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Minutes - Board - 2020-12-08COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION DECEMBER 08, 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, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management Analyst 11), Nabila Guzman (Management Analyst 1) Others present Jim Mosher, District resident Cindy Brenneman, District resident Meeting called to order at 9:30 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.) Vice President Ooten called the meeting to order at 9:30 A.M. District Clerk and Public Information Officer, Noelani Middenway, noted that Vice President Ooten, Secretary Schafer, Director Scheafer, Director Perry, and Director Eckles 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 DECEMBER 08, 2020 Vice President Ooten opened public comments. Ms. Middenway stated that District resident, Jim Mosher, has requested to address the Board. Mr. Mosher shared that, although he lives in an area within the District that only receives wastewater services, he is interested in the District's solid waste discussions. He reported that the City of Newport Beach, which provides his trash services, is in the process of renegotiating their contract with CR&R Environmental Services. He noted that City staff will be presenting a new contract on January 26, 2021 for the City Council to discuss. He stated that the City has a two -cart system, and that all residents have a Mixed Waste cart while some residents voluntarily have a Recyclables cart. He shared that CR&R claimed that the City has a 49% diversion rate, and that the only way to achieve a 50% diversion rate is to switch to a three -cart system with a mandatory Mixed Waste cart, Recyclables cart, and Organics cart. He noted that the District is achieving a diversion rate of over 60% with their two -cart system. He stated that, according to the minutes of a City meeting, the State of California is requiring all municipalities to operate a three - cart system. He reported that CR&R has stated that they are phasing out the two - cart system and switching to a three -cart system. He discussed CR&R's proposal of the District achieving a 75% diversion rate by burning mixed waste at a cement plant in Victorville. Vice President Ooten stated that the District has discussed the matter of burning mixed waste to achieve a higher diversion rate. He inquired if District staff has discussed switching to a three -cart system with CR&R. General Manager, Scott Carroll, reported that District staff has discussed a three - cart system with CR&R. He noted that the District is aware that the City of Newport Beach is renegotiating their contract with CR&R. He shared that District staff is discussing the amount of public outreach that would be necessary if the District were to switch to a three -cart system. He added that the District has had preliminary discussions about burning waste with CR&R, and noted that exploring this topic is a strategic goal. Additionally, he noted that District staff will be presenting this item for discussion to the Board soon. Director Scheafer commented that, about six months ago, the Board reviewed CR&R's annual report, which discussed CR&R's incineration program. He shared that he discussed this topic with a Special District Risk Management Authority (SDRMA) Board member, who represents the Air Quality Management District (AQMD) in Victorville. He reported that AQMD views the idea of incinerating waste favorably. Vice President Ooten stated that, prior to the COVID-19 pandemic, the District was achieving a 62% diversion rate due to the Organics Recycling Program. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD DECEMBER 08, 2020 Director Eckles inquired if District staff has a timeframe for when they will present their CR&R discussion items to the Board. Mr. Carroll stated that it will be presented to the Board in January or February of 2021. Hearing no additional public comments, Vice President Ooten closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. Receive and File the 2020 Certified Election Results Recommendation: That the Board of Directors receive and file this report. Ms. Middenway presented the certified election results. She congratulated the two elected directors. She inquired if the Board has any questions regarding her report. Mr. Mosher commented that the staff report contains the number of votes cast for each candidate. He stated that voters typically seem to lose interest in the races that are printed lower on the ballot. He noted that he was surprised by the total number of votes cast for each District division race. Vice President Ooten requested for District Counsel to address the rules regarding discussion around public comments on agenda reports as a future Study Session discussion item. There was no further discussion, and the report was received. Action, Receive and File: 2. Quarterly Legislative Report — Quarter 4 Recommendation: That the Board of Directors receive and file this report. Management Analyst II, Gina Terraneo, provided a brief history on the quarterly legislative report. She noted that the Board President has the authority to write support or opposition letters for legislative bills on behalf of the District if that position has already been taken by an agency that the District belongs to, such as the California Special Districts Association (CSDA). She stated that her previous quarterly legislative report presented a list of bills that were passed by the State legislature but were pending the Governor's action. She shared that the current report contains an updated list of those bills to reflect the Governor's action. Ms. Terraneo provided a brief overview of notable bills. She discussed Assembly Bill (AB) 685, which authorizes the division of Occupational Safety and Health Administration to halt operations and entry to a place of employment if the employees are exposed to a risk of the COVID-19 virus. She noted that employers that perform critical government functions that are considered essential to public health and safety are exempt from AB 685. She added that AB 685 establishes a notification requirement for employers whose workers have been exposed to the COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD DECEMBER 08, 2020 COVID-19 virus and requires employers to notify their local health authority if more than three employees are infected with the COVID-19 virus. She discussed AB 992, which intends to clarify how the Brown Act views communications by elected officials on social media. She reported that AB 992 allows members of a governing body to answer questions, provide information to the public, or request feedback from the public regarding agency matters. She noted that elected officials are not allowed to discuss agency matters amongst themselves and are not allowed to directly respond to another member in a discussion about agency matters on social media. She discussed AB 1947, which is a labor bill that was passed to extend the statute of limitations for an employee to file a worker retaliation claim from six months to one year. She discussed AB 2107, which reauthorizes an expired statue that allows special districts to issue securitized limited obligation notes for the acquisition or improvement of land facilities or equipment. She added that AB 2107 would create a financial tool for special districts to finance projects through securitized debts. She discussed Senate Bill (SB) 1159, which is another COVID- 19 related bill that expands the definition of injury for workers compensation purposes. She reported that SB 1159 establishes a presumption that the COVID- 19 illness is compensable if there is an outbreak of 5% or more employees. Lastly, she discussed AB 1383, which expands the California Family Rights Act to provide unpaid protected leave for up to 12 work weeks during any 12-month period to bond with a new child, care for family, or attend to a call of active duty. She stated that AB 1383 requires these protections for smaller employers with five or more employees. Additionally, Ms. Terraneo shared that many of the bills that the District was tracking did not pass. She noted that several of those bills were related to the use of emergency generators during public safety power shutoffs. She discussed other bills that did not pass including AB 1567, AB 1672, AB 1844, and AB 3030. She noted that her report includes four congressional bills related to COVID-19 relief funding for special districts and plastic waste reduction. She mentioned that, as a result of the recent election, the District is now represented by State Senator David Min, Assemblywoman Cottie Petri -Norris, and Congresswoman Michelle Steel. Director Scheafer inquired about AB 2182, which addresses pollution resulting from generators. He stated that AQMD has issued limitations on emissions from portable generators. He asked if the District is required to turn off their generators if they exceed AQMD's limitations. Ms. Terraneo stated that she is unaware of AQMD's emission requirements. She noted that she will discuss the matter with the District's Wastewater Maintenance Superintendent, Steve Cano. Mr. Carroll stated that there are certain runtime limits for diesel generators. He noted that AQMD makes exceptions under emergency circumstances. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD DECEMBER 08, 2020 Vice President Ooten confirmed that AQMD allows agencies to exceed the permitted limits under emergency circumstances. He recommended discussing the AQMD runtime limits as a future Study Session agenda item. Director Scheafer inquired if the requirements are applied to District generators that are lent to other organizations. Vice President Ooten recommended verifying the requirements. Director Scheafer inquired about SB 1159 regarding workers compensation for a COVID-19 outbreak and how it applies to employees working remotely. Ms. Terraneo stated that she will look further into SB 1159 and share her findings with Director Scheafer. Director Perry expressed support for discussing generator use limits at a future Study Session meeting. There was no further discussion, and the report was received. Action, Discussion: 3. Pharmaceutical and Sharps Collection Program Recommendation: That the Board of Directors receive and file this report. Management Analyst I, Nabila Guzman, provided report details. She described the Pharmaceutical and Sharps Collection programs, their history, and their purpose. She discussed the history of the District's sponsored drop boxes and noted that the current pharmaceutical drop boxes are located at District Headquarters and the Costa Mesa Senior Center. She described the District's efforts to advertise the programs, which include publishing information in the Costa Mesa Recreation Guide, on the District's website and social media accounts, and through event sponsorships. She stated that collection levels of sharps and pharmaceutical waste have significantly decreased over the last few years. She reported that, when the programs were initiated, participating pharmacies may have been using the drop boxes to dispose of their own expired medications. Therefore, she stated that the collection levels were not accurately reflecting residential disposal. She shared that a report on these programs were presented to the Citizens Advisory Committee on September 9, 2020 to discuss discontinuing the programs. She noted that the District does not currently ask participants for their city of residence when they drop off sharps and pharmaceutical waste. She stated that, based on a CAC recommendation, District staff created a sign in sheet for participants to disclose their city of residence. She noted that 13 out of 25 participants who recently dropped off sharps were not District residents. She added that the District has experienced a similar issue with the pharmaceutical drop box. She reported that District ratepayer money is being used to fund these programs, but that the programs are not solely being used by District ratepayers. She discussed alternative drop off sites, which include the Walgreens Pharmacy on Superior Avenue and the Drug Enforcement Administration's (DEA) biannual collection day COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD DECEMBER 08, 2020 for pharmaceuticals. She stated that alternative disposal methods for sharps include the District's Door -to -Door Household Hazardous Waste (HHW) Program for solid waste customers and the four HHW collection facilities that are operated by the County of Orange. She noted that the District will continue to promote proper disposal methods if the District's drop box programs are discontinued. Director Perry commented that he was unaware that the CAC recommended for the programs to be discontinued. He stated that he is unsure if he agrees with that recommendation. He suggested researching more alternative disposal locations. He expressed support for the programs. Vice President Ooten noted that the CAC did not recommend for the programs to be discontinued. Ms. Guzman confirmed Vice President Ooten's statement and added that the CAC recommended for District staff to gather more information on program participants. Director Eckles noted that the report reflects data gathered during the COVID-19 pandemic. He inquired if the report's data is from the last six months. Ms. Guzman confirmed Director Eckles' observation. Director Eckles requested to reassess the data after the COVID-19 pandemic. Secretary Schafer requested for this item to be placed on the February Study Session agenda. She stated that some of the Board members may have comments or recommendations for new drop box sites. She expressed support for the programs. She suggested advertising the locations of other disposal sites. Mr. Carroll suggested waiting a bit longer to readdress this issue. He stated that the COVID-19 pandemic will most likely still be present in February. He recommended revisiting this item next summer. He discussed the Door -to -Door HHW Program, which is easier for people to use since they do not have to transport their waste to a disposal site. Director Scheafer stated that these collection programs are paid for with ratepayer funds. He inquired about the annual cost of the programs. Ms. Guzman stated that the annual cost varies. She shared that the District budgeted $15,000 for pharmaceutical waste and $14,000 for sharps collection. She noted that the programs are administered by Waste Management. She added that there is a flat fee to schedule a pickup. She noted that the cost for medication waste depends on the tonnage collected, while the cost for sharps collection is a flat fee. Vice President Ooten inquired about the increased tracking requirements that were discussed in the staff report. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD DECEMBER 08, 2020 Ms. Guzman shared that new regulations were applied only to commercial pharmacies: two or more employees are required to be present upon disposal and the pharmacy must keep a record of what type of medications were collected. She stated that the pharmacies that previously participated in the District's drop box program did not want to comply with these new regulations. Vice President Ooten inquired about the methods used to gather program data. He asked if the data was collected before or after these regulations were issued. Ms. Guzman clarified that the District implemented the sign in sheet for the drop boxes in September 2020. She noted that the District does not conduct any participant tracking at the Costa Mesa Senior Center or at other local pharmacies. Vice President Ooten inquired if the District expends funds on these programs from a grant. Ms. Guzman stated that the programs are funded by the solid waste annual fee that is paid by District residents. Vice President Ooten inquired if the District's waste hauler, CR&R Environmental Services, contributes to the programs. Ms. Guzman stated that the District's Finance Manager, Kaitlin Tran, will have more information regarding the appropriation of funds for these programs. Vice President Ooten recommended including that information in the next staff report for this item. He stated that these programs were established to help protect the environment. He added that medications should not be flushed down the toilet because they will pollute the ocean. He commented that these programs require more discussion. He discussed the County of Orange's website, which contains more information regarding disposal options and environmental protection. He expressed support for the District's collection programs. He noted that the District has not been very successful with informing the public about the Door -to -Door HHW program. He inquired if the District's communication support consultant, Tripepi Smith, has been assisting the District with advertising that program. Ms. Guzman stated that Tripepi Smith is not currently focusing on advertising that program. She shared that the District has grant money to help promote the program. She noted that Ms. Terraneo promotes the program on the District's social media accounts every month. She confirmed that the grant money is administered by the State. Vice President Ooten commented that the District needs to make better progress in informing the public of this program. He stated that he is looking forward to future discussions on this item to develop more strategies. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD DECEMBER 08, 2020 Secretary Schafer inquired about how the Door -to -Door HHW Program affects the Large Item Collection Program. Vice President Ooten clarified that the Large Item Collection Program is a separate program. Mr. Mosher stated that he shares the same concerns regarding the environmental importance of the programs. He inquired about the report's graphs and noted the dramatic decrease in data for fiscal year 2020-2021. He noted that the District is only halfway through the fiscal year, which may explain the sharp decrease. Vice President Ooten confirmed that the graphs do not present the full year's data for fiscal year 2020-2021. He noted that there is no way to project the data for the fiscal year. He stated that the graph should be presented in a more delineated format. There was no further discussion, and the report was received. Procedural: 1. Oral Communications and Director Comments There were no additional comments by the Board. Procedural: 2. Adjournment Vice President Ooten adjourned the meeting at 10:16 A.M. U&MLAJ,4 Arlene Schafer Secretary Bob Ooten Vice President