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agendapacket_2018_10_10_cacWednesday, October 10, 2018 Citizens Advisory Committee WHEN: Wednesday, October 10, 2018 6:00 p.m. WHERE: Costa Mesa Sanitary District Headquarters 290 Paularino Avenue, Costa Mesa, CA 92626 CONTACT: Noelani Middenway, District Clerk PHONE: (949) 645-8400, Ext. 227 EMAIL: nmiddenway@cmsdca.gov A. Opening Items 1. Call to Order & Roll Call 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 Citizens Advisory Committee about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Citizens Advisory Committee are 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. Receive Public Comments C. ITEM 1. September 20, 2018 Draft Board of Directors Meeting Minutes 2. Follow Up Question from the September 12, 2018 CAC Meeting 3. CR&R Performance Review 4. Door-to-Door HHW Program 5. Performance Measurement Program 6. CMSD 75th Anniversary - Consider Appointing two CAC members to serve on the 75th Anniversary Ad Hoc Committee 7. Consider Sending a Letter to the Board of Director Requesting Permission for the CAC to Research Board Term Limits D. Closing Items 1. Board/Staff Comments 2. Adjournment Wednesday, October 10, 2018 Citizens Advisory Committee WHEN: Wednesday, October 10, 2018 6:00 p.m. WHERE: Costa Mesa Sanitary District Headquarters 290 Paularino Avenue, Costa Mesa, CA 92626 CONTACT: Noelani Middenway, District Clerk PHONE: (949) 645-8400, Ext. 227 EMAIL: nmiddenway@cmsdca.gov A. Opening Items Citizens Advisory Committee Mike Carey, Chair Albert Graham, Jr., Vice Chair Andrew Nielsen Elodie Katz Jana Oak Mike McIlroy Monte Fields Phil Marsh Sue Lester Tom Brenneman Shayne Smith Subject 1. Call to Order & Roll Call Meeting Oct 10, 2018 - Citizens Advisory Committee 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 Citizens Advisory Committee about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Citizens Advisory Committee are 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. Receive Public Comments Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Procedural C. ITEM Board of Directors Regular Meeting (Thursday, September 20, 2018) Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Burns (District Counsel), Marc Davis (District Treasurer), Robin Hamers (District Engineer), Noelani Middenway (District Clerk), Dyana Bojarski (Management Analyst II), Gina Terraneo (Management Analyst II) Others present Jim Mosher (resident) Meeting called to order at 5:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order - President Scheafer President Scheafer called the meeting to order at 5:30 P.M. Procedural: 2. Pledge of Allegiance - President Scheafer President Scheafer led the Pledge of Allegiance. Procedural: 3. Invocation - Vice President Ferryman Vice President Ferryman 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, Noelani Middenway, conducted roll call and all Board Members 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. General Manager, Scott Carroll, noted that District staff received written correspondence from Jim Mosher, a resident, indicating that there is a typographical error in the August 14, 2018 Study Session Meeting Minutes. Ms. Middenway noted that there is an instance in the minutes where "has" should replace "as." Procedural: 6. Ceremonial Matters and Presentations None at this time. 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 Subject 1. September 20, 2018 Draft Board of Directors Meeting Minutes Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Receive and File 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. Procedural: 1. Public Comments Jim Mosher, a resident, thanked the District for continuing to post agendas for Liaison Committee Meetings. He noted that Board Meetings usually take place on the fourth Thursday of the month, making tonight's Board Meeting one week early. Lastly, he suggested that the District include information about its upcoming November elections on its website for the purpose of transparency. President Scheafer noted that the District moved this month's Board Meeting to the third Thursday of the month because the entire Board of Directors is attending the California Special Districts Associations' annual conference next week. C. 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. 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 August 14, 2018 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 August 23, 2018 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. 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): 5. Approve Payroll Transparency Disclosure for August 2018 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 6. Adopt Warrant Resolution No. CMSD 2019-3 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2019-3 approving District warrants for the month of August 2018 in the amount of $1,317,377.90. Action: 7. Approve the preparation of a warrant to CR Transfer in the amount of $219,494.99 for August 2018 recycling and disposal services in the September 2018 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $219,494.99 for August 2018 recycling and disposal services to be ratified in the September 2018 warrant register. Action (Consent): 8. Accept the occupancy count as presented as 22,655 and direct staff to prepare a warrant to CR&R Environmental Services for $221,914.79 for August 2018 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 22,655 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2018 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $221,914.79 to be ratified in the September 2018 warrant list. Assistant Secretary Ooten requested to pull Item C9 for discussion. Motion: That the Board of Directors approve the Consent Calendar as presented, excluding Item C9. Motion by Art Perry, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no discussion. Action (Consent): 9. Investment Report for the Month of August 2018 Recommendation: That the Board of Directors approve the Investment Report for the month of August 2018. Assistant Secretary Ooten requested clarification regarding the negative "Undesignated" amount shown on page 1 of the investment report. District Treasurer, Marc Davis, noted that this does not mean that there is no cash in this fund. He explained that the District is currently in its "dry" period, during which no revenue comes in. He noted that about $2.9 million has been designated for this period of July through November 2018. Mr. Davis added that this number will become positive again once the allocations come in. Motion: That the Board of Directors approve the Investment Report for the month of August 2018. Motion by Art Perry, second by Jim Ferryman. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER'S REPORTS Action: 5. Consider Approving CMSD Holiday Hours and Closures Recommendation: That the Board of Directors approves the proposed holiday hours and closures. President Scheafer noted that District staff requested to move up Item E5. Management Analyst II, Dyana Bojarski, provided report details. She noted that the Board of Directors is being asked to consider the proposed holiday hours and closures. Director Perry asked if employees are permitted to work alone during closures. Mr. Carroll confirmed that employees are permitted to work alone, but noted that they can be scheduled to work together if there are safety concerns. Assistant Secretary Ooten suggested that the District update its Operations Code to include the holiday schedule, so that the item does not have to be approved by the Board of Directors each year. Director Perry asked if there has ever been a situation where nobody chose to work during a closure. Mr. Carroll responded that there has always been at least one employee that chooses to work during holiday closures. Director Perry asked when the City of Costa Mesa's holiday closure takes place. President Scheafer noted that the City of Costa Mesa closes for the entire week between Christmas and New Year's Day. Motion: To approve the proposed holiday hours and closures. Motion by Bob Ooten, second by Arlene Schafer. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Action: 1. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program Recommendation: That the Board of Directors approve the recommended revisions to the FOG Program and direct staff to report back with amended FOG Program Manual, FOG Polices and FOG Ordinance for final approval. Mr. Carroll provided report details. He shared that EEC Environmental made recommended revisions to the FOG program, which the Board of Directors is being asked to consider approving. Director Perry commented that EEC Environmental provided a well-done presentation at the September 11, 2018 Study Session. He asked if District Counsel, Alan Burns, would review the amended documents. Mr. Carroll confirmed that Mr. Burns will review the FOG Ordinance, as well as the Program Manual and Policies. Motion: To approve the recommended revisions to the FOG Program and direct staff to report back with an amended FOG Program Manual, FOG Polices, and FOG Ordinance for final approval. Motion by Bob Ooten, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Action: 2. Consider Contribution Program Application for Costa Mesa High School Football Boosters Recommendation: That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High Football Boosters; and 2. Describe how the expenditures will advance CMSD’s purpose; and 3. Consider contributing $500 to continue hanging an Organics Recycling Program banner at Mustangs field. Management Analyst II, Gina Terraneo, presented a Contribution Program Application from the Costa Mesa High School Football Boosters. She noted that the Boosters are requesting that the District hang one or two banners promoting a recycling program at Mustangs field. Director Perry asked if the District must provide updated artwork for the banner. Ms. Terraneo confirmed that the District would provide the banner artwork. Secretary Schafer indicated support for continuing to promote the Organics Recycling Program with the banner. Vice President Ferryman commented that the District could use two different banner designs if they elect to sponsor two banners for $1,000. President Scheafer asked if the District has the option of sponsoring one banner on Arlington Drive. Director Perry commented that the banners are difficult to see on Arlington Drive if cars are driving by quickly. Discussion followed regarding the banner size. Mr. Carroll commented that Ms. Terraneo is the liaison to contribution program applicants. President Scheafer suggested that the District continue promoting the Organics Recycling Program this year and update the banner artwork next year to promote the Door-to-Door Household Hazardous Waste Collection Program. Secretary Schafer indicated agreement. Motion: To contribute $500 to the Costa Mesa High School Football Boosters in order to hang a banner at Mustangs field for the purpose of educating the school and the community about the District's Organics Recycling Program. Motion by Jim Ferryman, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Action: 3. Adopt Resolution No. 2018-911 Endorsing the Candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee Recommendation: That the Board of Directors adopt Resolution No. 2018-911 endorsing the candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee Mr. Carroll noted that Secretary Schafer has expressed interest to serve as 2nd Vice President for ISDOC. He added that the Board of Directors is being asked to consider adopting Resolution No. 2018-911 to endorse her candidacy. Discussion followed regarding several current ISDOC Board Members that are not running for re-election and ISDOC's election process. Motion: To adopt Resolution No. 2018-911 endorsing the candidacy of Arlene Schafer to the position of 2nd Vice President of the Independent Special Districts of Orange County (ISDOC) Executive Committee. Motion by Mike Scheafer, second by Art Perry. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Action: 4. Citizens Advisory Committee (CAC) September 12, 2018 Meeting Overview Recommendation: That the Board of Directors receive and file this report. Mr. Carroll presented an overview of the September 12, 2018 CAC meeting and welcomed questions. President Scheafer noted that he will attend the next CAC meeting. He commented regarding the interaction between Secretary Schafer and CAC Member Lester at the September 12, 2018 CAC meeting. There was no further discussion and the report was received. F. ENGINEER'S REPORTS Receive and File: 1. Receive and File Monthly Capital Improvement Projects Status Report Recommendation: That the Board of Directors receive and file the report. District Engineer, Robin Hamers, presented report details. He noted that Phase 11 will be the final phase of Grade 5 Repairs and the Canyon Pump Station and Force Main project will go out to bid shortly. Mr. Hamers added that the bids for Project #318 President Pump Station Reconstruction came in high and noted that alternatives will be discussed at the next Study Session. Vice President Ferryman asked Mr. Hamers if he thinks that the District would get a lower bid if the project was put out to bid again. Mr. Hamers commented that he believes that the bids would increase. He noted that the Board of Directors will be presented with options at the next Study Session. Director Perry confirmed that the District is given 30 days to accept a bid and the District will surpass the 30 days. Assistant Secretary Ooten commented that there was substantial savings from a past force main project. Mr. Hamers commented that the low bidder was not satisfied with their own bid. Discussion followed regarding the options that will be presented at the next Study Session. There was no further discussion and the report was received. G. TREASURER'S REPORTS None at this time. H. ATTORNEY'S REPORTS Action: 1. Adopt Ordinance No. 120 to Recover Costs when Private Property Owners Refuse Access to CMSD Facilities Recommendation: That the Board of Directors Adopt Ordinance No. 120 to recover costs when private property owners refuse access to CMSD facilities. Mr. Carroll provided background information regarding an incident in which a property owner denied District staff access to the easement in his backyard, which ended up costing the District nearly $5,000. He noted that Mr. Burns drafted an ordinance to recover costs if the District is denied access to its easements in the future. Mr. Carroll shared the the Citizens Advisory Committee approved the recommendation of Ordinance No. 120, but noted that the CAC also recommended sending the property owner a courtesy notice prior to the date of entry and to allow the property owner to provide a written viable justification if they refuse access to the easement. Mr. Burns noted that the Health and Safety Code allows the District to access its easements on private property. He explained that the District has a right to enact laws to protect its facilities and Ordinance No. 120 upholds that the property owner has a duty to allow the District to access its facilities (subject to reasonable notice). Mr. Burns added that the ordinance will allow the District to recover costs associated with a property owner that refuses the District access to its facilities. President Scheafer asked if the ordinance outlines a timeline or procedures for the notification process. Mr. Carroll noted that the ordinance only addresses the District's ability to recover costs. President Scheafer asked if the District's Operations Code will be updated to define the timeline and notification process. Mr. Carroll replied that a change to the Operations Code would require an additional ordinance. Mr. Burns commented that the District can create a policy to address the timeline and notification process. He noted that the District must provide reasonable notice to the property owner. Mr. Carroll confirmed that the District will develop a policy to address the timeline and notification process. Director Perry asked how many easements the District has on similar private properties. Mr. Carroll replied that he is unsure, but noted that there are several. Discussion followed regarding the rarity of instances where the District is denied access to its easements. Mr. Carroll described the courtesy notice suggested by the CAC. He commented that the courtesy notices would be an example of good customer service. Secretary Schafer asked if the District can recover the costs associated with the incident that Mr. Carroll described. Mr. Carroll noted that the District is not able to recover the costs, since the ordinance was not in place at that time. Motion: To adopt Ordinance No. 120 to recover costs when private property owners refuse access to CMSD facilities. Motion by Art Perry, second by Jim Ferryman. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Mr. Burns provided an update regarding the Luna & Sons Concrete prosecution. He also shared that a Brown Act case was resolved in favor of public agencies to uphold the constitutionality of time limits for public comments. Directory Perry asked if the District incurred costs in regards to the Luna & Sons Concrete incident. Mr. Carroll noted that the District was reimbursed for the costs it incurred. 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) - (Vice President Ferryman) Vice President Ferryman noted that there is no OCSD meeting until next week, but he shared that he attended an OCSD Administration meeting. President Scheafer shared that he received an e-mail regarding OCSD's open house in October. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry noted that the SARFPA meeting will take place next week. 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer) President Scheafer provided updates regarding the adopted Local Agency Formation Commission (LAFCO) dues. He added that Kelly Hubbard is recommending that ISDOC have representation on the Operational Area Executive Board. 4. California Special Districts Association (CSDA) - (Secretary Schafer) Secretary Schafer provided updates regarding the Chamber of Commerce's Government Affairs Committee, CSDA's video contest, ISDOC elections, and incident reports released by the City of Costa Mesa. 5. Special District Risk Management Authority (SDRMA) - (President Scheafer) President Scheafer shared that SDRMA selected Laura Gill as its new Chief Executive Officer. He requested to see an inventory of items that are listed on the District's property liability bill. 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Assistant Secretary Ooten noted that he attended OCSD's Operations Committee meeting and the Water Advisory Committee of Orange County meeting. J. 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 shared that a friend in Newport Beach had a private sewer overflow that resulted in costly repairs. Secretary Schafer shared that she attended the Citizens Environmental Protection Academy tour of CR&R's Anaerobic Digestion facility on September 14th. She commented that the facility is impressive. Vice President Ferryman shared that the Costa Mesa Newport Harbor Lions Club Fish Fry takes place this weekend. M. ADJOURN TO CLOSED SESSION There was no closed session. N. RECONVENE TO OPEN SESSION There was no closed session. O. CLOSING ITEMS Procedural: 1. Adjourn President Scheafer adjourned the meeting at 6:47 P.M. C. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: October 10, 2018 Subject: Follow Up Questions from September 12, 2018 CAC Meeting Summary At the September 12 CAC meeting, there was one question from committee members that staff could not answer at the time. Staff informed the CAC that we will report back with an answer, which is provided below. Analysis After staff gave a presentation about the features on CMSD's website, the Committee inquired how much traffic the website is experiencing. Below are some key metrics regarding CMSD's website: Website Visits (2018 year-to-date) 45,428 unique visitors 80,799 visits 3,206,191 hits Top Page Visits (2018 year-to-date) Large Item Collection Program – 17,496 Views Holiday Trash Schedule – 8,301 Views Wastewater – Upcoming Projects – 6,300 Views Contact Us – Questions? – 3,192 Views Solid Waste – Recycling Resources – What Do I Do With… – 2,986 Views Human Resources – Career Opportunities – 1,644 Views Solid Waste – 1,613 Views Contact Us – 1,376 Views District Clerk – Records – 1,304 Views Solid Waste FAQs – 1,297 Views Top ways that users are directed to CMSD’s website: Direct address/bookmark/link in email (64.95%) Link from search engine such as Google, Bing, Yahoo, etc. (33%) Link from external page (websites other than search engines (1.45%) Unknown origin (0.4%) Legal Review Not applicable Environmental Review Answering questions to the CAC 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 This item has no financial impacts to the District Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 10, 2018 Citizens Advisory Committee meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions Subject 2. Follow Up Question from the September 12, 2018 CAC Meeting Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Discussion 1. Direct staff to report back with more information C. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: October 10, 2018 Subject: CR&R Performance Review Summary Per Section 40 of the Agreement, the “DISTRICT shall complete a yearly performance review of the trash collection and recycling program on a yearly basis and CONTRACTOR and DISTRICT shall meet to discuss and resolve problems that may be occurring in the programs. DISTRICT shall prepare a performance review form that allows for evaluation of services provided at the residences as well as administrative services including report preparation, accuracy, and timeliness of transmittal, responsiveness to inquiries, database management, service levels and helpfulness.” Recommendation Staff is providing the Citizens Advisory Committee with the results of the yearly performance review for FY 2017-18. Analysis The evaluation term was July 1, 2017 to June 30, 2018. The performance was evaluated on the following grading scale: Excellent, Satisfactory, Unsatisfactory, and Not Applicable. Staff reviewed CR&R's performance in six areas and made the following findings: 1. Cost/Price Control: The standard per-unit net-to-hauler payment for the review period decreased to $17.88 from $17.94 in FY 2017- 18, due to adding more units but the overall tonnage not increasing. CR&R's increased net-to-hauler calculation is $0.82 below the required County average of $17.00 plus 10% for a maximum rate allowed of $18.70. The average excludes Laguna Woods per our agreement, therefore, CR&R is in compliance with maintaining the "most favorable" net-to-hauler rate for the District. 2. Schedule Control: District staff tracks hauler complaints using GovOutreach software for complaints submitted through the District's mobile and web application. There were a total of 76 missed curbside pickup complaints received through GovOutreach from July 2017 to June 2018. In addition to complaints received thorough GovOutreach, staff logged 46 separate complaints about missed pickups received via email and phone calls, but staff believes that the actual number is much higher. In comparison, CR&R's monthly complaint reports for fiscal year 2017-2018 only reported a total of 39 missed pickups for the entire year. While staff is concerned about the increase number of missed collections, it is still less than 1% of the 22,685 units CR&R collects from every week. 3. Contract Administration: CR&R promptly sends District staff month-end reports (weight tickets, occupancy reports, HHW work orders and complaint log) for processing, but there has been an ongoing issue with invoices being incorrect. Weight tickets are checked against invoices for accuracy and they always check out, but invoice totals have been consistently off by several dollars, CMSD was under billed $625.55 during the fiscal year in review. The accounting issue has been discussed with CR&R staff, but the District has been told to pay the amount that staff thinks is correct. 4. Responsiveness to Government: Overall, CR&R is responsive to District requests and calls. In regards to public outreach, CR&R provided special event trash boxes for community events such as the Costa Mesa Foundation's Concerts in the Park series, the Costa Mesa Community Run, and the Lions Club Fish Fry. Additionally, CR&R provided a bale of aluminum cans for the annual "Count the Cans" contest at the Costa Mesa Community Run. CR&R also participated in the second annual Truck Adventures for Kids event, they provided a trash truck which attendees really enjoyed. In comparison to last fiscal year, District staff only received 4 complaints about missed Christmas tree pickups in the weeks following Christmas Day. Improvements can be made in regards to assistance scheduling Subject 3. CR&R Performance Review Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Action, Receive and File Recommended Action That the Citizens Advisory Committee receive and file this report Goals 2.00 Solid Waste 2.2 Annual Contract Audits CR&R facility tours. CMSD staff experienced a lot of pushback from CR&R staff when requesting tours of the Stanton MRF and AD facility in Perris for the Citizens Environmental Protection Academy. 5. Contract Compliance with Operational Requirements: The Master Manifest substantiates a 59.44% diversion rate for the audit period; therefore CR&R has met the required 50% diversion rate, as requested in the Agreement. 6. Key Personnel: CMSD's consultant, Michael Balliet Consulting, LLC (MBC) confirmed that CR&R continuously maintains their employee policy, and is therefore found in compliance. In February 2017, CR&R replaced their representative and Route Manager to CMSD. The new representatives are cooperative and have taken the time to learn about District programs. In addition, MBC provided a partial compliance review of 26 specified items per agreement requirements. The review, attached to this report, found that CR&R exhibited an acceptable compliance, passing 26 of 26 areas of review. Legal Review Not Applicable. Environmental Review A performance review of CR&R in and of itself is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. The programs of CR&R, such as the organics programs, receive individual CEQA review when they are initiated or revised. Financial Review The cost to perform the partial compliance audit review by Michael Balliet is $3,990. This cost was approved in the FY 2017-18 Budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 10, 2018 Citizens Advisory Committee meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions Refer item back to staff with further instructions. File Attachments Mike Balliet Final Report FY17-18.pdf (734 KB) 17-18 CR&R Review.pdf (248 KB) C. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: October 10, 2018 Subject: Door-to-Door HHW Program Summary As of July 1, 2018, the Costa Mesa Sanitary District expanded it's Door-to-Door Household Hazardous Waste (HHW) Program and it is now available to all CMSD residents. Previously, the program was limited to District residents who may not otherwise have had the ability to recycle or dispose of their hazardous materials at permanent HHW facilities. Staff is providing the Citizen Advisory Committee with an overview of the program. Recommendation That the Citizens Advisory Committee provide staff with comments and suggestions regarding the Door-to-Door HHW Program. Analysis Previously, the Door-to-Door HHW collection program allowed senior citizens (62 years of age or older), immobile and/or disabled individuals to dispose of their HHW materials without leaving their homes. Non-eligible residents had to take their HHW materials to a permanent HHW facility, the closest facility to Costa Mesa is located in Huntington Beach. As of July 1, 2018, the program has expanded to include all CMSD households. Residents are eligible for three HHW pickups per year and each pickup is limited to 15 gallons or 125 pounds of HHW materials. The scheduling of a Door-to-Door HHW collection has remained the same and works as follows: 1. District residents contact CR&R at (949) 646-4617, Monday through Friday from 8:00 a.m. to 5:00 p.m. to schedule a pickup. Residents can also submit a request through CMSD's online request system. 2. CR&R will verify the quantity and type of HHW materials to be collected. 3. CR&R will coordinate the pickup time and provide information on how to properly store and package the HHW materials. 4. On collection day, the District resident must place the bags or containers at the front of their house by 7:00 a.m. The District resident does not need to be home for the items to be collected. In fiscal year 2017-18 a total of 61 pickups were completed, a slight decrease from the previous fiscal year where 64 pickups were fulfilled. With the program being available District-wide, staff is expecting the total number of pickups to exponentially increase. For the months of July and August the total number of pickups completed have been 64, staff will continue to monitor the program and provide the Committee with a program update at the end of the fiscal year. Promotion of the expanded program has been limited to social media posts and an article in the CMSD Fall Newsletter. Staff is working on a promotional campaign for the program now that all the summer events are coming to an end. Below is a chart illustrating a steady increase in the number of HHW pickups over the last five years as well as pickups completed so far during this fiscal year. Subject 4. Door-to-Door HHW Program Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Action, Receive and File Recommended Action That the Citizens Advisory Committee receive and file this report Goals 2.00 Solid Waste 2.4 Develop Strategies for 75% Waste Diversion Common HHW products picked up include: Paint Batteries Motor oil & Filters Light bulbs Antifreeze Cleaning products Paint thinner Automotive Fluids Fertilizers Wood Stain Fluorescent lights Pesticides Legal Review Not applicable Environmental Review The Door-to-Door Household Hazardous Waste (HHW) 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. Financial Review There is no additional fiscal impact to the District for the Door-to-Door HHW Collection Program because the program is provided by CR&R and funded by the new contract between the District and CR&R. The program is paid through the existing rate structure with CR&R. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 10, 2018 Citizens Advisory Committee 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 pickups by FY.png (4 KB) C. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: October 10, 2018 Subject: Performance Measurement Program Summary A new tool has been developed to engage with staff, the Board and members of the public on how well the District is performing. A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency, effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is to continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the public. Recommendation That the Citizens Advisory Committee direct staff to present the proposed Performance Measurement Program to the Board of Directors for their approval consideration. Analysis Public demand for local government service has been rising steadily for the past decade along with the insistence that services be provided efficiently and effectively. In addition, the public is demanding that local government programs produce their intended results, but how do you know when a local government is operating efficiently, effectively and producing the intended results? Local governments that are in pursuit of service quality, efficiency and intended results have been using performance measurement as a useful tool that confirms their success and alerts to programs in need of greater scrutiny. Citizens like to be reassured that their government officials are properly minding the store. Many citizens may have little interest in most of the details that are required for delivering effective and efficient services, but they rightfully expect their elected and appointed officials will monitor the agency's performance and will ensure the quality of service is provided at a fair price. A good set of performance measures is important for building accountability throughout the organization. By compiling and analyzing data against a benchmark government officials can confirm if the organization is meeting expectations and delivering quality of service. In addition, publication of performance measures allows elected officials to be accountable to their constituents for local government operations as a whole. According to David N. Ammons 2007 article in County and Municipal Government in North Carolina, "True accountability means more than just assuring the public that revenues are properly collected and reported and that expenditures are made in accordance with prescribed procedures. Accountability includes these important assurances but also entails assurances to the public that government resources are being spent wisely as well as legally and that service of good quality are being produced efficiently. Performance measurement offers a tool for providing such assurances." There are many types of performance measurements including input, output, efficiency and outcome. The District's Performance Measurement Program will focus on outcome measures because the measures will gauge the quality of service and the extent to which the objective is being achieved. For example, the number of sanitary sewer overflows per 100 miles or percent of complaints responded by staff within one business day are outcome measures. Determining the organization's efficiencies can be engaged using outcome measures. For example, the average number of business days it takes staff to respond to a public records request (PRA) with the requested documents is an outcome measure that tracks staff's efficiency to responding to PRAs. Output measure are used to demonstrate the productivity of the organization. The District will use output measures to demonstrate the District's commitment to Subject 5. Performance Measurement Program Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Action Fiscal Impact No Recommended Action That the Citizens Advisory Committee direct staff to present the proposed Performance Measurement Program to the Board of Directors for their approval consideration. Goals 5.0 Administrative Management actively engage with residents through social media outlets. For example, the number of engagements on Twitter, Facebook and Instagram is an output measure. A Performance Measurement Team consisting of the general manager, district clerk, finance manager, wastewater maintenance superintendent and several management analysts was created to develop the District's Performance Measurement Program. The Team established the following objectives: 1. Develop performance measurement outcomes that are meaningful. 2. The data obtained is defendable. 3. The measures are: Short and concise Easy to read and understandable 4. On-going monitoring The Team identified the following functions or attributes to measure for organizational excellence. 1. Efficiency 2. Effective Workforce 3. Customer Satisfaction 4. Cost Effectiveness 5. Citizen Engagement 6. Transparency Each attribute will have four to ten measures related to the attribute. In addition, each measure will be tied to strategic goals identified in the 2015-20 Strategic Plan. Attached is a sample attribute with measures. The second attachment are the actual attribute and measures that include 2018 data from January 1 through September 30. If the Performance Measurement Program is recommended by the CAC and eventually approved the Board of Directors the next steps are as follows: 1. Post performance measurement information on CMSD website and on social media 2. Continue discussing performance outcome in open public meetings such as the CAC, Board of Directors, State of the District and/or the Citizens Environmental Protection Academy. 3. Develop and adopt policies and procedures to a systematic approach to measure, analyze and report on performance of services provided by CMSD that strive for continuous improvement. 4. Submit application to International City/County Management Association (ICMA) for Certificate of Excellence in Performance Management. Legal Review Not applicable Environmental Review Implementing a Performance Measurement Program 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 are no financial impacts to the District for implementing a Performance Measurement Program Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 10, 2018 Citizens Advisory Committee 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 Performance Measurement.pdf (175 KB) Outcome and Performance Measurement Program.pdf (505 KB) C. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: October 10, 2018 Subject: CMSD 75th Anniversary - Consider Appointing two CAC members to serve on the 75th Anniversary Ad Hoc Committee Summary 2019 will be the Costa Mesa Sanitary District's 75th Anniversary. CMSD Strategic Goal 4.5 requires the approval of an ad hoc committee that consists of Board members and staff to plan year-long activities for recognizing the District's 75th Anniversary. Recommendation That the CAC considers appointing two members to serve on the 75th Anniversary Ad Hoc Committee Analysis Strategic Goal No. 4.5 states the following: "2019 will be the District’s 75th Anniversary since incorporation in 1944. Planning for an anniversary requires the influx of interesting ideas from all District employees, Board of Directors and the public as it leads to positive engagements and better participation from everyone in the District. Besides the idea of enjoying and celebrating our success, the anniversary is indirectly an excellent way to demonstrate the District’s achievements to residents. A promotional campaign during an anniversary is always a sure recipe for recognition and success." On September 26, 2013, the Board of Directors established a temporary ad hoc committee to plan activities for celebrating CMSD's 70th Anniversary. On October 25, 2018, the Board is going to consider creating an ad hoc committee to help plan activities celebrating the District's 75th Anniversary. Obtaining suggestions from members of the public will help ensure activities are successful and meaningful to the public and therefore, staff believes having two members from the CAC serve on the ad hoc committee would be ideal. The committee will determine how often to meet and will bring back their recommendations to the Board for their approval consideration. Legal Review After reviewing some case law, District Counsel believes the 75th Anniversary Ad Hoc Committee would be subject to the Brown Act. Environmental Review Determining whether an ad-hoc committee should be formed to celebrate the District's 75th year 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 $97,800 budgeted for public information/Education/Community Promotion in the FY 2018-19 Budget. However, there is no specific line item budget for celebrating the 75th Anniversary. CMSD spent $7,771 for the 70th Anniversary celebration activities, so staff anticipates a budget of $10,000 for this endeavor is appropriate. Funding could be absorbed in the budget, but staff may return at a later date to request additional appropriation for public information, education and/or community promotion. Public Notice Process Subject 6. CMSD 75th Anniversary - Consider Appointing two CAC members to serve on the 75th Anniversary Ad Hoc Committee Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Action Recommended Action That the CAC considers appointing two members to serve on the 75th Anniversary Ad Hoc Committee Goals 4.0 Community Outreach & Communications 4.5 Celebrate the District’s 75th Anniversary Copies of this report are on file and will be included with the entire agenda packet for the October 10, 2018 Citizens Advisory Committee meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information C. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: October 10, 2018 Subject: Consider Sending a Letter to the Board of Director Requesting Permission for the CAC to Research Board Term Limits Summary On September 12, 2018, the CAC directed staff to bring this item back to the October 10 agenda for CAC consideration. Recommendation That the Citizens Advisory Committee provide direction to staff. Analysis On September 12, 2018, the CAC directed staff to bring this item back to the October 10 agenda for CAC consideration. Legal Review If the Board approves CAC request, District Counsel may be involved to help guide the CAC on their recommendation. Environmental Review Determining to send a letter to the Board of Directors requesting permission for the CAC to research Board term limits 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 no impact to the District, but if District Counsel does get involved the District will incur legal costs. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 10, 2018 Citizens Advisory Committee meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Do not send a letter to the Board of Directors. 2. Direct staff to report back with more information. Subject 7. Consider Sending a Letter to the Board of Director Requesting Permission for the CAC to Research Board Term Limits Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Action Recommended Action That the Citizens Advisory Committee provide direction to staff. D. Closing Items Subject 1. Board/Staff Comments Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Presentation D. Closing Items The next Citizens Advisory Committee meeting will be held on Wednesday, November14, 2018 at 6:00PM at 290 Paularino Avenue, Costa Mesa. Subject 2. Adjournment Meeting Oct 10, 2018 - Citizens Advisory Committee Access Public Type Procedural