Loading...
Minutes - CAC - 2020-09-09 COSTA MESA SANITARY DISTRICT MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING SEPTEMBER 9, 2020 (TELECONFERENCE MEETING VIA ZOOM) 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. CAC Members present Mike Carey, Dickie Fernández, Monte Fields, Judy Gielow, Seth Greiner, Sue Lester, Phil Marsh, Andrew Nielson, Judy Takaya CAC Members absent Daniel Baume, Elodie Katz Board Members present None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Michael Benesh (Interim District Engineer), Gina Terraneo (Management Analyst II), Nabila Guzman (Management Analyst) Others present None Meeting called to order at 6:01 P.M. A. OPENING ITEMS Procedural: 1. Call to Order CAC Chair Carey called the meeting to order at 6:01 P.M. Procedural: 2. Roll Call District Clerk & Public Information Officer, Noelani Middenway, conducted roll call. She noted that Citizens Advisory Committee (CAC) Members Carey, Fernández, Gielow, Greiner, Lester, Marsh, Nielson, and Takaya were present while CAC COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ Members Baume, Fields, and Katz were not present. CAC Member Fields joined the meeting at 6:39 P.M. Procedural: 3. Public Comments - Speakers will be limited to three minutes. The three minutes per speaker time allotted may be extended for good cause by a majority vote of the committee. CAC Chair Carey opened public comments. He stated that the CAC received written comments from Jim Mosher, a District resident. CAC Member Lester stated that Mr. Mosher’s comments relate specifically to agenda items and suggested addressing Mr. Mosher’s comments during the meeting. Mr. Carroll noted that District staff will address Mr. Mosher’s comments during the meeting. He added that this time is for members of the public who did not submit written comments but would like to address the CAC. CAC Chair Carey stated that Mr. Mosher’s first comment does not relate to the agenda. He suggested addressing the comment during Public Comments. CAC Member Lester stated that his first comment, which is labeled as Item B.2, relates to the meeting’s second agenda item. Seeing no members of the public wishing to speak, CAC Chair Carey closed public comments. B. ITEMS Action, Receive and File: 1. Approve the Citizens Advisory Committee Meeting Minutes of July 15, 2020 Recommendation: That the Citizens Advisory Committee approves the meeting minutes as presented. CAC Chair Carey presented the CAC meeting minutes of July 15, 2020 and welcomed discussion or a motion. Motion: To approve the meeting minutes as presented. Motion by Sue Lester, second by Phil Marsh. Final Resolution: Motion carries 8-0-0-3 Ayes: Mike Carey, Dickie Fernández, Judy Gielow, Seth Greiner, Sue Lester, Phil Marsh, Andrew Nielson, Judy Takaya No: None Abstain: None Not Present: Daniel Baume, Monte Fields, Elodie Katz COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ There was no further discussion. Action, Receive and File: 2. Overview of July 27, 2020 and August 24, 2020 Board of Directors Meetings Recommendation: That the Citizens Advisory Committee receives and files this report. General Manager, Scott Carroll, provided a brief overview of the July 27, 2020 and August 24, 2020 Board of Directors Meetings. He stated that, for the July 27, 2020 meeting, the significant item discussed was the Orange County Operational Agreement. He noted that it is a revised agreement that instructs all jurisdictions in Orange County to coordinate emergency response activities in conjunction with the Standardized Emergency Management System (SEMS). He added that SEMS dictates how a jurisdiction logistically and financially plans for and operates during an emergency. He shared that a jurisdiction must be aligned with SEMS to receive expense reimbursements from the state or federal government. Mr. Carroll stated that, for the August 24, 2020 meeting, the significant item discussed was the adoption of the revised Operations Code, Administrative Policies, Employee Handbook, and Board of Directors Procedures Handbook. He noted that the Board of Directors Procedures Handbook is a new document that serves as a guide for existing and new Board members and their meeting processes. He added that the new handbook was recommended by the California Special Districts Association (CSDA). He discussed the Closed Session discussion from the August 24, 2020 meeting. He stated that the District received a Notice of Intent to file a lawsuit against the District by the California River Watch, which is an environmental group that ensures jurisdictions are following the Clean Water Act. He shared that the California River Watch’s notice claimed that the District had 54 sewer spills in the last five years. He noted that the District has only had 14 sewer spills in the last five years. He discussed the reasoning behind the California River Watch’s decision to target the District. He stated that a member of the California River Watch tested water from the Greenville Banning and Fairview water channels in 2019, which showed that the water did not meet normal water standards according to the Clean Water Act. He shared that the tested water contained caffeine, which can indicate that the water contained human waste. Therefore, he stated that the California River Watch believes that the District’s wastewater is leaking into the two water channels. He noted that the California River Watch asked the District for their latest sewer assessment, which was performed for all grade-five pipelines and repairs from 2016 to 2018. He shared that, after the District provided the requested documentation, the California River Watch decided to settle by requesting a payment of $20,000 to Heal the Bay and another payment of $25,000 to the California River Watch. He stated that the District sent a letter denying their proposed settlement agreement. He noted that the California River Watch cannot prove that the water test results were caused by District sewer spills. He added that, since the California River Watch cannot prove their claim, the District cannot pay the settlement amount of $45,000 because it would be considered a gift of public funds. He shared Mr. Mosher’s comment COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ regarding the California River Watch suing the City of Newport Beach for a similar matter in which the City settled for $50,000. CAC Member Nielson inquired if the District performs their own water testing of local waterways. Mr. Carroll stated that the District does not perform water testing. He shared that the California River Watch provided the dates and location of where the water was collected from within the channels. He noted that, during the time of the testing, the City of Costa Mesa experienced a significant rise in its homeless population, which could have contributed to the waters’ contamination. CAC Member Lester commented on the Board of Directors Procedures Handbook. She shared that the District formed a Policy Review Ad Hoc Committee to review the revised policies and that she served on this Committee. She noted that she did not participate in the discussions for the Board of Directors Procedures Handbook. She discussed Section 47.7 of the Board of Directors Procedures Handbook, which addresses teleconference meetings. She highlighted that, currently, the Board of the Directors and the CAC are not following the approved procedures for teleconference meetings as listed in the Handbook. She inquired if the Board of Directors are provided a procedure manual addressing conduct. She stated that the current operations of Board meetings have the potential of receiving negative feedback from the public. She discussed the section of the Handbook that address ex parte communications as it relates to hearings, but it does not address ex parte communications amongst Board members and vendors or contracted service providers. She stated that the proposal of having a Board member meet with a vendor could result in the Board member being accused of impropriety. She discussed the District’s policy regarding refunding ratepayers who have overpaid their trash and/or sewer fees. She noted that the policy allows ratepayers to request reimbursement for the last three years of overpayment. She shared that the District recently had a ratepayer who overpaid for 10 years and was approved for a full reimbursement by the Board. She expressed concern for Board members acting inconsistently with District policy. She noted that this decision sets a precedent for future refund claims submitted to the District. She inquired if a Board member is in attendance of the current meeting. CAC Chair Carey stated that no Board members are currently present at the meeting. CAC Member Lester shared that the City of Costa Mesa had an employee who met with a vendor in addition to and separately from the employees in the City’s Purchasing department who were responsible for handling the vendor’s contract. She noted that the employee was not abiding by the City’s guidelines for conduct. She stated that the District’s Board members should be utilizing District staff to communicate with vendors. She discussed the Board’s decision to pay CR&R COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ Environmental Services $300,000 even though the District was not contractually obligated to pay the amount. Mr. Carroll stated that District staff will review Section 47.7 of the Board of Directors Procedures Handbook. He noted that District policies differ from codes, which have been made into law. He added that policies are established by the Board and implemented by District staff. He stated that a Board member has the right to choose to follow a District policy and that the other Board members retain the authority to hold their colleagues accountable. In reference to the refund for overpayment, he noted that the majority of the Board chose to act against District policy. He shared that there were Board members who did not agree with the decision and have directed District staff to revise the refund policy. CAC Member Lester expressed concern for local government operations. She stated that she does not find the District to be acting in impropriety. She expressed appreciation for District staff and recognition for the awards the District has received. She noted that the CAC, who is not elected and retains no voting power, has specific guidelines and policies for how it functions. She stated that the officials, who are elected and receive payment from the District, have no specific code of conduct. She inquired if she should bring her concerns directly to the Board of Directors. Mr. Carroll stated that the Board of Directors are the policymakers for the District and noted that there are not a lot of rules governing their conduct. He added that, if an elected official chooses to circumvent a policy, then their fellow officials are responsible for ensuring accountability. CAC Member Lester noted that she will discuss the matter with the Board of Directors at a future meeting. She shared that a member of Costa Mesa’s City Council bypassed the City Manager to meet with a vendor who is contributing funds to that member’s political campaign. She noted that she is providing this example to ensure that the District is protected from such instances and holds its officials and staff to similar standards. There was no further discussion, and the report was received. Action, Receive and File: 3. Pharmaceutical and Sharps Collection Program Recommendation: That the Citizens Advisory Committee makes a recommendation on the continuance or discontinuance of providing this program. Ms. Guzman thanked CAC Members Baume and Takaya for participating in the District’s recycling video. She discussed the report and stated that the District has been sponsoring a free Sharps and Pharmaceutical Waste Collection Program for over ten years. She stated that the program ensures the proper disposal of discarded needles to prevent health risks to the public and solid waste and wastewater workers. She noted that the collection of sharps includes syringes and COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ needles, while the collection of pharmaceuticals includes unused and uncontrolled prescription and over-the-counter medication. She reviewed a few collection drop box sites throughout the District’s service area and shared that the District pays for the collection and disposal costs associated with each drop box. She stated that, prior to fiscal year 2017-2018, various local pharmacies served as disposal sites, which resulted in the collection of over 2,000 pounds of sharps and over 1,200 pounds of pharmaceuticals annually. She addressed the California State Board of Pharmacy’s 2017 additional requirements for collecting pharmaceutical waste from commercial pharmacies, which included improved tracking of disposed pharmaceuticals. She noted that, because of this restriction, the pharmaceutical drop boxes were removed from the District’s local pharmacies and reduced the District’s collection sites from four to two locations. She added that the current drop boxes are located at the Cosa Mesa Senior Center and District Headquarters. She noted that, since 2017, District staff has been promoting the Sharps and Pharmaceutical Waste Collection Program to inform residents of the active locations and proper disposal options. She stated that the District has advertised the current collection sites on the District’s website and social media platforms, in the District’s quarterly newsletter, in the Cosa Mesa Recreation Guide, and at the Newport-Mesa Unified School District’s State of the District breakfast. She highlighted that collection levels of sharps and pharmaceutical waste has significantly decreased. Ms. Guzman noted that the staff report includes two historical charts depicting collection levels and cost for both types of waste. She stated that the data indicates that the local pharmacies were utilizing the District’s drop boxes for their own disposal of sharps and pharmaceuticals. She noted that proof of District residency is not required when disposing waste at a drop box. She added that, from the customers who call the District regarding pharmaceutical and sharps disposal, the majority do not live or work in Costa Mesa or Newport Beach. She stated that, based on this information, District staff recommends discontinuing the Sharps and Pharmaceutical Waste Collection Program. She shared that District ratepayer money is funding the program, which is not being fully utilized by District residents. She noted that, if discontinued, the District will continue to promote proper disposal of sharps and pharmaceutical waste. She added that there are free regional programs for District residents which include a medication drop box at the Walgreens Pharmacy located on Superior Avenue, the District’s Door-to-Door Household Hazardous Waste (HHW) program for sharps, and four Orange County HHW facilities. She stated that District staff suggests redirecting the program’s funds towards other programs for residents. CAC Member Gielow inquired about the amount of sharps and pharmaceutical waste found in the regular trash collection. CAC Member Fields entered the meeting at 6:39 P.M. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ Ms. Guzman stated that the waste characterization studies do not account for sharps and pharmaceutical waste. She noted that those studies focus on recyclables and HHW products such as oil filters and paint cans. Mr. Carroll stated that the drop boxes are important for protecting solid waste and wastewater workers. He added that the District does not want residents flushing needles down their toilets. CAC Member Greiner inquired if the District has experienced any problems with ensuring the safety of its workers from improper disposal of sharps. Mr. Carroll stated that the District has not experienced any issues with workers’ safety in that area which could be attributed to residents disposing of such waste properly. CAC Member Lester inquired if there will be a limit on the number of requests to schedule a Door-to-Door HHW pickup if the current program discontinues. Ms. Guzman stated that the Door-to-Door HHW program offers residents three pickups per calendar year. She noted that there is a weight limit of 125 pounds per request. She added that the sharps must be tightly sealed within a container. She stated that the District will also be promoting the four Orange County HHW facilities which are in Huntington Beach, San Juan Capistrano, Irvine, and Anaheim. She noted that these facilities are free to Orange County residents and operate as a drive-thru system in which customers place their HHW in their trunk for the workers to retrieve. She added that there is no limit to how many times a resident may visit a facility. CAC Member Lester inquired if the current program funds the sharps collection containers that the District offers its residents. Ms. Guzman confirmed that the current sharps program funds the collection containers and they would be discontinued if the program is cancelled. Mr. Carroll commented that the District may be able to purchase the containers through a grant. Ms. Guzman stated that CalRecycle offers grant opportunities for HHW. She shared that the District could pursue a grant to fund the collection containers. CAC Member Greiner inquired about the collection of sharps through the Door-to- Door HHW program. Ms. Guzman shared that, in scheduling the service, residents are required to provide details of the waste they are disposing. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ CAC Member Greiner inquired about the effectiveness of the Door-to-Door HHW program. Ms. Guzman stated that the program is very popular, especially in the last two years since it became available to all solid waste customers. She noted that the District has not received any complaints regarding the disposal of sharps through the Door-to-Door HHW program. She added that a resident’s HHW should be placed near their front door or garage within a box for the solid waste worker to easily collect. CAC Member Greiner inquired if Ms. Guzman has any data reflecting the effectiveness of the Door-to-Door HHW program. Ms. Guzman stated that the current data is not displayed by the types of material collected. She noted that the data presents the number of pounds collected per month. She added that the District can research the amount and frequency of each type of material collected. CAC Member Greiner commented that if the District’s Door-to-Door HHW program is contributing to the safety of its solid waste and wastewater workers, then he supports the continuation of promoting the program. Mr. Carroll highlighted that the financial review states that the District is spending about $30,000 a year on the program. He stated that District staff is seeking direction from the CAC regarding the continuation of the program based on the information provided. CAC Member Greiner recommended analyzing the type of materials collected through the Door-to-Door HHW program before discontinuing the sharps and pharmaceutical drop box sites. CAC Member Nielson commented that CR&R Environmental Services and the District offer valuable services that are not well-known to the public. He stated that CR&R’s programs are often more visible than the current efforts for collection at the District’s drop boxes. Mr. Carroll stated that the CAC can help the District by promoting its available programs to other customers. He acknowledged the District’s current communication and outreach efforts. CAC Member Greiner expressed appreciation for the CAC and shared that he has learned a lot of information about the District and its services from CAC meetings. CAC Member Lester requested for the District to research available grants for the purchase of sharps collection containers for residents. She commented that the containers are a great educational tool for promoting proper disposal at local COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ events. She noted that most people are unaware of how to dispose of needles if they do not have a medical need for it. CAC Chair Carey commented that, as someone who has been affected by improper needle disposal, he wholly supports CAC Member Lester’s suggestion. Mr. Carroll acknowledged each suggestion and stated that the District will provide the CAC with metrics on the type of HHW being collected through the Door-to- Door program. CAC Member Gielow commented that the program requires educating the public. She noted that most residents do not inquire about such programs until they must personally use needles or dispose of expired medications. Motion: To recommend that District staff continue the Pharmaceutical and Sharps Collection Programs, gather metrics to determine the effectiveness of collecting sharps through the Door-to-Door Household Hazardous Waste Collection Program, and use these metrics to determine if the Pharmaceutical and Sharps Collection Programs should be discontinued. Motion by Seth Greiner, second by Sue Lester. Final Resolution: Motion carries 7-0-1-3 Ayes: Dickie Fernández, Seth Greiner, Andrew Nielson, Judy Takaya, Sue Lester, Judy Gielow, Phil Marsh No: None Abstain: Mike Carey Not Present: Monte Fields, Daniel Baume, Elodie Katz There was no further discussion, and the report was received. Action, Discussion: 4. Sewer Master Plan Update Status Recommendation: That the Citizens Advisory Committee provides feedback to the Draft Sewer Master Plan. Interim District Engineer, Michael Benesh, introduced the report. He stated that the main purpose of the report is to identify facilities that will need to be upgraded or replaced based on capacity. He noted that the District plans for the worst-case scenario to remain diligent. Mr. Carroll shared that the next step for the Sewer Master Plan includes sending it to the Cities of Costa Mesa and Newport Beach’s Planning Commissions to ensure it conforms to the Cities’ general plans. He noted that the Cities’ have 40 days to approve it. There was no further discussion, and the report was received. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ Action, Discussion: 5. Draft Revisions to the Sewer System Management Plan (SSMP) Recommendation: That the Citizens Advisory Committee provides feedback on the proposed revisions to the District’s Sewer System Management Plan (SSMP). Mr. Carroll stated that the SSMP is mandated by the State of California. He shared that, in 2006, the State adopted a statewide order for general waste discharge requirements to resolve the severity of sanitary sewer overflows. He noted that every public agency that has at least one mile of sewer line must adopt an SSMP. He stated that all SSMPs contain the same 12 elements listed in the staff report and are audited every two years to certify compliance and effectiveness. He noted that the SSMP can be self-audited by a public agency’s staff. He shared that the District hires an outside consulting firm to audit their SSMP to guarantee an objective review. He stated that Ms. Guzman has prepared a request for proposals (RFP) for the audit. He noted that every five years the District makes significant changes to the document, which must be recertified by the Board of Directors and made available for review by the CAC. He reviewed the significant changes made to the SSMP from 2015 to 2020, which include new performance measures, new capital improvement projects (CIP), an updated organization chart, dismissal of the District’s Hotspot Committee, replacement of the Sewer Later Assistance Program with the Sewer Inspection Rebate Program, an assessment of the entire sewer system, and several replacements of sewer force mains. He noted that the Board was scheduled to review this item at their recent Board meeting but pulled the item to discuss it in further detail at a special meeting. CAC Member Fields inquired about the results of the prior audit of the SSMP. Mr. Carroll stated that the prior audit was performed in 2018, which consisted of minor revisions to the SSMP. He noted that all revisions were implemented in the plan. There was no further discussion, and the report was received. Action, Discussion: 6. Flushable Wipes Outreach Recommendation: That the Citizens Advisory Committee receives and files public service announcements and submits recommendations how CAC members can assist disseminating information that discourages the public from using flushable wipes. Mr. Carroll requested for the CAC to promote the District’s message regarding flushable wipes. He stressed that flushable wipes do not dissolve after being flushed. He noted that they have the potential to wreak havoc on the sewer system and contribute to sanitary sewer spills. He reviewed the public service announcements (PSA) that are attached to staff report. CAC Member Greiner inquired if it is possible to require manufacturers to change the wording on the packaging for flushable wipes. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ Mr. Carroll shared that the District’s Management Analyst II, Gina Terraneo, presented a legislative update to the Board at their recent meeting and stated that the bill requiring companies to label wipes as “do not flush” on the product packaging failed to pass. He noted that these companies spend millions of dollars on lobbyists to fight bills that restrict labeling. CAC Chair Carey expressed appreciation for the District’s public outreach on social media. CAC Member Fields recommended forming a collective with other sanitary agencies to issue a PSA to discourage flushing wipes. Mr. Carroll suggested showing residents pictures of a toilet overflow caused by sanitary wipes being flushed. CAC Member Greiner shared that he had a tenant who experienced a blockage in their plumbing due to wipes stuck in the sewer pipes. He noted that it was an expensive issue to resolve. Mr. Carroll expressed support for CAC Member Fields’ suggestion and shared that other agencies have banded together on mutual interests for PSAs. CAC Member Gielow expressed support for the District’s 3 Ps campaign. There was no further discussion, and the report was received. C. CLOSING ITEMS Procedural: 1. Committee Member & Staff Comments CAC Chair Carey congratulated District staff and Board for their award in Performance Management Leadership from the International City/County Management Association and thanked District staff for staying late for the meeting. CAC Member Lester congratulated the District for being recognized for community outreach and financial reporting and expressed appreciation for the District’s social media effort. CAC Member Fernández stated that, at the previous CAC meeting, the Committee discussed ways to improve solid waste recycling. He shared that he found an educational recycling sheet by the City of Portland that is sent out to all customers. He offered to share the sheet with the District, which might help the District improve their recycling efforts. He noted that the Cities of Los Angeles, San Diego and San Francisco are the top three cities in the country that are recognized in recycling. He recommended contacting the Cities to learn about their methods, which consist of substantial public outreach and education through the school system. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 9, 2020 _____________________________________________________________________ Mr. Carroll inquired if the City of Portland’s education sheet addresses wipes. CAC Member Fernández stated that it is an informational pamphlet on recycling. He noted that it is color coded, easy to read, and available in multiple languages. Mr. Carroll shared that the City of Portland was one of the first cities in the nation to implement an organics recycling program. There was no further discussion. Procedural: 2. Adjournment CAC Chair Carey adjourned the meeting at 7:13 P.M. He reminded all CAC members of their requirement to attend District Board meetings. ____________________________ Mike Carey Citizens Advisory Committee Chair