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Minutes - Board - 2023-04-24COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING APRIL 24, 2023 Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Gina Terraneo (Management Analyst II), Mark Esquer (District Engineer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager), Bill Curley (District Counsel), Marc Davis (District Treasurer) Others present Reina Cuthill, Trellis Adam Ereth, District resident Sue Lester, District resident Michael Tou, Citizens Advisory Committee member Shayanne Wright, District resident Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Scheafer President Scheafer called the meeting to order at 4:30 P.M. Procedural: 2. Pledge of Allegiance - President Scheafer COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 President Scheafer led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Schafer Vice President Schafer led the Invocation. Procedural: 4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) District Clerk & Public Information Officer, Noelani Middenway, conducted roll call and noted that President Scheafer, Vice President Schafer, Secretary Perry, Vice Secretary Ooten, and Director Eckles were present. Procedural: 5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. None. Procedural: 6. Ceremonial Matters and Presentations. None. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Scheafer opened public comments. District resident, Sue Lester, commented on the District's participation in the City of Costa Mesa's Earth Day event. She shared her application for the Citizens Advisory Committee (CAC) with the board. She stated that the current term limit for CAC members does not apply to her since her first term was a partial term that lasted only one year instead of a full two-year term. She requested that the Board considers her application by the May Study Session. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Hearing no additional comments, President Scheafer closed public comments. C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of March 14, 2023 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 March 27, 2023 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Adopt Warrant Resolution No. CMSD 2023-10 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2023-10 approving District warrants for the month of March in the amount of $822,761.20. 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 March 2023 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Receive and File March 2023 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Action (Consent): 8. Accept the occupancy count as presented as 23,095 and direct staff to prepare a warrant to CR&R Environmental Services for $246,047.20 for March 2023 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 23,095 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for March 2023 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $246,047.20 to be ratified in the April 2023 warrant list. Action (Consent): 9. Receive and File the January, February, and March Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 10. Receive and File the January — March Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 11. Approve the preparation of a warrant to CR Transfer in the amount of $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services in the April 2023 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $171,999.41 for February 2023 and $198,586.66 for March 2023 recycling and disposal services to be ratified in the April 2023 warrant register. Motion: To approve the Consent Calendar as presented. Motion by Art Perry, second by Brett Eckles. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None D. PUBLIC HEARINGS None at this time. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 E. GENERAL MANAGER REPORTS Action: 1. Consider Amending Administrative Policy No. 60.00 — Citizens Advisory Committee Recommendation: That the Board of Directors consider approving proposed amendment to Administrative Policy No. 60.00 pertaining to the Citizens Advisory Committee General Manager, Scott Carroll, presented report details. President Scheafer stated that a few CAC members have not attended District meetings and inquired about the policy regarding that issue. Mr. Carroll stated that, in the past, District staff has notified CAC members in writing about meeting absences. He added that, if they do not respond, then the Board can consider dismissing those members from the CAC and reopening the positions to other applicants. President Scheafer stated that those actions may need to be considered for two current CAC members. Director Eckles confirmed the changes to the Administrative Policy No. 60.00. President Scheafer stated the CAC members should be attending at least one Board meeting per year. Motion: To approve the proposed amendment to Administrative Policy No. 60.00 pertaining to the Citizens Advisory Committee. Motion by Brett Eckles, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. Action: 2. Consider Creating an Ad Hoc Committee to Discuss Term Limits for Board of Directors COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Recommendation: That the Board of Directors: 1. Create an ad hoc committee to discuss creating a policy for term limits for the Board of Directors; and 2. Appoint two board members to serve on the committee Mr. Carroll introduced the item. Director Eckles expressed interest in serving on the ad hoc committee to discuss term limits for Board members. Secretary Perry nominated Director Eckles and Vice Secretary Ooten to serve on the ad hoc committee. President Scheafer requested for the ad hoc committee, Board, and District staff to discuss the parameters and scope of the committee before inviting CAC members to join. He asked how the CAC will appoint two members to the committee. Mr. Carroll stated that the CAC will appoint two members at their May meeting. He noted that the two appointed members will not join the committee until the scope of the ad hoc committee is developed. District Counsel, Bill Curley, confirmed that the Board and staff can meet to establish the parameters of the committee. He noted that the ad hoc committee would be considered a standing committee once the CAC members join. Vice Secretary Ooten requested District staff to provide materials from past discussions regarding this topic. Motion: To: 1. Create an ad hoc committee to discuss creating a policy for term limits for the Board of Directors; and 2. Appoint Vice Secretary Ooten and Director Eckles to serve on the committee. Motion by Mike Scheafer, second by Art Perry. Final Resolution: Motion Carries 5-0 COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. Action: 3. Consider Approving Contribution Program Application for Concerts in the Park in the amount of $2,500 Recommendation: That the Board of Directors: 1. Approve the Costa Mesa Foundation's contribution application requesting a $2,500 sponsorship for the Concerts in the Park series of events; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Management Analyst II, Gina Terraneo, provided report details. Secretary Perry confirmed the event details. Vice Secretary Ooten suggested having a visual display of the District's upcoming three -cart system at the event. Director Eckles requested CR&R to provide each cart of the three -cart system. Motion: To: 1. Approve the Costa Mesa Foundation's contribution application requesting a $2,500 sponsorship for the Concerts in the Park series of events; and 2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation, and wastewater collection through educational information and activities provided at the District's event booth. Motion by Brett Eckles, second by Bob Ooten. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 There was no further discussion. Action: 4. Consider Approving $1,000 Contribution to Sponsor Love Costa Mesa Day Event on May 20, 2023 Recommendation: That the Board of Directors: 1. Approve contributing $1,000 to sponsor the Love Costa Mesa Day event on May 20, 2023; and 2. Make a finding that this contribution will increase District visibility and promote the District's purpose of recycling/diverting organics away from landfills Mr. Carroll presented report details. He noted that the dump fees are a sizeable expense for the Love Costa Mesa Day event and that the District's contribution will help with that cost. Trellis staff member and Love Costa Mesa Day event planner, Reina Cuthill, introduced herself and provided event details. Discussion followed regarding the types of projects involved in Love Costa Mesa Day. Motion: To: 1. Approve contributing $1,000 to sponsor the Love Costa Mesa Day event on May 20, 2023; and 2. Make a finding that this contribution will increase District visibility and promote the District's purpose of recycling/diverting organics away from landfills. Motion by Arlene Schafer, second by Brett Eckles. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. Action, Receive and File: S. Receive and File the Third Quarter Budget Review of FY 2022-23 Recommendation: That the Board of Directors receive and file the Fiscal Year 2022-23 Third Quarter Budget Review. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Finance Manager, Kaitlin Tran, provided report details. She noted that there is an error in the written report regarding organics tonnage amounts. She stated that the organics tonnage amount is one percent higher than last year's level but lower than what was budgeted. Discussion followed regarding budgetary savings, increases in organics tonnage, and revenue amounts. There was no further discussion, and the report was received. Action, Receive and File: 6. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Third Quarter Recommendation: That the Board of Directors receive and file this report. Mr. Carroll presented the item. President Scheafer inquired about the sewer issue on Paularino Avenue. Mr. Carroll stated that District Engineer, Mark Esquer, will discuss that under Engineer's Reports. There was no discussion, and the report was received. Action, Receive and File: 7. Receive and File 2023 Annual Performance Measurement Report -151 Quarter (Jan -Mar) Recommendation: That the Board of Directors receive and file this report. Mr. Carroll presented the item. He shared that District staff implemented a few changes to the quarterly report, which are detailed in the staff report. There was no discussion, and the report was received. F. ENGINEER'S REPORTS Action, Receive and File: 1. Receive and File the District Engineer's and Capital Improvement Status Report COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Recommendation: That the Board of Directors receive and file the Engineer's Report. Mr. Esquer presented report details. Discussion followed regarding removing eucalyptus trees from the District Headquarters property. Mr. Esquer continued his presentation and discussed pending projects and inflow from previous rain events. Discussion followed regarding the City's repaving project on Royal Palm Drive. There was no further discussion, and the report was received. Action: 2. Ratify the District Emergency Declaration for the CIP #335 Phase 2 Paularino Sewer Siphon Pipeline Failure and Approve an Asset Management Fund Transfer to the CIP #335 Phase 2 Sewer Siphon Rehab Project Recommendation: That the Board of Directors approve the following: 1. Ratify the District Emergency Declaration for the CIP #335 Phase 2 Paularino Sewer Siphon Rehab Failure; 2. Approve the transfer of $375,000 from the Asset Management Fund to the Wastewater fund and appropriate $375,000 to the CIP #335, Sewer Siphon Project budget. 3. Authorize District to: a. Negotiate and approve a time -and -materials contract with GCI Construction Inc. to provide emergency construction services, including dewatering activities and related services; b. Negotiate a CIP #335 Sewer Siphon Rehab Phase 2 change order with Insituform Technologies LLC for the initial emergency activities and pipeline damage assessment activities; and c. Bring the GCI Construction Inc. contract and Insituform Technologies LLC change order to the May 2023 Board of Directors meeting for consideration and ratification. Mr. Esquer provided a presentation about the emergency work. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Discussion followed regarding the cost of the project's time -and -materials (T & M) contract. Mr. Esquer discussed the project's noise disturbance issues with neighboring businesses. Motion: To approve the following: 1. Ratify the District Emergency Declaration for the CIP #335 Phase 2 - Paularino Sewer Siphon Failure; 2. Consider approving the transfer of $375,000 from the Asset Management Fund to the Wastewater fund and appropriate $375,000 to the CIP #335, Sewer Siphon Project budget. 3. Authorize District staff to: a. Negotiate and approve a time -and -materials contract with GCI Construction Inc. to provide emergency construction services, including dewatering activities and related services; b. Negotiate a P335 Sewer Siphon Rehab Phase 2 change order with Insituform Technologies LLC. for the initial emergency activities and pipeline damage assessment activities; and c. Bring the GCI Construction Inc. contract and Insituform Technologies LLC. change order to the May 2023 Board of Directors meeting for ratification. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Coten, Brett Eckles, Mike Scheafer No: None There was no further discussion. G. TREASURER'S REPORTS Action: 1. Approve the Investment Report for the Month of March 2023 Recommendation: That the Board of Directors approve the Investment Report for the month of March 2023. District Treasurer, Marc Davis, presented report details. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Motion: To approve the Investment Report for the month of March 2023. Motion by Arlene Schafer, second by Brett Eckles. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. H. ATTORNEY'S REPORTS None at this time. 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) Vice Secretary Ooten shared updates regarding the Groundwater Replenishment System (GWRS). 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Secretary Perry stated that there was no SARFPA meeting this month. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) Vice President Schafer shared ISDOC updates. 4. California Special Districts Association (CSDA) - (Secretary Schafer) COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Vice President Schafer stated that the deadline for CSDA award nominations is May 1, 2023. She shared that she is running for a position representing CSDA's Southern Network. She stated that CSDA's Legislative Days takes place May 16-17, 2023. S. Special District Risk Management Authority (SDRMA) - (Director Scheafer) President Scheafer stated that SDRMA's Board meeting takes place next month. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 President Scheafer and Vice Secretary Ooten shared that they attended a Water Advisory Committee of Orange County (WACO) meeting. There was no further discussion. 1. OLD BUSINESS None at this time. K. NEW BUSINESS None at this time. L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments President Scheafer thanked Ms. Middenway for helping College Park Elementary with their Earth Day event. Director Eckles recognized District staff and the Board for all their recent accomplishments. He also recognized Costa Mesa United's Board President, Gordon Bowley, who passed away last week. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD APRIL 24, 2023 Vice President Schafer shared that she attended the City of Costa Mesa's Earth Day event and expressed recognition for the District's efforts. Vice Secretary Ooten stated that he will be requesting a Senate Bill 1383 update from OCSD. 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, May 22, 2023. President Scheafer adjourned the meeting at 6:17 p.m. Art Perry Secretary Mike Scheaf r President