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Minutes_2019_12_04_Policy ReviewProtecting 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 Policy Review Ad Hoc Committee 290 Paularino Avenue Costa Mesa, California 92626 MINUTES December 4, 2019 8:00 a.m. Committee members present: Director Art Perry, Director Michael Scheafer, Citizens Advisory Committee Member Monte Fields, General Manager Scott Carroll, Administrative Services Manager Dyana Bojarski, Management Analyst II & Acting District Clerk Gina Terraneo Committee members absent: Citizens Advisory Committee Member Steven Takahashi Others present: There were no members of the public present. 1. Call to Order General Manager, Scott Carroll, called the meeting to order at 8:03 a.m. 2. Discussion of District Policies General Manager, Scott Carroll, stated that the Committee is reviewing the Operations Code, which was last revised on August 22, 2019. Director Scheafer asked if changes to the Operations Code need to be approved by the Board of Directors. Administrative Services Manager, Dyana Borjaski, noted that only items that are addressed to the Board of Directors require their approval. Management Analyst II & Acting District Clerk, Gina Terraneo, identified Ordinance 129 on page 23 as the most recent revision to the Operations Code. Director Scheafer discussed Section 1.03.010. “Citation Authority” on page 1 of the Operations Code. Mr. Carroll clarified that the District’s Code Enforcement Officer is allowed to make arrests when necessary. Policy Review Ad Hoc Committee Minutes December 4, 2019 Page 2 of 5 Director Scheafer asked about the specific process for making arrests and if the Costa Mesa Police Department is involved. Mr. Carroll suggested having District Counsel review the clause. Mrs. Bojarski noted that the Code Enforcement Officer is required to have a certificate that gives him/her the power to make arrests. Mr. Carroll highlighted that page 2 discusses the process of someone being arrested for a misdemeanor by the District. He noted that the District typically issues infractions for violations rather than misdemeanor charges. Director Perry suggested revising Section 1.03.020 on pages 1-2. Mrs. Bojarski noted a couple of grammatical mistakes found in Section 1.04.010 on page 3. Mr. Carroll stated that if anything changes in State and Federal law regarding sexual harassment, then the District’s Operations Code will be revised to reflect those changes. Mrs. Bojarski confirmed his statement and noted that the Operations Code states the process of carrying out such changes. Mrs. Bojarski noted that Section 1.04.020 “Nondiscrimination” on page 3 needs to be updated to cover more categories of discrimination. Director Perry asked if there have been any recent claims against the District. Mrs. Bojarski shared that there have been two recent claims filed. Mr. Carroll discussed Chapter 1.06 “Administrative Citations” on page 6. He noted that District Counsel wrote the section about nine years ago. He shared that the District used to have hearings regarding scavenging, but they have not had a hearing lately. Director Scheafer inquired about certified and electronic mail under Section 1.06.030 “Administrative Citation Generally” on page 8. Mr. Carroll pointed out that not everyone may have a computer or an address to receive mail; therefore, both methods of issuing administrative citations are necessary. He made a note to consult District Counsel about electronic mail. Mrs. Bojarski and Mr. Carroll confirmed that the District utilizes certified mail. Policy Review Ad Hoc Committee Minutes December 4, 2019 Page 3 of 5 Director Scheafer asked when the last time the administrative citation fines were updated in Section 1.06.070 “Administrative Fine” on page 9. Mr. Carroll shared that the dollar amounts have been changed in the last ten years. He also noted that the District has never issued a citation. Director Perry inquired about the administrative hearing process under Section 1.06.080 “Administrative hearing,” paragraph (e) “Administrative Order” on page 11. Director Scheafer asked if the District has ever used a collection agency for unpaid fines. Mrs. Bojarski stated that she has researched collection agencies and found them to be too expensive. She and Mr. Carroll noted that they could not recall ever having used a collection agency. The Committee discussed unpaid bills and the use of payment plans. Mr. Carroll shared that if a bill goes unpaid for over a year, then it will be added to the resident’s property tax. The Committee discussed the District’s email retention policy and the use of personal email addresses for District business. Mr. Carroll noted to ask District Counsel about personal email addresses regarding the District’s email retention policy. The Committee discussed Chapter 2.01 “Definitions” on page 17. Mrs. Bojarski suggested having the “Definitions” listed at the beginning of the Operations Code. The Committee discussed the definition of “Solid Waste” on page 18. Mr. Carroll recommended deleting the word “Assistant,” found on page 20 under Section 3.01.020, since there is no longer an “Assistant Secretary” position on the Board of Directors. Mrs. Bojarski recommended adding Newport Mesa Unified School District to #20 under Section 3.01.030 “Compensation” and deleting #25. Citizens Advisory Committee Member, Monte Fields, inquired about compensation approval for Board Directors who attend a meeting on the District’s behalf. Mr. Carroll explained that Board Members must submit an expense sheet to staff in order to get compensated. Policy Review Ad Hoc Committee Minutes December 4, 2019 Page 4 of 5 Mr. Carroll recommended removing the first sentence of Section 3.01.060 “Time of Regular Meetings” on page 23. Mr. Carroll and Director Perry recommended removing the first sentence from paragraph (f) of Section 3.01.074 “General Public Meeting Rules” on page 24 regarding the appointment of a sergeant at arms. Mr. Carroll suggested making Section 3.01.075 “Agenda distribution” on page 24 consistent with the District’s paperless agenda policy. Mr. Fields inquired about stating the duties of a sergeant of arms in the Operations Code. Director Scheafer stated that such duties are defined in the Brown Act. The Committee discussed paragraph (c) of Section 3.01.090 “Conferences, Travel and Expenses” on page 25. Mrs. Bojarski and Director Scheafer recommended including the statement, “Board approval is required for any lodging within Orange County” to paragraph (c) of Section 3.01.090 “Conferences, Travel and Expenses” on page 25. Mr. Carroll suggested including language for credit card procedures by Board Members to paragraph (g) of Section 3.01.090 “Conferences, Travel and Expenses” on page 25. Mrs. Bojarski and Director Scheafer recommended updating the language of Section 3.01.100 “Interaction with Staff” to read, “Copies of materials prepared for one Director shall be provided to other Directors, if requested.” Mr. Carroll suggested replacing the title of “Operations Committee” found in paragraph (b) of Section 3.01.110 “Procedure for Placing an Item on the Agenda” on page 26 to “Board President.” The Committee discussed Chapter 3.02 “Officers and Employees” on page 27. Director Perry and Director Scheafer recommended that a job description for the General Manager needs to be written. Mrs. Bojarski stated that Section 3.02.055 “Employment Subject to Criminal History Report” on page 27 is being updated with help from Liebert Cassidy Whitmore. Mr. Fields indicated that Section 3.02.040 “Treasurer” and Section 3.02.050 “Employees” on page 27 need to be revised to reflect that the Board is the responsible party rather than the District. Policy Review Ad Hoc Committee Minutes December 4, 2019 Page 5 of 5 Director Scheafer inquired about Board Members being classified as District employees. Mr. Carroll stated that he will look into the matter regarding Board Members’ employment status. There was no more discussion. 3. Adjournment - 9:14 a.m.