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Minutes - Board - 2022-08-29COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING AuGuST 29, 2022 NOTE: THIS HYBRID IN -PERSON AND TELECONFERENCED MEETING WAS CONDUCTED UTILIZING ELECTRONIC MEANS CONSISTENT WITH STATE OF CALIFORNIA ASSEMBLY BILL 361(GOV. CODE 54953(B)(3)). Members present Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent Arlene Schafer Staffpresent Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Kaitlin Tran (Finance Manager), Mark Esquer (District Engineer), Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management Analyst II), Marc Davis (District Treasurer), Alan Burns (District Counsel) Others present Jim Mosher, District resident Mike Carey, CR&R Environmental Services Michael Tou, Citizens Advisory Committee 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. COSTA MESA SANITARY DISTRICT PAGE 2 MiNDTEs OF TnE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 29, 2022 Procedural: 2. Pledge of Allegiance — President Ooten President Ooten led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Scheafer Vice President Scheafer led the Invocation. Procedural: 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required bylaw.) 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: S. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. None. Procedural: 6. Ceremonial Matters and Presentations. None. B. PUBLIC COMMENTS Procedural:1. Public Comments President Ooten opened public comments. Hearing none at this time, he closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 29, 2022 Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of July 12, 2022 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of July 25, 2022 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Adopt Warrant Resolution No. CMSD 2023-02 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2023-02 approving District warrants for the month of July in the amount of $2,093,378.86. 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 July 2022 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 $200,710.34 for July 2022 recycling and disposal services in the August 2022 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $200,710.34 for July 2022 recycling and disposal services to be ratified in the August 2022 warrant register. Action (Consent): 8. Accept the occupancy count as presented as 23,089 and direct staff to prepare a warrant to CR&R Environmental Services for $245,983.28 for July 2022 collection COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 29, 2022 Recommendation: That the Board of Directors accept the occupancy count as presented using 23,089 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for July 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $245,983.28 to be ratified in the August 2022 warrant list. Action (Consent): 9. Receive and File the July 2022 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 10. Receive and File the July 2022 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 11. Consider Approving Contribution Program Application for Coastal Cleanup Day at the Bay Recommendation: That the Board of Directors: 1. Approve the Newport Bay Conservancy's contribution application requesting a $1,250 sponsorship for the Coastal Cleanup Day at the Bay event; and 2. Make a finding that this contribution will increase District visibility and advance the District's statutory purpose of solid waste collection through educational information provided at the District's event booth. Action (Consent): 12. Receive and File July 2022 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. Action (Consent): 13. Approve the Investment Report for the Month of July 2022 Recommendation: That the Board of Directors approve the Investment Report for the month of July 2022. Director Eckles requested to pull Item C11 for discussion. President Ooten noted that District resident, Jim Mosher, has requested to pull Item C10 for discussion. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGuLAR MEETING HELD AuGusT 29, 2022 Motion: To approve the Consent Calendar as presented, except for Items C10 and C11. 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 Director Eckles asked if the $1,200 donation amount for Item C11 has been budgeted. Management Analyst II, Gina Terraneo, stated that the District's current budget includes $8,000 for sponsorships. She noted that District sponsorships must be approved by the Board. Motion: To approve the Item C11 to: 1. Approve the Newport Bay Conservancy's contribution application requesting a $1,250 sponsorship for the Coastal Cleanup Day at the Bay event; and 2. Make a finding that this contribution will increase District visibility and advance the District's statutory purpose of solid waste collection through educational information provided at the District's event booth. Motion by Brett Eckles, second by Art Perry. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer Mr. Mosher suggested updating the analysis section for Item C10 since it appears outdated. He noted that the analysis provides no indication as to where the mixed waste is being disposed. He stated that it appears that CR&R is not recycling or diverting any mixed waste. Vice President Scheafer asked if this report will be updated after transitioning to a three -cart system. COSTA MESA SANrrARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGuLAR MEETING HELD AUGUST 29, 2022 General Manager, Scott Carroll, confirmed that the report needs to be updated to reflect the District's current diversion efforts. Director Perry requested for an update on this item at the next Study Session. President Ooten suggested for CR&R to review the District's diversion rates. Director Eckles expressed support for Mr. Mosher's comments to update the report. Motion: To approve the Item C10. 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. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER REPORTS Action, Receive and File:1. Discuss the Logistics and Outreach Plan for CMSD's 3-Cart Transition Recommendation: That the Board of Directors receives and files this report. President Ooten introduced the item. Mr. Carroll shared that this item was discussed by the District's Solid Waste Ad Hoc Committee on July 26, 2022. He provided a breakdown of the District's tentative timeline for transitioning to a three -cart system. He stated that CR&R is conducting a cart audit to determine how many customers have more than two trash carts and if they are being charged properly. He added that, in November/December 2022, CR&R will be delivering an Organics Recycling Cart to about 2,000 properties that were COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGuLAR MEETING HELD AUGUST 29, 2022 previously exempt from the program due to limited storage space or limited landscaping. He noted that CalRecycle does not allow for any exemptions to organics recycling. He stated that, in January through March 2023, the District will begin education and outreach for the District's new recycling cart. He added that the third cart is scheduled to be delivered to all customers in June 2023. He shared that the District and CR&R have discussed postponing the delivery of the third recycling cart until January 2025 to perform more outreach and to determine a better solid waste rate. Director Perry asked if the recycling carts will come in the 35-gallon size and if trash service will consist of one trash cart and one recycling cart. Mr. Carroll confirmed the sizes and amounts of the trash and recycling carts. Citizens Advisory Committee member, Michael Tou, entered the meeting at 4:45 p.m. Discussion followed regarding the costs increases for CR&R's service. Director Eckles asked if 90-gallon trash carts will be available. Mr. Carroll confirmed that CR&R will provide 90-gallon trash carts by request at no additional charge. Director Eckles inquired about the District's current solid waste rate and potential increases. Mr. Carroll stated that the current rate is $22.74 per month. He noted that the District's five-year rate increase will end next year at a rate of $24.10 per month. He added that the rate will likely increase to about $26 per month to accommodate for the three -cart system. Discussion followed regarding delaying the transition to a three -cart system until 2025 and its effect on the solid waste rate. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AuGusT 29, 2022 Director Eckles expressed support for delaying the transition to a three -cart system. Mr. Carroll suggested bringing this item back to the Solid Waste Ad Hoc Committee for further discussion. Vice President Scheafer asked if CR&R currently has trash trucks available to service the new recycling carts. CR&R representative, Mike Carey, stated that CR&R has already placed orders for recycling service trucks. Vice President Scheafer expressed support for delaying the transition to a three -cart system. He inquired about the delivery of Organics Recycling Carts to previously exempt customers. Mr. Carroll confirmed that multifamily customers will be receiving an Organics Recycling Cart. Vice President Scheafer inquired about the Monticello townhomes. Mr. Carroll stated that those customers can adjust their trash carts sizes depending on their available storage space. He noted that the state requires all customers to recycle their organic waste. Discussion followed regarding the state legislature not accounting for the challenges associated with Senate Bill 1383. Director Perry asked if the District will be notifying its previously exempt customers that they will be receiving an Organics Recycling Cart. Mr. Carroll confirmed that those customers will be properly notified and educated. Director Perry added that the District will have to amend its current ordinance regarding trash service. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AuGusT 29, 2022 Discussion followed regarding other cities' three -cart systems. Vice President Scheafer requested input from other jurisdictions that are experiencing similar challenges and recommended discussing those issues with the Solid Waste Ad Hoc Committee. Discussion followed regarding customers who may not have enough storage space for three trash carts. Mr. Carroll proposed amending the District's "trash carts in public view" policy. District Counsel, Alan Burns, stated that if the District does not have any viable solution to this issue then they will not be found guilty under the law. President Ooten confirmed that this item will be discussed by the Solid Waste Ad Hoc Committee and then again at another Study Session. He recommended contacting the City of Newport Beach to learn about their three -cart system and how they are dealing with storage space for multiple trash carts. There was no further discussion, and the report was received. F. ENGINEER'S REPORTS Action, Receive and File:1. Receive and File the District Engineer's Report and Capital Improvement Projects Status Recommendation: That the Board of Directors receive and file the Capital Improvement Status Report. District Engineer, Mark Esquer, provided an update on the District's current Capital Improvement Projects (CIPs). Vice President Scheafer inquired about the City of Costa Mesa's street repaving project. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DnIECTORs REGULAR MEETING HELD AUGUST 29, 2022 Mr. Esquer stated that the City will invoice the District for any manhole repairs required for this project. Discussion followed regarding manhole frames and rings. President Oaten requested more information regarding the number of siphons being repaired within each project phase. There was no further discussion, and the report was received. Action: 2. Adopt the November 2021 District Master Plan Recommendation: That the Board of Directors adopt the 2018 Master Plan. Mr. Esquer provided report details and discussed revisions to the 2018 Master Plan. Director Eckles inquired about growth projections related to Measure Y. Mr. Eckles stated that the Master Plan is based on growth projections from the cities of Costa Mesa and Newport Beach. Discussion followed regarding the effects of cannabis retailers on sewage flow and accessory dwelling unit (ADU) permits and projections. President Oaten discussed wastewater flow rate per capita. Mr. Mosher commented on the phrase "complete build -out" and the Master Plan's ADU analysis. He discussed the City of Newport Beach's ADU projections and housing developments. Motion: To adopt the 2018 District Master Plan as presented. Motion by Michael Scheafer, second by Art Perry. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Oaten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 29, 2022 G. TREASURER'S REPORTS None at this time. H. ATTORNEY'S REPORTS Action: 1. Consider Adopting Resolution No. 2022-971 Authorizing Remote Meetings Recommendation: That the Board of Directors Adopt Resolution No. 2022-971 Authorizing Remote Meetings. President Ooten introduced the item. Motion: To adopt Resolution No. 2022-971 authorizing remote meetings. 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. 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. 1.Orange County Sanitation District (OCSD) - (President Ooten) President Ooten provided a brief update on OCSD. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 29, 2022 Director Perry stated there was no SARFPA meeting this month. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) None. 4. California Special Districts Association (CSDA) - (Secretary Schafer) None. S. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Scheafer stated that there was no SDRMA meeting this month. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 President Ooten shared that he attended a Water Advisory Committee of Orange County (WACO) meeting and a Water Emergency Response Organization of Orange County (WEROC) meeting. He added that he attended the CSDA conference in Palm Springs. He announced that CSDA awarded Scott Carroll as General Manager of the Year and Vice President Scheafer as Board Member of the Year. There was no further discussion. I.OLD BUSINESS None at this time. K. NEW BUSINESS None at this time. COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DmECTORs REGULAR MEETING HELD AuGusT 29, 2022 L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments President Ooten asked when the Board will be discussing CR&R's contract. Mr. Carroll stated that that item has not been rescheduled yet. Director Eckles asked if the Board will be reviewing CR&R's average monthly rate of missed trash pickups. Mr. Carroll confirmed that that data will be provided at the monthly Study Sessions. Director Eckles inquired about the District's cost -of -living -adjustment (COLA) rate and how it compares to similar agencies. He shared that OCSD is constructing a few new buildings. Vice President Scheafer thanked Secretary Schafer for encouraging members to participate in the CSDA award nominations. He thanked District staff for their assistance. There were no additional comments. M. ADJOURN TO CLOSED SESSION None at this time. N. RECONVENE TO OPEN SESSION None at this time. O. CLOSING ITEMS Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District Board of Directors will be held on Monday, September 26, 2022. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD AUGUST 29, 2022 President Ooten adjourned the meeting at 5:38 p.m. Arlene Schafer Secretary Iffulaffalm-M, Bob Ooten President