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Minutes - Board - 2020-09-08COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION SEPTEMBER 8, 2020 NOTE: THIS MEETING WAS CONDUCTED UTILIZING TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54952.2 AND THE GOVERNOR'S EXECUTIVE ORDERS IN EFFECT WAIVING SOME OF THE REQUIREMENTS OF THAT SECTION. Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Gina Terraneo (Management Analyst II), Nabila Guzman (Management Analyst 1), Edward Roberts (Code Enforcement Officer) Others present Mike Carey, CR&R Environmental Services, Citizens Advisory Committee Chair Jim Mosher, District resident Judith Gielow, Citizens Advisory Committee Member Meeting called to order at 9:34 A.M. A. OPENING ITEMS Procedural: 1. 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.) President Ferryman called the meeting to order at 9:34 A.M. District Clerk and Public Information Officer, Noelani Middenway, noted that President Ferryman, Vice President Ooten, Secretary Schafer, Director Scheafer, and Director Perry were present at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 President Ferryman opened public comments. Ms. Middenway stated that District resident, Jim Mosher, submitted written comments for the Board. She shared that Mr. Mosher has requested to address the Board. Mr. Mosher stated that he has a few non -agenda comments to submit. He inquired if District Headquarters is closed to the public. He noted that the District's website does not state the current operating hours of District Headquarters. He mentioned an article in the Daily Pilot about Mesa Water District being fined by the Fair Political Practices Commission (FPPC). Mr. Mosher experienced internet connectivity issues during his public comments. President Ferryman closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. August 2020 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. Code Enforcement Officer, Ed Roberts, presented report details. He stated that he documented five scavenging investigations for the month of August 2020. He noted that the investigations were conducted in various areas of the District's service area. Secretary Schafer inquired about how many warnings were issued in August 2020 and if Mr. Roberts keeps track of each warning. Mr. Roberts stated that each investigation begins with a warning. He shared that he has a citation book. He noted that each verbal warning includes an explanation of the District's policies and procedures and a request to return all recycled materials to the cart that it was removed from or to a cart that can accommodate all of the scavenged materials. Secretary Schafer inquired about warnings issued for trash carts in public view. Mr. Roberts stated that 107 warnings were issued in August 2020 for trash carts in public view. He noted that he conducted several visits to certain properties to ensure compliance. He added that he keeps an activity log of warnings that have been issued. He stated that requests are tracked through the District's online servicing system. There was no further discussion, and the report was received. Action, Receive and File: 2. July 2020 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 General Manager, Scott Carroll, presented report details and shared that Mr. Mosher submitted written comments regarding the item. Vice President Ooten recommended paraphrasing Mr. Mosher's comments since he is experiencing internet connectivity issues. Mr. Carroll discussed Mr. Mosher's comments regarding the organics tonnage amount collected by District ratepayers compared to the amount of tonnage that was sent to a landfill, and the possibility of excess cardboard and other recyclable materials found in the Organics Recycling Carts from the early months of the COVID-19 pandemic. Mr. Carroll noted that Mr. Mosher is correct in that the District has found the organic waste to be contaminated with trash and recyclables. Vice President Ooten inquired if the organic waste is still being contaminated with trash and recyclables. Director Perry commented that, according to the Organics Tonnage graph, the District has increased its collection of organic waste. Mr. Carroll confirmed Director Perry's statement. He discussed the District's Cart - to -Cart outreach program, which is designed to reduce the amount of contamination found in the Mixed Waste and Organics Recycling Carts. He noted that the District will be discussing the program with the Solid Waste Ad Hoc Committee. CR&R Environmental Services' Senior Sustainability Specialist and Citizens Advisory Committee Chair, Mike Carey, commented that CR&R is witnessing excess contamination in their collection of organic waste. However, he noted that there is greater participation in the Organics Recycling Program. There was no further discussion, and the report was received. Action, Receive and File: 3. August 2020 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Mr. Carroll stated that there is nothing to report since solid waste reporting has been temporarily delayed until District staff can confirm the accuracy of the data. He shared that District staff will be discussing the solid waste diversion report with the Solid Waste Ad Hoc Committee tomorrow, Wednesday, September 9, 2020. President Ferryman inquired about the District receiving a decreased rate for recyclables since CR&R's Materials Recovery Facility is closed for business. Mr. Carroll stated that the Solid Waste Ad Hoc Committee will be discussing that matter at their upcoming meeting. There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 Action, Receive and File: 4. FY 2020-2021 Alkaline Battery Recycling Contest Cancelled Recommendation: That the Board of Directors receive and file this report. Management Analyst I, Nabila Guzman, presented report details. She stated that the 2020-2021 Alkaline Battery Recycling Contest has been cancelled due to the ongoing COVID-19 pandemic. She shared that the District made this decision due to the Newport -Mesa Unified School District beginning the school year with virtual learning. She added that schools may transition to in -person school instruction later this year, but District staff finds it prudent to continue with the cancellation of the contest to ensure that school safety protocols are not jeopardized. She added that the District has developed a new fundraising opportunity for individual classrooms to win one of three $250 gift cards. She stated that, through the District's partnership with the Orange County Department of Education, the District has funded virtual presentations of the Inside the Outdoors' program that focuses on waste reduction and the four Rs — recycling, reusing, rotting and repurposing. She provided an explanation of the new fundraising opportunity. She presented the take home survey that will be shared with each classroom after their presentation from Inside the Outdoors. She noted that the District will be promoting other ways to dispose of batteries, such as scheduling a free Door -to -Door Household Hazardous Waste (HHW) pickup, dropping them off at an Orange County HHW facility, or recycling them at the Orange Coast College (OCC) Recycling Center once it reopens for business. Director Perry inquired if the presentation will be available for all schools in the Newport -Mesa Unified School District. Ms. Guzman stated that the presentation is available to all schools within the District's service area, including public and private schools. Director Perry inquired if there will be a gift card for each school. Ms. Guzman stated that there will be a gift card for each winner. She noted that the school year will be divided quarterly. She added that the first quarter will include October, November and December. She stated that the schools that submit a completed survey will be eligible to win the gift card. Director Perry inquired about the main contacts at each school. Ms. Guzman shared that Inside the Outdoors performs the outreach for the program and has contacts for each school. Director Perry inquired if the presentations will be performed through virtual learning. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 Ms. Guzman confirmed that Inside the Outdoors has developed an interactive, virtual presentation. Director Perry discussed the new instruction requirements for Estancia High School. Ms. Guzman stated that the virtual presentation is for kindergarten through sixth grade. Mr. Carroll discussed Mr. Mosher's comment regarding the Orange County HHW facilities and his recommendation to provide battery drop-off stations at schools within the District's service area. He noted that the virtual presentation is a temporary program until schools resume in -person instruction. There was no further discussion. Action, Receive and File: 5. Quarterly Legislative Update — Quarter 3 Recommendation: That the Board of Directors receive and file this report. Management Analyst II, Gina Terraneo, provided report details. She stated that August 31, 2020 was the last day for each house in the state's legislature to pass bills. She presented the notable bills that were passed by both houses. She discussed Assembly Bill (AB) 685, which would establish several notification requirements for employers whose workers have been exposed to the COVID-19 virus. She noted that the requirements include a written notification regarding the exposure, notification of the organization's sick leave policies, notification of the employer's cleaning and disinfection plan, and a notification to their local health authority if more than three employees are infected. She added that AB 685 was partly established due to the Foster Farms COVID-19 outbreak. She discussed AB 992, which would clarify how the Brown Act pertains to discussions on social media involving members of governing bodies. She stated that it would allow for members of a governing board to ask questions, provide information to the public, or request feedback from the public on agency matters. She noted that these actions would be permitted if the majority of members do not discuss amongst themselves or respond to each other regarding agency business. She added that AB 992 allows more open discussion between public officials and their constituents on social media. She discussed AB 2107, which would allow special districts to issue securitized limited obligations notes for the acquisition or improvement of land, facilities or equipment. She stated that the notes would mature within 10 years and can be issued to a cumulative two million dollars. She added that AB 2107 would create a financial tool for special districts to finance projects through securitized debt. She discussed Senate Bill (SB) 1159, which would expand the definition of injury for workers' compensation purposes to include illness or death resulting from COVID-19. She noted that SB 1159 would establish a presumption that COVID-19 illness is compensable if there is an outbreak of more than five percent of employees. She stated that, among the bills that did not pass, there were several that sought to address the use of backup or emergency generators during public COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 safety power shutoff events. She listed a few other bills that did not pass, including AB 1672, which would have required wipes to be labeled "do not flush" along with other clarifying information about flushable wipes on the product packaging, and AB 3030 which would have created a state goal to protect as least 30% of state lands and water by the year 2030. She noted that AB 3030 was in response to climate change and a loss of biodiversity statewide, but it was strongly opposed by a coalition of commercial fishing organizations. She shared that the legislative update for quarter 4 will include the results from the Governor's actions. She stated that the Governor has until September 30, 2020 to sign or veto bills passed by the state legislature. She noted that if the Governor does not veto a bill, then it passes. There was no further discussion. Action, Discussion: 6. Board of Directors Completing Meeting Report Form to Comply with California Government Code § 53232.3(d) and Costa Mesa Sanitary District Operations Code § 3.01.035 Recommendation: That the Board of Directors give staff direction on the proposed Meeting Report Form. Mr. Carroll provided report details. He shared that the agenda item was a request by Director Scheafer. He stated that the Meeting Report Form would be in lieu of providing an oral report on local meetings during Board meetings. He noted that the Meeting Report Form would be submitted with the Board's monthly expense sheets. He added that District Counsel, Alan Burns, has reviewed and approved the Meeting Report Form. He stated that the Board may draft their own form for reporting if they do not want to utilize the Meeting Report Form. Director Scheafer expressed support for the Meeting Report Form. He stated that Board members can share oral comments at Board meetings in addition to submitting a written report on local meetings. Mr. Mosher commented that the Meeting Report Form is a good substitute for oral reports, but, according to the directions on the form, the form can be used for seeking reimbursement for travel expenses. He stated that when seeking per diem reimbursements from the District, the Health and Safety Code requires Board members to attend the meeting at the request of the Board. He discussed the meeting appointment list, which was last updated in 2018. He stated that it is not clear to the public which Board members are required to attend certain meetings. He suggested posting this information on the District's website. He stated that the Health and Safety Code requires that the Secretary of the Board, who may be but is not required to be a member of the Board, must be compensated separately from per diem. He added that the Secretary is not eligible for receiving per diem compensation for Board meetings. He stated that he is not aware of how the District abides by this rule. Director Scheafer commented that he is uncomfortable discussing per diem compensation at this moment. He stated that the current agenda item addresses COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 the Meeting Report Form. He suggested adding per diem compensation as a separate agenda item for a future meeting. Mr. Carroll stated that he can submit Mr. Mosher's comments to Mr. Burns for a response. Vice President Ooten stated that the form is unnecessarily long. He stated that he would prefer to report succinctly on his local meetings on a one -page report. He requested for the form to be simplified. Secretary Schafer, Director Perry and President Ferryman expressed agreement with Vice President Ooten's remarks. There was no further discussion. Action, Receive and File: 7. Update - Tripepi Smith Communications Engagement Recommendation: That the Board of Directors receive and file this report. Ms. Guzman provided report details. She discussed a few items performed by Tripepi Smith, including the creation of four social media posts per month, training District staff on social media metrics and utilization of Hootsuite, and providing feedback and assistance with social media usage, content, advertisement and website vendors. She added that Tripepi Smith has produced four 30-second videos that will be used for the District's four awareness campaigns and has completed one day of stock photography services in which they captured the proper placement of carts, CR&R trash trucks, the medication and sharps drop boxes at District Headquarters, customer service scenarios, and a mock construction site. She stated that, on September 2, 2020, the District and Tripepi Smith launched the first of four awareness campaigns. She noted that the first month -long campaign is focused on reminding residents to only flush the 3 Ps — pee, poop, and toilet paper. She shared that Tripepi Smith is currently developing a style guide that will determine the District's official colors and fonts for the District website and outreach material. She discussed Tripepi Smith's metrics log, which captures statistics on the District's reach and engagement on social media. She reviewed the metrics report for the months of June and July. Secretary Schafer inquired about the length of the 3 Ps awareness video. Ms. Guzman stated that the video is 30 seconds long. Secretary Schafer recommended sharing the video with Costa Mesa City Council. Ms. Guzman stated that Ms. Middenway and Ms. Terraneo will be sharing talking points on the awareness campaign with the Board members. Secretary Schafer stated that she would like to have a meeting with the staff of Tripepi Smith to provide input. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 Mr. Carroll noted that District staff reached out to the Board of Directors to schedule a meeting with Tripepi Smith but never received a response. Secretary Schafer stated that she would like to schedule another meeting. Director Perry recommended sharing the video with the City of Costa Mesa's Costa Mesa Minute production to increase views. Mr. Carroll recommended that the Board assist with increasing cooperation between the District and the City. He suggested for the Board to connect with Costa Mesa City Council. Vice President Ooten recommended contacting the City Manager and Mayor of Costa Mesa. He suggested sending an official letter from the District regarding the awareness campaign. He advised Mr. Carroll to have a meeting with the City Manager to discuss the District's concerns. Mr. Mosher inquired if Tripepi Smith has reviewed the District website. He stated that the District's website does not clarify if District Headquarters is open to the public. He noted that the District's website provides information on dropping off plans but does not state if District buildings are open. There was no further discussion. Action, Discussion: 8. Draft Revisions to the Sewer System Management Plan (SSMP) Recommendation: That the Board of Directors provide feedback on the proposed revisions to the District's Sewer System Management Plan (SSMP) and direct staff to bring back the SSMP to the September 28, 2020 Board of Directors meeting to consider approving re -certification of the Plan. Vice President Ooten recommended that the revisions to the SSMP be more systematic and scheduled. He suggested having a special meeting or subsequent Study Session to discuss the SSMP. Secretary Schafer expressed support for Vice President Ooten's suggestion. She stated that she would prefer to have a Study Session to solely discuss the SSMP. Mr. Carroll stated he will schedule a special meeting to discuss the SSMP and address questions and comments submitted by Vice President Ooten and Mr. Mosher. There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 8, 2020 D. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments Secretary Schafer discussed a Lake Tahoe ski resort and a legislative bill that seeks to end single-family zoning. Director Perry stated that properties will need to have a certain amount of capacity in their lines to build accessory dwelling units. Vice President Ooten stated that the Sewer Master Plan seeks to address this development issue. Secretary Schafer recommended for the District to track the legislative bill. President Ferryman commented that the City has been inconsistent in its zoning requirements for accessory dwelling units. Vice President Ooten suggested discussing this item at the next Liaison Committee meeting. There was no further discussion. Procedural: 2. Adjournment President Ferryman adjourned the meeting at 10:27 A.M. Arlene Schafer­*� Secretary J mes Ferryman esident