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2018_02_13_study Protecting our community’s health and the environment by providing solid waste and wastewater collection services. www.cmsdca.gov Costa Mesa Sanitary District …an Independent Special District AGENDA Michael Scheafer President James Ferryman Arlene Schafer Vice President Secretary Robert Ooten Arthur Perry Assistant Secretary Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Deputy Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. 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 at the District offices at 290 Paularino Avenue, Costa Mesa, California. The Deputy Clerk of the District may be contacted at (949) 645-8400. In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). BOARD OF DIRECTORS STUDY SESSION Tuesday, February 13, 2018 9:30 A.M. 290 PAULARINO AVENUE, COSTA MESA, CA 92626 A. OPENING ITEMS 1. Call to Order 2. 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. B. PUBLIC COMMENTS 1. Public Comments Costa Mesa Sanitary District February 13, 2018 AGENDA Page 2 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. C. ITEMS OF STUDY 1. January 2018 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. 2. Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. 3. Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. 4. Quarterly Legislative Update – Quarter 1 Recommendation: That the Board of Directors receive and file the Quarterly Legislative Update. 5. Consider a New Agreement with CR&R Environmental Services for Door-to-Door Household Hazardous Waste Collection Program for Senior and Disabled Residents that Include Retroactively Paying for Services Already Rendered for Collecting Fluorescent Light Tubes and Household Batteries at Orange Coast College Recommendation: That the Board of Directors: 1) Receive and file this report; and 2) Direct staff to bring back a new agreement with CR&R Environmental Services on February 22, 2018 that will continue the Door-to-Door Household Hazardous Waste Collection Program for senior and disabled residents; and 3) Direct staff to include in the new agreement with CR&R the collection of fluorescent light tubes and household batteries at Orange Coast College (OCC); and 4) Direct staff to include in the new agreement with CR&R the services already rendered in 2016 and 2017 for collecting fluorescent tubes and household batteries at OCC. 6. Medical Disposal Program Update Recommendation: That the Board of Directors receive and file this report. D. CLOSING ITEMS 1. Oral Communications & Director Comments 2. Adjourn THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, MARCH 13 AT 9:30 A.M. IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Tuesday, February 13, 2018 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa at 9:30AM Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to four minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. 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 at the District offices at 290 Paularino Avenue, Costa Mesa, California. 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 Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Procedural A. OPENING ITEMS Subject 2. 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 Feb 13, 2018 - Board of Directors Study Session 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 Feb 13, 2018 - Board of Directors Study Session Access Public Type Procedural C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Edward Roberts, Code Enforcement Officer Date: February 13, 2018 Subject: Code Enforcement Officer Report - January 2018 Summary Attached is the monthly report from Officer Roberts describing his enforcement activities in the month of January regarding scavenging of recyclable materials, trash carts stored in public view and graffiti on trash carts. Recommendation That the Board of Directors receive and file this report. Analysis In the month of January, Officer Roberts approached six individuals he observed scavenging from CMSD trash carts. In the same month he issued 109 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in the month of January. Officer Roberts enforcement activities are described in more detail in the attached report. Legal Review Not applicable. Environmental Review Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not constitute a project under CEQA or the District’s CEQA Guidelines. Financial Review Officer Roberts' activities are funded 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 February 13, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. File Attachments January 2018 CEO report.pdf (562 KB) Subject 1. January 2018 Code Enforcement Officer Report Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 2.00 Solid Waste 2.7 Continue code enforcement presence C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 13, 2018 Subject: Organics Tonnage Report Summary A total of 704.97 tons of organic waste were collected and recycled in January 2018. Staff 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 FY 2015-16, FY 2016-17 and FY 2017-18. Subject 2. Organics Tonnage Report Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion 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 February 13, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. File Attachments Jan 18 Organics.png (19 KB) Tonnage Summary 1-18.png (24 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 13, 2018 Subject: Solid Waste Diversion Report Summary A total of 2,117.68 tons of solid waste were collected and recycled in January 2018. Staff Recommendation That the Board of Directors receives and file this report. Analysis Using data from CR&R's Recycling Report and OCC's Recycling Center Recycling Report, staff has calculated the diversion rate for the last seven months at 60.68%. A total of 26,114.24 tons of solid waste materials have been collected, of which 15,845.48 tons have been diverted away from landfills. 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. The total tonnage of white goods for the month of January was not available in time to include in this report. Attachment A is the fiscal year 2017-18 diversion rate support. Legal Review Not applicable. Environmental Review Consideration of the Solid Waste Diversion 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 February 13, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. File Attachments CRR-OCC Diversion.pdf (69 KB) Subject 3. Solid Waste Diversion Report Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: February 13, 2018 Subject: Quarterly Legislative Update - Quarter 1 Summary The Quarterly Legislative Update provides the Board of Directors with analyses of measures pending in Sacramento that are of interest to the District. On July 22, 2010, the Board of Directors gave authority to the President to write support and/or opposition letters on behalf of the Board if that position has been taken by an agency the District is a member of. For all other bills, staff recommendations for formal District positions on legislation will be agendized and presented for Board action at their regular Board of Directors meetings. When the Board takes formal action on a piece of legislation, the President will advocate the support or opposition of individual bills as approved by the Board. This Legislative Analysis also provides the Board of Directors with informative updates on State issues. Recommendation That the Board of Directors receive and file the Quarterly Legislative Update. Analysis 1. SUPPORT: None at this time. 2. OPPOSE: SB 623 – Water quality: Safe and Affordable Drinking Water Fund 3. WATCH: AB 196 – Greenhouse Gas Reduction Fund: water supply and wastewater systems AB 444 – Medical waste: home-generated medical waste AB 958 – Hazardous materials: perfluoroalkyl and polyfluoroalkyl substances AB 1036 – Organic waste: composting AB 1288 – Solid waste: management: funding AB 1750 – Elected officials: sexual harassment settlement agreements: liability AB 1870 – Employment discrimination: unlawful employment practices AB 1933 – Greenhouse Gas Reduction Fund: appropriations: recycling infrastructure projects AB 1938 – Employment discrimination: familial status AB 2003 – Public contracts: sanitation districts: notice SB 212 – Medical waste SB 452 – Emergency services: state of emergency SB 532 – Emergency services: state of emergency: cyberterrorism SB 705 – Solid waste: expanded polystyrene food service containers SB 831 – Land use: accessory dwelling units SB 937 – Lactation accommodation Summaries and analyses of each of the above bills are included in the attached document titled "Legislative Analysis Quarterly Report (Quarter 1)." Information about the above bills has been sourced from various organizations, including the California Special Districts Association (CSDA), California Association of Sanitation Agencies (CASA), Californians Against Waste, Northern California Recycling Association (NCRA), and the Department of Resources Recycling Recovery (CalRecycle). Subject 4. Quarterly Legislative Update - Quarter 1 Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors receive and file the Quarterly Legislative Update. Goals 5.3 Stay informed on applicable federal, state and regional regulations Legal Review Not applicable. Environmental Review Consideration of pending legislation 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 with the complete agenda packet for the February 13, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. File Attachments Legislative Analysis Quarterly Report (Quarter 1).pdf (119 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 13, 2018 Subject: Consider a New Agreement with CR&R Environmental Services for Door-to-Door Household Hazardous Waste Collection Program for Senior and Disabled Residents that Include Retroactively Paying for Services Already Rendered for Collecting Fluorescent Light Tubes and Household Batteries at Orange Coast College Summary Recently, the District received an invoice from CR&R for Household Hazardous Waste services provided at the Orange Coast College Recycling Center. The invoice is for the period of 2014 to 2017 in the amount of $55,713.54 Recommendation That the Board of Directors: 1. Receive and file this report; and 2. Direct staff to bring back a new agreement with CR&R Environmental Services on February 22, 2018 that will continue the Door-to- Door Household Hazardous Waste Collection Program for senior and disabled residents; and 3. Direct staff to include in the new agreement with CR&R the collection of fluorescent light tubes and household batteries at Orange Coast College (OCC); and 4. Direct staff to include in the new agreement with CR&R the services already rendered in 2016 and 2017 for collecting fluorescent tubes and household batteries at OCC. Analysis In August 2012 the District and CR&R entered into an agreement to provide Door-to-Door Household Hazardous Waste (HHW) services for the elderly, immobile and disabled residents within the District. The contract also directed CR&R to pick-up fluorescent light tubes and Subject 5. Consider a New Agreement with CR&R Environmental Services for Door-to-Door Household Hazardous Waste Collection Program for Senior and Disabled Residents that Include Retroactively Paying for Services Already Rendered for Collecting Fluorescent Light Tubes and Household Batteries at Orange Coast College Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Action Fiscal Impact Yes Budgeted No Budget Source Solid Waste Fund Recommended Action That the Board of Directors: 1. Receive and file this report; and 2. Direct staff to bring back a new agreement with CR&R Environmental Services on February 22, 2018 that will continue the Door-to-Door Household Hazardous Waste Collection Program for senior and disabled residents; and 3. Direct staff to include in the new agreement with CR&R the collection of fluorescent light tubes and household batteries at Orange Coast College (OCC); and 4. Direct staff to include in the new agreement with CR&R the services already rendered in 2016 and 2017 for collecting fluorescent tubes and household batteries at OCC. Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion household batteries from the Orange Coast College (OCC) Recycling Center every four to six weeks. The term of this agreement was for three years from August 21, 2012 to June 30, 2015 with two one-year extensions at the District's option. These extensions that would have made the contract valid through June 30, 2017 were never exercised. The contract stated that the District would be billed $98.00 per Door-to-Door HHW pick-up as well as be invoiced for pick-up and disposal costs of fluorescent light tubes and household batteries at the OCC facility not exceeding $21,000 in a calendar year. According to District records, the District stopped receiving invoices for HHW services at OCC in December 2012. Staff became aware of the issue late last year when reviewing the contract and not finding any extensions or invoices for services rendered at the OCC Recycling Center. District staff notified CR&R about the discrepancy and CR&R initially submitted an invoice to the District seeking payment for HHW services provided at the OCC Recycling Center over a five year period (2013 to 2017) of $57,485.20. According to California Code of Civil Procedure Section 337, within four years an entity or person may recover a balance due upon a contract or other obligation set forth in writing. If the District were to pay an amount beyond the statute of limitations it might be considered a gift of public funds. CR&R's 2013 invoice of $1,771.66 is past due and will not be paid in accordance with Section 337. Invoices up to June 30, 2015, totaling $22,649.95, were paid to CR&R because there was an existing contract for services rendered. However, the remaining invoices, totaling $33,063.59 were not paid because a contract with CR&R did not exist when the services were performed. At the Board of Directors February 22, 2018 meeting staff will present a new agreement with CR&R to continue the door-to-door HHW services, including fluorescent light tubes and household batteries pickups at OCC. The new agreement will retroactively cover the services rendered at OCC in 2016 and 2017. Exhibit A is a break down of the costs. Along with the invoice, CR&R has submitted detailed reports of quantity and type of material that has been collected over the years at the OCC Recycling Center. There were a total of 36 pickups completed between 2014 to 2017, below are charts illustrating total feet of fluorescent tubes, number of bulbs, and pounds of batteries collected over the last four fiscal years. Fiscal Year Feet of Fluorescent Tubes 2013-14 15,670 ft. 2014-15 25,992 ft. 2015-16 27,476 ft. 2016-17 29,538 ft. Fiscal Year Number of Bulbs 2013-14 1,570 2014-15 4,214 2015-16 4,540 2016-17 6,719 Fiscal Year Pounds of Batteries 2013-14 7,651 lbs. 2014-15 12,327 lbs. 2015-16 13,057 lbs. 2016-17 15,143 lbs. 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 There was $6,000 budgeted for Household Hazardous Waste in FY 2017-18. In order to pay the outstanding invoice for HHW services at OCC as well as fund a new agreement to continue providing these services, staff is recommending the below budget transfers for FY 2017 -18. In addition, approximately $30,000 will need to be appropriated from the Solid Waste Fund to cover these expenses. Transfer From Amount Educational Tours $18,000 Public Info/Ed/Com Prom $10,000 Sharps Program $5,000 Pharmaceutical $7,000 Anti-Scavenging $5,000 Total FY17/18 Transfers $45,000 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the February 13, 2018 Board of Directors Study Session 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. File Attachments Exhibit A - Revised OCC HHW Invoice Log 2012-2017.pdf (200 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: February 13, 2018 Subject: Medical Disposal Program Update Summary The pharmaceutical waste collection program collects expired or unwanted non-controlled pharmaceuticals, such as over-the-counter, prescription, antibiotics, cold and flu, and pet medications. This program is free of charge to residents and the program ensures proper disposal of medication and prevents further contamination of pharmaceuticals in the water stream. Recommendation That the Board of Directors receive and file this report. Analysis The District previously had three pharmaceutical collection boxes located at the Costa Mesa Senior Center, Ramsay Rexall Drugs and Harbor Compounding Pharmacy. In August of last year, the California State Board of Pharmacy passed a prescription drug take-back services regulation which made it difficult for Waste Management to be able to collect pharmaceuticals inside commercial pharmacies. The regulation required additional tracking on behalf of the participating pharmacies. The additional time created by these requirements would have made it difficult for the pharmacist and staff to continue to participate in the program. The new regulations only applied to pharmaceuticals being collected inside commercial pharmacies, thus staff recommended that a drop box be placed inside CMSD Headquarters. By placing a drop box inside CMSD Headquarters, the District would increase its visibility within the community as well as continue to provide a safe disposal of pharmaceutical waste to residents. The drop box located inside CMSD Headquarters was off to a slow start but over the last two months and with the help of additional promotion it has been emptied approximately every three weeks. Recently, staff had to tape up the drop box and place a sign asking residents not to place any more medication inside the box because it had completely overfilled. Consequently, staff amended their current contract with Waste Management and upgraded to a 43-gallon pharmaceutical drop box last week. With the extra capacity, the drop box will be able to serve more residents and staff will not have to turn anyone away. Many of the residents disposing of their unwanted medication would also come in with sharp waste so it was recommended that CMSD headquarters become a one-stop shop for residents and as of last week, they will be able to come in and dispose of both medical and sharp waste. Staff will continue to monitor these programs and will present to the Board an end of fiscal year report with more information about total waste collected. Attached are photos taken of the CMSD drop box when it was overfilled and closed for service. Legal Review Not Applicable Environmental Review The sharps and pharmaceutical waste collection program is not a disturbance of the environment similar to grading or construction and does not constitute a project under CEQA or the District's CEQA Guidelines. Subject 6. Medical Disposal Program Update Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors receive and file this report. Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion Financial Review There is no additional fiscal impact other than the funds provided in the adopted budget. There is $15,000 budgeted for the pharmaceutical collection program and so far $3,335 has been spent. In comparison, the sharps collection program has a budget of $13,000 and only $3,250 has been used to pay for collection and disposal of sharps. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the February 13, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Refer item back to staff with further instructions File Attachments IMG_9679.JPG (1,860 KB) IMG_9680.JPG (2,722 KB) IMG_9684.JPG (2,195 KB) D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Feb 13, 2018 - Board of Directors Study Session Access Public Type Agenda Item Details Public Content Administrative Content Executive Content Meeting Feb 13, 2018 - Board of Directors Study Session Category D. CLOSING ITEMS Subject 2. Adjournment Access Public Type Procedural THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, MARCH 13, 2018 AT 9:30 A.M. IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA.