and file this report. Analysis Per direction from the Board of Directors at the April 14, 2020 Study Session meeting, the monthly solid waste diversion report has been temporarily suspended. Due to the COVID-19 pandemic, CR&R Environmental Services temporarily suspended their recycling processing at their Stanton Materials Recovery Facility (MRF) where the District's mixed waste is processed from March to September 2020. Below is a chart of all solid waste collected over the last seventeen years. Subject 8. Receive and File the October 2021 Solid Waste Diversion Report Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. File Attachments Tonnage.png (41 KB) Legal Review Not applicable. Environmental Review Consideration of the Solid Waste Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. 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 November 22, 2021 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: November 22, 2021 Subject: Receive and File the October 2021 Organics Tonnage Report Summary A total of 736.86 tons of organic waste were collected in October 2021. Recommendation That the Board of Directors receive and file this report. Analysis Below is a graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years. Additionally, a graph is included breaking down the total tonnage collected and how much material was recycled and landfilled from the organics program. Subject 9. Receive and File the October 2021 Organics Tonnage Report Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report. File Attachments Organics.png (7 KB) Organics Tonnage.png (20 KB) Legal Review Not applicable. Environmental Review Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. 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 November 22, 2021 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. 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. 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. To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: November 22, 2021 Subject: Approve the preparation of a warrant to CR Transfer in the amount of $190,158.61 for October 2021 recycling and disposal services in the November 2021 warrant register Summary This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill. With the implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks. Recommendation That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $190,158.61 for October 2021 recycling and disposal services to be ratified in the November 2021 warrant register. Analysis Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and Newport Beach. Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are marked by an asterisk below. Type of Waste InvoiceTonnage Rate Amount Billed Residential Waste - Costa Mesa 41903 1,233.88 $54.98$67,838.74* Residential Waste - Costa Mesa 41947 1,152.58 $54.98$63,368.85 Residential Waste - Newport Beach41904 29.46 $54.98$1,619.70* Residential Waste - Newport Beach41948 28.88 $54.98$1,587.83* Total Residential Waste 2,444.80 $134,415.12 Organics 41937 406.62 $75.65$30,760.82* Subject 10. Approve the preparation of a warrant to CR Transfer in the amount of $190,158.61 for October 2021 recycling and disposal services in the November 2021 warrant register Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $190,158.61 for October 2021 recycling and disposal services to be ratified in the November 2021 warrant register. Organics 41980 330.24 $75.65$24,982.67* Total Organics 736.86 $55,743.49 Grand Total 3,181.66 $190,158.61 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 to pay for the services provided. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 22, 2021 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. 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. 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. To: Board of Directors From: Scott Carroll, General Manager Date: November 22, 2021 Subject: Receive and File October 2021 Contracts Signed by the General Manager Summary At the January 24, 2019 Board 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 months of October 2021. Recommendation That the Board of Directors receive and file this report. Analysis Below are the contracts signed by the General Manager in the month of October 2021: Contracts 1. Operational Technical Services – Hire temporary Wastewater Maintenance Worker I. Cost: $90 per hour 2. Acorn Technology Services - Conduct system remediation, hardware replacement, and security enhancements. Cost: $76,392.22 3. Esri - License renewal for GIS. Cost: $5,421.23 Purchase Orders 1. Hadronex, Inc. - Smart cover renewal and warranty. Qty: 14. Cost: $19,250 2. Lifecom Inc. – Confined space winch. Qty: 1. Cost: $1,252.15 3. Xylem Water Solutions - One submersible pump for Mendoza Pump Station. Cost: $13,021 4. BC Traffic Specialist - 13 traffic cone signs. Cost: $161.09 5. EBS Utilities Adjusting - Replace two sewer manhole cover and frames. Cost: $4,800 Legal Review All contracts are reviewed and approved by District Counsel before contracts are executed. Environmental Review Subject 11. Receive and File October 2021 Contracts Signed by the General Manager Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors receive and file this report Goals 6.0 Administrative Management Providing the Board of Directors a monthly list of contracts signed by the General Manager is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review There is adequate funding in the budget for the expenses referenced above. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 22, 2021 Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Direct staff to report back with more information. 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. G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: November 22, 2021 Subject: Receive and File Results of the 2021 Citizen Survey Summary The District entered into an agreement with True North Research, of Encinitas California, to conduct a community- wide citizen survey for research and analysis. The purpose of the survey is to seek level of satisfaction feedback from District ratepayers and to assess solid waste ratepayers' level of satisfaction with the current two-cart system and to acquire their level of acceptance for replacing the two-cart system with a three-cart system. Recommendation That the Board of Directors receive and file the results of the 2021 Citizen Survey from True North Research and provide direction to staff. Analysis The District solicited a request for proposals from qualified public research firms to conduct a community-wide citizen survey for research and analysis. A contract was awarded to True North Research where the firm is responsible for identifying and interviewing, via cellular, telephone, email and/or text, 1,000 ratepayers within District jurisdiction. In fact, True North surpassed the goal of 1,000 ratepayers by successfully interviewing 1,129 ratepayers. True North is ensuring a 95% confidence rating in the survey findings with a five point plus or minus variance. On September 8, 2021, the Citizens Advisory Committee (CAC) received a presentation about the survey methodology and work plan, asked questions and submitted suggested questions for the survey. On September 14, 2021, the Board of Directors received the same at a study session meeting. Dr. Timothy McLarney, President of True North Research, will be presenting the findings and results of the survey. Some key findings of survey are follows: 87% of those surveyed had heard of the Costa Mesa Sanitary District prior to taking the survey. Although 30% of customers didn’t have an opinion of the District (favorable/unfavorable), among those that did the percentage with favorable opinions (61%) exceeded those with unfavorable opinions (9%) by a ratio of 6:1. 79% reported that they were satisfied with the District’s efforts to provide sewer and wastewater services to their household, with just 4% dissatisfied and the remainder unsure/NA. Subject 1. Receive and File Results of the 2021 Citizen Survey Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Fiscal Impact Yes Dollar Amount $38,530.00 Budgeted Yes Recommended Action That the Board of Directors receive and file the results of the 2021 Citizen Survey from True North Research and provide direction to staff. Goals 5.0 Community Outreach & Communications 79% reported that they were satisfied with the District’s efforts to provide trash services to their household, with 19% dissatisfied and 2% unsure Although most customers (71%) report being satisfied with the 2-cart system, a majority (58%) support moving to a 3-cart system (31% opposed). The survey findings and results will be presented to the CAC on January 12, 2022. Legal Review Not applicable. Environmental Review Providing comments and questions for a community wide citizen survey is an administrative matter that will not result in direct or indirect physical changes in the environment and is not considered a "project". Financial Review The cost for True North Research to conduct a community-wide citizen survey research and analysis is $38,530. The District budgeted $40,000 in the FY 2021-22 Budget for this project. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 22, 2021 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information. File Attachments Costa Mesa Sanitary District 2021 Customer Survey Report v1T.pdf (1,205 KB) Costa Mesa Sanitary District Survey - Board Presentation v1T.pptx (894 KB) G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: November 22, 2021 Subject: Consider Adopting Ordinance No. 133 - Implementing the Requirements of Senate Bill 1383 (Mandatory Organic Waste Disposal Reduction) Summary In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (Senate Bill 1383 Lara, Chapter 395, Statutes of 2016) in a state-wide effort to reduce emissions of short-lived climate pollutants (SLCP). Senate Bill 1383 (SB1383), otherwise known as the Short-lived Climate Pollutant Reduction Act of 2016, directs the Department of Resources Recycling & Recovery (CalRecycle) to adopt regulations and requirements to achieve state-wide goals including a goal to reduce organic waste disposal into landfills by 50 percent by 2020 and 75 percent by 2025 and increase edible food recovery by 20 percent by 2025. Recommendation That the Board of Directors adopt Ordinance No. 133 Implementing the Requirements of Senate Bill 1383 (Mandatory Organic Waste Disposal Reduction) Analysis On January 1, 2022, municipalities and county agencies will be responsible for implementing SB 1383. Per the regulations, municipalities and county agencies must: Provide organic waste collection to all residents and businesses. Establish a food recovery program to recover edible food from the waste stream and redistribute it for consumption. Conduct outreach and education to all affected parties, including waste generators, haulers, facilities, edible food recovery organizations and City departments. Conduct Capacity Planning: Evaluate the City’s readiness to implement SB 1383 including organics collection, recycling and edible food recovery capacity. Procure recycled organic waste products like compost, mulch, and renewable natural gas (RNG) and electricity. Inspect and enforce compliance with SB 1383. Maintain accurate and timely records of SB 1383 compliance Subject 2. Consider Adopting Ordinance No. 133 - Implementing the Requirements of Senate Bill 1383 (Mandatory Organic Waste Disposal Reduction) Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors adopt Ordinance No. 133 Implementing the Requirements of Senate Bill 1383 (Mandatory Organic Waste Disposal Reduction) Goals 2.0 Solid Waste 2.1 Solid Waste - Focus on generating less contaminated materials 2.8 Solid Waste - Recycle green waste and food scraps Even though the main burdens for complying with the new law fall on cities and counties, the law does apply to special districts. Special districts are specifically called out in Regulations 18982, (a)(36). (“Jurisdiction” includes a special district that provides solid waste collection services.). CMSD will need to coordinate our efforts with the Cities of Costa Mesa, Newport Beach, the County of Orange and CR&R Environmental Services to ensure everyone is in compliance with the new law, or we could face fines from CalRecycle for being non-compliant that could be as high as $10,000 per day. CMSD efforts to assist with compliance will include, but not limited to the following: 1. Provide curbside organic waste collection services to all CMSD solid waste rate payers. 2. Transport organic waste material to a facility that recovers organic waste. 3. Conduct public outreach regarding the Short-lived Climate Pollutant Reduction Act by providing educational materials to CMSD solid waste rate payers. 4. Inspect and investigate curbside containers, collection vehicle loads, and/or processing facilities to confirm compliance. 5. Receive anonymous complaints about potential non-compliant with SB 1383. 6. Enforcement by issuing Notice of Violations and potentially issuing administrative citations. In order to provide the services mentioned above, CMSD will need to adopt a mandatory organic waste disposal reduction ordinance that will amend the District's Operations Code so that the Code is consistent with new state regulations. Attached is the first draft ordinance for adopting a mandatory organic waste disposal reduction program. On October 5, 2021, the City of Costa Mesa City Council received their first reading of the City's SB 1383 ordinance, and they officially adopted the ordinance on October 19, 2021. Click here to read the City's staff report and ordinance. On November 16, 2021, the City of Newport Beach City Council received their first reading of the City's SB 1383 ordinance, and they will officially adopt the ordinance on November 30. Click here to read the City's staff report and ordinance (Page 16 of City Council agenda). On October 22, 2021, CMSD's Solid Waste Ad Hoc Committee reviewed and commented on the proposed ordinance. Suggestions made during the committee meeting are identified in the attached draft version of the ordinance. On November 9, 2021, the draft version of the ordinance was presented to the Board of Directors during a study session meeting. Public member, Mr. Jim Mosher, made edits and comments to the draft ordinance and provided those edits and comments to the Board at your November 9 study session meeting. On November 10, 2021, the Citizens Advisory Committee reviewed the draft version of the ordinance as well as edits and comments from Mr. Mosher. The CAC unanimously recommended the Board adopt the ordinance that included Mr. Mosher's edits. CR&R Environmental Services has reviewed and approved the ordinance with no comments. Legal Review District Counsel has reviewed and edited the attached ordinance. Environmental Review The adoption of an ordinance requiring that organics be processed in a more environmentally friendly manner (which will reduce greenhouse gas emissions) would be exempt from CEQA review by 14 Cal Code Regs §15308, as an action by a regulatory agency to protect the environment. Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal. App. 4 209.) Financial Review Staff believes the District will incur costs for implementing the ordinance. Specifically, costs for providing public outreach, inspections and investigations and possibly enforcement (the District is still in discussion Cities of Newport Beach and Costa Mesa on who will be responsible for enforcing violations from residential rate payers). Staff is negotiating with CR&R Environmental Services on providing public outreach, inspection and investigation services and staff believes CR&R can commit twenty hours a week to SB 1383 because Section 9.3.A of their existing contract with CMSD states: "HAULER's Sustainability Coordinator will dedicate approximately 20 hours a week promoting Solid Waste diversion programs in CMSD." th The exact dollar amount CMSD will spend for implementing the attached ordinance is still being determined. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the November 22, 2021 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not adopt the ordinance and direct staff to report back on December 14, 2021 with more information. File Attachments Proposed CMSD Ordinance 4rd Draft with Mosher & Burns Comments.docx (70 KB) Proposed CMSD Ordinance FINAL.docx (54 KB) G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: November 22, 2021 Subject: Consider Giving the General Manager Authority to Auction One Forklift Summary When the Robin Hamers Yard was completed in 2010, the District acquired one ten-year old Mitsubishi forklift. The forklift is now over twenty years old and at the end of its useful life. Recommendation That the Board of Directors give the General Manager authority to auction forklift. Analysis A forklift is needed at the yard to lift heavy objects (e.g. composite manholes, pumps, etc.) to be stored on the Yard's second floor and/or on high level storage shelves. The forklift is also used to transport the sandbag station for public use during inclement weather conditions. The existing Mitsubishi forklift is over twenty years old and no longer operational. The forklift can not be repaired due to parts of the forklift being obsolete. Until a replacement is acquired, the District is renting forklifts as needed. The Mitsubishi forklift is not in service; therefore, staff recommends auctioning the forklift. Legal Review Not applicable Environmental Review The sale of a portable generator is not a project under CEQA. Approval of the sale of surplus property does not have reasonably foreseeable environmental impacts. Friends of the Sierra R.R. v. Tuolumne Park & Recreation Dist. (2007) 147 Cal. App. 643. Financial Review The Mitsubishi forklift was purchased in 2010 for $7,000. Due to the age of the forklift, staff anticipates receiving minimal compensation (less than $5,000) for the equipment. A new forklift costs $36,000-$46,000 and was not included in the budget. There is only $8,800 in the Asset Replacement Fund to replace the forklift. A new forklift is included in the Wastewater Rate Study. Staff plans to purchase a new forklift in FY2022-23. Public Notice Process Subject 3. Consider Giving the General Manager Authority to Auction One Forklift Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors give the General Manager authority to auction forklift. Goals 6.0 Administrative Management Copies of this report are on file and will be included with the entire agenda packet for the November 22, 2021 regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Do not auction the forklift and direct staff to report back with more information. G. GENERAL MANAGER'S REPORTS To: Board of Directors From: Scott Carroll, General Manager Date: November 22, 2022 Subject: Review and Comment on CR&R Environmental Services Christmas Tree Recycling Program Summary Last year, due to driver shortage as a result of the COVID-19 pandemic, residents experienced significant delays having their Christmas trees collected from the curb and recycled. The District received 101 complaints regarding delayed Christmas tree collections, but staff believes the number of delays could be much larger. The Board of Directors requested CR&R to give a report tonight on how they will ensure delays will not be repeated from last year. On July 14, 2021, the Board of Directors established a goal for CR&R to reduce the number of missed Christmas tree collections by 95% from 2020 Christmas Tree Recycling Program. To achieve this goal the District will have to receive no more than five complaints. Julie Barreda, CR&R's Regional Vice President, will be giving an oral report regarding CR&R's Christmas Tree Recycling Plan. Recommendation That the Board of Directors ask questions about the proposed Christmas Tree Recycling Plan and receive and file this report Analysis Julie Barreda, CR&R's Regional Vice President, will be giving an oral report regarding CR&R's Christmas Tree Recycling Plan. To assist CR&R in ensuring the program is successful, staff will communicate and update residents more frequently on social media and make sure all previously scheduled posts reflect any ongoing changes. Staff will also remind residents of the criteria that must be met for trees to be collected because last year residents were not placing their tree on the curbside for collection but rather on their yard which makes it hard for the driver to notice. Some residents also placed the tree in a bag for collection, so the driver did not collect it. Additionally, this program is only for District trash rate payers. CMSD HQ did receive calls from dumpster residents that their trees were not collected. Staff will communicate with City staff about the collection dates and who is eligible to participate in the program (last year, the City had different Christmas tree collection dates, which confused the public). The District's Christmas Tree Recycling outreach plan will include the following: Subject 4. Review and Comment on CR&R Environmental Services Christmas Tree Recycling Program Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors ask questions about the proposed Christmas Tree Recycling Plan and receive and file this report Goals 2.0 Solid Waste 2.8 Solid Waste - Recycle green waste and food scraps Website: An alert box will be prominently displayed on the homepage of the website with collection dates. A designated webpage for Christmas tree recycling information will be created. Social media: Scheduled social media posts will be disseminated across all platforms in the weeks leading up to the collection dates and will be shared with the City of Costa Mesa for reposting and sharing. Facebook ads targeting the District’s service area will be utilized to share the information as well. Printed Material: A flyer will be sent to residents in the service area, a Mailchimp e-notice will be sent to all subscribers, an article was included in the Fall Quarterly Newsletter and another article will be included in the Winter Quarterly Newsletter that will be mailed the week of Christmas, and an advertisement was included in the Costa Mesa Recreation Guide as well. Legal Review Not applicable. Environmental Review Review of the 2020 Christmas Tree collection program is an administrative matter, and administrative matters are exempt under CEQA and the District’s CEQA Guidelines. Financial Review The Christmas tree collection is included in the CR&R contract. The District pays $75.65 per ton for Christmas trees to be collected and processed at the Anaerobic Digestion Facility. The cost for the printed material is $3,000. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the November 22, 2021 Board of Directors regular meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: November 22, 2021 Subject: Consider Rejecting the Insituform Technologies, Inc. Bid as Non-Responsive and Awarding a Contract to Sancon Technologies, Inc. for the Project 328 Ductile Iron Pipe (DIP) Rehabilitation Phase II Summary The project work generally consists of rejuvenating the inside of existing ductile iron sewer pipe (DIP) and lining it with a cured-in-place pipe (CIPP). Contractors were required to bid on installing CIPP at several ductile iron pipe (DIP) locations throughout the District service area. The project work is being conducted because the DIP has become corroded and must be rejuvenated prior to failure. Bids, received from six contractors, were opened on November 3rd, 2021, and ranged from $238,723 to $473,010. The Bid Register showing bidder details is attached to this report. The Engineer's estimate for this project is $420,000 and was based on unit prices from the DIP Phase I project bids. The DIP Phase II contains significantly more work and the bids reflects lower unit cost for the larger project. Subject 1. Consider Rejecting the Insituform Technologies Bid as Non- Responsive and Awarding a Contract to Sancon Technologies, Inc. for the Project 328 DIP Rehabilitation Phase II Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Preferred Date Nov 22, 2021 Absolute Date Dec 20, 2021 Fiscal Impact No Dollar Amount $282,248.00 Budgeted Yes Budget Source Capital Improvement Project Budget #328 Recommended Action 1. Reject the Insituform Technologies, Inc. bid as non-responsive. 2. Award a contract to the lowest responsive and responsible bidder, Sancon Technologies, Inc., in the amount of $256,589.15. 3. Approve a 10% contingency in the amount of $25,659. Goals 1.0 Sewer Infrastructure 1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs) 1.6 Sewer Infrastructure - Rehabilitate and/or replace infrastructure before reaching the end of its life cycle 1.7 Sewer Infrastructure - Repair infrastructure after deficiencies have been identified The lowest bidder, Insituform Technologies, Inc. (Insituform) neglected to acknowledge all three issued addendums as required by the bid documents. Based on review by legal counsel, the District has the right to reject the Insutuform bid as non-responsive. Recommendation That the Board of Directors: 1. Reject the Insituform Technologies, Inc. bid as non-responsive. 2. Award a contract to the lowest responsive and responsible bidder, Sancon Technologies, Inc., in the amount of $256,589.15. 3. Approve a 10% contingency in the amount of $25,659. Analysis Engineers used the practice of installing ductile iron pipe (DIP) to protect shallow sewers, waterline crossings, and flood channel crossings because of the inherent strength in the pipe walls. However, air in the line reacts with the dissolved sulfur compounds in wastewater causing the formation of sulfuric acid. The acid accumulates on the iron to cause corrosion, degrading the inside walls of ductile iron pipe. Over time, defects in the plastic wrapping allows naturally corrosive soils to also damage the pipe exterior. This project consists of industrial cleaning of ductile iron pipe within our gravity sewer system and installing a cured- in-place pipe liner. Twenty-nine (29) locations will be rehabilitated within this phase of the project. In addition, when this project is completed, two Enhanced Maintenance Area (EMA) locations will be removed from the EMA list. Enhanced Maintenance Area, also known as "hot spot", locations require higher frequency of cleaning (e.g. 2 to 3X per year). Legal Review District Counsel has reviewed the bid documents, reviewed any bidding discrepancies or irregularities, and has reviewed and approved the contract to form. District Counsel recommends the Board should reject the Insituform Technologies, Inc. low bid as non-responsive. Environmental Review Rehabilitating existing sewer pipeline is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. Financial Review The current balance for this project is $820,626 The total construction cost for this project is $282,248. which includes a 10% contingency. There is adequate funding for this project. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 22, 2021 Board of Directors meeting at District Headquarters and posted on the District's website at www.cmsdca.gov Alternative Actions 1. Reject all bids and direct staff to solicit bids again. 2. Refer the matter back to staff for additional information. File Attachments bid_register_328_phase2_2021-11-03.pdf (55 KB) CIP 328 - AGREEMENT.pdf (1,596 KB) CIP 328 - LABOR AND MATERIAL BOND.pdf (1,222 KB) CIP 328 - FAITHFUL PERFORMANCE BOND.pdf (320 KB) H. ENGINEER'S REPORTS To: Board of Directors From: Mark Esquer, District Engineer Date: November 22, 2021 Subject: Receive and File the Capital Improvement Projects Status Report Summary The District Engineer has provided a memorandum with a brief summary of major capital or other engineering activities for the period of mid-September to mid-October. The District Engineer's memorandum is attached. Also attached is a detailed summary of the Capital Improvement Project activities and associated 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 Sufficient funds are available in the adopted budget. Public Notice Process Subject 2. Receive and File the Monthly Capital Improvement Projects Status Report Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Preferred Date Nov 22, 2021 Fiscal Impact No Budgeted Yes Budget Source N/A Recommended Action The Board of Directors receive and file the Capital Improvement Projects Status Report. Copies of this report are on file and will be included with the complete agenda packet for the November 22, 2021, 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 2021 11 Monthly Engineers Report CMSD Memorandum.pdf (436 KB) CIP Updates November 2021 Meeting.pdf (775 KB) J. ATTORNEY'S REPORTS To: Board of Directors From: Alan Burns, District Counsel Date: November 22, 2021 Subject: Consider Adopting Resolution No. 2021-948 Authorizing Remote Meetings Summary The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so, adopt a resolution making findings. Recommendation That the Board of Directors Adopt Resolution No. 2021-948 Authorizing Remote Meetings Analysis The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4, 2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and the public has a right to comment on meeting items. N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior Executive Order until Sep 30, 2021, at which time it expires. AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet-based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be required in advance of the meeting. If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30 days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend social distancing. Subject 1. Consider Adopting Resolution No. 2021-948 Authorizing Remote Meetings Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Action Recommended Action That the Board of Directors adopt Resolution No. 2021-948 Authorizing Remote Meetings Goals 6.0 Administrative Management Legal Review District Counsel has prepared this staff report and Resolution No. 2021-948. 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 There are no financial impacts to the District for adopting Resolution No. 2021-948. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 22, 2021 regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Do not adopt Resolution No. 2021-948 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all Executive Orders related to the Brown Act are expired after that date), 2. Do not adopt Resolution No. 2021-948 and direct staff to report back with more information. File Attachments reso_2021_948.docx (28 KB) K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 1. Orange County Sanitation District (OCSD) - (President Ooten) Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Information K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Information K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Information K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer) Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Information K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer) Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Information K. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Information N. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Subject 1. Oral Communications and Director Comments Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Discussion O. CLOSING ITEMS THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON DECEMBER 20, 2021 VIA TELECONFERENCE AND IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 1. Adjourn Meeting Nov 22, 2021 - Board of Directors Regular Meeting Access Public Type Procedural