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2017_07_18_studyTuesday, July 18, 2017 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa 9:30AM A. OPENING ITEMS 1. Roll Call 2. Public Comments B. ITEMS OF STUDY 1. CMSD Annual FOG Program Assessment 2. June 2017 Code Enforcement Officer report 3. Fiscal Year 2016-17 Organics Tonnage Report 4. Fiscal Year 2016-17 Solid Waste Diversion Report 5. Quarterly Legislative Update 6. Consider Vacating CMSD Sewer and Easement North of 1580-1590 Scenic Avenue 7. Consider Changing CMSD Operational Hours C. CLOSING ITEMS 1. Oral Communications & Director Comments 2. Adjournment 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/14 Tuesday, July 18, 2017 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa 9:30AM A. OPENING ITEMS (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.) Subject 1. Roll Call Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Procedural 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/14 A. OPENING ITEMS 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 2. Public Comments Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Procedural 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/14 B. ITEMS OF STUDY File Attachments A - Annual Assessment Report 2017.pdf (611 KB) B - Presentation Slides.pdf (217 KB) Subject 1. CMSD Annual FOG Program Assessment Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Receive and File Goals 1.8 Fats, Oil & Grease (FOG) Program 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/14 B. ITEMS OF STUDY File Attachments June 2017 CEO report.pdf (576 KB) Subject 2. June 2017 Code Enforcement Officer report Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Receive and File Goals 2.7 Continue code enforcement presence 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/14 B. ITEMS OF STUDY Summary A total of 9,448.17 tons of organic waste were collected and recycled in Fiscal Year 2016-17. In comparison, a total of 7,699.26 tons of organic waste was collected in Fiscal Year 2015-16, a 23% increase. Staff Recommendation That the Board of Directors receive and file the report. Analysis Below is the graph depicting the total tonnage of organic waste collected during each month for fiscal years 2015-16 and 2016-17. Legal Review Not Applicable. Environmental Review Subject 3. Fiscal Year 2016-17 Organics Tonnage Report Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Receive and File Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/14 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 with the complete agenda packet for the July 18, 2017 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/14 B. ITEMS OF STUDY Summary On July 1, 2012 AB 341 became a law requiring 75% of the state's waste stream to be diverted away from landfills by 2020. Later that year, CMSD conducted a community survey and learned that 81.6% of the 1,000 residents surveyed supported increasing solid waste diversion away from landfills to 75%. As a result of AB 341 and the 2012 Community Survey, on April 10, 2013, the Board of Directors established a goal of diverting 75% of the waste stream away from landfills by 2015 and diverting 90% by 2020, which was adopted in the FY 2015-20 Strategic Plan at the May 28, 2015 Board meeting. To help achieve CMSD's diversion goals, the Board of Directors approved the Organics Recycling Program on February 25, 2014. The program began in July 2015 and was fully implemented by September 2015. This report summarizes the progress CMSD has made to achieving its diversion goals. Staff Recommendation That the Board of Directors receive and file this report. Analysis Using data from CR&R's Recycling Report and OCC's Recycling Center Recycling Report, staff calculated the diversion for FY 2016-17 at 62.82%. A total of 46,153.63 tons of solid waste materials were collected, of which 28,993.09 tons were diverted away from landfills. The materials diverted away from landfills and recycled included newspaper, cardboard, mixed paper, glass, polyethylene (PET) and high density polyethylene (HDPE) plastics, aluminum cans, tin/metal, green waste (as alternative daily cover at landfills), organics (green waste and food scraps), wood and mixed plastics. In addition to curbside collection from CR&R, CMSD offers a variety of other waste diversion programs including large item pickup, where white goods are collected, and Christmas tree recycling. In FY 2016-17 the total tonnage collected from these two programs totaled 495.28 tons, or 408.34 and 86.94 tons, respectively, which is included in the diversion report. Attachment A is the FY 2016-17 diversion rate support. Legal Review Not applicable. Environmental Review When the District established the organics program, the District came to the following conclusion regarding CEQA: In conclusion, it is recommended the Board of Directors find the proposed modifications to the trash collection program are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (“the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment”) and 15060(c)(3) (“the activity is not a project as defined in Section 15378”) of the CEQA Guidelines, California Code of Regulations, because it has no potential for a change in the environment. Additionally, because the processing of organics will act to protect the environment, a Notice of Exemption should be filed under CEQA Guideline 15038. Although the current staff report is an update on activities to date; the District may make the above finding again, or re-consider the conclusion if new provisions are added to the trash collection program in the future. Financial Review There is no additional fiscal impact other than the funds provided in the adopted budget and the agreement with CR&R and CRTransfer. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the July 18, 2017 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions Subject 4. Fiscal Year 2016-17 Solid Waste Diversion Report Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Receive and File Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/14 1. Direct staff to report back with more information. File Attachments FY16-17 CRR-OCC Diversion.pdf (78 KB) 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/14 B. ITEMS OF STUDY File Attachments Legislative Analysis Quarterly Report (May-July).pdf (157 KB) Subject 5. Quarterly Legislative Update Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Receive and File Goals 5.3 Stay informed on applicable federal, state and regional regulations 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/14 B. ITEMS OF STUDY Summary At the June 23, 2016 regular meeting, the Board of Directors approved vacating a portion of a CMSD sewer main, sewer manholes and sewer laterals, plus vacating the accompanying CMSD easement on assessor’s parcel number APN 415- 102-17, north of Scenic Avenue in the Harbor Gateway development. Since then, the buyer for the parcel has withdrawn from the transaction. Nevertheless, as shown in the attached email, the property owner, CJ Segerstrom and Sons, desires that CMSD continue the process of vacating the sewer main, manholes, laterals, and easement so a future buyer will have a clear area for a new building. Analysis At the July 28, 2017 regular meeting, staff will recommend that the Board of Directors: 1. Re-approve vacating the sewer facilities and easement as shown in the attached quitclaim deed. 2. Approve and record the attached quitclaim deed with the legal description and map as attachments. 3. Require the property owner to construct a new end of line sewer manhole at the northerly terminus of the remaining sewer and easement. 4. Require the property owner to enter into a Hold Harmless Agreement, attached hereto, as prepared by attorneys for both parties. 5. At the meeting, the Board advised CJ Segerstrom that they will be charged the engineering and legal fees borne by the District for this action. At the June 23, 2016 meeting, the Board determined not to charge CJ Segerstrom and Sons for the valuation of the assets due to CJ Segerstrom & Sons having constructed the sewer main, manholes, and laterals in addition to granting CMSD the easement (See attached agenda report and minutes from June 23, 2016 Board meeting). Legal Review District Counsel has approved as to form the quitclaim deed and the hold harmless agreement. Environmental Review Vacating a portion of a sewer main, manholes, and easement is categorically exempt from the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15301 as a “Class 1” “minor alteration of existing public or private structures”, as further described in Section (b) as “Existing facilities of both investor and publicly-owned utilities used to provide .... sewerage ...”. Financial Review The Board determined that this is not a gift of public funds since the assets were originally donated and there is value in not having to clean, maintain or replace these sewer line and manholes in the future. Therefore, these assets were written off last year per the Board's action at the June 23, 2016 Board meeting (see attached minutes). Staff will invoice CJ Segerstrom for the time spent by the District Engineer, District Counsel and staff to complete this project. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the July 18, 2017 Study Session at District Headquarters and posted on the District’s website. Alternative Actions Refer the matter back to staff for additional information. File Attachments A - Quitclaim Deed.pdf (5,008 KB) B - Correspondance - Harbor Gateway Land Parcel.msg (32 KB) C - Draft Hold Harmless Agreement.docx (68 KB) D - Vacate 1580-90 Scenic Ave Swr Lateral 062316 BOD.pdf (1,144 KB) E- Minutes - Board Meeting 2016-06-23.pdf (23 KB) Subject 6. Consider Vacating CMSD Sewer and Easement North of 1580-1590 Scenic Avenue Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Discussion Goals 1.0 Sewer Infrastructure 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/14 B. ITEMS OF STUDY Summary The District's current public service hours are Monday through Thursday from 7:30 a.m. to 4:30 p.m. and Friday from 7:30 a.m. to 3:30 p.m. Staff is recommending changing operational hours to Monday through Thursday from 7:30 a.m. to 5:00 p.m. and Friday from 7:30 a.m. to 4:00 p.m. with the District headquarters (HQ) closed every other Friday. Recommendation That the Board of Directors directs staff to bring this item back for the July 28, 2017 Board of Directors meeting to consider changing operational hours to Monday through Thursday from 7:30 a.m. to 5:00 p.m. and Friday from 7:30 a.m. to 4:00 p.m. with every other Friday being closed to the public. Analysis In 2004, the District moved to its own headquarters (HQ) building at 628 W 19th Street with five employees. The District was open to the public Monday through Thursday from 8:00 a.m. to 5:00 p.m. and Friday from 8 a.m. to 4:00 p.m.. The District was closed every other Friday to accommodate the small staff by providing a 9/80 schedule the employees had with the City of Costa Mesa. The 9/80 work schedule allows employees to work their 80 hours per pay period in 9 days instead of the normal 10 days, with alternating Fridays off. Originally, the 9/80 schedule was encouraged by the AQMD so that local governments would help in reducing traffic during peak periods. In 2010, the District discontinued the Friday closures and increased the customer service hours to Monday through Thursday from 7:30 a.m. to 4:30 p.m. and Fridays 7:30 a.m. to 3:30 p.m. The employees remained on the 9/80 schedule with half of the employees working one Friday and the remaining staff working the other Friday. The problem with being open every Friday is that there are only 10 full-time employees at HQ. Some of the staff, such as the General Manager and the Maintenance Assistant are not able to help customers, which may leave only one or two employees able to assist customers on a Friday and sometimes less due to various leaves (sick, vacation, bereavement, etc.). Having adequate coverage for the front office can be challenging and expensive. Even though there may not be any walk-in customers on Fridays and very few phones calls, hourly staff is required to be given two breaks as well as a lunch break, which means that someone must cover for them, such as the Finance Manager, Senior Accountant or the District Clerk. Additionally, employee's leave requests may not be approved or additional staff will have to be brought in on overtime for adequate coverage. Staff is recommending that the District close HQ every other Friday to allow for adequate coverage to serve the public and increased productivity for all employees by not having to cover for other staff. Staff has surveyed all local governments in Orange County and learned there are twenty-two agencies that close on alternate Fridays as well as some agencies that close every Friday of the month (See attached survey). In addition, with advances in technology, the District could look into implementing e-PlanCheck which is a product offered by our current software provider, to submit plans, pay fees and receive permits online without visiting HQ. If a resident needs trash collection services because his/her trash cart was not picked up, the District's phone system allows them to be transferred directly to CR&R customer service. Customers can log onto the CMSD website to send an email or use the CMSD app. Staff will receive the email and then contact CR&R to schedule next day collection. Emails and the phone system are currently set up the same way for after hours wastewater related emergencies such as sanitary sewer overflows. Options: Service Hours Days Employee Hours Days 9/80 - current 7:30-4:30, 7:30-3:30 M-Th, F 7:00-4:30, 7:00-3:30 M-F off alternating Fridays 9/80 - closed alternate Friday 7:30-4:30, 7:30-3:30 M-Th, F 7:00-4:30, 7:00-3:30 M-F closed alternating Fridays Subject 7. Consider Changing CMSD Operational Hours Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Discussion Goals 6.0 Personnel/Organizational Management 6.7 Promote high employee satisfaction 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/14 9/80 - open Fridays 7:00-5:00, 7:00-4:00 M-Th, F 7:00-5:00, 7:00-4:00* M-F off alternating Fridays 9/80 - closed alternate Friday 7:00-5:00, 7:00-4:00 M-Th, F 7:00-5:00, 7:00-4:00* M-F closed alternating Fridays 5/40 - open Fridays 8:00-5:00 M-F 8:00-5:00 M-F hour lunch *staggered start times Legal Review Not applicable Environmental Review Considering new operational hours of the headquarters is an administrative matter and is categorically exempt under 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 may be some cost savings, but the exact amount of savings is unknown. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the July 18, 2017 study session meeting at District Headquarters and on District website www.cmsdca.gov Alternative Actions 1. Refer matter back to staff. File Attachments Alt Friday Off Survey.pdf (100 KB) 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/14 C. CLOSING ITEMS Subject 1. Oral Communications & Director Comments Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Procedural 7/14/2017 BoardDocs® Pro https://www.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/14 C. CLOSING ITEMS THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, AUGUST 8, 2017 AT 9:30 A.M. IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 2. Adjournment Meeting Jul 18, 2017 - Board of Directors Study Session Access Public Type Procedural